D.C. Mun. Regs. tit. 3, r. 3-5202

Current through Register 71, No. 45, November 7, 2024
Rule 3-5202 - ETHICAL CONDUCT
5202.1

A member or employee of the Board shall not directly or indirectly give any person who is not a member or employee of the Board access to official information obtained through or in connection with his or her employment which has not been released to the general public or which is not a matter of public record.

5202.2

A member or employee of the Board shall not solicit or accept, either directly or through the intercession of others, any fee, gift, gratuity, favor, loan, entertainment, or other thing of monetary value from any person, organization or entity which has done or is doing any of the following:

(a) Has obtained, or is seeking to obtain, contractual or other business or financial relationships with the Board;
(b) Conducts operations or activities that are regulated or examined by the Board; or
(c) Has interests that may be favorably affected by the action or inaction of the member employee in the performance of his or her official duties.
5202.3

The restrictions set forth in § 5202.2 shall not apply to any of the following:

(a) Bona fide personal relationships, such as those that exist between an employee or member and his or her parents, children, or spouse;
(b) The acceptance of loans from financial institutions on customary terms to finance the acquisition of a car, home, appliance, or other personal items; or
(c) The acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, and like items of nominal intrinsic value.
5202.4

A member or employee of the Board shall not use his or her status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Board's purview.

5202.5

A member or employee of the Board shall not directly or indirectly use or allow the use of government property of any kind, including office machines, motor vehicles, materials, supplies, or funds, for other than officially approved activities.

5202.6

Without prior approval of the Board, a member or employee of the Board shall not accept any reimbursement for expenses or receive any other honorarium or fee for any service, speech, or other activity which is rendered as a result of his or her official duties with the Board, whether or not such activities were performed during official working hours.

5202.7

Board members and employees shall not engage in any employment or outside activity which is incompatible with the full and proper discharge of their government responsibilities.

5202.8

No Board member or employee shall do indirectly (by, through, or with other persons) those acts or actions which the Board member or employee are prohibited from doing directly under the restrictions set forth in this chapter.

5202.9

No Board member may serve if, during the member's tenure on the Board, he or she is convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an offense that would have been a felony if it had been committed in the District of Columbia.

5202.10

An employee shall promptly report to his or her immediate supervisor any attempt to direct or otherwise unlawfully influence t he discharge of that employee's official duties.

5202.11

A member of the Board or employee of the Board must refrain from acting on or discussing, formally or informally, a matter before the Board if the matter relates

to, or may personally or financially benefit, that Board member or employee, their immediate family, or a business with which they are associated.

5202.12

A member of the Board or employee of the Board must refrain from acting on or discussing, formally or informally, a matter before the Board if his or her impartiality might reasonably be questioned, including but not limited to circumstances where the Board member or employee:

(a) Personally and substantially participated in the matter;
(b) Is a material witness concerning the matter;
(c) Has material, personal knowledge about the matter;
(d) Has a personal bias or prejudice concerning a party or party's lawyer or representative; or
(e) Has made a public statement, other than in a Board proceeding or opinion, that commits or appears to commit the Board member or employee to reach a particular result or rule in a particular way in the matter.
5202.13

If a member of the Board must withdraw from a matter before the Board, that member shall make a statement at a public meeting of the Board identifying the reason or reasons for the withdrawal. If the matter relates to a nonpublic investigation, the name of the individual who is the subject of the investigation shall not be disclosed without the individual's consent.

5202.14

If an employee of the Board must withdraw from a matter before the Board, that employee shall notify the Director of Government Ethics, in writing, of the reason or reasons for the withdrawal.

5202.15

If the Director of Government Ethics must withdraw from a matter before the Board, the Director shall notify the Chairman of the Board, in writing, of the reason or reasons for the withdrawal.

D.C. Mun. Regs. tit. 3, r. 3-5202

Final Rulemaking published at 60 DCR 739 (January 25, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)
Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.)).