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Office of Campaign Finance 
Motion to Dismiss appeal of order in the matter of Anthony A. Williams and Vincent Mark J. Policy, OCF Investigation 03-04
April 28, 2004

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BEFORE THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
WASHINGTON, D.C. 20001
(202) 727-2525

IN THE MATTER OF

Anthony A. Williams, Mayor, District of Columbia 
Washington, D.C. 20001

and 

Vincent Mark J. Policy, Greenstein Delorme and Luchs, P.S.
1620 L Street, N. W., Washington, D.C. 20036

BOEE No. ______
OCF No. Inv. 03-04
April 28, 2004

MOTION TO DISMISS

Pursuant to 3 D.C.M.R. Section 4126.5(e) (June 1998, as amended), the Office of Campaign Finance (OCF) moves the Board of Elections and Ethics (BOEE) to dismiss the instant action by Dorothy A. Brizill, wherein she appeals the OCF Director's Order of April 8, 2004, because the complaint fails to state a claim upon which relief may be granted.

Respectfully submitted,
Cecily E. Collier-Montgomery 
Director
Office of Campaign Finance

Kathy S. Williams 
General Counsel


BEFORE THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
WASHINGTON, D.C. 20001
(202) 727-2525

IN THE MATTER OF

Anthony A. Williams, Mayor, District of Columbia 
Washington, D.C. 20001

and 

Vincent Mark J. Policy, Greenstein Delorme and Luchs, P.S.
1620 L Street, N. W., Washington, D.C. 20036

BOEE No. ______
OCF No. Inv. 03-04

POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS

1. On November 24, 2003, OCF accepted for filing the November 7 and 17, 2003 complaint of Dorothy Brizill (Brizill), Executive Director of D.C. Watch, wherein she alleged that Anthony A. Williams (Williams) and Vincent Mark J. Policy (Policy) violated the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974 (the Act), as amended, D.C. Official Code Sections 1-1101.01 et seq. (2001 Edition), when Policy inappropriately donated pro bono legal services to Williams and that Williams inappropriately received pro bono legal services from Policy; and Brizill requested OCF to determine whether this donation of pro bono, legal services, and receipt thereof, constitute an illegal donation or something of value by a lobbyist to an elected official, whether services that are explicitly provided to an elected official as an individual can be considered as having been provided to that individual's political committee, and whether the representation that [Policy] is providing in this case falls within the boundaries of legal services that can legitimately be provided as volunteer services to a political campaign."

2. In her November 17, 2003 submission, Brizill pointed out, among other things, that Policy appeared before the D.C. Council Committee on Consumer and Regulatory Affairs public hearing on Bill 15-133, the "Rental Housing Conversion and Sale Act of 1982 Amendment Act of 2003," and testified with persons noted on the Witness List as the "AOBA Panel."

3. According to the Act, at Section 1-1105.01(7), the term "lobbying" does not mean "[t]estimony given before a committee of the Council. . .during which a public record is made of such proceedings or testimony submitted for inclusion in such a public record[.]"

4. On December 12, 2003, OCF received from Policy, among other things, a copy of the February 10, 2003 Retainer Agreement for Legal Services between Policy and Williams for the former's defense of the latter in a contract dispute involving his principal campaign committee which supported his candidacy for the office of Mayor in 2001; and, copies of lobbyist documents filed with OCF by Policy's firm indicating that Policy was a registered lobbyist for D.C. Association of Realtors and Apartment and Office Building Association (AOBA) in 2003.

5. On February 5, 2004, Williams made partial payment of $15,000 to Policy's firm for Policy's legal services.

6. On April 8, 2004, the Director issued an Order dismissing Brizill's complaint, provided that OCF receives a notarized notice by letter signed by Policy and Williams upon satisfaction of the payment of Policy's services to Williams; and, stated that Policy and Williams did not violate the Act because Williams contracted with Policy for legal services in the dispute with the alleged campaign worker and Williams is paying Policy for these services.

7. On April 9, 2004, Brizill sought appeal of the Director's April 8, 2004 Order.

8. Pursuant to 3 D.C.M.R. Section 3308.8, "[a]ny party adversely affected by any decision or order of the Director may obtain review of the decision or order by filing, with the Board of Elections and Ethics, a request for a hearing de novo,."

9. One filing an appeal of an OCF action must be a "party adversely affected" - "the standard by which standing is met." In Re: Dorothy Brizill v. Sharon Pratt Kelly Committee, Friends of D.C. Political Action Committee, Barry Committee for Mayor '94 Committee, Washington Business Political Committee, BOEE 9503, 95-04 (consolidated cases) (May 11, 1995) (Brizill).

10. "[M]ere `interest in a problem,' no matter how longstanding the interest and no matter how qualified the organization is in evaluating the problem, is not sufficient by itself to render the organization `adversely affected' or `aggrieved' within the meaning of the [Administrative Procedures Act']. . .Such issues may be raised by a representative of the public interest, but that representative must allege his personal stake in the controversy - his own injury in fact - before he will have standing to put forth the broader claims of the public at large." Brizill at 6, citing Board of Elections and Ethics v. Democratic Central Committee, 300 A.2d 725 (D.C. 1973).

11. Brizill simply disagreed with the Director's Order, submitted only her original complaint in support of this appeal, and ultimately failed to allege any "personal" stake, or injury in fact, in the instant controversy.

12. For the foregoing reasons, the Director respectfully requests dismissal of Brizill's appeal.

Respectfully submitted,
CecilyCollier-Montgomery 
Director
Office of Campaign Finance

Kathy S. Williams
General Counsel


BEFORE THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
WASHINGTON, D.C. 20001
(202) 727-2525

IN THE MATTER OF

Anthony A. Williams, Mayor, District of Columbia 
Washington, D.C. 20001

and 

Vincent Mark J. Policy, Greenstein Delorme and Luchs, P.S.
1620 L Street, N. W., Washington, D.C. 20036

BOEE No. ______
OCF No. Inv. 03-04

ORDER

This matter came before the Board upon the appeal by Dorothy Brizill, complainant below in OCF No. Inv. 03-04, of the Order of the Director of the Office of Campaign Finance therein, dated April 8, 2004.

To wit, after considering all pleadings and papers, it is hereby ORDERED that his matter is hereby dismissed.

Chairperson
Date

cc:   Dorothy Brizill Executive Director D.C. Watch
1327 Girard Street, N.W. Washington, D.C. 20009

Cecily E. Collier-Montgomery 
Director
Kathy S. Williams
General Counsel
Office of Campaign Finance Reeves Building, Suite 420
2000 14th Street, N. W.
Washington, D.C. 20009

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