1304 PETITION BY ANC FOR DECLARATION OF VACANCY

1304.1 Absent a letter of resignation, if a vacancy occurs on an Advisory Neighborhood Commission, the affected Advisory Neighborhood Commission shall petition the Board by a resolution, signed by the Chairperson and secretary, to declare the vacancy.1304.2 Consideration of the resolution by the Advisory Neighborhood Commission shall be held at a public meeting of the Commission, where the Commissioner shall have an opportunity to rebut the alleged vacancy.1304.3 Prior to the public meeting, the Advisory Neighborhood Commission shall make a good faith effort to notify, in writing, the Commissioner who is the subject of the resolution.1304.4 Notice of the meeting shall be sent to the Commissioner not later than fifteen (15) days prior to the meeting by certified mail, return receipt requested, and shall provide that the Commissioner shall have an opportunity to rebut the alleged vacancy.1304.5 The resolution shall be a document, separate from all other papers, which states the reason for the vacancy. A separate resolution shall be required for each vacancy. (See Appendix 13-1.)1304.6 The resolution shall be accompanied by the following:- (a) The minutes of the meeting at which the resolution was adopted; and

- (b) A list of those attending the meeting.1304.7 A copy of the resolution and accompanying papers shall be sent to the following:- (a) The Board of Elections;

- (b) The Council of the District of Columbia;

- (c) The Mayor; and

- (d) The affected member of the Advisory Neighborhood Commission, if the vacancy is due to removal or ineligibility.1304.8 The Board shall post, by making available for public inspection, the resolution in the office of the Board for ten (10) working days, beginning on the third working day after receipt of the resolution.1304.9 Any qualified elector may, within the ten (10) day period, challenge the

validity of the resolution by a written statement, duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the resolution.

1304.10 Within three (3) working days of receipt of a challenge, the Board shall serve, in person or by certified mail, a copy of the challenge upon the Chairperson of the affected Advisory Neighborhood Commission.

1304.11 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than thirty (30) days after the challenge has been filed.

1304.12 If the Board upholds the validity of the resolution, it shall certify the resolution and forward a copy of the certification and the resolution, by personal service or certified mail, within three (3) working days, to the Chairperson of the respective Advisory Neighborhood Commission.

1304.13 If, at the expiration of the challenge period, no challenge has been filed with respect to the resolution, or if the resolution is challenged and its validity upheld, the Board shall certify the vacancy pursuant to § 1300.1.

1304.14 Within three (3) days after the announcement of the determination of the District of Columbia Board of Elections with respect to the validity of the resolution, either the challenger or the affected Single-Member District Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of the determination.

SOURCE: Final Rulemaking published at 43 DCR 1078, 1096-97 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013).