Code of the District of Columbia

§ 39–205. Administration.

(a)(1) On or before October 1, 2019, the Commission shall nominate, and with the advice and consent of the Council, shall appoint an Executive Director for the Commission for a renewable 4-year term. The 4-year year term shall commence on October 1 in the year of the appointment and expire on September 30 of the fourth year of the term. The Executive Director may be removed by the Commission for just and reasonable cause.

(2) The Executive Director shall receive annual compensation fixed in accordance with the provisions of subchapter XI of Chapter 6 of Title 1 and shall serve as the chief administrative officer of the Commission.

(3) In addition to any other duties set forth in this chapter, the Executive Director shall:

(A) Supervise the staff of the Commission;

(B) Assist the Commission in executing its policies and duties;

(C) Perform other duties as directed by the Commission; and

(D) Report regularly on the activities and operations of the agency to the members of the Commission.

(4) In the event of a vacancy in the position of Executive Director:

(A) The Commission may designate an individual to serve as interim or acting Executive Director; provided, that:

(i) An individual designated as interim Executive Director is an employee of the Commission at the time the vacancy in the position of Executive Director occurs;

(ii) An individual designated as acting Executive Director has been nominated to serve as Executive Director pursuant to paragraph (1) of this subsection; and

(iii) The total combined period of time during which the Commission relies on an interim or acting Executive Director does not exceed 180 days.

(B) An individual appointed to fill the vacancy shall serve for the remainder of the unexpired term.

(b) The Commission shall meet monthly, except when a meeting is cancelled by the Chairperson and a majority of the Commission. Special meetings of the Commission may be called by the Chairperson of the Commission, or upon the request of 5 members of the Commission.

(b-1)(1) The Mayor shall provide the Commission with the services and facilities necessary for the Commission to carry out its duties and responsibilities.

(2) All District agencies shall collaborate with the Commission, including sharing data to the extent permitted by law, in furtherance of the Commission's duties and responsibilities.

(c) The Commission shall prepare and submit to the Mayor, with a copy to the Council, an annual budget to be included in the regular budget process of the District of Columbia developed in accordance with subchapter I of Chapter 3 of Title 47. In addition, each annual capital budget request submitted by the Mayor to the Council shall include as a discrete capital project a public arts fund in the amount of 1% of the total authority requested for the construction, renovation, and repair of public facilities and institutions, exclusive of land acquisition and infrastructure. Public arts fund financing shall be used by the Commission to fund the creation, installation, and maintenance of public art. The commissioning of artists and the selection, approval, placement, and maintenance of public art shall be the responsibility of the Commission in consultation with both the Department of Public Works and, if applicable, the public official or employee with chief administrative responsibility for the actual use of the public place affected.

(c-1) For Fiscal Year 2024 and every fiscal year thereafter the Commission shall allocate the annual budget as follows:

(1) Not more than 20% of the annual budget shall be allocated for administrative costs.

(2)(A) The funds remaining after the allocation described in paragraph (1) of this subsection shall be allocated for grants for the following purposes:

(i) 14.95% for grants to fund capital projects in support of eligible arts and humanities organizations;

(ii) 47.48% for General Operating Support grants to eligible arts and humanities organizations;

(iii) 21.98% for other art grant programs established by the Commission; and

(iv) 3.52% the for the Humanities Grant Program administered by HumanitiesDC.

(v) 12.07% for a large capital grant program to be administered pursuant to § 39-205.04.".

(B) Awards of General Operating Support grants pursuant to subparagraph (A)(ii) of this paragraph shall be competitive, and each application of an eligible organization shall be reviewed in cohorts of similar budget size, and with grant award amounts tiered in relation to the grantee's budget size; provided, that an award to an individual organization with an annual operating budget exceeding $115,000 may not exceed 50% of the organization's annual operating budget exclusive of District funds.

(d) The Chairperson shall submit to the Mayor and the Council the annual reports of the Commission’s activities, the public arts plan required by § 39-204(8), and any other plans, recommendations, and projections for the following year. These reports, plans, recommendations, and projections shall accompany the budget request referred to in subsection (c) of this section.

(e) If any member of the Commission is an employee, member, director, or officer of any organization that has applied to the Commission for a grant, such member shall:

(1) Provide a written statement before the grant is considered by the Commission or an advisory panel describing the potential conflict of interest and deliver the statement to the Executive Director and the Chairperson of the Commission;

(2) Not communicate with or attempt to influence any other member of the Commission or any member of an advisory panel regarding the grant application; and

(3) Not be present when the grant application is considered by the Commission or an advisory panel.