Rules on standards of conduct, conflict of interest, reporting of financial interest, outside employment and agency ethics counselors. Current Transmittal No: 216
NOTE: This issuance supersedes DPM issuance No. I-2018-8, Sexual Harassment Reports and Investigations, dated April 25, 2018. The District of Columbia government is committed to maintaining a safe ...
The purpose of this instruction is to inform, distribute, and provide guidance to agencies on the use of the newly developed D.C. Standard Form (DCSF) No. 36, Previous Employment Relationships Disclos...
NOTE: This Electronic-District Personnel Manual (E-DPM) Instruction Amends E-DPM Instruction 18-2 to change the effective date of that Instruction in order to provide an extension of time within each ...
NOTE: This Electronic-District Personnel Manual (E-DPM) Instruction issues District of Columbia Ethics manual, dated December 30, 2011, (Rev. 1/12), provided by the Office of the Attorney General for ...
The purpose of this District Personnel Manual (DPM) instruction is to communicate the policy on outside employment and the regulations on dual pay and dual employment....
|1800||Applicability and Basic Employee Obligations|
|1803||Gifts from Outside Sources|
|1804||Gifts Between Employees|
|1805||Financial Interests and Disclosures|
|1806||Restrictions on the Employment or Relatives (Nepotism)|
|1807||Outside Employment and Private Representations|
|1810||Public Reporting and Confidential Disclosure of Financial Interests|
|1811||Post-Employment Conflict of Interests|
1800.1 This chapter applies to the ethical responsibilities of all employees pursuant to Chapter XVIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-618.01 et seq.).
1800.2 Each employee has a responsibility to the District of Columbia and its citizens to place loyalty to the laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the District government, each employee shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the District of Columbia Employee Ethics Pledge and in supplemental agency regulations and policies.
1800.3 The following general principles apply to every employee and form the basis for the standards contained in this chapter. Where a situation is not specifically covered by another provision of law or policy, employees shall apply the following principles set forth in this section in determining whether their conduct is proper:
1800.4 An employee may not do indirectly what he or she may not do directly under this chapter.
1801.1 Employees shall immediately and directly report credible violations of the District Code of Conduct and violations of this chapter to the District of Columbia Office of Government Ethics, the District of Columbia Office of the Inspector General, or both.
1801.2 An employee shall not interfere with or obstruct any investigation conducted by a District or federal agency.
1801.3 An employee shall fully cooperate with any investigation, enforcement action, or other official function of the Office of Government Ethics.
1801.4 Coercive, harassing, or retaliatory action shall not be taken against any employee acting in good faith under this section.
1802.1 A violation of this chapter or supplemental agency regulations and policies shall be cause for appropriate corrective or disciplinary action to be taken under the procedures applicable to the employee.
1802.2 It is the responsibility of the employing agency to initiate appropriate remedial, corrective, or adverse action in individual cases. Such action may be in addition to any other action or penalty prescribed by law.
1802.3 An employee who violates the Code of Conduct shall be subject to applicable civil and criminal penalties pursuant to Section 221 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Amendment Act of 2011 (D.C. Law 19-124; D.C. Official Code § 1-1162.21). Penalties imposed by BEGA are separate and apart from any corrective or disciplinary action taken by the employing agency.
1803.1 This section contains standards that prohibit an employee from soliciting or accepting any gift from a prohibited source or given because of the employee's official position unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.
1803.2 Except as otherwise provided in this section, an employee shall not, directly or indirectly, solicit or accept a gift:
1803.3 Notwithstanding any exception provided in this section, an employee shall not:
1803.4 For purposes of this section, the following meanings apply:
1803.5 The prohibitions set forth in this section do not apply to gifts accepted under the circumstances described in paragraphs (a) through (e) of this subsection, and an employee's acceptance of a gift in accordance with one of those paragraphs will be deemed not to violate the principles set forth in Section 1800.
1803.6 Whenever an employee accepts a contribution, award or payment in accordance with Paragraphs 1803.5(d) or (e), the agency shall maintain the following records for a period of no less than two (2) years:
1803.7 An employee who receives a gift that cannot be accepted under the provisions of this section shall inform the person offering the gift that District government ethics rules do not permit acceptance of gifts, and:
1803.8 In accordance with 18 U.S.C. § 209, an employee shall not receive any salary or anything of monetary value from a private source as compensation for his or her services to the government.
1804.1 Except as provided in Subsection 1804.6, this section contains standards that prohibit an employee from giving, donating to, or soliciting contributions for, a gift to an official superior and from accepting a gift from a co-worker receiving less pay than the employee, unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.
1804.2 Except as otherwise provided in this section, an employee may not:
1804.3 Except as provided in this section, an employee may not, directly or indirectly, accept a gift from an employee receiving less pay than themself unless:
1804.4 Notwithstanding any exception provided in this section, an official superior shall not coerce a subordinate to make or contribute to a gift.
1804.5 For purposes of this section, the following meanings apply:
1804.6 The prohibitions set forth in Subsections 1804.2 and 1804.3 do not apply to a gift given or accepted under the circumstances established in Paragraphs (a) and (b) of this subsection. A contribution or the solicitation of a contribution that would otherwise violate Subsections 1804.2 and 1804.3 may only be made in accordance with Paragraph (c) of this subsection.
1804.7 For the purposes of Subsections 1804.3 and 1804.4 of this section, the term nominal means an individual cash donation of no more than ten dollars ($10) or an individual voluntary gift of no more than ten dollars ($10) in market value.
1805.1 It is the policy of the District government to avoid conflicts of interest concerning the award, implementation, monitoring, and performance of contracts for services. Accordingly, as a means of assisting District government agencies to evaluate real or potential conflicts of interest in this area, each employee will be required to disclose to his or her employing agency upon appointment, such previous employment relationships (whether in the private or public sectors) as the employing agency may direct, including full disclosure of any ongoing economic benefits to the employee from previous employment relationships.
1805.2 For the purposes of this section, the following terms apply:
1805.3 The employing agency shall inform each new hire of the requirement to disclose employment relationships as described in Subsection 1805.1. A new hire with employment relationships to disclose shall so inform his or her immediate supervisor and a person designated by the agency head, and complete D.C. Standard Form 36, Previous Employment Relationships, within thirty (30) days of the effective date of the new appointment.
1805.4 The head of the employing agency will communicate the information required to be disclosed under this subsection to each new hire, and advise the employee in writing of the restrictions imposed by this subsection.
1805.5 Notwithstanding the prohibitions set forth in Subsection 1805.4, the head of the employing agency may authorize an employee, required to make a disclosure under this section, to do any of the following as part of the employee’s official duties:
1805.6 The determination to require an employee to perform any of the duties listed in Subsection 1805.5 shall be based upon a written determination of the agency head, made in light of all relevant circumstances, that the interest of the District government in the employee’s participation outweighs the concern that a reasonable person might question the integrity of the District government’s programs or operations. Applying this standard, the agency head may determine that the employee’s participation reasonably may be permitted in certain activities involving the employee’s former employer, but not in others. In all instances under this section in which the employee is prohibited from participation, the employee will be screened from the receipt of any information regarding the former employer’s matter that is pending before the District government.
1805.7 An agency head may delegate the responsibility for making any of the determinations prescribed in this section to other personnel in the agency. The person in the agency making any such determinations may consult with the Board of Government Ethics and Accountability.
1805.8 No District government employee or any member of his or her immediate household shall knowingly:
1805.9 A District government employee who is called upon to act for or on behalf of the District government in a matter relating to or involving a non-governmental entity in which the employee or a member of the employee's immediate family has a financial interest, shall make this fact known to his or her immediate supervisor and a person designated by the agency head, in writing, at the earliest possible moment. Unless a waiver of the conflict of interest is granted by BEGA pursuant to D.C. Official Code § 1-1162.23(b), the head of the employing District government agency subsequently shall determine whether or not the employee must divest him or herself of such interest, or merely disqualify him or herself from taking part in any official decision or action involving the matter.
1806.1 In accordance with the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115, D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended (Pub. L. 90-206, 5 U.S.C. § 3110), this section restricts the hiring and advancing of relatives by public officials.
1806.2 For purposes of this section, the following meanings apply:
1806.3 A public official may not directly or indirectly make a hiring decision regarding a position within his or her own agency with respect to a relative. Specifically, a public official may not appoint, employ, promote, evaluate, interview, or advance (or advocate for such actions) any individual who is a relative in an agency in which the public official serves or exercises jurisdiction or control. A violation of this subsection shall constitute disciplinary cause and subject the public official to disciplinary action, up to, and including removal.
1806.4 Any hiring decision secured or effectuated in violation of this section shall be rescinded immediately.
1806.5 In addition to any other remedies available pursuant to law, including penalties imposed by the Office of Government Ethics, a public official who violates Subsection 1806.3 shall pay restitution to the District of Columbia for any gains received by the relative.
1806.6 When the agency contemplates making a hiring decision concerning a relative of a public official within the same agency, the public official must file a written recusal, which shall be included in the relative’s official personnel file along with the subject personnel action.
1806.7 In the event of emergencies resulting from natural or manmade disasters, the Mayor may suspend the prohibitions of this section, as permitted by the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115 (D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended (Pub. L. 90-206; 5 U.S.C. § 3110(d)).
1807.1 A District government employee shall not engage in any outside employment or other activity incompatible with the full and proper discharge of his or her duties and responsibilities. Activities or actions that are not compatible with government employment include, but are not limited to the following:
1807.2 A District government employee may receive compensation for engaging in teaching activities, writing for publication, consultative activities, and speaking engagements that are not prohibited by law, regulation, or agency standards, only if such activities are conducted outside of regular working hours, or while the employee is on annual leave, compensatory leave, exempt time off, or leave without pay.
1807.3 The information used by an employee engaging in an activity under Subsection 1807.2 of this section shall not draw on official data or ideas which have not become part of the body of public information, except nonpublic information that has been made available on request for use in such capacity, or unless the agency head gives written authorization for use on the basis that its use is in the public interest.
1807.4 If the employee receives compensation or anything of monetary value for engaging in an activity under Subsection 1807.2 of this section, the subject matter shall not be devoted substantially to the responsibilities, programs, or operations of his or her agency, to his or her official duties or responsibilities, or to information obtained from his or her government employment.
1807.5 An employee who is employed for not more than one hundred thirty (130) days during any period of three hundred sixty-five (365) consecutive days, to perform temporary duties, either on a full-time or intermittent basis, shall be subject to Subsection 1807.1(h) of this section only in relation to a particular matter involving specific parties in which he or she has at any time participated personally and substantially as a District government employee, or which is pending before his or her employing agency.
1807.6 Nothing in this section shall prevent an employee from acting without compensation as agent or attorney for another District employee who is the subject of any personnel action, if not inconsistent with his or her duties.
1807.7 Nothing in this chapter shall prevent an employee from acting, with or without compensation, as agent or attorney for his or her parent(s), spouse, domestic partner, child, or any person for whom, or for any estate for which, he or she is serving as guardian, executor, administrator, trustee, or other personal fiduciary except in those matters in which he or she has participated personally and substantially as a government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of the employee's official responsibility, provided that the government official responsible for appointment to the employee's position approves. This provision shall not abridge a government attorney’s responsibilities under the District of Columbia Rules of Professional Conduct.
1808.1 An employee has a duty to protect and conserve government property and shall not use such property, or allow its use, for other than authorized purposes.
1808.2 For purposes of this section the following definitions apply:
1809.1 Each subordinate and independent agency of the District government may prescribe additional standards of ethical conduct and reporting requirements that are appropriate to the particular functions and activities of the agency, which are not inconsistent with law or this chapter.
1809.2 Additional standards of ethical conduct must be approved prior to implementation as follows:
1810.1 This section implements the financial interest disclosure requirements set forth in Section 224 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act ”), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1162.24 and 1-1162.25).
1810.2 At the time of hire, each personnel authority shall provide each employee with a copy, whether in hard copy or electronic form, of the BEGA ethics manual, inclusive of the Code of Conduct.
1810.3 In accordance with Sections 1804 and 1806, no employee shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.
1810.4 For purposes of public reporting and confidential financial disclosures:
1810.5 When an agency head questions whether a specific individual should be designated pursuant to Subsection 1810.4, the matter shall be referred to the Director of Government Ethics for final resolution.
1810.6 Designees shall be notified in writing of the following:
1810.7 Designees may request a review of their designation as follows:
1810.8 The decision of the Director of Government Ethics respecting the designation shall be in writing and shall be issued within five (5) days of receipt and shall be final.
1810.19 Each designated employee shall provide the following information pertaining to interest in real property:
1810.20 Each designated employee shall expressly indicate whether any person or entity identified in accordance with Subsections 1810.19 and 1810.20 of this section is (a) engaged in doing business with the District government or (b) regulated by any agency of the District government, except as to any licensing requirement under applicable law. If any change occurs regarding such persons or entities after the filing of an annual statement, the employee shall furnish the updated information by submission of a supplementary statement within ten (10) days of learning of the commencement or cessation of the business activity or the regulatory function.
1810.21 For purposes of Subsection 1810.21 of this section, a person or entity shall be deemed to be doing business with the District government if a contract or agreement has been formally entered into for supplying goods or services, including contracts for construction, to the District, or for extending a leasehold interest to the benefit of the District.
1810.22 If any information is to be supplied by other persons, for example, a trustee, attorney, accountant, or relative, the employee shall indicate the following information:
1810.23 In responding to the requests for information required under Subsections 1810.25 through 1810.23 of this section, the employee shall write "none," if applicable.
1810.24 The employee shall sign and date the confidential report, certifying the following:
1810.25 Each employee shall submit a supplementary statement disclosing any additional financial interests not previously disclosed in the employee's annual report within ten (10) days of his or her commencement of any previously unreported outside employment, acquisition of financial or real property interests, or agreement of indebtedness, in the same manner and to the same extent as specified for the submission of annual reports required by this section.
1810.26 When an employee identifies a person or entity in accordance with Subsections 1810.21 and 1810.22 of this section as either not engaged in doing business with the District government or not regulated by any agency of the District government and thereafter the person or entity commences either to do business with or to become subject to regulation by the District, the employee, within ten (10) days after learning of the commencement of the business or regulatory function, shall notify in writing his or her immediate supervisor and submit a supplementary report identifying the change in status.
1810.27 Each employee required by this section to submit an annual statement shall notify his or her immediate supervisor in writing immediately whenever an assignment is given the employee which may directly or indirectly affect any person or entity identified by the employee in accordance with Subsections 1810.19 through 1810.27 of this section.
1810.28 Upon notification under Subsection 1810.28 of this section, the supervisor may reassign the matter in the event of a conflict of interest or the appearance of a conflict of interest when, in the discretion of the supervisor, a reassignment is warranted under the circumstances.
1810.29 After the employee has been notified by the supervisor that reassignment is warranted, the employee shall submit a written recusal from the matter, which shall be maintained by the agency head.
1810.30 An employee may receive a waiver and work on a matter in which he or she has a conflict of interest, if he or she has received a waiver pursuant to Section 223 of the Ethics Act (D.C. Official Code § 1-1162.23) and the written approval of his or her agency head or designee.
1811.1 District employees shall comply with the provisions of 18 U.S.C. § 207 and implementing regulations set forth at 5 C.F.R. Part 2641, Subparts A and B.
1811.2 District government employees and public officials are subject to certain provisions of the federal criminal conflict of interest provisions set forth in 18 U.S.C. §§ 201-216. Questions regarding the application of 18 U.S.C. § 207, 5 C.F.R. Part 2641, or these regulations, to specific factual circumstances, may be addressed to the Board of Government Ethics and Accountability.
1811.3 A former government employee shall be permanently prohibited from knowingly acting as an attorney, agent, or representative in any formal or informal appearance before an agency as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.
1811.4 A former government employee shall be permanently prohibited from making any oral or written communication to an agency with the intent to influence that agency on behalf of another person as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.
1811.5 A former government employee shall be prohibited for two (2) years after terminating District government employment from knowingly acting as an attorney, agent, or representative in any formal or informal matter before an agency if he or she previously had official responsibility for that matter.
1811.6 For purposes of Subsection 1811.5 of this section, a matter for which the former government employee had official responsibility is any matter that was actually pending under the former employee's responsibility within a period of one (1) year before the termination of such responsibility.
1811.7 The two-year (2-year) restriction period in Subsection 1811.5 of this section shall be measured from the date when the former employee's responsibility for a particular matter ends, not from the termination of government service, unless the two (2) occur simultaneously.
1811.8 A former employee shall be prohibited for two (2) years from knowingly representing or aiding, counseling, advising, consulting, or assisting in representing any other person (except the District of Columbia) by personal appearance before an agency as to a particular government matter involving a specific party if the former employee participated personally and substantially in that matter as a government employee.
1811.9 The two-year (2-year) period in Subsection 1811.8 of this section shall be measured from the date of termination of employment in the employee position held by the former employee when he or she participated personally and substantially in the matter involved.
1811.10 A former employee (other than a special government employee who serves for fewer than one-hundred and thirty (130) days in a calendar year) shall be prohibited for one (1) year from having any transactions with the former agency intended to influence the agency in connection with any particular government matter pending before the agency or in which it has a direct and substantial interest, whether or not such matter involves a specific party.
1811.11 The restriction in Subsection 1811.10 of this section is intended to prohibit the possible use of personal influence based on past governmental affiliations to facilitate the transaction of business. Therefore, the restriction shall apply without regard to whether the former employee had participated in, or had responsibility for, the particular matter, and shall include matters which first arise after the employee leaves government service.
1811.12 The restriction in Subsection 1811.10 of this section shall apply whether the former employee is representing another or representing him or herself, either by appearance before an agency or through communications with that agency.
1811.13 Communications from a former government employee shall be exempt from these prohibitions if he or she communicates with his or her agency solely to furnish scientific or technological information under procedures acceptable to the agency concerned.
1811.14 Nothing in these regulations shall prevent a former government employee from giving testimony under oath, or from making statements required to be made under penalty of perjury.
1811.15 A former government employee may be exempted from the restrictions on postemployment practices if the Mayor (or designee), in consultation with the federal government’s Director of the Office of Government Ethics, executes a certification published in the D.C. Register. The certification shall state that the former government employee has outstanding qualifications in a scientific, technological, or other technical discipline; is acting with respect to a particular matter which requires such qualifications; and the interest of the District of Columbia would be served by such former government employee's participation.
1811.16 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances, communications, or representation concerning new matters by a former employee if the former employee is an elected official of a state or local government and is acting on behalf of that government, or is regularly employed by and acting on behalf of an agency or instrumentality of federal, state, or local government; an accredited, degree-granting institution of higher education; or a non-profit hospital or medical research organization.
1811.17 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances or communications by a former employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits, or the application of these regulations to an undertaking proposed by a former employee. A former employee also may appear pro se (on his or her own behalf) in any litigation or administrative proceeding involving the individual's former agency.
1811.18 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not prevent a former employee from making or providing a statement, which is based on the former employee's own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses.
1899.1 In this chapter, the following terms have the meaning ascribed:
Agency – any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” also includes any unit of the District of Columbia created or organized by the Council of the District of Columbia as an agency.
Code of Conduct – those provisions contained in the following:
Days – calendar days, unless otherwise specified.
Filers – any person required to file financial disclosure, honoraria, and confidential disclosure of financial interest reports, as applicable, pursuant to D.C. Official Code §§ 1-1162.24 and 1-1162.25.
Former government employee – one who was and no longer is an employee or official of the District government.
Employee/Government Employee – an individual who performs a function of the District government and who receives compensation for the performance of such services (D.C. Official Code § 1-603.01(7)), or a member of a District government board or commission, with or without compensation (D.C. Official Code § 1-602.02(3)). It does not include an individual performing services for the District government as an independent contractor under a personal services contract.
Immediate household – consists of the employee's spouse and blood relations who are full-time residents of the employee's household, and the employee's minor children, irrespective of residence.
Official responsibility – the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, personally or through subordinates, to approve, disapprove, or otherwise direct governmental action.
Particular government matter involving a specific party – any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter in which the District government is a party or has a direct and substantial interest, and which has application to one (1) or more specifically identified persons or entities.
Person – an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.
Public official – a candidate for nomination for election, or election, to public office; the Mayor, Chairman, and each member of the Council of the District of Columbia holding office under the Home Rule Act; the Attorney General; a Representative or Senator elected pursuant to section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Official Code § 1-123); an Advisory Neighborhood Commissioner; a member of the State Board of Education; a person serving as a subordinate agency head in a position designated as within the Executive Service; a member of a board or commission listed in Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(e)); a District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and any additional employees designated by rule by BEGA who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest.
Relative – with respect to a public official, an individual who is related to the public official as a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
Remedial action – an action taken for the purpose of correcting a problem or issue.
Special government employee – any officer or employee of an agency who is retained, designated, appointed, or employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not to exceed one hundred and thirty (130) days during any period of three hundred and sixty five (365) consecutive days.
Supervisor – an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The definition of supervisor shall include an incumbent of a position which is classified at a level higher than it would have been had the incumbent not performed some or all of the above duties.
The following D.C. Register citations identify when a given section(s) of Chapter18, Employee Conduct, of Subtitle B of Title 6 of the District of Columbia Municipal Regulations, was amended. Following the publication in the D.C. Register of subsequent final rulemaking notices, this Addendum will be updated accordingly.
For the convenience of E- DPM users, the Addendum identifies amendments on a section-by-section basis; identifies the page(s) in an E-DPM Transmittal impacted by the amendment(s); and provides brief comments on the amendment(s) accomplished.
|D.C. Register Date||Section(s)||Transmittal No.||Comments|
|31 DCR 6794 (10/31/86)||Entire chapter||DPM Transmittal No. 7||The rulemaking amended section 1809 for clarification. In addition, a new subsection 1803.9 was added for the purpose of providing protection language for employees who exercise their rights and responsibilities granted under 1803.7 (re: reporting corruption and criminal activity).|
|35 DCR 764 (2/5/88)||Section(s) 1804||DPM Transmittal No. 10||The rules amended the chapter add new subsections 1804.6 through 1804.8.|
|36 DCR 3860 (6/2/89)||Section(s) 1805||DPM Transmittal 10||The rules amended the subsection 1805.2 of the chapter to provide for more reasonable limitations on outside interest given the diversified nature of large agencies.|
|40 DCR 8358 (12/3/93)||Section(s) 1816||DPM Transmittal No. 39||The rules amended the chapter to prohibit District government employees from entering into contracts with the District government for the supply of goods or services.|
|48 DCR 3074 (4/6/01)||Section(s) 1803||DPM Transmittal No.72||The notice amended the section 1803 of the chapter to require that employees report any information concerning corrupt or other criminal activity or conflict of interest directly to their agency head and to the Office of the Inspector General|
|48 DCR 9639 (10/19/01)||Section(s) 1803||DPM Transmittal No. 80||The rules amended section 1803 to define the term “nominal” regarding the presentation or acceptance of voluntary gifts or cash donations given to an official superior, or on special, infrequent occasions.|
|50 DCR 10517 (12/5/03)||Section(s) 1803||DPM Transmittal No. 105||These rules amended the chapter to add a new subsection 1803.13 to permit the limited use of the Mayor’s name or title in non-governmental bona-fide charitable solicitations or by a non-profit entity in a fundraising event that supports a charitable activity benefitting the District of Columbia.|
|52 DCR 10406 (11/25/05)||Section(s) 1803||DPM Transmittal No. 138||The rules amended the chapter to add a new subsection 1803.14 to the chapter to establish standards governing the circumstances under which District government personnel may be engaged as part of their official duties in matters involving former employers or may be required to refrain from such contact on grounds of real or potential conflicts of interest.|
|61 DCR 003977 4/11/2014||Entire chapter||E-DPM Transmittal No. 216||The rules amended the chapter to reference the Board of Ethics and Government Accountability (“BEGA”) as the primary District government entity responsible for the enforcement of ethicsrelated matters; to add a new Section 1806, Restrictions on the Employment of Relatives (Nepotism); to amend Section 1899, Definitions, to add definitions for the terms “Agency,” “Code of Conduct,” “Days,” “Filers,” “Former Government Employee,” “Particular government matter involving a specific party,” “Public official,” “Relative,” “Remedial action,” and “Special government employee,” and to amend the definition of the term “Employee”. Additional changes were made throughout the chapter.|