D.C. Code § 50-204

Current through codified legislation effective September 18, 2024

Section 50-204 - Restrictions on the use of official vehicles

(a) Except as otherwise provided in this section, no officer or employee of the District may be provided with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this subsection, the term "official duties" shall not include travel between the officer's or employee's residence and workplace; except in the case of (1) an officer or employee of the Metropolitan Police Department who resides in the District or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the D.C. Fire and Emergency Medical Services Department who resides in the District and is on call 24 hours a day; (3) the Mayor; (4) the Chairman of the Council; (5) at the discretion of the Chief Medical Examiner, an employee of the Office of the Chief Medical Examiner who resides in the District and is on call 24 hours a day; (6) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District and is on call 24 hours a day; and (7) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District and is on call 24 hours a day.

(b)

(1) No officer or employee of the executive branch of the District government, except the Mayor, shall utilize the services of any District government employee for use as a chauffeur from residence to work or vice versa, unless such use is authorized first, in writing, by the Mayor. All such authorizations and the cost thereof shall be reported to the Council on a quarterly basis and made available on the Department of Public Works' website.

(2) No officer or employee of the executive branch of the District government, except the Mayor, shall utilize the services of any District government employee for use as a chauffeur during the work day unless such use is authorized in writing, by the appropriate agency head. All such authorizations and the cost thereof, shall be reported to the Council on a quarterly basis and made available to the public on the Department of Public Works' website.

(3) No District employee shall offer or accept, as a perquisite of employment in hiring or contract negotiation, an assigned chauffeur.

(c)

(1) The Director shall make available on the Department of Public Works' website an inventory of vehicles owned, leased, or otherwise controlled by the District government, or any of its entities, excluding vehicles falling under the guidelines of paragraph (4) of this subsection, as of the end of the fiscal year. The inventory shall be distributed to the Council and made available to the public on the Department of Public Works' website by December 15 of each year. The inventory shall be completed annually for each fiscal year ending on September 30 and shall be distributed to the Council and made available to the public on the Department of Public Works' website by December 15 of the next fiscal year.

(2) The inventory shall include the following for each vehicle:

(A) The agency to which it is assigned;

(B) Its year, make, and vehicle tag number;

(C) Its acquisition date and cost;

(D) Its general condition;

(E) Its annual operating and maintenance costs;

(F) Its approximate current mileage; and

(G) Whether it is allowed to be taken home by a District officer or employee and if so, the officer or employee's title and state of residence, and a written justification explaining the public interest served by allowing the employee to take a vehicle to the employee's residence.

(3) The Director shall update the inventory on a quarterly basis to reflect any changes in fleet composition resulting from vehicle acquisition through purchase, lease, or transfer or disposed of through sale, demolition, disposal, or transfer.

(4) The Metropolitan Police Department may submit, under separate seal, the total number and acquisition cost of vehicles used for undercover operations directly to the Chairman of the Council, the chair of the Council committee with oversight of the Metropolitan Police Department, and the chair of the Council committee with oversight of the Department of Public Works.

(d) [Repealed by 2020 Amendment.]

(e)

(1) Notwithstanding any other provision of this section, during an emergency declared pursuant to § 7-2304, the Mayor may authorize an officer or employee of the District of Columbia government to use an official vehicle; provided, that the officer or employee may use the official vehicle only in the performance of the officer's or employee's duties, to conduct official business, or to travel between the officer's or employee's residence and workplace when the use of an official vehicle is necessary for that officer or employee to assist the District in responding to an emergency.

(2) Authorization provided pursuant to this subsection shall expire concurrent with the end date of the declared emergency.

(3) No later than 30 days after the end date of a declared emergency, the Mayor shall submit to the Council a report listing the following information for each officer or employee whom the Mayor authorized to use an official vehicle pursuant to this subsection:

(A) The officer or employee's name;

(B) The officer or employee's title and agency;

(C) The length of time for which the officer or employee used an official vehicle; and

(D) A detailed justification of the necessity for the officer or employee to have access to and use an official vehicle.

D.C. Code § 50-204

Amended by D.C. Law 23-149,§ VII-H-7096, 67 DCR 10493, eff. 12/3/2020.

Oct. 19, 2000, D.C. Law 13-172, § 3602, 47 DCR 6308; Mar. 5, 2013, D.C. Law 19-223, § 201, 59 DCR 13537; Oct. 8, 2016, D.C. Law 21-160, § 1062, 63 DCR 10775.

Section 120 of Pub. L. 107-96 provided:

"(a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.-Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this paragraph, the term ~official duties' does not include travel between the officer's or employee's residence and workplace (except: (1) in the case of an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day; (3) the Mayor of the District of Columbia; and (4) the Chairman of the Council of the District of Columbia).

"(b) INVENTORY OF VEHICLES.-The Chief Financial Officer of the District of Columbia shall submit, by November 15, 2001, an inventory, as of September 30, 2001, of all vehicles owned, leased or operated by the District of Columbia government. The inventory shall include, but not be limited to, the department to which the vehicle is assigned; the year and make of the vehicle; the acquisition date and cost; the general condition of the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee's title and resident location.

"(c) No officer or employee of the District of Columbia government (including any independent agency of the District but excluding the Office of the Chief Technology Officer, the Chief Financial Officer of the District of Columbia, and the Metropolitan Police Department) may enter into an agreement in excess of $2,500 for the procurement of goods or services on behalf of any entity of the District government until the officer or employee has conducted an analysis of how the procurement of the goods and services involved under the applicable regulations and procedures of the District government would differ from the procurement of the goods and services involved under the Federal supply schedule and other applicable regulations and procedures of the General Services Administration, including an analysis of any differences in the costs to be incurred and the time required to obtain the goods or services."

Section 401 of D.C. Law 19-223 provided that §§ ,103, 105(c), and 201(d) of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan.

Section 401 of D.C. Law 19-223 provided that §§ ,101, 102, 104, 105(a), 105(b), 106, 107, 201(a), 201(b), 201(c), 202, 203, and 301 of the act shall apply as of Mar. 5, 2013.