3300 APPLICABILITY

3300.1 A conflict of interest shall occur when a public official exerts any "effort to realize personal gain", as defined in § 9900.1, through official conduct.

3300.2 The use of a government resource for a campaign-related purpose occurs when a person draws upon a service of the District of Columbia government for any campaign matter, pursuant to this title.

3300.3 For the purposes of conflict of interest, this chapter shall apply to the following public officials:

1. (a) Any candidate for nomination for election, or election, to public office, except the office of Advisory Neighborhood Commissioner, who, at the time of candidacy, who does not occupy any such office;
2. (b) All elected officials, except Advisory Neighborhood Commissioners;
3. (c) Members of specific boards and commissions, pursuant to the Act;
4. (d) Employees within the excepted and legal services, and paid at a rate of DS-13 or above;
5. (e) Employees within the management supervisory service and paid at a rate of MS-13, or above;
6. (f) Persons serving as subordinate agency heads pursuant to the Personnel Act; and
7. (g) Any other public official expressly subject to the financial disclosure provisions of the Act.

3300.4 For the purposes of the use of a government resource for a campaign-related purpose, this chapter shall apply to all persons.

3300.5 This chapter shall not prohibit a public official from voting on the following matters:

1. (a) One which affects a class of persons of fifty (50) or more of which the public official is a member, and the financial gain to be realized is de minimis;
2. (b) Compensation of the public official as authorized by law; and
3. (c) Elections laws.

3300.6 This chapter shall not apply to any person who registers as a lobbyist and engages in lobbying, pursuant to § 3100.

AUTHORITY: Unless otherwise noted, the authority for this chapter is subsections 301(a) and 302(a) of the District of Columbia Finance Reform and Conflict of Interest Act, Pub. L. No. 93-376, D.C. Code §§ 1-1103.01(a) and 1-1103.02(a) (2006 Repl.).

SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3191 (May 22, 1998); and further amended by Final Rulemaking published at 47 D.C. Reg. 2171, 2186 (March 24, 2000) and 53 D.C. Reg. 3234 (April 21, 2006).