§ 1–301.44c. Disclosure of information to the Council; District of Columbia Auditor; Ombudsperson for Children; conditions on disclosure.

(a) Notwithstanding any other provision of law, no document or information that the following persons or entities have requested for the purpose of performing their official duties shall be withheld by a subordinate or independent agency, instrumentality, board, or commission, or by an official or employee thereof, based upon a statutory or regulatory provision restricting or prohibiting disclosure to the general public:

(1) The Council;

(2) A Council committee;

(3) A member of the Council acting in an official capacity;

(4) The District of Columbia Auditor;

(5) An employee of the Office of the District of Columbia Auditor; or

(6) The Ombudsperson for Children or an employee of the Office of the Ombudsperson for Children.

(b) Documents or information obtained under subsection (a) of this section shall remain subject to the underlying statutory restrictions and shall not be disclosed to the public or any third party unless permitted by that statute.

(1) A District statute expressly prohibits disclosure of the information to the Council; or

(2) A federal law or regulation requires that the information be withheld from disclosure to the Council in such a manner that it leaves no discretion on the issue.

(d) Disclosure of documents or information under subsection (a) of this section shall not constitute a waiver of any privilege or exemption that otherwise could lawfully be asserted by the District of Columbia to prevent disclosure to the general public or in a judicial or administrative proceeding.

(July 24, 1982, D.C, Law 4-127, § 2a (renumbered); as added Mar. 11, 2010, D.C. Law 18-119, § 2, 57 DCR 906; renumbered as § 2c, Sept. 26, 2012, D.C. Law 19-171, § 7, 59 DCR 6190; Apr. 5, 2021, D.C. Law 23-270, § 205, 68 DCR 001510.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 redesignated D.C. Law 4-127, § 2a as D.C. Law 4-127, § 2c.

Applicability

Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the change made to this section by § 205 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.