(a) The Board shall consist of 5 members, no more than 3 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 6 years, except the members first appointed. Of the members first appointed, one member shall be appointed to serve for a 2-year term, 2 members shall be appointed to serve for a 4-year term, and 2 members shall be appointed to serve for a 6-year term, as designated by the Mayor. The terms of the 5 initial members shall begin on July 1, 2012.
(b)(1) The Mayor shall submit a nomination for membership on the Board to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination, by resolution, within the 90-day review period, the nomination shall be deemed disapproved.
(2) Within 45 days of April 27, 2012, the Mayor shall submit to the Council for its review pursuant to paragraph (1) of this subsection the nominations for initial appointment to the Board.
(c) The Mayor shall designate the Board's Chairperson.
(d) Any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of the member whose vacancy he or she is filling. The terms of the 5 initial members shall begin on July 1, 2012.
(e) A vacancy shall be noticed in the District of Columbia Register.
(f) A member may be reappointed, and, if not reappointed, the member may serve until the member’s successor has been appointed and approved.
(g)(1) When appointing and confirming a member of the Board, the Mayor and Council shall consider whether the individual:
(A) Possesses demonstrated integrity, independence, and public credibility; and
(B) Has particular knowledge, training, or experience in government ethics or in open government and transparency.
(2) At least one member of the Board shall have particular experience in open government and transparency.
(h) A person shall not be a member of the Board unless he or she:
(1) Is a duly registered voter;
(2) Has resided in the District continuously since the beginning of the one-year period ending on the day he or she is appointed; and
(3) Holds no other office or employment in the District government.
(i) [A] Board member shall not:
(1) Act as a leader or hold any office in a District political organization;
(2) Make speeches for a District political organization or candidate, or publicly endorse or oppose a District of Columbia candidate for public office;
(3) Solicit funds for, pay an assessment to, or make a contribution to a District political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a District of Columbia political organization or candidate;
(4) Be a lobbyist;
(5) Use his or her status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Board’s purview; or
(6) During the member’s tenure on the Board, be convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an offense that would have been a felony if it had been committed in the District of Columbia.
(j) A member of the Board may be removed for good cause, including engaging in any activity prohibited by subsections (h) or (i) of this section, in accordance with the following procedure:
(1) When the Mayor believes that there is good cause to remove a member, the Mayor shall notify the member in writing by personal service or by certified or registered mail, setting out the alleged cause and advising the member that he or she has 7 days in which to request a hearing before the Council.
(2) If the member fails to request a hearing within 7 days after receiving the notice, the Mayor may remove the member and appoint a new member to serve until the expiration of the term of the member removed.
(3) If within 7 days of receiving notice from the Mayor, the member requests a hearing, the Mayor shall promptly notify the Council, and the Council shall convene the hearing within 30 calendar days after receiving notice from the Mayor that a member has requested a hearing.
(4) At the conclusion of the hearing, the Council shall vote on whether to remove the member. If 2/3rds of the Council votes to remove a member, the member shall be removed and the Mayor shall appoint a new member to serve until the expiration of the term of the member removed.
(5) If less than 2/3rds of the Council votes to remove a member, the member shall not be removed.
(Apr. 27, 2012, D.C. Law 19-124, § 203, 59 DCR 1862; Oct. 22, 2015, D.C. Law 21-36, § 1082, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 1012(a), 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 1083(c), 65 DCR 9388.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36, in (a), substituted “5 members, no more than 3 of whom” for “3 members, no more than 2 of whom” in the first sentence, substituted “one member shall be appointed to serve for a 2-year term, 2 members shall be appointed to serve for a 4-year term, and 2 members shall be appointed to serve for a 6-year term” for “one member shall be appointed to serve for a 2-year term, one member shall be appointed to serve for a 4-year term, and one member shall be appointed to serve for a 6-year term” in the third sentence, and added the last sentence.
For temporary (90 days) amendment of this section, see § 1082 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).