§ 47–355.07. Board of Review for Anti-Deficiency Violations.

(a) The Board of Review for Anti-Deficiency Violations (“Review Board”) is established as an independent agency within the District of Columbia government, consistent with the meaning of the term independent agency, as provided in [§ 1-603.01(13)].

(b) The Review Board shall:

(1) Advise and make recommendations to the Mayor, Council, Chief Financial Officer, and Inspector General on issues relative to anti-deficiency law violations in the District of Columbia; and

(2) Convene within 30 days of learning of an alleged violation of § 47-355.02 to determine whether a violation occurred.

(c)(1) The Review Board shall be comprised of 5 members of the District of Columbia government appointed as follows:

(A) Two representatives who shall be appointed by the Chief Financial Officer, one of whom shall be appointed by the Chief Financial Officer to serve as Chairperson of the Review Board;

(B) One representative who shall be appointed by the Mayor;

(C) One representative of the Council, who shall be an employee of the Council and shall be appointed by the Chairman of the Council; and

(D) One representative who shall be appointed by the Inspector General.

(2) Members shall be appointed to a term of 3 years. Each member may serve beyond the end of their term until reappointed or replaced by the appropriate appointing authority.

(3) Members shall serve without compensation; provided, that a member may be reimbursed for expenses incurred in the authorized execution of official duties of the Review Board if those expenses are approved in advance by the Chief Financial Officer.

(d) If the Review Board determines that a violation of § 47-355.02 has occurred, it shall:

(1) Assess the responsibility of culpable employees;

(2) Except as provided in subsection (e) of this section, recommend an appropriate disciplinary action; and

(3) Present a report to the Council within 30 days of the determination of a violation that includes all relevant facts, including:

(A) The violation;

(B) The name and title of the employees who were responsible for the violation;

(D) A statement of the action recommended.

(d-1)(1) The Review Board shall conduct an investigation upon receipt of a report of an alleged violation.

(2) In investigating a report of an alleged violation, the Review Board may:

(A) Request assistance from the Office of the Chief Financial Officer, the Office of the Inspector General, and the Office of the Attorney General; and

(B) Consult with the Office of the Attorney General for the purposes of obtaining legal advice.

(d-2) The Review Board:

(1) Shall have access, subject to any privileges or confidentiality requirements as provided by law, to all facilities, files, and databases of the District government, including all files, electronic paper records, reports, documents, and other materials that may relate to the investigation;

(2) May request information or assistance from any District, federal, state, or local government agency as may be necessary for carrying out the investigation; and

(3) May seek information from parties outside the District government, including government contractors, that may be relevant to the investigation.

(d-3)(1) Subject to any applicable privileges, all officers, employees, and members of boards, commissions, and councils of the District government shall cooperate in an investigation by the Review Board and shall provide documents, materials, and information to the Review Board upon request.

(2) Subject to any applicable privileges, officers, employees, and members of boards, commissions, and councils of the District government shall respond truthfully to all questions posed by the Review Board, and shall not prevent or prohibit the Review Board from initiating, carrying out, or completing an investigation within its jurisdiction.

(3) The Review Board:

(A) May require any officer, employee, or member of a board, commission, or council of the District government, including the subject of an allegation, to appear before the Review Board; and

(B) Shall provide any officer, employee, or member of a board, commission, or council of the District who is potentially subject to disciplinary action an opportunity to appear before the Review Board.

(4) The Review Board may recommend an appropriate disciplinary action with respect to any officer, employee, or member of a board, commission, or council of the District government who fails to cooperate fully with a Review Board investigation.

(e)(1) A finding by the Review Board that a violation of § 47-355.02 has occurred shall not be a prerequisite for adverse personnel action under § 47-355.06.

(2) In recommending appropriate disciplinary action under subsection (d) of this section, the Review Board may make a recommendation that no action be taken where it finds justification for the violation. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.

(f) The Review Board is authorized to establish subcommittees as needed. A subcommittee may include District government employees who are not members of the Review Board; provided, that each subcommittee is chaired by a member of the Review Board.

(g) The Review Board may establish its own bylaws and rules of procedure, subject to the approval of the Chief Financial Officer or his or her designee.

(h) The Office of the Chief Financial Officer shall provide administrative and staff support to the Review Board.

(Apr. 4, 2003, D.C. Law 14-285, § 2, 50 DCR 940; Mar. 13, 2004, D.C. Law 15-105, §§ 12(b), 77(d), 51 DCR 881; Mar. 14, 2007, D.C. Law 16-293, § 2(f), 54 DCR 1083; May 2, 2015, D.C. Law 20-271, § 231, 62 DCR 1884; Oct. 8, 2016, D.C. Law 21-160, § 7028(a), 63 DCR 10775.)

Effect of Amendments

D.C. Law 15-105, in subsec. (a), substituted “§ 47-355.06” for “subsection (a) of this section”; and, in subsec. (c), validated a previously made technical correction.

D.C. Law 16-293, rewrote subsecs. (a) and (c), which formerly read:

“(a) Within 30 days of April 4, 2003, the Mayor and Chief Financial Officer shall establish a review board, which shall within 30 days of learning of a violation specified in § 47-355.06 by an agency convene a review board to investigate the causes of the violation. The review board shall assess the culpability of responsible employees, recommend an appropriate disciplinary action, and report to the Council the actions proposed to be taken based on the review board’s findings.”

“(c) The review board may recommend that no action be taken where it finds a justification for the violation. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.”

The 2015 amendment by D.C. Law 20-271 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 231 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 231 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of section, see § 5 of the Fiscal Year 2016 Second Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-202, Nov. 23, 2015, 62 DCR 15276).

For temporary (90 days) amendment of this section, see § 5 of the Fiscal Year 2016 Budget Support Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-307, Feb. 18, 2016, 63 DCR 2182).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 12 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Establishment—Board of Review for Anti-Deficiency Violations, see Mayor’s Order 2003-156, November 7, 2003 ( 50 DCR 10187).

Delegation of Authority

Delegation of Mayor’s Rulemaking Authority to the Board of Review for Anti-Deficiency Violations, see Mayor’s Order 2004-125, August 2, 2004 ( 51 DCR 8006).