ENROLLED ORIGINAL
A Resolution in the Council
of the District of Columbia
January 2, 2001
To provide rules of organization and procedure for the Council of the District of
Columbia during Council Period XIV.
Resolved, by the Council of the District of Columbia, That this resolution may be cited
as the "Rules for the Council of the District of Columbia, Council Period XIV
Resolution of 2001".
Sec. 2. The document entited "Rules of Organization and Procedure for the Council
of the District of Columbia, Council Period XIV", attached and made a part of this
resolution, shall be the rules of the Council of the District of Columbia.
Sec. 3. This resolution shall take effect immediately pursuant to section 204(f) of the
District of Columbia Codification Act of 1975, effective October 8, 1975 (D.C. Law 1-19;
D.C. Code §1-1602).
TABLE OF CONTENTS
ARTICLE I — DEFINITIONS
101. DEFINITIONS.1
ARTICLE II — ORGANIZATION
201. OATH OF OFFICE
202. CONFLICT OF INTEREST
A. EXECUTIVE OFFICERS OF THE COUNCIL
211. CHAIRMAN
212. CHAIRMAN PRO TEMPORE
213. VACANCY IN OFFICE OF CHAIRMAN
B. COMMITTEE MEMBERSHIP
221. SELECTION
222. CHAIRMAN AS EX-OFFICIO MEMBER
223. VACANCIES
224. DISTRIBUTION OF RESPONSIBILITY
225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS
226. RULES OF COMMITTEE
C. STANDING COMMITTEES
231. COMMITTEE OF THE WHOLE
232. COMMITTEE ON CONSUMER AND REGULATORY AFFAIRS
233. COMMITTEE ON ECONOMIC DEVELOPMENT
234. COMMITTEE ON EDUCATION, LIBRARIES, AND RECREATION
235. COMMITTEE ON FINANCE AND REVENUE
236. COMMITTEE ON GOVERNMENT OPERATIONS
237. COMMITTEE ON HUMAN SERVICES
238. COMMITTEE ON THE JUDICIARY
239. COMMITTEE ON LOCAL AND REGIONAL AFFAIRS
240. COMMITTEE ON PUBLIC WORKS AND THE ENVIRONMENT
D. SPECIAL COMMITTEES
251. CREATION OF SPECIAL COMMITTEES
252. USE OF SUBPOENAS BY SPECIAL COMMITTEEE. APPOINTED OFFICERS OF THE COUNCIL
261. APPOINTMENT OF OFFICERS
262. SECRETARY
263. GENERAL COUNSEL
264. BUDGET DIRECTORF. COUNCIL PERSONNEL AND APPOINTMENTS
271. SUBORDINATE STAFF OF APPOINTED OFFICERS
272. COMMITTEE STAFF
273. MEMBERS’ PERSONAL STAFF
274. COUNCIL APPOINTMENT TO OTHER BODIES
275. APPOINTMENT BY COMMITTEES AND MEMBERS
276. RESIDENCY REQUIREMENT FOR APPOINTMENTS
ARTICLE III — PROCEDURES FOR MEETINGS
A. LEGISLATIVE MEETINGS
301. ORGANIZATIONAL MEETING
302. REGULAR MEETINGS
303. ADDITIONAL AND SPECIAL MEETINGS
304. QUORUM
305. MEETINGS OPEN TO THE PUBLIC
306. EXECUTIVE MEETINGS
307. HEARING THE MAYOR
308. RECESS
309. COUNCIL REVIEW OF CONTRACTS
B. ORDER OF BUSINESS FOR MEETINGS
311. ORDER OF BUSINESS FOR REGULAR MEETINGS
312. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS
313. PROCEEDING OUT OF ORDERC. RULES OF DECORUM
321. DECORUM OF MEMBERS
322. DECORUM OF MEMBERS OF THE PUBLIC
D. RULES OF DEBATE
331. OBTAINING THE FLOOR
332. LIMITATIONS ON DEBATE
333. PERSONAL PRIVILEGE
334. POINTS OF ORDER
335. APPEAL
336. EXTENSION OF REMARKS
337. RECOGNITION OF NON-MEMBERS
338. PRESENTATION OF CEREMONIAL RESOLUTIONS
339. EXPEDITED OPTIONAL PROCEDURE FOR REPROGRAMMINGS AND REVIEW
RESOLUTIONS
E. MOTIONS
341. MOTIONS RECOGNIZED DURING DEBATE
342. WITHDRAWAL OR MODIFICATION OF MOTIONS
343. AMENDMENTS TO BE WRITTEN
F. VOTING
351. FORM OF VOTE
352. VOICE VOTES
353. DEMAND FOR ROLL CALL VOTE
354. CALLING THE ROLL
355. RECORDS OF VOTES
356. PROXY VOTING PROHIBITED
357. RECONSIDERATION
358. SUMMONS OF MEMBERS
A. INTRODUCTION OF LEGISLATION
401. WHO MAY INTRODUCE
402. MANNER OF INTRODUCTION
403. INTRODUCTION OF EMERGENCY LEGISLATION
404. INTRODUCTION OF AUTHORITY RECOMMENDATIONS
405. READING INTRODUCTIONS
406. COMMITTEE ASSIGNMENT
407. COMMENTS BY EXECUTIVE BRANCH
408. WITHDRAWAL OF LEGISLATION
B. COUNCIL APPROVAL
411. CONSENT AGENDA
412. EMERGENCY LEGISLATION
413. TEMPORARY LEGISLATION
414. DISCHARGE
415. VETOED LEGISLATION
C. NOTICE AND PUBLICATION OF INTENDED ACTIONS
421. NOTICE TO MEMBERS
422. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS
423. PERSONAL SERVICE OR ACTUAL NOTICE
424. ABBREVIATED NOTICE
425. METHODS OF NOTICE
426. NOTICE OF EMERGENCY ACTIONS
427. NOTICE OF TEMPORARY LEGISLATION
428. NOTICE OF CEREMONIAL RESOLUTIONS
429. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION
D. LEGISLATIVE RECORDS
441. RESPONSIBILITY FOR RECORDS
442. FORM FOR INTRODUCTIONS
443. REPORTS ON LEGISLATION
444. IDENTIFICATION OF COUNCIL DOCUMENTS
445. LEGISLATIVE FILES
446. OTHER OFFICIAL RECORDS
447. RECORDS OF LEGISLATIVE MEETINGS
448. PUBLIC ACCESS TO RECORDS
449. EFFECT OF END OF COUNCIL PERIOD
450. TRANSMISSION OF ACTS
451. COMMITTEE RECORDS
ARTICLE V — HEARING PROCEDURES
A. PROCEDURES FOR HEARINGS
501. AUTHORITY TO CALL HEARINGS
502. QUORUM
503. PARTICIPATION BY MEMBERS
504. OPEN TO PUBLIC
505. EXTENSION OF REMARKS
506. RECESS
B. RECEIVING TESTIMONY
511. QUESTIONING WITNESSES
512. DECORUM OF WITNESSES
C. RIGHTS OF WITNESSES
521. RIGHT TO COUNSEL
522. RIGHT TO MAKE OPENING STATEMENT
ARTICLE VI — INVESTIGATIONS AND SUBPOENAS
A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS
601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN
INVESTIGATION
602. NOTICE OF INVESTIGATION
603. REPORT OF INVESTIGATION
604. TESTIMONY UNDER OATH
605. ISSUING THE OATH
606. DEPOSITIONS
B. SUBPOENAS
611. ISSUANCE OF SUBPOENAS
612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA
613. SERVICE OF SUBPOENAS
614. ENFORCEMENT OF SUBPOENAS
C. RIGHTS OF WITNESSES
621. RIGHT TO ASSERT PRIVILEGES
622. NOTIFICATION OF RIGHTS
623. RIGHT TO TRANSCRIPT
624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS
625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS
ARTICLE VII — BUDGET PROCEDURES
A. BUDGET REVIEW PROCEDURES
701. ROLE OF THE COMMITTEE OF THE WHOLE
702. BUDGET REVIEW SCHEDULE
703. ROLE OF COUNCIL COMMITTEES
704. COMMITTEE OF THE WHOLE CONSIDERATION OF BUDGET REQUEST
705. COUNCIL CONSIDERATION OF THE BUDGET REQUEST
706. CONSIDERATION OF GROSS PLANNING BUDGET RESOLUTIONS
707. CONSIDERATION OF CONTROL BUDGET ACTS
B. REPROGRAMMING POLICY ACT PROCEDURES
711. EFFECT OF RECESS ON PROCEDURES
712. COMMITTEE REFERRAL OF REQUESTS
713. CIRCULATION OF REQUESTS
714. PUBLICATION OF NOTICE
715. WITHDRAWAL OF REPROGRAMMING REQUESTS
716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS
717. AUTOMATIC APPROVAL OF REQUESTS
718. TRANSMITTAL TO MAYOR
721. APPLICABILITY OF PROCEDURES
722. EFFECT OF RECESS ON FUNDS CONTROL ACT PROCEDURES
723. COMMITTEE REFERRAL OF REQUESTS
724. CIRCULATION OF REQUESTS
725. REQUIREMENTS FOR DISAPPROVA
726. AUTOMATIC APPROVAL OF REQUESTS
727. TRANSMITTAL TO MAYOR
ARTICLE VIII — OFFICIAL MAIL
801. DEFINITIONS
802. CONTENT OF OFFICIAL MAIL
803. PERMITTED CATEGORIES OF OFFICIAL MAIL
804. MARKING REQUIREMENTS FOR ENVELOPES
805. PROHIBITIONS AND FORMAT OF NEWSLETTERS
806. AUTHORIZED USES OF OFFICIAL MAIL
807. PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS
808. SIZE AND PRINT TYPES FOR NAMES
809. USE OF OFFICIAL MAIL BY OFFICIALS-ELECT
810. GENERAL COUNSEL REVIEW
811. APPLICATION
ARTICLE IX — AUDITOR
901. SELECTION
902. TERM AND COMPENSATION
903. VACANCY
904. STAFF
905. REPORTS AVAILABLE TO THE PUBLIC
ARTICLE X — CONSTRUCTION, SUSPENSION AND AMENDMENT OF RULES
1001. PARLIAMENTARY AUTHORITY
1002. GENDER RULE OF CONSTRUCTION
1003. SUSPENSION OF RULES
1004. AMENDMENT OF RULES
1005. EFFECTIVE PERIOD
ARTICLE I — DEFINITIONS.
101. DEFINITIONS.
For the purposes of these Rules, the term:
(1) "Agency" means any of the organizational units of the District of
Columbia including, but not limited to, departments, boards, divisions, commissions, and
offices, whether subordinate to or independent of the Mayor; except that
"agency" shall not include the Council or the District of Columbia courts.
(2) "Auditor" means the Auditor of the District of Columbia as established by
section 455 of the Charter (D.C. Code § 47-117).
(3) "Bill" means a proposed act of the Council.
(4) "Borrowing request" means a borrowing request submitted by the Mayor to
the Council pursuant to section 10 of the Funds Control Act (D.C. Code § 47-309).
(5) "Budget" or "budget request" means the entire request for
appropriations and loans or spending authority for all activities of all agencies, the
Council and the District of Columbia courts, financed from all existing or proposed
resources including both operating and capital expenditures.
(6) "Budget of the Council" means the entire request for appropriations by
the Council.
(7) "Budget structure resolution" means a resolution submitted by the Mayor
to the Council pursuant to section 9 of the Funds Control Act (D.C. Code § 47-308).
(8) "Ceremonial resolution" means an expression of appreciation, an
honorarium of limited application, or a declaration of no legal effect, which is adopted
without objection.
(9) "Chairman" means the Chairman of the Council of the District of Columbia,
as established by section 401 of the Charter (D.C. Code § 1-221).
(10) "Charter" means title IV of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 774; D.C. Code § 1-221 et seq.).
(11) "Comprehensive Plan" means the comprehensive plan for the National
Capital, including any elements of the plan, as provided in section 423 of the Charter
(D.C. Code § 1-244). (12) "Control budget act" means an act submitted for
consideration by the Council pursuant to section 8 of the Funds Control Act (D.C. Code §
47-307) to establish a control budget for the District of Columbia government or to
establish as part of a control budget grants awarded during the fiscal year.
(13) "Council" means the Council of the District of Columbia established by
section 401 of the Charter (D.C. Code § 1-221).
(14) "Council fiscal impact statement" means an analysis of the fiscal
ramifications of the legislation to the Budget and Financial Plan of the District of
Columbia, in accordance with requirements stipulated by the Council Budget Director, which
is certified by the Budget Director, appointed pursuant to Rule 264.
(15) "Council Period" means the legislative session of the Council beginning
at noon on January 2nd of each odd-numbered year and ending at noon on January 2nd of the
following odd-numbered year.
(16) "Engrossing" or "engrossment" means the process by which there
is finally prepared the text of a bill that has passed any reading prior to final reading.
(17) "Enrolling" or "enrollment" means the process by which there
is finally prepared the text of a measure that has passed final reading.
(18) "Executive Branch" means the Office of the Mayor and any office,
department, division, board, commission, or agency under the administrative authority of
the Mayor.
(19) "Funds Control Act" means the District of Columbia Funds Control Act of
1980, effective September 26, 1980 (D.C. Law 3-104; D.C. Code § 47-381 et seq.).
(20) "Grant application" means any grant application required to be submitted
by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C. Code §
47-385).
(21) "Gross planning budget resolution" means the gross planning budget
resolution submitted by the Mayor for approval by the Council pursuant to section 7 of the
Funds Control Act (D.C. Code § 47-306).
(22) "Legal holiday" means a legal public holiday of the District of Columbia
or the United States as set forth in D.C. Code § 28-2701.
(23) "Mayor" means the Mayor of the District of Columbia as established by
section 421 of the Charter (D.C. Code § 1-241).
(24) "Measure" means a proposed act, resolution, or amendment to a proposed
act or resolution, a motion pending before the Council or before a committee of the
Council, a proposed reorganization plan, reprogramming request, non-offsetting budget
modification request, grant application, proposed state plan, or proposed municipal
regulation transmitted by law to the Council for its approval.
(25) "Meeting" means the formal convening of a committee or the Council,
other than solely for the purpose of receiving testimony, held at a designated time and
place for the purpose of transacting public business, including official action of any
kind.
(26) "Member" means a member of the Council established by section 401 of the
Charter and includes the Chairman, unless the context clearly indicates otherwise.
(27) "Normal business hours" means 9:00 a.m. through 5:30 p.m., Monday
through Friday, except legal holidays.
(28) "Official action" has the same meaning as in section 742 of the District
of Columbia Home Rule Act , approved December 24, 1973 (87 Stat. 774; D.C. Code §
1-1504).
(29) "Person" means an individual, partnership, association, corporation, or
any other organization.
(30) "Recess of the Council" means periods of time during which regularly
scheduled meetings of the Council are not held; i.e., the month of August through
September 15th, the 9-day period beginning on the Friday immediately preceding Easter, the
17-day period beginning on July 15th of each year, and the 9-day period ending on December
31st of each year.
(31) "Remuneration" means the rate or level of compensation to be paid an
employee for the performance of his or her duties up to and including, but no more than,
the maximum authorized and appropriated by law.
(32) "Reprogramming Policy Act" means the Reprogramming Policy Act of 1980,
effective September 16, 1980 (D.C. Law 3-100; D.C. Code § 47-361 et seq.).
(33) "Reprogramming request" means any reprogramming request or budget
modification submitted to the Council pursuant to sections 4 and 5, respectively, of the
Reprogramming Policy Act (D.C. Code §§ 47-363 and 364).
(34) "Resolution" means an expression of a simple determination, decision, or
direction of the Council of a special or temporary character and includes actions of the
Council concerning its internal management and conduct.
(35) "Short title" means the term by which an act or resolution may be cited.
(36) "State plan approval request" means a request to approve a state plan
submitted by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C.
Code § 47-385).
(37) "Subpoena" means subpoena ad testificandum or subpoena duces tecum, or
both. (38) "Transcription" means a verbatim recordation, including a tape
recording.
ARTICLE II — ORGANIZATION.
201. OATH OF OFFICE.
(a) On January 2nd of each odd-numbered year, members of the Council whose terms begin
at that time shall take and subscribe an oath or affirmation to support the Constitution
of the United States and faithfully to discharge the office of member of the Council. The
oath of office to the Councilmembers shall be administered by a legally authorized person
of the member’s choice. The Secretary to the Council shall supply printed copies of the
oath, which shall be subscribed by the members and returned to the Secretary and recorded
in the Council records as conclusive proof of the fact that the signer took the oath in
accordance with law.
(b) A member of the Council whose term of office does not begin at the beginning of a
Council Period shall take and subscribe an oath or affirmation described above as soon as
practicable after he or she has been duly certified as having been elected or selected for
the position.
202. CONFLICT OF INTEREST.
Any member who, in the discharge of his or her official duties on the Council, would be
required to take an action or make a decision that would affect directly or indirectly his
or her financial interest, as defined by section 601(b) of the District of Columbia
Campaign Finance Reform and Conflict of Interest Act, approved August 14, 1974 (88 Stat.
467; D.C. Code § 1-1461(b)), or those of a member of his or her household or a business
with which he or she is associated, or must take an official action on a matter as to
which he or she has a conflict situation created by a personal, family, or client
interest, shall disclose this information in writing to the Chairman, or shall submit a
statement for the record at the appropriate committee or Council meeting. The Chairman
shall excuse the member from votes, deliberations, and other action on the matter, if the
member requests to be excused. If a member discloses a potential conflict of interest
which the member determines does not prohibit him or her from taking official action
pursuant to D.C. Code § 1-1461(b), the member may participate in the votes, deliberations
and other actions on the matter; however, this disclosure shall be made whenever the
member participates in any deliberations or other actions on the matter. If the member’s
participation would be prohibited by D.C. Code § 1-1461(b), the member shall not
participate in any vote, deliberation or other action on the matter. If the participation
by a chairperson of a committee in the votes, deliberations or other action on a measure
assigned to the chairperson’s committee would be prohibited by D.C. Code § 1-1461(b), the
chairperson shall return the measure to the Chairman for reassignment. Any information
disclosed under this section shall be included in the written record of the proceedings.
A. EXECUTIVE OFFICERS OF THE COUNCIL.
211. CHAIRMAN.
The Chairman shall be the presiding and chief executive officer of the Council.
212. CHAIRMAN PRO TEMPORE.
In each Council period, the Chairman shall nominate one member as Chairman Pro Tempore
who will act in the place of the Chairman when the Chairman is absent or recuse himself or
herself. The Council shall act on the Chairman’s nomination by resolution.
213. VACANCY IN OFFICE OF CHAIRMAN.
Whenever a vacancy occurs in the Office of the Chairman or the Chairman is serving as
Acting Mayor, the Chairman Pro Tempore selected pursuant to section 212 shall convene the
Council. The Council, by resolution, shall elect one of its at-large members as Acting
Chairman and another at-large member as Acting Chairman Pro Tempore until the vacancy in
the Office of Chairman is filled or until the return of the regularly-elected Chairman.
B. COMMITTEE MEMBERSHIP.
221. SELECTION.
At or near the beginning of a new Council Period, the Chairman shall nominate the
chairperson and members of each committee of the Council. The Council shall by resolution
act on the Chairman’s nominations.
222. CHAIRMAN AS EX-OFFICIO MEMBER.
The Chairman shall be an ex-officio, voting member of all committees and may be counted
for purposes of a quorum, but shall not increase the quorum requirement for the committee.
223. VACANCIES.
A vacancy in the membership or chair of a committee shall be filled by appointment by
the Chairman, with the approval of the Council by resolution.
224. DISTRIBUTION OF RESPONSIBILITY.
The Chairman and Council shall endeavor to distribute committee responsibility as
evenly as possible among the members and in no event shall an individual member chair more
than 1 standing committee. The principle of seniority shall be respected in the assignment
of committee chairs.
225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS.
(a) Any member of the Council may attend the meeting of any committee and may
participate in committee discussions, but only committee members may make motions and cast
votes.
(b) Any member of the Council may participate fully in the hearings of any committee.
226. RULES OF COMMITTEES.
(a) Each committee shall adopt written rules, not inconsistent with these Rules or
other applicable law, to govern its procedures. The committee rules, effective when filed
in the Secretary’s Office, shall incorporate the following principles:
(1) The scheduling of regular meeting days, which shall not be less frequent than
monthly, for conducting business;
(2) A procedure for rescheduling or cancelling a regular meeting;
(3) A procedure for holding additional meetings to be called by the chairperson;
(4) A procedure for holding special meetings, which shall be called at the request of a
majority of the members of the committee;
(5) Procedures to govern the chair of a committee meeting in the absence of the
chairperson;
(6) Procedures for keeping a complete record of all committee action, which shall
include roll call votes;
(7) Procedures for making available for inspection by the public, at reasonable times
in the office of either the committee or the Secretary to the Council, a description of
each amendment, motion, order, or other proposition on which a roll call was taken, the
name of each member voting for and against the amendment, motion, order, or proposition,
and the names of those members present but not voting;
(8) A procedure for giving notice of hearings consistent with section 422;
(9) Procedures setting a fixed number of members to constitute a quorum for taking
testimony and receiving evidence;
(10) The imposition of a 10 minute rule in the interrogation of a witness before the
committee, until each member of the committee has had an opportunity to question the
witness;
(11) A prohibition against voting upon a measure or recommendation unless a quorum of
the committee is actually present;
(12) A requirement that if, at the time of approval of a measure by a committee, a
member of the committee gives notice of the intention to file supplemental, minority, or
additional views, that member shall be entitled to not less than 5 days, excluding
Saturdays, Sundays, and legal holidays, within which to file the views, which shall be
included in the report of the committee on the measure;
(13) A procedure for amending the committee rules by a vote of a majority of the
committee; and
(14) A requirement that if an amendment is orally moved during a committee meeting, it
shall, upon request by a member, be reduced to writing and read by the Committee Clerk or
other staff of the Committee.
(b) The following provisions of these Rules shall be considered rules of committees:
101 (Definitions); 202 (Conflict of Interest); 304 (Quorum); 305 (Meetings Open to the
Public); 306 (Executive Sessions); 307 (Hearing the Mayor); 321 (Decorum of Members); 322
(Decorum of Members of the Public); 331 (Obtaining the Floor); 332 (Limitations on
Debate); 333 (Personal Privilege); 334 (Points of Order); 335 (Appeal); 336 (Extension of
Remarks); 341 (Motions Recognized During Debate); 342 (Withdrawal or Modification of
Motions); 344 (Amendments to be Written); 351 (Form of Vote); 352 (Voice Votes); 353
(Demand for Roll Call Vote); 356 (Proxy Voting Prohibited); 357 (Reconsideration); 425
(Methods of Notice); 447 (Records of Legislative Meetings); 449 (Effect of End of Council
Period); 1001 (Parliamentary Authority); 1002 (Gender Rule of Construction); and 1003
(Suspension of Rules).
(c) Any provision of these Rules that by its terms specifically applies to a committee
shall be binding on each committee.
(d) When these rules are used as committee rules, and unless the context dictates a
different meaning, the term "Council" means "committee", the term
"member" or "member of the Council" means "member of the
committee", the term "Chairman" means "Chairperson of the
Committee", and the term "Secretary" means "Clerk or other staff of
the committee".
(e) A committee may adopt additional rules. Committee rules adopted under this section
shall be consistent with these Rules and other applicable law, and shall be filed with the
Secretary to the Council.
C. STANDING COMMITTEES.
231. COMMITTEE OF THE WHOLE.
(a) The Committee of the Whole is responsible for matters pertaining to the annual
budget, and amendments, additions, or supplements to the budget; coordinating the
Council’s relationships with the Congress, the Federal executive branch, and the D.C.
Financial Responsibility and Management Assistance Authority; monitoring the progress of
Council legislation through Congressional review; monitoring the status of original
legislative proposals pending in the Congress that may affect the District of Columbia,
the Council, or its legislation; the development of the comprehensive plan and other
matters pertaining to land use; public space naming; federal grants management;
reapportionment and realignment of the political subdivisions of the District of Columbia;
Council administration and personnel; the scheduling of all matters for consideration by
the Council in the legislative meeting; legislative matters related to the District of
Columbia as a political entity, including matters related to Statehood and
self-determination for the District; and other matters assigned to it by these Rules or by
the Chairman.
(b) The Chairman of the Council is the Chairman of the Committee of the Whole and its
members include all members of the Council. The Committee of the Whole shall meet on the
third Tuesday of each month, except during periods of Council recess, in a work session to
consider measures which have been reported and timely filed by committees pursuant to
subsection (c) of this section, and for the introduction and referral of legislation. The
Chairman shall prepare the agenda for each meeting of the Committee of the Whole. The
Chairman may not withhold a measure duly reported and timely filed by another committee
from the Committee of the Whole agenda unless the Committee of the Whole votes to table
the measure.
(c) Except as provided in section 339, each bill and resolution reported by the
committees of the Council identified in sections 232 to 240 shall be referred to the
Committee of the Whole for a review of its legal sufficiency and technical compliance with
the drafting rules of the Council; for ascertaining completion of the record; for a
determination of the sufficiency of the fiscal impact statement required by section
443(c); and for scheduling for the Legislative Session.
(d) The following agencies shall come within the purview of the Committee of the Whole:
District of Columbia Auditor
Council of the District of Columbia
Office of Budget and Planning
Board of Zoning Adjustment
Office of Zoning
Office of Planning
Zoning Commission of the District of Columbia
National Capital Planning Commission
District of Columbia Statehood Commission
District of Columbia Statehood Compact Commission
Office of Grants Management
232. COMMITTEE ON CONSUMER AND REGULATORY AFFAIRS.
(a) The Committee on Consumer and Regulatory Affairs is responsible for matters
relating to government regulation of commercial, non-health occupations and professions,
real estate, and housing activities, including maintenance of housing stock, and housing
inspectors; consumer affairs; banking activities that relate to consumer affairs, and
environmental health, environmental matters related to consumer and regulatory affairs.
(b) The following agencies come within the purview of the Committee on Consumer and
Regulatory Affairs:
Department of Consumer and Regulatory Affairs
District of Columbia Boxing and Wrestling Commission
Board of Consumer Claims Arbitration for the District of Columbia
Rental Housing Commission
Professional licensing boards not specifically assigned to other committees
Educational Institution Licensure Commission
Public Service Commission of the District of Columbia
Office of the People’s Counsel D.C. Housing Authority
Environmental Health Administration
233. COMMITTEE ON ECONOMIC DEVELOPMENT.
(a) The Committee on Economic Development is responsible for matters related to
economic, industrial and commercial development; tourism, cultural affairs; international
business and affairs; cable television; industrial revenue bonds; the regulation of banks,
and matters related to the development of housing stock.
(b) The following agencies come within the purview of the Committee on Economic
Development:
District of Columbia Chamber of Commerce
Office of Business and Economic Development or any successor agency or successor component
of that agency
District of Columbia Economic Development Finance Corporation
District of Columbia Redevelopment Land Agency
Washington Convention Center Authority
Office of Tourism
Deputy Mayor for Economic Development
D.C. Committee to Promote Washington
Washington Convention and Visitors Association
Office on Banking and Financial Institutions
Office of Cable Television and Telecommunications
Public Access Corporation
District of Columbia Housing Finance Agency
Department of Housing and Community Development or any successor agency or successor
component of that agency Local Business Opportunity Commission
Local Business Development Administration of the Department of Human Rights and Local
Business Development
Sports and Entertainment Commission
Housing Production Trust Fund Board
National Capital Revitalization Corporation
Commission on Arts and the Humanities
234. COMMITTEE ON EDUCATION, LIBRARIES, AND RECREATION.
(a) The Committee on Education, Libraries, and Recreation shall be responsible for all
matters related to public education, libraries, and recreation.
(b) The following agencies come within the purview of the Committee on Education,
Libraries, and Recreation:
District of Columbia Public Schools
University of the District of Columbia
Education in Partnership with Technology Corporation
District of Columbia Public Library
Department of Recreation
235. COMMITTEE ON FINANCE AND REVENUE.
(a) The Committee on Finance and Revenue is responsible for matters relating to
taxation and revenue for the operation of the government of the District of Columbia;
insurance, general obligation bond acts, and revenue anticipation notes.
(b) The following agencies shall come within the purview of the Committee on Finance
and Revenue:
Office of Finance and Treasury
Board of Real Property Assessments and Appeals
Multistate Tax Commission
District of Columbia Lottery and Charitable Games Control Board
Office of Financial Management
Office of Tax and Revenue
Department of Insurance and Securities Regulation
Office of Financial Operations
Office of the Chief Financial Officer
236. COMMITTEE ON GOVERNMENT OPERATIONS.
(a) The Committee on Government Operations is responsible for matters related to
elections, general services, personnel, including human rights; employment and manpower
development, and general administration of the government of the District of Columbia.
(b) The following agencies come within the purview of the Committee on Government
Operations:
Office of the Mayor
Office of Press Secretary
Office of Personnel
District of Columbia Retirement Board
Office of the City Administrator
Office of Employee Appeals
District of Columbia Board of Elections and Ethics
Office of Intergovernmental Relations
Office of the Inspector General
Contract Appeals Board
Department of Employment Services
Apprenticeship Council
Office of Labor Relations and Collective Bargaining
Secretary to the District of Columbia
Commission on Human Rights
Department of Human Rights component of the Department of Human Rights and Minority
Business Development
Commission for Women
Commission for Men
Office of Latino Affairs
Commission on Latino Community Development
Public Employees Relations Board
Office of Property Management
Office of the Chief Technology Officer
Office of the Chief Procurement Officer
237. COMMITTEE ON HUMAN SERVICES.
(a) The Committee on Human Services is responsible for matters concerning welfare;
social services; health; the regulation of health occupations and professions; youth
affairs (other than corrections), health care inspectors; concerns of the aging, and
energy.
(b) The following agencies come within the purview of the Committee on Human Services:
Commission on Aging
Department of Human Services
Office on Aging
Office of Energy
Citizens Energy Advisory Committee
Public Benefits Corporation
Department of Public Health
Board of Medicine
238. COMMITTEE ON THE JUDICIARY.
(a) The Committee on the Judiciary shall be responsible for matters affecting the
judiciary and judicial procedure which are within the authority of the Council; matters
affecting decedents’ estates and fiduciary affairs; matters affecting administrative law
and procedure; matters affecting criminal law and procedure; matters arising from or
pertaining to the police and fire regulations of the District of Columbia; and other
matters related to police protection, correctional institutions (including youth
corrections), fire prevention, and civil defense.
(b) The following agencies come within the purview of the Committee on the Judiciary:
Metropolitan Police Department
Fire Department
District of Columbia Emergency Management Agency
National Guard
Board of Parole
District of Columbia Judicial Nomination Commission
Commission on Judicial Disabilities and Tenure
Office of the Corporation Counsel
Public Defender Service
239. COMMITTEE ON LOCAL AND REGIONAL AFFAIRS.
(a) The Committee on Local and Regional Affairs is responsible for coordinating the
Council’s relationships with appropriate regional, state, and national associations and
organizations; the Council’s relationship with regional authorities and regional public
transportation issues, and other regional bodies and organizations not specifically
assigned to other committees; and matters regarding Advisory Neighborhood Commissions.
(b) The following agencies shall come under the purview of the Committee on Local and
Regional Affairs:
Metropolitan Washington Council of Governments
Washington Metropolitan Area Transit Authority
Washington Metropolitan Area Transit Commission
Metropolitan Washington Airports Authority
Advisory Neighborhood Commissions
240. COMMITTEE ON PUBLIC WORKS AND THE ENVIRONMENT.
(a) The Committee on Public Works and the Environment is responsible for matters
relating to environmental management and maintenance, public space, highways, bridges,
traffic, regulation of vehicles, the regulation of taxicabs, maintenance of public spaces,
maintenance of public buildings, recycling, waste management, water supply, air and water
quality, and wastewater treatment.
(b) The following agencies come within the purview of the Committee on Public Works and
the Environment:
Department of Public Works
Washington Aqueduct
District of Columbia Bicycle Advisory Council
Litter and Solid Waste Reduction Commission
District of Columbia Taxicab Commission
Soil and Water Conservation District
Water and Sewer Authority
Department of Motor Vehicles
D. SPECIAL COMMITTEES.
251. CREATION OF SPECIAL COMMITTEES.
Special committees to consider investigations, ethics, and other matters may be created
by resolution, approved by 2/3rds of the members of the Council. The resolution shall set
forth the jurisdiction, size, duration, and date for final action of the special
committee.
252. USE OF SUBPOENAS BY SPECIAL COMMITTEE.
A special committee may use subpoenas to obtain testimony or documents only if the
resolution creating the special committee authorizes the issuance of subpoenas. Subpoenas
issued by special committees shall comply with the requirements of Article VI of these
Rules.
E. APPOINTED OFFICERS OF THE COUNCIL.
261. APPOINTMENT OF OFFICERS.
The appointed officers of the Council are the Secretary, General Counsel, and the
Budget Director. The assignment, removal, and remuneration of these officers shall be
recommended by the Chairman, and approved by vote of the majority of the Council.
262. SECRETARY.
The Secretary is the chief administrative officer of the Council and is responsible for
maintaining records of Council actions including the filing of bills and proposed
resolutions, amendments to bills and resolutions, requests for hearings, committee
reports, and other records and reports assigned by these Rules, the Council, or the
Chairman, and for proposing and administering the fiscal year budget of the Council.
263. GENERAL COUNSEL.
The General Counsel is responsible for advising the Council on matters of parliamentary
procedure, identifying legislative problems, providing members with alternatives in terms
of policy options to solve those problems, representing the Council in any legal action to
which it is a party, supervising the publication of the District of Columbia Code,
providing legislative drafting assistance to all members, engrossing and enrolling
measures, and making necessary technical and conforming changes in measures during
enrollment.
264. BUDGET DIRECTOR.
The Budget Director is responsible for advising members of the Council on matters
related to the budget including the development of annual and multiyear budgets and
financial plans, review of contracts, and analysis of the fiscal impact of legislation.
The budget staff shall also serve as a resource for all Council committees and members.
F. COUNCIL PERSONNEL AND APPOINTMENTS.
271. SUBORDINATE STAFF OF APPOINTED OFFICERS.
The appointed officers may assign, remove, and determine the remuneration for their
respective professional and clerical staffs, subject to appropriations and positions
allocated by the Council.
272. COMMITTEE STAFF.
(a) The chairperson of each committee shall assign, remove, and determine the
remuneration for the staff of the committee, subject to appropriations and positions
allocated by the Council.
(b) The chairperson of each committee shall notify the members of the committee of such
action within 3 working days.
273. MEMBERS’ PERSONAL STAFF.
Each member may assign, remove, and determine the remuneration for his or her personal
staff, subject to appropriations and positions allocated by the Council.
274. COUNCIL APPOINTMENT TO OTHER BODIES.
Where the law provides for the Council to appoint a person to another body, the
Chairman shall nominate the person and the Council shall act on the nomination by
resolution. A representative appointed by the Chairman or Council shall report to the
Council on a periodic basis. The Council may, by resolution, instruct its representative
as to the position to take on a particular matter.
275. APPOINTMENT BY COMMITTEES AND MEMBERS.
(a) Where the law provides for a committee to appoint or approve the appointment of a
person to a board or commission, the committee shall act on the appointment by committee
resolution filed with the Secretary.
(b) Where the law provides for a member to appoint a person to a board or commission,
the member shall make the appointment by memoranda filed with the Secretary, which states:
(1) The legal capacity in which the member is acting, e.g., as a member of the Council
or as chair or a member of a particular committee;
(2) The date of appointment;
(3) The official name of the board or commission to which the person is being
appointed;
(4) The name, complete mailing address, and ward designation of the person appointed;
(5) The law under which the appointment is being made; and
(6) The term of the appointment.
276. RESIDENCY REQUIREMENT FOR APPOINTMENTS.
After January 1, 1987, each member of a District of Columbia board or commission who is
not serving as a member of that board or commission as of January 1, 1987, and who is
appointed under section 274 or 275, shall be a resident of the District of Columbia at the
time of appointment, unless the law or executive order that established the board or
commission specifically authorizes the appointment of a nonresident as a member of the
board or commission.
ARTICLE III — PROCEDURES FOR MEETINGS.
A. LEGISLATIVE MEETINGS.
301. ORGANIZATIONAL MEETING.
On the first day of each Council Period that is not a Saturday, Sunday, or legal
holiday, the Council shall convene an organizational meeting for the purpose of
considering the adoption of Rules of Organization and Procedure, selecting a Chairman Pro
Tempore pursuant to section 212, appointment of committee chairs and memberships,
appointment of members to regional bodies, and appointment of Council officers. If a
quorum is not present, the Chairman shall convene an organizational meeting as soon as
feasible.
302. REGULAR MEETINGS.
(a) The Council shall hold a regular legislative meeting on the first Tuesday of every
month except during a period of recess of the Council. When the day for a regularly
scheduled legislative meeting falls on a day designated by law as a legal holiday, the
meeting shall be held at the same time on the next succeeding day not a holiday. Regularly
scheduled legislative meetings shall be held at 10:00 a.m. The Chairman may designate
another hour for a meeting at the next legislative meeting or meeting of the Committee of
the Whole or by written notice to each member and the Secretary to the Council at least 24
hours before the regularly scheduled hour.
(b) All regular meetings of the Council shall be held in the Council Chamber, Room 500
of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., or unless another place is
designated by a majority of the Council either in a legislative meeting or in writing
circulated to all members and the Secretary to the Council not less than 24 hours prior to
the scheduled meeting. During the period the John A. Wilson Building is being renovated,
all regularly scheduled meetings shall be held in the Council’s temporary chambers.
(c) If a majority of the Council is present at a regular meeting, the Chairman may
recess that meeting to another time, day, or place, or may reschedule a future regular
meeting to another time, day, or place.
(d) The Chairman may cancel a future regularly scheduled meeting. The Secretary shall
notify each member of a meeting cancellation.
303. ADDITIONAL AND SPECIAL MEETINGS.
(a) The Chairman may call additional meetings of the Council.
(b) Any 2 members may request that the Chairman call a special meeting of the Council.
The request must be in writing and filed in the Office of the Secretary. Immediately upon
the filing of the request, the Secretary shall notify the Chairman and other members of
the filing of the request. If, within 24 hours after the request is filed, the Chairman
does not call the requested special meeting, to be held within 72 hours after the request
is filed, a majority of the members of the Council may file in the office of the Secretary
their written notice that a special meeting of the Council will be held, specifying the
date, hour, place, and agenda of the special meeting. The Council shall meet at that date
and hour. Immediately upon the filing of the notice, the Secretary shall notify all
members of the Council as provided in subsection (c) of this section.
(c) Whenever an additional or special meeting is called, the Secretary shall notify
each member in writing not less than 24 hours prior to the additional or special meeting.
The notice shall state the date, hour, place, and agenda of the meeting and may state
whether items are to be considered on a consent or non-consent agenda. No matter shall be
considered at an additional or special meeting except those stated in the request and
notification. An additional or special meeting to consider an emergency matter may be
called upon shorter notice, if a majority of the members agree in writing to the shorter
notice.
304. QUORUM.
A majority of the members constitutes a quorum for the lawful convening of a Council
meeting and for the transaction of business, except that a lesser number may hold
hearings. A meeting shall not begin until a quorum is ascertained by the Chairman. After a
quorum has been ascertained, the meeting shall proceed, unless a member raises the absence
of a quorum, whereupon the Chairman shall direct the calling of the roll and shall
announce the result. These proceedings shall be without debate, and until a quorum is
present, no debate or motion shall be in order except to recess for 20 minutes to find
absent members. After the recess, the roll shall be called again. If a quorum is present,
the meeting shall proceed; if a quorum is not present, the meeting shall be adjourned.
305. MEETINGS OPEN TO THE PUBLIC.
All meetings of the Council at which official action is taken shall be open to the
public. No resolution, rule, act, or other official action shall be effective unless
taken, made, or enacted at an open meeting.
306. EXECUTIVE MEETINGS.
Upon the affirmative vote of a majority of the members present and voting at a public
meeting, the Council may conduct a meeting in an executive session to the extent permitted
by section 305.
307. HEARING THE MAYOR.
The Mayor has the right to be heard by the Council upon request and at reasonable times
set by the Council.
308. RECESS.
(a) Except as set forth in subsection (b) of this section, no bill or resolution, other
than an emergency bill or emergency resolution to be considered at a special or additional
meeting called pursuant to these Rules, may be introduced during a recess of the Council.
No committee may take official action during a recess of the Council, except that, when
specifically authorized to do so by a vote of a majority of the Council, a committee may
hold a public hearing or roundtable. A notice of future committee action may be filed
during a recess of the Council.
(b)(1) A proposed contract in excess of $1 million during a 12-month period or a
multiyear contract for goods or services that is required to be submitted to the Council
pursuant to section 451 of the District Charter may be transmitted to the Office of the
Secretary for the Council during the 30-day period prior to the end of the summer recess
of the Council, a committee may hold a public hearing and take official action on the
proposed contract in excess of $1 million or multiyear contract during this period, and a
member of the Council may introduce a resolution approving or disapproving a contract in
excess of $1 million or a multiyear contract during this recess period.
(2) A proposed federal-aid highway contract in excess of $1 million during a 12- month
period that is required to be submitted to the Council for its review pursuant to the
District Charter may be transmitted to the Office of the Secretary to the Council during a
recess of the Council, a committee may hold a public hearing and take official action on
the proposed federal- aid highway contract during the recess, and a member of the Council
may introduce a resolution approving or disapproving the proposed federal-aid highway
contract during the recess and during the 10-day period following submission of the
proposed federal-aid highway contract to the Council.
309. COUNCIL REVIEW OF CONTRACTS.
(a) Notwithstanding section 402(b) of these Rules, the time period for Council review
of a proposed contract in excess of $1 million during a 12-month period or a multiyear
contract that is required to be submitted to the Council pursuant to the District Charter
shall begin on the first day (excluding Saturdays, Sundays, and holidays) following its
receipt by the Office of the Secretary to the Council. The Secretary to the Council shall
ensure that a copy of the proposed contract is designated as urgent and circulated to the
office of each member of the Council within 24 hours (excluding Saturdays, Sundays, and
holidays) following its receipt by the Office of the Secretary to the Council.
(b) The submission of an annual capital program of federal-aid highway projects to the
Council for review and approval and approval of the annual program is deemed as approval
of the individual contracts that make up the annual program.
B. ORDER OF BUSINESS FOR MEETINGS.
311. ORDER OF BUSINESS FOR REGULAR MEETINGS.
Subject to section 313, the Council shall take up business in the following order
unless a different order has been set for a particular meeting by action of the Committee
of the Whole:
(1) Call to order at the time and place set forth pursuant to section 302;
(2) Moment of silence;
(3) Determination by the Chairman of the presence of a quorum;
(4) Presentation of ceremonial resolutions;
(5) Secretary’s report on the filing of reports by committees, unless the formal
reading of the report is waived by unanimous consent;
(6) Secretary’s report of the introduction of new bills and proposed resolutions filed
with that office, and the introduction by members of new bills and proposed resolutions by
reading the short title, unless the formal reading of the report is waived by unanimous
consent pursuant to section 405(c);
(7) Approval of the consent agenda without objection by a member;
(8) Reading by short title and votes on proposed ceremonial resolutions;
(9) Final reading by short title of and final vote on bills that have been pending at
least 13 days since they were previously read;
(10) Reading by titles of reported and discharged bills with a limitation on debate as
provided in section 332;
(11) Reading by short title of and vote on proposed resolutions except as provided in
paragraph (8) of this section;
(12) Reading by short title of and vote on resolutions declaring the existence of
emergencies and accompanying emergency bills;
(13) Reading by short title of and vote on temporary legislation;
(14) Official communications received from the Mayor or an agency; and
(15) Other business.
312. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS.
The Council shall take up business in the following order at an additional or special
meeting:
(1) The Council shall be called to order at the time and place set forth in the notice
of the meeting.
(2) The Chairman shall ascertain the presence of a quorum.
(3) If a quorum is present, the Council shall take up business in the order set forth
in the meeting notice.
313. PROCEEDING OUT OF ORDER.
The Chairman, without objection, or upon the vote of a majority of the members present
and voting, may take up any item of business out of order.
C. RULES OF DECORUM.
321. DECORUM OF MEMBERS.
(a) Members shall not engage in private discourse or commit any other act tending to
distract the attention of the Council from the business before it.
(b) In debate a member must confine remarks to the question at hand, and avoid
personalities.
(c) A member in referring to another member should avoid using the member’s name,
rather identifying that member by ward or at-large status, as the member who last spoke or
by describing the member in some other manner.
(d) It is not the person but the measure that is the subject of debate, and it is not
allowable to question or impugn the motives of a member, but the nature or consequences of
a measure may be condemned in strong terms.
322. DECORUM OF MEMBERS OF THE PUBLIC.
(a) The Chairman shall maintain order in the Council Chamber. If the Chairman
determines that the removal of a person other than a member is necessary to maintain
order, after warning the person, the Chairman may order the removal of the disorderly
person.
(b) Unless permitted by the Chairman, no member of the public may enter the area
designated as the well or the dais of the Council Chamber during an official meeting of
the body.
(c)(1) No signs, placards, posters or attention devices of any kind or nature shall be
carried or placed within the Council hearing or meeting rooms or Council Chamber. No
demonstrations are permitted in the Council Chamber or any area in which a Council
proceeding or a public hearing is being conducted.
(2) This prohibition shall not apply to armbands, emblems, badges or other articles
worn on the personal clothing of individuals; provided, that such armbands, badges or
emblems are of such a size and nature as not to interfere with the vision or hearing of
other persons at a meeting nor extend from the body as may cause injury to another.
(3) Any person who shall violate the provisions of this subsection, relating to signs,
or who shall willfully interrupt or disturb Council proceedings, after warning to desist,
may be removed from the premises.
(4) Models, photographs, maps, charts, drawings, and other such demonstrative materials
intended for use in a presentation by a specific person in testimony before the Council
shall be permitted.
(d) No person, except a member of the Council or Council staff, shall be allowed in the
anterooms of the Council Chamber, during the course of any hearing or other proceeding of
the Council or any committee of the Council, except upon invitation of the Chairman of the
Council or the chairman of the committee holding the public hearing.
D. RULES OF DEBATE.
331. OBTAINING THE FLOOR.
A member who wishes to speak, give notice, make a motion, submit a report, or for any
other purpose, shall address and be recognized by the Chairman before addressing the
Council.
332. LIMITATIONS ON DEBATE.
(a) No member may be recognized more than one time to debate or make a motion relating
to a pending matter until all members who wish to speak have been recognized.
(b) A member may speak no more than 10 minutes during the first round of debate on a
pending matter, and no more than 5 minutes on a subsequent round.
(c) Debate may be limited by a motion to move the previous question approved by a
majority of the members present and voting.
(d) Following approval of a motion to move the previous question, each member shall be
entitled to not more than 3 minutes to debate the pending question and the bill or
resolution cannot be further amended absent a motion to reconsider the motion to move the
previous question.
(e) Debate on a pending matter may be closed and the matter put to an immediate vote by
a motion to close debate approved by 2/3rds of the members present and voting. A motion to
close debate shall not be in order unless all members desiring to be heard have had at
least one opportunity to speak on the pending matter.
(f) A member may yield all or part of his or her time provided by this section to
another member.
(g) A motion to move the previous question or to close debate shall be in order only
when a member has been recognized for the purpose of making such a motion.
(h) Motions to move the previous question or to close debate shall not be debatable.
333. PERSONAL PRIVILEGE.
Any member, as a matter of personal privilege, may speak for a period of not longer
than 10 minutes concerning matters which may affect the Council collectively, its rights,
its dignity or the integrity of its proceedings, or the rights, reputation, or conduct of
its individual members in their representative capacities only.
334. POINTS OF ORDER.
Points of order are debatable only at the discretion of the Chairman. If the Chairman
permits debate, he or she has authority to limit it.
335. APPEAL.
An appeal may be taken from any decision of the Chairman. A member must state his or
her reasons for appealing a decision, to which the Chairman may respond. Appeals must be
acted upon immediately. An affirmative vote of 1/2 of the members present and voting is
required to sustain the Chairman.
336. EXTENSION OF REMARKS.
(a) A member, with the unanimous consent of the members present at any meeting, may
revise and extend his or her remarks made at a meeting. No member may make an extension or
revision of remarks which would cause another member’s comments to be taken out of
context. The official transcript of a meeting shall be annotated to indicate the extension
or revision of remarks. (b) Extensions of remarks must be filed with the Secretary within
2 days after the first transcript of the remarks have been received in the member’s
office. Saturdays, Sundays, and legal holidays shall not be included in computing time
under this section.
337. RECOGNITION OF NON-MEMBERS.
The Chairman may recognize a member of the public or an employee of the District of
Columbia government if the participation of the person would, in the judgment of the
Chairman, enhance the understanding of the matter under consideration by the Council.
Recognition of a non-Councilmember during a legislative meeting shall be limited to
situations in which emergency action by the Council is under consideration.
338. PRESENTATION OF CEREMONIAL RESOLUTIONS.
(a) Ceremonial resolutions may be presented from the well of the Council Chamber during
legislative meetings by the member who introduced the resolution, or another member
designated by the member introducing the resolution.
(b) During a Council Period, no Councilmember shall be permitted to present more than a
total of eight ceremonial resolutions at legislative meetings, except that one member may
yield his or her right to present ceremonial resolutions under this section to another
member.
(c) No Councilmember shall be permitted to speak more than 2 minutes on each ceremonial
resolution.
(d) No recipient of a ceremonial resolution shall be permitted to present a display or
performance during a legislative meeting.
(e) No more than 1 recipient for each ceremonial resolution shall be permitted to speak
during a legislative meeting.
339. EXPEDITED OPTIONAL PROCEDURE FOR REPROGRAMMINGS AND REVIEW
RESOLUTIONS.
(a) This section shall apply to a resolution regarding a reprogramming request, and
regulations and other actions that are:
(1) Proposed for promulgation or adoption by an entity other than the Council;
(2) Required by law to be approved, disapproved, or reviewed by the Council prior to
taking effect; and
(3) Take effect after a set period of time by operation of law.
(b) A resolution covered by this section may, at the option of the committee chair, be
placed on the non-consent agenda of the next legislative meeting following approval by a
committee, without referral to the Committee of the Whole, if the committee report on the
resolution is circulated by the committee chair to all members and the Secretary to the
Council within 24 hours of the committee action and before noon of the day preceding the
legislative meeting. If a reported resolution is considered at a legislative meeting
without prior consideration at a Committee of the Whole meeting under this section, the
legal sufficiency, technical compliance with the drafting rules of the Council, completion
of the record of the reported resolution, and the sufficiency of the fiscal impact
statement, shall be reviewed at the legislative meeting at which it is considered.
(c) When a resolution covered by this section has been reported by the committee to
which it was referred, and is scheduled for review in a work session of the Committee of
the Whole as provided in section 231, the Chairman may convene a legislative meeting, to
immediately follow the Committee of the Whole work session, solely to consider the
resolution. A legislative meeting may be convened under this section by circulating the
reported resolution and a notice, stating the date, hour, place and agenda for the
meeting, at least 24 hours before the meeting. This section only applies where (1) the
period of legislative review will expire before the next regular legislative meeting of
the Council, or (2) it is necessary to approve or disapprove the resolution prior to the
expiration of the review period.
E. MOTIONS.
341. MOTIONS RECOGNIZED DURING DEBATE.
When a question is under debate, the Chairman may entertain only the following motions,
which shall take precedence in the order listed:
(1) To adjourn;
(2) To recess;
(3) To reconsider;
(4) To lay on the table;
(5) To move the previous question;
(6) To close debate;
(7) To postpone to a day certain;
(8) To recommit to committee;
(9) To amend or substitute; or
(10) To postpone indefinitely.
342. WITHDRAWAL OR MODIFICATION OF MOTIONS.
Any motion may be withdrawn or modified by the mover at any time before it has been
amended or voted on.
343. AMENDMENTS TO BE WRITTEN.
(a) Members shall endeavor to file amendments to pending bills and resolutions in
writing in the Office of the Secretary for circulation to members of the Council at least
24 hours preceding the legislative session at which they are to be moved.
(b) Prior to a vote on a measure, oral amendments shall be reduced to writing and read
by the General Counsel.
F. VOTING.
351. FORM OF VOTE.
Voting shall be in the form of "YES", "NO", and
"PRESENT". A vote of "PRESENT" shall be deemed the equivalent of an
abstention or a non-vote.
352. VOICE VOTES.
Except as provided in Rule 353, votes on all questions shall be by voice, with the
results determined by the Chairman. A member’s vote upon any matter shall be recorded upon
request.
353. DEMAND FOR ROLL CALL VOTE.
Any member, in advance of a vote or promptly thereafter, may demand a roll call vote.
354. CALLING THE ROLL.
When a roll call vote is demanded, the Secretary shall call the roll of the members in
rotating alphabetical order so that the member whose name is called first is the same
member whose name was called second on the next previous vote, and so on through the roll,
so that the member whose name is called last is the same member whose name was called
first on the next previous vote.
355. RECORDS OF VOTES.
When a roll call vote is demanded, the Secretary will record the names of those voting
"YES", "NO", or "PRESENT". Members will be recorded as
absent if they are not in the chambers when a vote is taken. Voting records are official
records of the Council.
356. PROXY VOTING PROHIBITED.
No proxy shall be permitted either for the purpose of voting or for the purpose of
obtaining a quorum.
357. RECONSIDERATION.
(a) Any member recorded as having voted with the prevailing side on a question may move
to reconsider the question at any time, except as limited by this section. An act may be
reconsidered before it has been approved, deemed approved, or vetoed by the Mayor. A
resolution may be reconsidered at any time prior to its implementation. A committee may
reconsider its vote to report legislation at any time before the Council votes on the
measure.
(b) For the purpose of this rule, any member who was present and voting on a question
decided by a voice vote will be considered as having voted with the prevailing side on the
question, unless the member had asked to be recorded as voting against the prevailing side
or "PRESENT". (c) A motion to reconsider can not be made by a member who was
absent during a voice or roll call vote on a question.
(d) A motion to reconsider requires the approval of a majority of the members present
and voting.
(e) When a motion to reconsider a vote is defeated, it cannot be repeated.
(f) A motion to reconsider is not required to consider amendments to move, to strike,
or to accept amendments accepted or rejected on a previous reading of a bill.
(g) Votes to approve or amend these Rules may not be reconsidered pursuant to this
section.
358. SUMMONS OF MEMBERS.
Upon the taking of a successful vote on a motion to close to debate , the Chairman may
hold open the calling for the vote for a period of no longer than three minutes. During
that time, all members who are absent from the Council Chamber shall be summoned. At the
direction of the Chairman, the Secretary shall call the names of the members.
ARTICLE IV — LEGISLATION.
A. INTRODUCTION OF LEGISLATION.
401. WHO MAY INTRODUCE.
(a) Only members of the Council may introduce legislation for consideration by the
Council. (b) Any proposed legislation transmitted to the Council by the Mayor or an
independent agency submitted in appropriate form and in compliance with these Rules shall
be introduced by the Chairman, at the request of the Mayor or independent agency. Any bill
or resolution proposed by the Mayor or an independent agency shall be delivered to the
Office of the Chairman before one o’clock P.M. on the regular work day preceding any
meeting of the Council as a prerequisite to its introduction or consideration at such
meeting. All legislation from the Mayor or an independent agency, shall be transmitted to
the Council by diskette and hard copy. The Secretary to the Council shall determine
whether the proposed legislation is in appropriate form and may return any proposed
legislation that is not in appropriate form to the Mayor or independent agency.
402. MANNER OF INTRODUCTION.
(a) Members of the Council may introduce bills and resolutions either by:
(1) Reading the short title of the bill or resolution during the period of a
legislative meeting or a work session of the Committee of the Whole designated for
introductions and immediately providing the Secretary with the signed original of the bill
or resolution; or
(2) Filing the signed original of the bill or resolution in the office of the Secretary
during normal business hours.
(b) Unless specifically provided otherwise by law, no matter transmitted for a period
of Council review prior to its taking effect shall be deemed transmitted to the Council or
the Chairman, and no time period for Council review shall begin to run until the matter
has been formally introduced by the Chairman at a legislative session or work session of
the Committee of the Whole.
(c) Whenever proposed legislation would require the Secretary to transmit its text or
anything associated with the text to a person or organization, the sponsor of the
legislation shall provide the Secretary with the last known address of the proposed
recipient.
403. INTRODUCTION OF EMERGENCY LEGISLATION.
Emergency legislation and resolutions declaring the existence of emergency
circumstances may be introduced as provided in section 402 or may be introduced at a
meeting called to consider the emergency legislation.
404. INTRODUCTION OF AUTHORITY RECOMMENDATIONS.
(a) Upon the receipt of a recommendation by the Chairman of the Council from the
District of Columbia Financial Responsibility and Management Assistance Authority
("Authority"), made pursuant to section 207 of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995
(109 Stat. 97; D.C. Code § 47-392.7) ("FRMAA"), the recommendation will be
filed in the Office of the Secretary. A number shall be assigned and the Secretary to the
Council shall ensure that a copy of the recommendation is circulated to the office of each
member of the Council within 24 hours (excluding Saturdays, Sundays, and holidays)
following its receipt by the Office of the Secretary.
(b) The Secretary to the Council shall send a record of receipt to the Authority
indicating that the 90-day period for Council response to the recommendation will commence
when the recommendation is officially noted on the Secretary’s Log of Introduction at the
next Legislative or Committee of the Whole meeting.
(c) A notice of the recommendation will be contained on the Secretary’s Log of
Introductions to be read at the next Legislative or Committee of the Whole meeting
scheduled following its receipt by the Chairman.
(d) When a recommendation is introduced in the Council, it shall be retained by the
Council and referred for comments to the appropriate standing committee.
(e) The Office of the General Counsel shall review each recommendation and provide
comments to the appropriate standing committee.
(f) The 90-day period provided in section 207 of FRMAA for the Council to respond to
the recommendation shall begin to run the day following its introduction at a legislative
session or Committee of the Whole work session.
(g) The standing committee to which the recommendation has been referred for comments
shall issue a committee report within 60 days from the date of introduction and file a
report containing the committee’s recommended response in the Office of the Secretary. The
Office of the Secretary shall circulate a copy of the committee’s report to each member of
the Council within 24 hours (excluding Saturdays, Sundays, and holidays) following its
receipt by the Office of the Secretary.
(h) The committee report on the recommendations shall be placed on the agenda for the
next Committee of the Whole work session.
(i) The Committee of the Whole shall consider the committee report on the
recommendation of the Authority. The committee report may be amended at the Committee of
the Whole work session.
(j) The Committee of the Whole shall file a report on the Council’s response to the
Authority’s recommendations as adopted by the Committee of the Whole, prior to the
expiration of the 90-day response period, in the Office of the Secretary. The Office of
the Secretary shall transmit the report adopted by the Committee of the Whole to the
President, Congress, and Authority. Any legislation needed to implement the
recommendations shall be transmitted to the Authority in accordance with the normal
legislative process.
(k) The Office of the General Counsel shall provide written notification to the
Chairman if the standing committee fails to act within the 60-day period provided in
subsection (g) of this section. If this occurs, the Chairman shall direct the staff of the
Committee of the Whole to prepare a report responding to the recommendation for
consideration at the next Committee of the Whole work session.
405. READING INTRODUCTIONS.
(a) At each legislative meeting of the Council and work session of the Committee of the
Whole, during the period designated for introductions, the Secretary shall read the short
titles of bills and proposed resolutions which were introduced, pursuant to section
402(a)(2), between the previous reporting period and the Thursday preceding the
legislative or Committee of the Whole work session, giving the numbers assigned as
provided in section 444, and the committee assignments as provided in section 406.
(b) Bills and proposed resolutions may not be debated or amended when they are read for
introduction, but it is in order for a member to take exception to a committee assignment
or to recommend or request that the Chairman make an alternative or additional committee
assignment.
(c) The formal reading of the Secretary’s report as provided in subsection (a) of this
section may be waived by unanimous consent.
(d) Notwithstanding other provisions of this section, a member may raise questions
regarding committee assignments of legislation included in the Secretary’s report without
a formal reading of the entire Secretary’s report.
406. COMMITTEE ASSIGNMENT.
(a) When a bill or proposed resolution is introduced prior to a legislative session or
Committee of the Whole work session, the Chairman shall assign it to the appropriate
committee or committees according to the standards of germaneness, unless the Council
retains the measure. When a bill or proposed resolution is introduced at a legislative
session or Committee of the Whole work session, the Chairman may provisionally assign the
bill to a committee or committees. If the Chairman does not assign the bill or proposed
resolution to another committee or committees within 72 hours, the assignment shall be
deemed official at the end of the 72-hour period. If the Chairman assigns the bill or
proposed resolution to another committee, the new assignment shall not become official
until the next regularly scheduled legislative meeting or Committee of the Whole work
session. The Chairman may assign a bill or proposed resolution for comments at any time.
(b) The Chairman may assign a bill or resolution to 2 or more committees for sequential
consideration of all or part of the measure, and may assign all or parts of the measure to
other committees for comments.
(c) The Chairman may reassign a bill or resolution from 1 committee to another
committee, except that the reassignment shall not become official until it has been noted
in a legislative meeting or Committee of the Whole work session where the reassignment may
be appealed in the same manner as any other decision of the Chairman.
(d) The Chairman’s decisions on committee assignments may be appealed in the same
manner as other decisions of the Chairman.
(e) A committee may not consider a bill or proposed resolution until the assignment is
deemed official. An assignment is official once members of the Council have had an
opportunity to object to the committee assignment at a legislative session or Committee of
the Whole work session. This subsection shall not apply to matters referred to the
Committee of the Whole, if referral to the Committee of the Whole is required by these
Rules.
407. COMMENTS BY EXECUTIVE BRANCH.
The Executive Branch may comment on any bill or resolution. Unless otherwise required
by law, neither the Council nor a committee must wait for Executive Branch comments before
considering the measure.
408. WITHDRAWAL OF LEGISLATION.
(a) Whenever a rule, regulation, or resolution is proposed for promulgation by an
entity other than the Council and is required by law to be approved, disapproved, or
reviewed by the Council prior to its taking effect and would take effect automatically by
operation of law, the proposal may be withdrawn formally by the proposer prior to final
Council action or, if the Council takes no action, prior to any time limit imposed by law.
The withdrawal shall render the original proposal a nullity as if it were never proposed.
These proposed rules, regulations, and resolutions may be withdrawn only by written
request transmitted to the Chairman.
(b) Whenever a measure is introduced by a member of the Council, it may be withdrawn
formally by the introducer at any time before any action has been taken by the Committee
to which it has been assigned (i.e., hearing, markup, or vote). The withdrawal shall be in
writing and transmitted to the Secretary of the Council for circulation to the members.
The withdrawal shall render the original proposal a nullity as if it were never proposed.
(c) Without objection, a committee chairperson may withdraw, one time only, a measure
reported by that committee from Council consideration until the next regularly scheduled
meeting.
B. COUNCIL APPROVAL.
411. CONSENT AGENDA.
The Chairman shall prepare a consent agenda for each legislative session which shall
include bills and resolutions that the Chairman believes will be adopted by unanimous
vote. The consent agenda shall be approved by the Committee of the Whole at its work
session immediately preceding the legislative session for which the agenda was prepared.
The chair of a committee may amend the committee print of a bill or resolution without
removing the bill or resolution from the consent agenda, if the amendment is delivered to
the Secretary at or before the Committee of the Whole meeting and circulated at the
Committee of the Whole meeting. Any member may strike a bill or proposed resolution from
the consent agenda at the Committee of the Whole meeting or at the legislative meeting
prior to the vote on the consent agenda. Bills and resolutions removed from the consent
agenda shall be considered as provided in section 311. Prior to the vote on the consent
agenda at a legislative meeting, and without objection from any other member, a member may
request that a measure printed on the non-consent agenda be moved to the consent agenda.
Legislation remaining on the consent agenda shall be approved by the Committee of the
Whole and shall be considered at the legislative session as provided in section 311.
Approval of the consent agenda during the legislative session will include the unanimous
approval of all matters included in the consent agenda. If a member asks for his or her
vote to be recorded on a particular measure, the measure shall not be included on the
consent agenda.
412. EMERGENCY LEGISLATION.
(a) Where it is proposed that a bill be passed immediately due to emergency
circumstances, the Council may debate the question of the existence of an emergency and
then shall vote on whether emergency circumstances exist. If 2/3rds of the members of the
Council find that emergency circumstances exist, the Council shall consider the bill on
its merits.
(b) For purposes of this Rule, an "emergency" means a situation that
adversely affects the health, safety, welfare, or economic well-being of a person for
which legislative relief is deemed appropriate and necessary by the Council, and for which
adherence to the ordinary legislative process would result in delay that would adversely
affect the person whom the legislation is intended to protect.
(c) Emergency legislation shall take effect, according to its terms, either immediately
or at a specific time. Pursuant to section 412(a) of the Charter, emergency legislation
shall be effective law for not more than 90 days.
413. TEMPORARY LEGISLATION.
If the Council finds the existence of an emergency and approves an emergency bill under
section 412, the Council may, at the same legislative session, consider a temporary bill
on first reading without committee referral. The temporary bill must be substantially
similar to the emergency bill and may remain effective for not more than 225 days.
414. DISCHARGE.
The Council, by a vote of a majority of the Council, may discharge a committee from
further consideration of a measure that has been assigned to the committee. Upon approval
of the discharge motion, the Council shall consider the bill or resolution as if it had
been reported from the committee without amendment or modification or reassign the measure
to another committee.
415. VETOED LEGISLATION.
Whenever an act of the Council is disapproved by the Mayor and returned to the Council
pursuant to section 404(e) of the Charter, the disapproved act shall be the property of
the full Council. The Chairman may solicit comments or recommendations on the disapproved
act from a committee or committees. A member may move for the Council to reenact the
disapproved act prior to the 30-day Council review period provided in section 404(e) of
the Charter.
C. NOTICE AND PUBLICATION OF INTENDED ACTIONS.
421. NOTICE TO MEMBERS.
The Secretary shall distribute, upon introduction, a copy of each measure to each
member and, upon referral, to each committee to which the measure is assigned. The
Secretary shall also distribute to each member, upon introduction or filing, a copy of
each notice of public hearing or roundtable, notice of investigation by subpoena, and
Mayoral disapproval of a Council act.
422. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS.
(a) Except as provided in these Rules, 15 days notice by publication in the District of
Columbia Register is required prior to:
(1) Council adoption of a bill or resolution; and
(2) The conduct of a legislative or investigative hearing.
(b) No prior notice by publication is required for the adoption of a ceremonial
resolution, an emergency bill or resolution, a resolution declaring an emergency, or a
resolution adopting Council Rules, appointing Council officers and committee chairpersons
and members, or pertaining to the internal operation or organization of the Council.
(c) The Council or a committee may recess and reconvene at a future time or place to
complete a scheduled hearing without additional notice by publication in the District of
Columbia Register.
423. PERSONAL SERVICE OR ACTUAL NOTICE.
Notice by publication is not required if all persons subject to an intended action are
named, and in accordance with law, either are served personally or have actual notice of
the Council’s intended action.
424. ABBREVIATED NOTICE.
Less than 15 days notice of intended action or a hearing on a bill or resolution may be
given upon good cause found and published with the notice.
425. METHODS OF NOTICE.
Where not otherwise required by these Rules or other provisions of law to be done in
specific fashion, notice of intended actions, hearings, or meetings may be given by:
(1) Publication in the District of Columbia Register;
(2) Publication in one or more newspapers of general circulation;
(3) Mailing notices to a mailing list of organizations and individuals established and
maintained by the Secretary;
(4) Use of other news media;
(5) Posting notice in a prominent place in the John A. Wilson Building and other public
buildings or posting places;
(6) Facsimile;
(7) E-mail; or
(8) In any other manner directed by the Council.
426. NOTICE OF EMERGENCY ACTIONS.
(a) When an emergency bill or resolution is to be considered, a notice which includes a
statement of the reasons for the emergency and the intended effect of the emergency bill
or resolution shall be circulated to all members and the Secretary at least by noon on the
third day, excluding weekends and holidays, before the legislative meeting at which the
emergency action is to be considered, unless the nature of the emergency precludes such
notice. If the nature of the emergency precludes the notice, the sponsor of the
legislation shall ensure that members have notice at the earliest possible time prior to
the meeting at which the emergency legislation is to be considered.
(b) A draft of the emergency bill or resolution shall be circulated to all members and
the Secretary at least 24 hours before the legislative meeting at which the emergency
action is to be considered, unless due to the nature of the emergency the measure could
not be circulated within the time limit. If the nature of the emergency prevents the
circulation of the measure within 24 hours of the legislative meeting, the draft bill or
resolution shall be circulated to the members of the Council and the Secretary at least
one hour before the scheduled time of the legislative meeting.
(c) Notwithstanding the provisions of subsection (a) of this section, public notice of
intended emergency action shall be given prior to adoption of an emergency bill or
resolution by at least one method provided in section 425.
427. NOTICE OF TEMPORARY LEGISLATION.
(a) Each temporary bill adopted pursuant to section 413, shall be circulated with the
accompanying emergency legislation in accordance with section 426. Following approval on
first reading, a notice of intent to adopt the temporary bill on second reading shall be
published in the District of Columbia Register.
(b) When temporary legislation is to be considered under section 413, the notice of
emergency legislation under section 426 shall include notice of the temporary legislation.
428. NOTICE OF CEREMONIAL RESOLUTIONS.
Each ceremonial resolution shall be circulated to members and the Secretary to the
Council by noon of the day prior to the legislative meeting at which it is to be
considered.
429. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION.
Each act and resolution adopted by the Council shall be filed in the Office of the
Mayor for publication in the District of Columbia Register. Except as provided in D.C.
Code § 1-1602, no act or resolution shall become effective until after its publication.
Once notice by publication has been given in accordance with this section, no additional
notice by publication is necessary for an act completing Congressional review to become
effective law as provided in section 602 of the District of Columbia Home Rule Act of
1973, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233).
D. LEGISLATIVE RECORDS.
441. RESPONSIBILITY FOR RECORDS.
(a) The Secretary shall maintain accurate and up-to-date Council records, described in
sections 445 and 446, and shall make the records available to the public.
(b) Each committee shall make records on legislation assigned to the committee and on
other committee activities and shall file the records with the Secretary as required by
these Rules. When the records are in the custody of the committee, the committee shall
make them available to the public.
(c) Whenever the Secretary receives a request for information about the operation of
the office or intra-office budget expenditures of a particular member, the Secretary shall
immediately notify the affected member of the request by providing the member with a copy
of the request. Before complying with the request the Secretary shall seek the opinion of
the General Counsel on the legality and propriety of disclosing the requested information.
442. FORM FOR INTRODUCTIONS.
(a) Every bill and proposed resolution shall be introduced in typewritten form, signed
by the member introducing it, include a long title that identifies the subject matter of
the measure, and be in substantial compliance with the form required for final adoption.
The Secretary to the Council shall make the determination as to whether the bill or
proposed resolution complies with this subsection.
(b) Co-sponsorship of a bill or a proposed resolution shall be evidenced by the
signature of the co-sponsor on the face of the measure. Co-sponsorship shall be permitted
up to the close of business the day following the legislative meeting or Committee of the
Whole work session at which the measure was officially referred or by indication on the
record at the legislative meeting.
443. REPORTS ON LEGISLATION.
(a) Each bill or resolution shall be accompanied by a draft report when it is
considered by a committee, unless the committee votes to waive this requirement for a
particular bill or resolution. In the event of a waiver, the committee shall vote on the
draft report at a regularly scheduled, additional, or special meeting of the committee
before filing the report and the reported bill or resolution with the Secretary.
(b) Each adopted report on a bill or resolution shall be in writing, signed by the
committee’s chairperson, accompanied by the final bill or resolution, and contain the
following information regarding the reported legislation:
(1) A statement of its purpose and effect;
(2) A chronology of action, including the date of introduction, public hearings or
roundtables, date and description of any action taken at a committee meeting;
(3) A detailed section-by-section analysis of its provisions;
(4) A fiscal impact statement as provided in subsection (c) of this section;
(5) An analysis of the impact on existing provisions of law that it would modify or
affect;
(6) Dissenting, separate, and individual views of committee members, if members demanded
the opportunity to state their views;
(7) Any additional information that the committee directs to be included;
(8) A record of the results of a voice vote or, if a roll call, the votes to adopt the
legislation and the motion to adopt the report; and
(9) Any recorded votes on amendments to the bill.
(c) Except for emergency declaration, ceremonial, confirmation, and sense of the
Council resolutions, no bill, resolution, or amendment to a bill or resolution may be
enacted or approved by the Council without a Council fiscal impact statement and
worksheet, if applicable, which has been reviewed and approved by the Council Budget
Director in the measure, committee report, presented to the Council, at the time of its
consideration. The Council fiscal impact statement shall include the estimate of the costs
which will be incurred by the District as a result of the enactment of the measure in the
current and each of the first 4 fiscal years for which the act or resolution is in effect,
together with a statement of the basis for such estimate. The statements shall include the
following:
(1) A general statement of the effects the measure will have on the operating and
capital budgets for the current and next 4 fiscal years;
(2) A quantitative estimate of the expenditures needed to implement the measure;
(3) An identification of the revenues and funds currently available, or likely to be
available from existing revenue sources to implement the measure, if it is to be
implemented within the current fiscal year;
(4) A statement on the extent to which current appropriations are available to finance
implementation of the measure, if it is to be implemented within the current fiscal year;
and
(5) An identification of the specific funding source to be recommended in the forthcoming
fiscal years to implement the measure, if the cost of implementation is estimated to
exceed $100,000 in that fiscal year.
(d) Each report prepared by the Committee of the Whole on a Council appointment to
another body and each report prepared by another committee on a confirmation shall include
a current resume of the nominee.
(e) A committee chairperson shall file a reported bill or resolution with the Secretary
within 20 days, excluding Saturdays, Sundays, legal holidays, and recesses of the Council,
of committee action on the bill or resolution unless the committee votes to reconsider the
bill or resolution.
(f) The Secretary to the Council shall make a determination as to whether the reported
bill or proposed resolution and the report on the bill or proposed resolution comply with
this section.
444. IDENTIFICATION OF COUNCIL DOCUMENTS.
(a) Legislative documents shall be identified by a name that describes the type of
document and a two part document number.
(b) Legislative documents shall be identified by the following names:
(1) A bill, whether permanent, temporary, or emergency, shall be known as a
"Bill";(2) A resolution, before its adoption, shall be known as a "Proposed
Resolution";
(3) An enacted bill signed by the Mayor, a bill vetoed by the Mayor and approved by
members of the Council, or an approved initiative certified by the Board of Elections and
Ethics shall be known as a "District of Columbia Act";
(4) An adopted resolution shall be known as a "Resolution";
(5) A ceremonial resolution, whether proposed or adopted, shall be known as a
"Ceremonial Resolution";
(6) An act that has taken effect following the 30-day Congressional review period shall
be known as a "District of Columbia Law";
(7) A proposed reorganization plan shall be known as a "Reorganization Plan";
(8) A request for a reprogramming shall be known as a "Reprogramming
Request";(9) A proposed state plan shall be known as a "Proposed State Plan";
(10) A request for a grant application approval shall be known as a "Grant
Application Request"; and
(11) A request for a non-offsetting budget modification shall be known as a
"Non-offsetting Budget Modification Request".
(c) The Secretary shall assign two-part numbers to Council documents identified in
subsection (b) of this section in the order of introduction, filing, adoption, or
approval. The first part of the number consists of the current Council Period, and the
second part consists of a consecutive serial number beginning with the number
"1" in each Council Period.
(d) A report on a measure or a topic shall be titled as a "Report on
_____________" (with the name to be filled in as appropriate under subsection(b) of
this section). Titled reports shall be further identified by (1) a number corresponding to
the number, if any, assigned to a measure; or (2) if the report is not on a measure, a
sequential number preceded by the year filed.
445. LEGISLATIVE FILES.
The Secretary shall maintain an official file on each bill and proposed resolution,
which shall include the original of the following:
(1) The introduced version of the bill or proposed resolution;
(2) Any recordings, transcripts, or items submitted for the record of hearings on the
legislation;
(3) The committee report on the legislation;
(4) Files transmitted from the committee regarding committee consideration of the bill or
resolution;
(5) Any amendments to the bill or proposed resolution presented in legislative meetings;
(6) The engrossed and enrolled versions of the legislation;
(7) Records of the publication and notice given of Council consideration of the
legislation; and
(8) Records of official the transmittal of the legislation to the Mayor, to Congress, or
other agencies or entities as required by law or the legislation.
446. OTHER OFFICIAL RECORDS.
The Secretary shall maintain other official Council records, including, but not limited
to the following:
(1) Transcripts and recordings of all legislative meetings;
(2) Tape recordings and minutes of all committee meetings;
(3) Tape recordings and documents submitted for the record of all legislative hearings;
(4) Tape recordings and documents submitted for the record of investigative hearings,
recordings and transcripts of depositions and other testimony taken in connection with
investigations, and reports of investigations; and
(5) Any other document or record required by law or these Rules to be filed with the
Council or with the Secretary.
447. RECORDS OF LEGISLATIVE MEETINGS.
A written transcript or a transcription shall be kept for all meetings at which
official action is taken. Members shall have 30 days from the date a written transcript is
prepared within which to correct grammatical and other errors in transcribing the member’s
statements made in the session. Questions regarding the application of this provision
shall be resolved by the General Counsel.
448. PUBLIC ACCESS TO RECORDS.
Unless public access is restricted pursuant to section 504, copies of official Council
records shall be available for public inspection during normal business hours and shall be
available for reproduction and distribution to the public upon request. The Secretary
shall establish a schedule of charges for reproduction of documents and recordings, which
shall not exceed the total cost of the reproduction. The Secretary may waive charges in
cases of financial hardship.
449. EFFECT OF END OF COUNCIL PERIOD.
(a) A bill or resolution that has not been finally adopted by the Council before the
end of the Council Period in which it was introduced lapses without prejudice to its
reintroduction in a subsequent Council Period. If temporary legislation has been passed on
first reading pursuant to section 413 at the last legislative session in a Council Period,
it may be considered on final reading during the next Council Period. A matter that has
been transmitted by the Mayor or an independent agency for a designated period of Council
review, that is pending at the end of a Council period, shall be in the same status it was
at the end of the prior Council period and the legislation assigned a new number. If
notice required by these Rules has been given in the prior Council period, no additional
notice shall be required prior to action on the matter.
(b) Legislation that has been finally adopted by the Council during one Council Period
shall not lapse simply because any of the following occurs in a subsequent Council Period:
it is approved or vetoed by the Mayor, approved by operation of law, reenacted after a
veto, submitted to referendum, or transmitted to Congress.
(c) Records of measures that lapsed at the end of a Council Period may be incorporated
by reference in the records of substantially similar bills or resolutions considered in a
later Council Period.
450. TRANSMISSION OF ACTS.
The Chairman shall transmit adopted acts to the Mayor and enacted acts to the United
States Senate and the United States House of Representatives as required by the Charter.
451. COMMITTEE RECORDS.
Whenever there is a change in the chairperson of a committee, the incumbent committee
chairperson shall ensure that official committee files and records are maintained and
transmitted to the in-coming committee chair.
ARTICLE V — HEARING PROCEDURES.
A. PROCEDURES FOR HEARINGS.
501. AUTHORITY TO CALL HEARINGS.
(a) The Council shall hold a hearing when required by law and may hold a hearing on any
matter relating to the affairs of the District. A Council hearing may be called by the
Chairman or the Council.
(b) A committee of the Council shall hold a hearing when required by law and may hold a
hearing on any matter relating to the affairs of the District that is properly within the
committee’s jurisdiction as provided in these Rules.
(c) Unless a hearing is required by law or regulation, a committee may hold a
roundtable on any matter relating to the affairs of the District that is properly within
the committee’s jurisdiction as provided in these Rules. A roundtable shall comply with
the hearing requirements set forth in this Article. A committee shall not be required to
meet the notice requirements of section 422(a)(2) to hold a roundtable, but shall comply
with the notice requirements of section 421.
502. QUORUM.
One member of the Council, for the Council, or 1 member of a committee, for the
committee, shall constitute a quorum for the purpose of holding a hearing.
503. PARTICIPATION BY MEMBERS.
(a) Each member may participate in hearings of the Council or of a committee, without
regard to whether the member is a member of the committee conducting the hearing.
(b) Each member has a maximum of 10 minutes to question each witness until after each
member has had an opportunity to question the witness.
504. OPEN TO PUBLIC.
(a) All hearings shall be open to the public unless, upon good cause shown, a majority
of the Council or a committee approves the convening of a hearing in an executive meeting.
(b) Except as provided in subsection (c) of this section, all testimony taken and
evidence received in an executive meeting shall be confidential and shall not be released
to the public.
(c) Upon good cause shown and after notice as provided in this subsection, a majority
of the Council or Committee members may approve the release of testimony or evidence
received in an executive meeting. Ten days prior to the release of testimony or evidence
under this subsection, the Council or committee must notify, in writing, the affected
witness that the Council or committee intends to release the testimony or evidence. Prior
to the expiration of the 10-day period, the affected witness may request, in writing
directed to the presiding Council or committee member, and the Council or committee may
consider withholding the testimony or evidence described in the notice. (d) If a
committee, in the publication of notice of a public hearing, sets a deadline before which
a member of the public must contact the committee to be permitted to be a witness at the
public hearing, then at the time that the public hearing is held, each member of the
public who complied with the committee’s requirements shall be given an opportunity to
testify.
505. EXTENSION OF REMARKS.
(a) A member, with the unanimous consent of the members of the Council or Committee
holding a hearing who are present at the hearing, may revise and extend his or her remarks
made at the hearing. No member may make an extension or revision of remarks that would
cause another member’s comments to be taken out of context. The official transcript of a
hearing shall be annotated to indicate the extension or revision of remarks.
(b) The extension of remarks must be filed with the Secretary within 2 days after the
first transcript of the remarks have been received in the member’s office. Saturdays,
Sundays, and legal holidays shall not be included in computing time under this section.
506. RECESS.
A hearing may be recessed at any time by the member presiding over the hearing.
B. RECEIVING TESTIMONY.
511. QUESTIONING WITNESSES.
Witnesses may be questioned by members of the Council or committee and, with the
consent of the Chairman or presiding member, by authorized Council or committee staff, or
counsel advising the Council or committee.
512. DECORUM OF WITNESSES.
(a) A witness may address a member only through the presiding member.
(b) A witness shall confine his or her remarks to the question under discussion and
shall avoid making negative personal comments.
(c) The presiding member shall maintain order in the hearing and, after issuing a
warning, may order the removal of a disorderly member of the public as provided in section
322.
C. RIGHTS OF WITNESSES.
521. RIGHT TO COUNSEL.
Any witness who appears before the Council or a committee has the right to be
represented by counsel.
522. RIGHT TO MAKE OPENING STATEMENT.
Any witness testifying at a hearing of the Council or a committee may submit an opening
statement, which shall be placed in the record of the hearing. The presiding member may
permit the witness to read his or her statement at the hearing.
ARTICLE VI — INVESTIGATIONS AND SUBPOENAS.
A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS.
601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN INVESTIGATION.
(a) In order to use subpoenas to obtain testimony or documents, the Council shall adopt
a resolution authorizing an investigation by the Council or a special committee.
(b) In order to use subpoenas to obtain testimony or documents, a committee must adopt
a resolution of the committee authorizing an investigation subject to the limits of
section 501. This resolution must be filed in the Office of the Secretary.
(c) A resolution authorizing an investigation under this section shall delineate the
purpose of the investigation and the subject matter to be investigated to afford witnesses
adequate notice of the scope of the inquiry.
602. NOTICE OF INVESTIGATION.
Pursuant to section 422, the Secretary shall publish a notice of each investigation
authorized under section 601 in the District of Columbia Register, which notice shall
include a copy or description of the resolution authorizing the investigation and the date
the resolution was filed in the Office of the Secretary.
603. REPORT OF INVESTIGATION.
(a) Within 90 days of the conclusion of an investigation under this article, a
committee shall submit to the Council the results of the investigation, unless the
Council, by majority vote of the members present and voting, extends the time limit.
(b) The committee, by a majority of the members present and voting, may vote not to
release all or part of its report. The Council, by a majority of members present and
voting, may direct a committee to release its report under terms that the Council sets.
604. TESTIMONY UNDER OATH.
A witness may be affirmed or sworn to give truthful testimony.
605. ISSUING THE OATH.
Any person authorized by law may issue an oath or affirmation to a witness.
606. DEPOSITIONS.
The Council or committee may authorize a member, committee staff, or counsel advising
the committee to take the testimony of witnesses by oral or written depositions.
B. SUBPOENAS.
611. ISSUANCE OF SUBPOENAS.
The Council, any standing committee of the Council, and, if authorized by the
Resolution establishing it, any special committee, may subpoena the attendance and
testimony of witnesses and the production of documents and other tangible items at
meetings, hearings, and depositions in connection with an investigation. Subpoenas shall
be issued in the form set forth in Appendix A, and, except as provided in section 613(b),
shall be served not less than 5 business days prior to the return date.
612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA.
Prior to issuing a subpoena, a standing or authorized special committee shall submit a
report to the Secretary to the Council outlining the nature and scope of the investigation
and the type of information sought through the use of the subpoena.
613. SERVICE OF SUBPOENAS.
(a) Except as provided in subsection (b) of this section, subpoenas shall be served
personally on the witness or his or her designated agent in 1 of the following ways, which
may be attempted concurrently or successively:
(1) By a special process server, at least 18 years of age, designated by the committee
or the Council from among the staff appointed by the Secretary who are not directly
involved in the investigation; or
(2) By a special process server, at least 18 years of age, engaged by the committee or
the Council for this purpose.
(b) If, after a reasonable attempt, personal service on a witness or witness’ agent
cannot be obtained, a special process server identified in paragraphs (a)(1) or (2) of
this section may serve a subpoena by registered or certified mail not less than 8 business
days prior to the return date.
614. ENFORCEMENT OF SUBPOENAS.
A committee may refer to the Council any case of contumacy by a person subpoenaed to
appear before the committee. The Council, by resolution, may refer any case of contumacy
by any person subpoenaed by the Council or a committee to the Superior Court of the
District of Columbia as provided in section 413 of the Charter (D.C. Code § 1-234(b)).
C. RIGHTS OF WITNESSES.
621. RIGHT TO ASSERT PRIVILEGES.
(a) A witness has the right to refuse to answer a question that might tend to
incriminate him or her by claiming his or her Fifth Amendment privilege against
self-incrimination, other Constitutional privileges, or statutory or common law privileges
recognized in the Superior Court of the District of Columbia.
(b) If a witness asserts a privilege, the presiding member shall inquire into the
witness’ reasons for claiming the privilege. If the presiding member determines that the
claim of privilege is not warranted, he or she shall direct the witness to answer the
question. A witness’ continued claim of privilege in the face of an order by the presiding
member to answer a specific question constitutes contumacy by the witness.
622. NOTIFICATION OF RIGHTS.
Where a witness under subpoena is not represented by counsel, the presiding member
shall advise the witness of his or her privilege against self incrimination.
623. RIGHT TO TRANSCRIPT.
A witness under subpoena is entitled to receive, at the cost of producing it, a written
transcript or a transcription of his or her testimony in connection with an investigation.
624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS.
Any person who is the subject of an investigation authorized under section 601 may
submit written questions for the cross-examination of other witnesses at public hearings
called by the Council or a committee. With the consent of the members present and voting,
the questions may be put to the witness by a member, by an authorized staff member, or by
counsel advising the Council or a committee.
625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS.
Any person, who is named or specifically identified in connection with an investigation
and who believes that the testimony or other evidence or comment by a member of the
Council or a committee or its staff does not comport with the truth, may file a sworn
statement of facts relevant to the testimony or other evidence or comment complained of.
ARTICLE VII — BUDGET PROCEDURES.
A. BUDGET REVIEW PROCEDURES.
701. ROLE OF THE COMMITTEE OF THE WHOLE.
The Mayor’s annual budget request for the District government and any supplement or
amendments to the budget submitted to the Council pursuant to section 442(a) of the
Charter (D.C. Code § 47-301(a)) shall be assigned to the Committee of the Whole.
702. BUDGET REVIEW SCHEDULE.
The Council Budget Director, at the direction of the Chairman, shall prepare a budget
review schedule that includes a hearing schedule, establishes dates for closing hearing
records and for submitting and filing reports, and schedules other Council budget
activities as necessary or appropriate. The budget review schedule shall be presented to
the Committee of the Whole for approval.
703. ROLE OF COUNCIL COMMITTEES.
(a) Each standing committee shall be responsible, in accordance with the budget review
schedule, for reviewing the budget requests for agencies within its purview, including,
but not limited to:
(1) Holding public hearings on the proposed budget requests of agencies under the
committee’s purview and receiving testimony on those budget requests from agency
representatives, Advisory Neighborhood Commissions, other organizations, and private
citizens;
(2) Recommending funding and personnel levels for each agency under the committee’s
purview;
(3) Recommending appropriations language changes;
(4) Identifying, for agencies under the committee’s purview, any additional budget
needs not included in the committee’s recommendation under paragraph (2) of this
subsection, for which funding is sought;
(5) Identifying legislative actions required to implement committee budget
recommendations; and
(6) Identifying issues for further analysis by the Mayor pursuant to section 442(a)(6)
of the Charter (D.C. Code § 47-301(a)(6)).
(b) Each committees shall file, in accordance with the budget review schedule, the
original committee markup and report with the Committee of the Whole. No committee shall
file markups or reports that result in a net increase in the total amount of the budget
request for all agencies under its purview, unless that markup or report also identifies
additional revenue sources, additional budget reductions, or both, sufficient to provide
funding for the increase. No committee may identify, as the source of funding for a net
increase it may recommend, a reduction made by another committee that has been
specifically earmarked for another use by the committee making the reduction.
704. COMMITTEE OF THE WHOLE CONSIDERATION OF BUDGET REQUEST.
(a) The Council Budget Director, at the direction of the Chairman, upon receipt of
committee reports and markups, shall prepare a summary of committee recommendations for
presentation to the Committee of the Whole. This summary shall also include a comparison
of the budget levels recommended by committees with any revenue level recommended by the
Council Budget Director, at the direction of the Chairman, and the Chairman.
(b) The Council Budget Director, at the direction of the Chairman, shall refer any
additional budget reductions recommended by a committee pursuant to section 703(b) to the
committee having purview over the agency affected by the additional budget reduction for
review and comment.
(c) The Committee of the Whole shall meet to consider committee reports,
recommendations, and comments, and the Chairman’s recommendations, if any, and shall
proceed to mark up the Mayor’s budget request. No amendment shall have the effect of
putting the budget out of balance. The Council Budget Director, at the direction of the
Chairman, shall prepare a draft report and act reflecting the Committee of the Whole
action.
705. COUNCIL CONSIDERATION OF THE BUDGET REQUEST.
Following the markup and report on the full budget request by the Committee of the
Whole, the reported budget request shall be presented for a single reading at the next
legislative meeting or additional meeting called by the Chairman for that purpose.
706. CONSIDERATION OF GROSS PLANNING BUDGET RESOLUTIONS.
Gross planning budget resolutions, submitted by the Mayor pursuant to section 7 of the
Funds Control Act (D.C. Code § 47-306), shall be referred to the Committee of the Whole
for consideration according to these Rules.
707. CONSIDERATION OF CONTROL BUDGET ACTS.
Control budget acts, submitted by the Mayor pursuant to section 8 of the Funds Control
Act (D.C. Code § 47-307), shall be referred to the Committee of the Whole for
consideration according to these Rules.
B. REPROGRAMMING POLICY ACT PROCEDURES.
711. EFFECT OF RECESS ON PROCEDURES.
Reprogramming requests and non-offsetting budget modification requests may not be
submitted to the Council during a recess of the Council. No time period provided in this
part for the consideration of the requests will continue to run during a recess of the
Council.
712. COMMITTEE REFERRAL OF REQUESTS.
The Chairman shall refer reprogramming requests and non-offsetting budget modification
requests to the Committee of the Whole. The Chairman shall also refer reprogramming
requests for comments to the standing committee having oversight responsibility for the
program or agency affected.
713. CIRCULATION OF REQUESTS.
The Secretary shall distribute copies of reprogramming requests to all members,
pursuant to Rule 421, within 1 working day of the Council’s receipt of the request.
714. PUBLICATION OF NOTICE.
Upon receipt of a reprogramming request or a non-offsetting budget modification
request, the Secretary shall publish a "notice of reprogramming request" or a
"notice of non-offsetting budget modification request", as the case may be, in
the District of Columbia Register, which, at a minimum, shall include the following:
(1) A description of the action requested and the date the request was received by the
Council; and
(2) A statement that the request will be deemed approved 14 days from the date it was
received by the Council unless a notice of disapproval has been filed prior to that time
by a member of the Council, and that if a notice of disapproval is filed, the request will
be deemed approved 30 days from the date the request was received unless, prior to that
time, the Council adopts a resolution to disapprove the request.
715. WITHDRAWAL OF REPROGRAMMING REQUESTS.
The Mayor may withdraw a reprogramming request or non-offsetting budget modification
request at any time prior to the Council’s taking final action on the request, or prior to
its taking effect without Council action.
716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS.
(a) To initiate disapproval of a reprogramming request or a non-offsetting budget
modification request, a member of the Council shall file a written notice of disapproval
with the Secretary to the Council or give oral notice of disapproval at a legislative
meeting of the Council within 14 days after the Council receives the request. The
Secretary shall circulate copies of the written notice of disapproval to all members.
(b) If this notice is given, the Council may consider and take final action, as
provided in this section, to disapprove the request within 30 calendar days after the
Council receives the request.
717. AUTOMATIC APPROVAL OF REQUESTS.
If the notice of disapproval provided in section 716 is not given within 14 days after
the Council receives the request, the reprogramming request shall be deemed approved. If
the notice is given as provided in section 716(a) and the Council does not take final
action to disapprove the request as provided in this section, the reprogramming request
shall be deemed approved.
718. TRANSMITTAL TO MAYOR.
The Chairman of the Council shall transmit, by letter to the Mayor, notification of the
Council’s disapproval or failure to disapprove a reprogramming request.
C. FUNDS CONTROL ACT PROCEDURES.
721. APPLICABILITY OF PROCEDURES.
(a) This part applies to the Council’s consideration of grant applications, state plan
approval requests, and budget structure resolutions.
(b) Except as provided in subsection (c) of this section, borrowing request resolutions
shall be considered in accordance with Council Rules applicable to resolutions.
(c) Committee reports on borrowing requests shall comply, where appropriate, with the
requirements for reports on measures set forth in section 443 and may include, but not be
limited to: (1) The amount to be borrowed;
(2) The purposes for which the funds are to be used, by control and responsibility
center; and
(3) An identification of the type and amount of revenue anticipated from each source to
be used to repay the amount to be borrowed, the anticipated dates of receipt of the funds,
and a schedule of repayment of the funds.
722. EFFECT OF RECESS ON FUNDS CONTROL ACT PROCEDURES.
No grant application, state plan approval request, or budget structure resolution may
be submitted to the Council during a recess of the Council. No time period provided in
this part for the consideration of these matters shall continue to run during a recess of
the Council.
723. COMMITTEE REFERRAL OF REQUESTS.
Grant applications, state approval requests, and budget structure resolutions shall be
referred to the Committee of the Whole with comments from the standing committee having
oversight responsibility for the agency or program affected. Budget structure resolutions
shall be referred to the Committee of the Whole.
724. CIRCULATION OF REQUESTS.
Grant applications, state plan approval requests, and budget structure resolutions
shall be circulated to all members of the Council within 1 working day after their
receipt.
725. REQUIREMENTS FOR DISAPPROVAL.
(a) To initiate disapproval of a grant application, state plan approval request, or
budget structure resolution, a member of the Council shall file a written notice of
disapproval with the Secretary to the Council within 14 days after the Council receives
the request.
(b) If this notice is given, the Council may consider and take final action, as
provided in this section, to disapprove the request within 30 days after the Council
receives the request.
726. AUTOMATIC APPROVAL OF REQUESTS.
If the notice provided in section 725(a) is not given within 14 days after the Council
receives the request, the grant application, state plan approval request, or budget
structure resolution shall be deemed approved. If the notice is given and the Council does
not take final action to disapprove the request as provided in this section, the request
shall be deemed approved.
727. TRANSMITTAL TO MAYOR.
The Chairman of the Council shall transmit, by letter to the Mayor, notification of the
Council’s disapproval or failure to disapprove grant applications, state plan approval
requests, and budget structure resolutions.
ARTICLE VIII — OFFICIAL MAIL.
801. DEFINITIONS.
For the purposes of this article, the term:
(1) "Mass mailing" means the transmission through the mails of more than 100
substantially identical newsletters, news releases or similar types of material during any
30-day period, but shall not include a response to a communication initiated by a
constituent.
(2) "Newsletter" or "news release" means the usual and customary
correspondence that deals with such matters as the impact of laws and decisions on the
government and its citizens, reports on public and official action taken by a
Councilmember, and discussions of proposed or pending legislation or governmental action.
(3) "Official mail" means correspondence suitable to be mailed at public
expense that pertains directly or indirectly to the legislative process or to a Council
legislative function, including any matter related to a past or current Council, the
performance of official duties by a Councilmember in connection with a Council function,
or other related matters of public concern or public service.
802. CONTENT OF OFFICIAL MAIL.
To be mailed at public expense, a Councilmember’s newsletter or report on constituent
service activities must come within the definition of "official mail" set forth
in section 801 and must conform to the Official Correspondence Regulations, effective
April 7, 1977 (D.C. Law 1-118; D.C. Code § 1-1701 et seq.). (Official
Correspondence Regulations").
803. PERMITTED CATEGORIES OF OFFICIAL MAIL.
Except as otherwise provided in this article or by law or rule, a Councilmember may not
mail, as official mail, any matter, article, material, or document for any reason other
than the following:
(1) A request for the matter, article, material, or document has been received by the
Councilmember;
(2) The document is required by law to be mailed;
(3) The material or matter requests information pertinent to the conduct of the
official business of the Council;
(4) The material contains information relating to the activities of the Council or the
availability of a Council publication or other document;
(5) The enclosures are forms, blanks, cards, or other documents necessary or beneficial
to the administration of the Council;
(6) The materials are copies of federal, state or local laws, rules, regulations,
orders, instructions, or interpretations thereof; or
(7) The materials are to be mailed to federal, state, or other public authorities.
804. MARKING REQUIREMENTS FOR ENVELOPES.
An envelope that is used to enclose official mail shall bear upon its facing, in
addition to the name and address of the Council, the words "official business."
805. PROHIBITIONS AND FORMAT OF NEWSLETTERS.
(a) A Councilmember may not mail, as official mail, a mass mailing within the 90-day
period that immediately precedes a primary, special, or general election in which the
Councilmember is a candidate for office.
(b) To be mailed at public expense as official mail, a Councilmember’s newsletter or
report on constituent service activities may not contain any of the following:
(1) An autobiographical article, except that incidental references to personal matters
or to autobiographical information shall not cause the newsletter or report to be
non-frankable;
(2) A political cartoon that depicts a recognizable political personality or party;
(3) An announcement of a filing for reelection;
(4) An announcement of a political or partisan meeting;
(5) A reference to a past or future political campaign;
(6) An personal reference that is included for publicity, advertising, or political
purposes;
(7) A report on family life, except that information concerning someone in a
Councilmember’s family who has been appointed or designated to serve in an official
governmental capacity shall be permitted;
(8) A direct or indirect solicitation of funds;
(9) An expression of holiday greetings from the Councilmember or the Councilmember’s
family;
(10) An item that is purely personal to the Councilmember and unrelated to the official
duties, activities, and business of the Councilmember;
(11) An article about a community event that is unrelated to official government business;
and
(12) A report on non-official activities of the Councilmember that has the effect of
lending the franking privilege to others, no matter how worthwhile or charitable the
endeavors of those to whom the franking privilege would be loaned.
806. AUTHORIZED USES OF OFFICIAL MAIL.
Section 805 shall not be interpreted to prohibit a Councilmember or the Councilmember’s
staff from mailing, as official mail, any of the following:
(1) The whole or part of a record, speech, debate, or report of the Council or a
committee of the Council;
(2) The tabulation of a Councilmember’s vote or explanation of the vote;
(3) An expression of condolences to a person who has suffered a loss or congratulations
to a person who has achieved some personal or public distinction;
(4) Information concerning the Councilmember’s schedule of meeting constituents; (5)
Information concerning the meeting schedule and agenda for committees and subcommittees
upon which the Councilmember serves;
(6) Information concerning financial disclosure information, whether or not required by
law;
(7) Matter that consists of federal, state, or local laws, regulations or publications
paid for by public funds;
(8) A questionnaire that relates to matters on public policy or administration; and
(9) Matter that contains a picture of the Councilmember or biographical or
autobiographical data whenever the matter is mailed in response to a specific request.
807. PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS.
Each photograph or sketch contained in a newsletter or report on constituent service
activities shall relate to the official legislative duties of the Councilmember and shall
not, because of excessive use and size, have the effect of advertising or publicizing the
Councilmember. In addition, to be mailed at public expense as official mail, a newsletter
or report on constituent service activities may not contain any of the following:
(1) More than 1 photograph or likeness of the Councilmember appearing alone;
(2) A photographic likeness of the Councilmember appearing alone that covers more than
6% of a single page or that exceeds 6 square inches on 8 1/2" x 11" paper;
(3) More than 2 photographs per page that include the Councilmember with other persons;
(4) Two photographs on a single page that include the Councilmember and exceed 20% of
the page;
(5) A photograph of a Councilmember with a label such as "Democrat",
"Republican", "Statehood Party", or any other label that purports to
advertise the Councilmember rather than to illustrate the accompanying text; and
(6) A photograph that does not relate to, illustrate, or explain the accompanying text.
808. SIZE AND PRINT TYPES FOR NAMES.
(a) A Councilmember’s name in the masthead of a newsletter shall not appear in print
type larger than 1/2" in height.
(b) A Councilmember’s name in the text of a newsletter shall not appear in type style
or size larger than the other matter, nor in print size larger than 1/4" in height.
809. USE OF OFFICIAL MAIL BY OFFICIALS-ELECT.
In addition to Councilmembers, the Chairman-elect and members-elect of the Council may
mail materials as official mail.
810. GENERAL COUNSEL REVIEW.
The General Counsel shall be available to Councilmembers and their staffs to review
materials intended to be mailed as official mail to ensure that the materials comply with
the laws and rules governing official mail. Upon written request of a Councilmember, the
General Counsel shall provide a written opinion concerning whether the materials,
submitted by the Councilmember and intended to be mailed as official mail, comply with the
laws and rules governing official mail.
811. APPLICATION.
Article VIII of these Rules shall only apply to mailings that involve public expense.
ARTICLE IX — AUDITOR.
901. SELECTION.
The Chairman shall nominate the Auditor and the Council shall act on the nomination by
resolution.
902. TERM AND COMPENSATION.
The Auditor shall serve for a term of 6 years and shall be paid at a rate of
compensation as may be established from time to time by the Council.
903. VACANCY.
A vacancy in the Office of the Auditor shall be filled in the manner prescribed for
full-term appointments to that office and any person appointed to fill the vacancy shall
serve until the end of the predecessor’s term.
904. STAFF.
The Auditor shall appoint, remove, and set the relative remuneration (pursuant to the
budget of the Office of the Auditor) of the Auditor’s subordinate staff.
905. REPORTS AVAILABLE TO THE PUBLIC.
The Council shall make audit reports submitted to the Council by the Auditor, and any
other material it deems pertinent to the report, available for public inspection.
ARTICLE X — CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES.
1001. PARLIAMENTARY AUTHORITY.
Matters not covered by these Rules will be governed by Robert’s Rules of Order, Newly
Revised. It is the duty of the Chairman to interpret the Rules. Matters not covered by
Robert’s Rules of Order, Newly Revised, shall be determined by the Chairman subject to the
right of a member to appeal the ruling of the Chairman.
1002. GENDER RULE OF CONSTRUCTION.
Unless the context indicates otherwise, words importing 1 gender include the other
gender.
1003. SUSPENSION OF RULES.
Except for rules regarding notice, quorum, or amendment of these Rules and any
requirement of the Charter or other law, any Rule governing procedures of the Council may
be suspended during the consideration of a specified matter by motion to suspend the Rules
approved by 2/3rds of the members present and voting.
1004. AMENDMENT OF RULES.
(a) These Rules may be amended by a vote of a majority of the Council.
(b) An amendment must be proposed in writing, signed by the proposer, circulated to all
members and the Secretary to the Council, and posted in prominent places in the John A.
Wilson Building at least 15 days prior to consideration of the amendment.
(c) Seven members may vote to waive or shorten the 15-day notice period.
1005. EFFECTIVE PERIOD.
These Rules shall be effective until superseded by Rules of Organization and Procedure
adopted in a succeeding Council Period as provided in section 301.
APPENDIX.
TO: __________________
__________________
(Address)
PURSUANT TO D.C. Code § 1-234, YOU ARE COMMANDED TO APPEAR
before the (Council/Committee on) ___________, of the Council of the District of
Columbia, at ____(a.m./p.m.) on the day of ________, 19__, to testify before the
Council/Committee concerning: ______________________________________________
and bring with you :____________________________________.
ISSUED BY: __________________ ATTEST: _______________________ Chairman/Member of the
Secretary to the Council Council of the District
(Seal of the District) of Columbia
IMPORTANT: If you fail to appear at the time and place stated or to bring with you the
documents or items requested, the Council may refer the matter to the Superior Court of
the District of Columbia for an order compelling your attendance or the production of the
documents or items requested. Failure to obey such an order may be punished as contempt of
Court. DO NOT FAIL TO APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE REQUIRED TIME.
RETURN:
I, ___________ certify that I served a copy of this subpoena on the named party at
______________(address), on the _______ day of ________, 19__, at _______, (a.m./p.m.) by
the following means:
PROCESS SERVER: _________________________
(Address) Washington, D.C.
DISTRICT OF COLUMBIA: SS
SUBSCRIBED AND AFFIRMED TO ME BEFORE THIS __ DAY OF _____, 19__
__________________________
NOTARY PUBLIC, D.C.
MY COMMISSION EXPIRES:
You may obtain a copy of the Rules of Organization and Procedure for the Council of the
District of Columbia and the Resolution authorizing this investigation from the Council’s
Legislative Services Division, John A. Wilson Building, Room 28, 1350 Pennsylvania Avenue,
N.W., Washington, D.C. 20004.