Formal investigation

  1. Law
  2. District of Columbia Code
  3. Government Organization
  4. Ethics and Government Accountability
  5. Ethics Act
  6. Director of Government Ethics
  7. Formal investigation

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(a) A formal investigation shall be initiated upon:

(1) Receipt of a written complaint transmitted to the Board;

(2) A finding by the Office of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or

(3) A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of this subchapter.

(b) A written complaint shall include:

(1) The full name and address of the complainant and the respondent;

(2) A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of this subchapter;

(3) The complainant’s signature;

(4) A verification of the complaint under oath; and

(5) Supporting documentation, if any.

(c) No complaint may be made under this subchapter later than 5 years after the discovery of the alleged violation.

(d) An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with Chapter 6 of this title and subchapter XII of Chapter 2 of Title 2 [§ 2-223.01 et seq.].

(e) Within 30 business days of the initiation of a formal investigation, the Director of Government Ethics shall cause evidence concerning the complaint to be presented to the Board, with the potential for a 15-business-day extension to be granted by the Board. If the Board decides that there is reasonable belief that a violation has occurred, the Board may authorize the issuance of subpoenas.

(Apr. 27, 2012, D.C. Law 19-124, § 213, 59 DCR 1862; July 15, 2014, D.C. Law 20-122, § 2(e), 61 DCR 5688; Oct. 30, 2018, D.C. Law 22-168, § 1083(o), 65 DCR 9388.)

Section References

This section is referenced in § 1-1162.14.

Effect of Amendments

The 2014 amendment by D.C. Law 20-122, in (e), substituted “30 business days” for “15 business days” and added “with the potential for a 15-business-day extension to be granted by the Ethics Board.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1083(o) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1083(o) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(e) of the Comprehensive Code of Conduct and BEGA Emergency Amendment Act of 2014, (D.C. Act 20-323, Apr. 28, 2014, 61 DCR 4681).


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