3301 PROHIBITED CONDUCT

3301.1 A public officials shall be prohibited from using their official position to obtain financial gain, other than that compensation provided by law for the public official, for the following:- (a) The public official;

- (b) Any member of the public official's household; or

- (c) Any business with which the public official or a member of the public official's household is associated.3301.2 A person shall be prohibited from offering, and a public official, or any member of a public official's household, shall be prohibited from receiving anything of value, based on the following:- (a) Any understanding that the actions, judgment or vote of the public official would be influenced;

- (b) Any reasonable inference that the thing of value would influence the public official in the discharge of his or her duties; or

- (c) As a reward, except for political contributions publicly reported under Chapter 30 of this Title or transactions made in the ordinary course of business of the offeror.3301.3 A person shall be prohibited from offering, and a public official shall be prohibited from soliciting or receiving any money for advice or assistance given in the course of or relating to the public official's employment, in addition to those monies lawfully received by the public official in the public official's entrusted position.3301.4 A public official shall be prohibited from disclosing confidential information given in the course of or because of the entrusted position or activities of the public official which could result in financial gain for the public official or for any other person.3301.5 A member or employee of the Council or the State Board of Education shall be prohibited from accepting an assignment to serve on a committee if its jurisdiction consists of matters in which the public official, a member of the public official's family, or any business with which the public official is associated, has any financial interest.3301.6 The Mayor and each member of the Council shall be prohibited from representing another person before any regulatory agency or District of Columbia Court while serving in office, except under the following circumstances:- (a) The public official appears before the regulatory agency or District of

Columbia Court in their official capacity; or

(b) A member of the Council (excluding the Chairman) licensed to practice law, appears before any court or non-District of Columbia regulatory agency in any matter which does not affect their official position.

3301.7 Members of boards and commissions are prohibited from appointing the following:- (a) A member from their respective board or commission to any paid office or position under the supervision of their respective board or commission; and

- (b) A former member from their respective board or commission to any paid office or position under the supervision of their respective board or commission; provided, that at least 45 days have elapsed since the termination of service to the board of commission by the former member, and the former member has followed the hiring procedures required of other applicants for the paid office or position.3301.8 District of Columbia Government resources shall be prohibited from use to support or oppose any of the following:- (a) A candidate for elected office, whether partisan or nonpartisan; or

- (b) An initiative, referendum, or recall measure, or a charter amendment referendum.3301.9 Resources of the District of Columbia Government shall include, but not be limited to, the following:- (a) The personal services of employees during their hours of work; and

- (b) Nonpersonal services.3301.10 Nonpersonal services shall include, but not be limited to, the following:- (a) Supplies;

- (b) Materials;

- (c) Equipment;

- (d) Office space;

- (e) Facilities; and

- (f) Utilities, for example, telephone, gas and electric services.3301.11 The following public officials may express their views on a District of

Columbia election, as part of their official duties:

(a) The Mayor;

(b) The Chairman of the Council;

(c) Each Member of the Council;

(d) The President of the State Board of Education; and

(e) Each Member of the State Board of Education.

3301.12 A public official shall not act on, or decide, any matter in which there is conflict or a potential conflict, created by their financial, personal, family, business, or client interest.

SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3191-93 (May 22, 1998); as amended by Final Rulemaking published at 53 D.C. Reg. 3233-3237 (April 21, 2006); and as amended by Final Rulemaking published at 57 D.C. Reg. 2263, 2264 (March 19, 2010).