§ 1–1162.24. Public reporting.

(a)(1) Public officials, except Advisory Neighborhood Commissioners and candidates for election to public office, who are not otherwise required to file pursuant to this paragraph, shall file with the Board a public report containing a full and complete statement of:

(A) The name of each business entity, including sole proprietorships, partnerships, trusts, nonprofit organizations, and corporations, whether or not transacting any business with the District of Columbia government, in or from which the public official or his or her spouse, domestic partner, or dependent children:

(i) Has a beneficial interest, including, whether held in such person’s own name, in trust, or in the name of a nominee, securities, stocks, stock options, bonds, or trusts, exceeding in the aggregate $1,000, or that produced income of $200;

(ii) Receives honoraria and income earned for services rendered in excess of $200 during a calendar year, as well as the identity of any client for whom the official performed a service in connection with the official’s outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year. The report required by this part shall include a narrative description of the nature of the service performed in connection with the official’s outside income;

(iii) Serves as an officer, director, partner, employee, consultant, contractor, volunteer, or in any other formal capacity or affiliation; or

(iv) Has an agreement or arrangement for a leave of absence, future employment, including date of agreement, or continuation of payment by a former employer;

(B) Any outstanding individual liability in excess of $1,000 for borrowing by the public official or his or her spouse, domestic partner, or dependent children from anyone other than a federal or state insured or regulated financial institution, including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts, or a member of the person’s immediate family;

(C) All real property located in the District (and its actual location) in which the public official or his or her spouse, domestic partner, or dependent children, has an interest with a fair market value in excess of $1,000, or that produced income of $200; provided, that this provision shall not apply to personal residences occupied by the public official, his or her spouse, or domestic partner;

(D) All professional or occupational licenses issued by the District of Columbia government held by a public official or his or her spouse, domestic partner, or dependent children;

(E) All gifts received year by a public official from a prohibited source in an aggregate value of $100 in a calendar;

(F) An affidavit stating that the public official has not caused title to property to be placed in another person or entity for the purposes of avoiding the disclosure requirements of this subsection; and

(G) A certification that the public official has:

(i) Filed and paid his or her income and property taxes;

(ii) Diligently safeguarded the assets of the taxpayers and the District;

(iii) Reported known illegal activity, including attempted bribes, to the appropriate authorities;

(iv) Not accepted any bribes;

(v) Not directly or indirectly received government funds through illegal or improper means;

(vi) Not raised or received funds in violation of federal or District law; and

(vii) Not received or been given anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that the public official’s official actions or judgment or vote would be influenced.

(2) The Board may, on a case-by-case basis, exempt a public official from this requirement or some portion of this requirement for good cause shown.

(3)(A) An Advisory Neighborhood Commissioner who is not otherwise required to file a report pursuant to paragraph (1) of this subsection shall file the certification required by paragraph (1)(G) of this subsection for the preceding year.

(B) Effective January 1, 2015, a candidate for election to public office who is not otherwise required to file a report pursuant to paragraph (1) of this subsection shall file the certification required by paragraph (1)(G) of this subsection for the preceding year.

(C) A candidate for election to public office who, as of May 15, 2014, had not filed a report for calendar year 2013 required by this section and who was not otherwise required to file a report pursuant to paragraph (1) of this subsection shall not be required to do so.

(b) Except as otherwise provided by this section, all papers filed under this section shall be kept by the Board in the custody of the Director of Government Ethics for no less than 6 years. The Board shall publicly disclose before the 2nd day of June each year the names of the candidates, officers, and employees who have filed a report. The Director of Government Ethics shall dispose of papers filed pursuant to this section in accordance with Chapter 17 of Title 2.

(c)(1) Except as otherwise provided in this subsection, reports required by this section shall be filed annually no later than 11:59 p.m. on May 15 of each year. If, before 11:59 p.m. on May 15, a public official ceases to hold an office or position, the occupancy of which imposes upon him or her the reporting requirements set forth in subsection (a) of this section, the public official shall file the report required by subsection (a) of this section within 3 months after leaving the office or position.

(2) Reports required by this section for the Chairman and each member of the Council shall be filed semiannually no later than 11:59 p.m. on May 15 and November 15 of each year. If, before 11:59 p.m. on May 15 or November 15, the Chairman or a member of the Council ceases to hold an office, the occupancy of which imposes upon him or her the reporting requirements set forth in subsection (a) of this section, the Chairman or member of the Council shall file the report required by subsection (a) of this section within 3 months after leaving the office.

(c-1) The Board shall publish in the District of Columbia Register no later than 11:59 p.m. on June 15 of each year, or in the case of the Chairman or a member of the Council, no later than 11:59 p.m. on June 15 and December 15 of each year, the name of each public official who has:

(1) Filed a report under this section;

(2) Sought and received an extension of the filing deadline and the reason for the extension; and

(3) Not filed a report and the reason for not filing, if known.

(c-2) Notwithstanding any other provision of this section, during a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, the Board may change the dates by which:

(1) Reports required by this section are to be filed; and

(2) The names of public officials are to be published pursuant to subsection (c-1) of this section.

(d) Reports required by this section shall be in a form prescribed by the Board. The Board may provide for the grouping of items of income, sources of income, assets, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities, or purchases and sales of rental property of any individual.

(e) All reports filed under this section shall be maintained by the Board as public records.

(f) For the purposes of a report required by this section, a person shall be considered to have been a public official if he or she has served as a public official for more than 30 days during any calendar year in a position for which reports are required under this section.

(g) The Board shall provide for the annual auditing of all reports filed pursuant to this section.

(h) The Mayor shall develop a list of each business entity transacting any business with the District government, or providing a service to the District for consideration, to include the business name, address, principals, and brief summary of the business transacted within the immediately preceding 6 months. The list shall be available online and published on January 1st and July 1st annually.

(i) Each personnel authority shall compile a list of all public officials, as defined by § 1-1161.01(47), within its respective agency or the Council, and shall supply the list to the Board no later than 11:59 p.m. on March 1 of each year. The list required by this subsection shall include the name, title, position, grade level, home address, work e-mail address, and work telephone number for each public official appearing on the list.

(Apr. 27, 2012, D.C. Law 19-124, § 224, 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1072(a), 59 DCR 8025; Apr. 27, 2013, D.C. Law 19-286, § 3(b), 60 DCR 2319; Feb. 26, 2015, D.C. Law 20-155, § 1152(a), 61 DCR 9990; Apr. 7, 2017, D.C. Law 21-240, § 2(b), 64 DCR 1598; Oct. 30, 2018, D.C. Law 22-168, § 1083(z), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(d), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 3(a), 68 DCR 001073.)

Section References

This section is referenced in § 1-123, § 1-618.01, § 1-1162.25, § 1-1171.02, and § 38-2973.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168, in the introductory language of (c), substituted “May 15th” for “October 2nd” in the first sentence, substituted “May 15th” for “October 1st” in the second sentence, and substituted “June 15th” for “November 2nd” in the third sentence.

The 2013 amendment by D.C. Law 19-286 added “and members of the Washington Metropolitan Area Transit Authority Board of Directors appointed pursuant to § 9-1107.01” in (a)(1).

The 2015 amendment by D.C. Law 20-155 added “and candidates for nomination for election, or election, to public office, who are not otherwise required to file pursuant to this paragraph” and made a related change in the introductory language of (a)(1); substituted “Not accepted” for “Not been offered or accepted” in (a)(1)(G)(iv); and added (a)(3).

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(d) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7027 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-240. Therefore the changes made to this section by D.C. Law 21-240 have been implemented.

Applicability of D.C. Law 21-240: § 3 of D.C. Law 21-240 provided that the creation of subsection (c)(2) of this section by § 2(b) of D.C. Law 21-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 1083(z) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1083(z) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 3 of D.C. Law 21-240, see § 7027 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-240, see § 7027 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(b) of Council Financial Disclosure Emergency Amendment Act of 2016 (D.C. Act 21-641, Jan. 25, 2017, 64 DCR 931).

For temporary (90 day) amendment of section, see § 1072(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1072(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2(a) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2014, (D.C. Act 20-364, June 23, 2014, 61 DCR 6765).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

Editor's Notes

Section 1074 of D.C. Law 19-168 provided that § 1072(a) and (b) of the act [which amended §§ 1-1162.24(c) and 1-1162.25] shall apply as of January 1, 2013.