1548 CONFLICT OF INTEREST

1548.1 No former trustee and former staff shall knowingly act, for a period of two (2) years following the last day of a trustee's term or in the case of the Executive Director and General Counsel two years after their employment termination date, as agent or attorney for, or otherwise represent any other person or entity in any formal or informal appearance before the Board, or make any oral or written communication on behalf of any other person or entity with the intent to influence the Board in connection with any particular Board matter involving a specific party in which matter the former trustee or former staff member participated personally and substantially as a trustee or staff member.

1548.2 No former trustee and former staff shall, within two years after the termination of their service to the Board, knowingly act as agent or attorney for, or otherwise represent any other person or entity in any formal or informal appearance before the Board or make any oral or written communication on behalf of the Board or make with the intent to influence the Board in connection with any particular Board matter involving a specific party, if such matter was actually pending before the Board or under the staff member's official responsibility within a period of one year prior to the termination of the trustee's term or staff member's termination of responsibility

1548.3 No former trustee, Executive Director, or the General Counsel of the Board, for a period of two years following the last day of a trustee's term or in the case of the Executive Director and General Counsel two years after their employment termination date, shall knowingly act as agent or attorney for, or otherwise represent anyone in any formal or informal appearance before, or make any written or oral communication on behalf of anyone with the intent to influence the Board or any of its trustees, or employees in connection with any particular Board matter, whether or not involving a specific party, which is pending before the Board in which it has a direct and substantial interest.

1548.4 No former trustee, Executive Director, or the General Counsel of the Board, for a period of two years following the last day of a trustee's term or in the case of the Executive Director and General Counsel, one year after their employment termination date, shall knowingly represent or aid counsel, advise, consult, or assist in representing any other person by personal presence at any formal or informal appearance before the Board in connection with any particular Board matter involving a specific party in which matter the trustee, Executive Director or General Counsel had any degree of personal involvement.

1548.5 On receipt of information regarding a possible violation of this section and after a determination by the Board that such information appears substantiated, the Board may refer the matter to outside counsel for an independent determination of the violation. If Counsel finds that a violation has in fact occurred, the Board may:

(a) prohibit the individual, and the firm thereof, from appearing before the Board again; and/or

(b) take other actions consistent within the Board's delegated authorities and the laws of the District of Columbia and relevant Federal laws; and

(c) the Executive Director shall establish procedures to enforce this provision.

SOURCE: Notice of Final Rulemaking published at 49 DCR 10811 10812 (November 29, 2002).