D.C. Law 21-269. Advisory Neighborhood Commissions Omnibus Amendment Act of 2016.
AN ACT
To amend the Advisory Neighborhood Councils Act of 1975 to permit District government entities to provide electronic notice to Advisory Neighborhood Commissions ("ANCs") by default and first-class mail notice by request; to transfer duties related to ANC quarterly financial reports from the D.C. Auditor to the Office of Advisory Neighborhood Commissions to provide for 7-day advance publication of ANC meeting draft agendas; to provide that officer transition protocols and tiebreaking procedures shall be included in ANC bylaws; to stipulate that ANC committees are to be advisory only; to stipulate minimum duties for ANC officer positions; to require the Mayor to assist an ANC with locating office space in the ward of the ANC; to provide executive staff of District agencies, boards, and commissions with optional training on ANC procedures provided by the OANC; to require the Mayor to reimburse translation and interpretation service costs incurred by a Commission; to provide an online ANC portal for streamlined communication between ANCs and other government entities, viewable by the public; to require each ANC treasurer to maintain a publicly viewable and up-to-date treasurer's report; to clarify that the OANC is required to return an ANC's confiscated checkbook immediately upon receiving and approving any outstanding financial reports; to permit an ANC to provide up to $100 worth of food and nonalcoholic beverages at each public meeting for residents who attend; to permit ANCs to incur expenses for meals and personal subsistence items to the extent such purchases are for a public purpose or other specifically authorized purpose; to provide for certain ANC documents to be produced from templates created by the OANC; to limit overhead costs for any ANC grant to 15% of the total amount of the grant; to require each ANC grantee to give regular updates to the granting ANC on the use of grant funds; to authorize the OANC to prohibit ANC grants to any recipient that uses ANC grant money inconsistently with the grant agreement; to provide for reimbursement of Commissioners from ANC allotments for travel and childcare expenses incurred to carry out Commissioner duties; to clarify the ownership of records kept and items purchased by or on behalf of an ANC; to provide for additional and clarified responsibilities for the OANC; and to authorize the Office of Open Government to assist the OANC with Freedom of Information Act training and provide support in fulfilling FOIA requests.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Advisory Neighborhood Commissions Omnibus Amendment Act of 2016".
Sec. 2. The Advisory Neighborhood Commissions Act of 1975, effective October 10, 1975 (D.C. Law 1-21; D.C. Official Code § 1-309.01 et seq.), is amended as follows:
(a) Section 2(c) (D.C. Official Code § 1-309.01(c)) is amended as follows:
(1) New paragraphs (2A), (2B), and (2C) are added to read as follows:
"(2A) "Commissioner" means a member of an Advisory Neighborhood Commission.
"(2B) "Community" means those residents who reside within a Commission area.
"(2C) "DCAPA" means the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).".
(2) A new paragraph (5) is added to read as follows:
"(5) "OANC" means the Office of Advisory Neighborhood Commissions established by
(b) Section 5 (D.C. Official Code § 1-309.04) is amended by striking the phrase "Board of Elections and Ethics" and inserting the phrase "Board of Elections" in its place.
(c) Section 6(a)(1) (D.C. Official Code § 1-309.05(a)(1)) is amended as follows:
(1) Subparagraph (B) is amended by striking the word "and" at the end.
(2) Subparagraph (C) is amended by striking the phrase "office." and inserting the phrase "office; and" in its place.
(3) A new subparagraph (D) is added to read as follows:
"(D) Has not been convicted of a felony committed while serving as a Commissioner.".
(d) Section 8 (D.C. Official Code § 1-309.06) is amended by striking the phrase "Board of Elections and Ethics" wherever it appears and inserting the phrase "Board of Elections" in its place.
(e) Section 13 (D.C. Official Code § 1-309.10 is amended as follows:
(1) Subsection (a) is amended by striking the final sentence.
(2) Subsection (b) is amended by striking the first sentence and inserting the following sentence in its place: "The executive branch and any independent agency, board, or commission shall give 30-days written notice, excluding Saturdays, Sundays and legal holidays, of: (1) the intent to acquire an interest in real property, either through purchase or lease; or (2) the intent to change the use of property owned or leased by or on behalf of the government; to the OANC, each affected Commission, the Commissioner representing a single-member district affected by said actions, and to each affected Ward Councilmember, except where shorter notice on good cause made and published with the notice may be provided, or in the case of an emergency, and the notice shall be published in the District of Columbia Register.".
(3) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Strike the first sentence.
(ii) Strike the phrase "required in subsection (a)" and insert the phrase "required in subsection (b)" in its place.
(B) A new paragraph (1A) is added to read as follows:
"(1A) All notices transmitted pursuant to this section may be by electronic mail, unless otherwise provided by law, or unless the party to be noticed requests in writing to receive first-class mail notifications. Requests for first-class mail notification under this subsection shall be sent to the OANC, which shall forward the requests to all Advisory Neighborhood Commission Liaisons.".
(C) Paragraph (2)(A) is amended by striking the phrase "first class mail" and inserting the phrase "electronic mail, subject to paragraph (1A) of this subsection," in its place.
(D) Paragraph (3) is amended by striking the phrase "electronic or first-class mail; provided, that the notice to the affected Commission shall be by first-class mail unless the affected Commission agrees in writing to receive electronic mail notifications" and inserting the phrase "electronic mail, subject to paragraph (1A) of this subsection," in its place.
(E) Paragraph (4) is amended by striking the phrase "electronic or first-class mail; provided, that the notice to the affected Commission shall be by first-class mail unless the affected Commission agrees in writing to receive electronic mail notifications" and inserting the phrase "electronic mail, subject to paragraph (1A) of this subsection," in its place.
(4) Subsection (l) is amended by striking the phrase "District of Columbia Auditor" and inserting the acronym "OANC" in its place.
(5) A new subsection (n-1) is added to read as follows:
"(n-1) By December 1 of each year, each Commission shall publish an annual report or newsletter that summarizes the activities of the Commission in service to the community over the preceding 12 months, including a highlighting of key issues voted upon, comments submitted to District agencies, and issuance of community grants.".
(f) Section 14 (D.C. Official Code § 1-309.11) is amended as follows:
(1) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:
"(1A) A Commissioner must be physically present at a public meeting in order to participate in the meeting, including being counted toward the presence of a quorum and voting on matters before the Commission.".
(2) Subsection (c) is amended as follows:
(A) Strike the phrase ", individuals with official business before the Commission,".
(B) Strike the phrase "good cause" and insert the phrase "good cause articulated in the notice" in its place.
(3) New subsections (c-1) and (c-2) are added to read as follows:
"(c-1)(1) No fewer than 7 calendar days before any regular monthly public Commission meeting, the Commission shall:
"(A) Publish a draft agenda for the meeting via each website the Commission maintains; and
"(B) Transmit the draft agenda electronically to the OANC.
"(2) The Commission shall retain the right to modify the draft agenda for a public meeting as necessary following publication of the draft agenda; provided, that the Commission shall only discuss or take official action upon an item added to a draft agenda after initial publication pursuant to this subsection upon official approval of the addition of the item to the agenda by the Commission.
"(c-2) Any individual or entity whose property or business may be the subject of discussion or official action by a Commission may notify the Commission in writing that the individual or entity wishes to be directly contacted upon the placement of the property or business on a published draft agenda, and of the preferred method of contact. Any Commission so notified shall make a good-faith attempt to contact the notifying individual or entity in a timely manner, using the preferred method of contact specified, upon adding to a published draft agenda any matter directly pertaining to the property or business of the individual or entity.".
(4) Subsection (d)(1) is amended as follows:
(A) Subparagraph (I) is amended by striking the word "and" at the end.
(B) Subparagraph (J) is amended by striking the period at the end and inserting the phrase "; and" in its place.
(C) New subparagraphs (K) and (L) are added to read as follows:
"(K) Transition protocols for officer positions; and
"(L) A tiebreaking procedure for Commission officer elections.".
(5) Subsection (e) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) Each Commission shall elect from among its members at a public meeting of the Commission held in January of each year, a Chairperson, Vice-Chairperson, Secretary, and Treasurer. Each Commission may also elect any other officers that the Commission deems necessary. For each Commission officer election, the Commission shall nominate a non-Commissioner to count ballots for officer positions.".
(B) A new paragraph (1A) is added to read as follows:
"(1A)(A) The Chairperson shall serve as convener of the Commission and shall chair the Commission meetings.
"(B) The Vice-Chairperson shall fulfill the obligations of the Chairperson upon the absence, death, incapacitation, or resignation of the Chairperson.
"(C) The Secretary shall ensure that appropriate minutes of Commission meetings are kept and that appropriate notice of Commission meetings is provided in accordance with subsection (c) of this section. The Secretary shall ensure that Commission meeting agendas, minutes, and written recommendations for other government entities are electronically transmitted to the OANC upon their completion.
"(D) The Treasurer shall ensure that the responsibilities provided for in
"(E) The views or recommendations of each Commission shall be presented only by its officers, Commissioners, or representatives appointed by the Commission at a public meeting to represent the Commission's views on a particular issue or proposed action.".
(6) A new subsection (f-1) is added to read as follows:
"(f-1) Committees and task forces of a Commission shall be advisory only, except that a Commission may officially adopt committee or task force determinations. A Commission shall not delegate official decision-making authority to any committee or task force.".
(7) The lead-in language of subsection (g) is amended to read as follows:
"(g) Each Commission, including each committee of a Commission, shall be subject to the open meetings provisions of
(g) Section 15 (D.C. Official Code § 1-309.12) is amended as follows:
(1) Subsection (d) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "District of Columbia Auditor" and inserting the acronym "OANC" in its place.
(B) Paragraph (3) is amended as follows:
(i) Subparagraph (A) is repealed
(ii) New subparagraphs (C-i) and (C-ii) are added to read as follows:
"(C-i) Reimbursement of translation and interpretation service costs incurred by a Commission, for residents and Commissioners who require such services in relation to Commission documents or proceedings; provided, that applications for reimbursement under this subparagraph shall be submitted to OANC, using a form prescribed by the Mayor;
"(C-ii) Reimbursement to the Commission for the purchase or rental of assistive listening systems, as they are described in the 2010 Americans with Disabilities Act Standards for Accessible Design, Section 706 of Appendix D to 36 C.F.R. Part 1191, for use by hearing-impaired residents or Commissioners at Commission proceedings; provided, that applications for reimbursement under this subparagraph shall be submitted to OANC, using a form prescribed by the Mayor;".
(C) New paragraphs (4), (5), and (6) are added to read as follows:
"(4) The Office of the Attorney General for the District of Columbia shall provide legal interpretations of statutes concerning or affecting the Commissions, or of issues or concerns affecting the Commissions. These interpretations may be requested directly by any Commission or by the OANC.
"(5) Within 180 days after the effective date of the Advisory Neighborhood Commissions Omnibus Amendment Act of 2016, passed on 2nd reading on December 20, 2016 (Enrolled version of Bill 21-697), the Mayor shall provide the following:
"(A) An email address for each Commission Chairperson, including the word "chair" and the single-member district alphanumeric designation, correspondence to which shall automatically be directed to the government-provided single-member district email address of the Commission Chairperson.
"(B) An online Advisory Neighborhood Commissions Portal ("ANC Portal") where District agencies, boards, and commissions may post notices and documentation, Commissioners may post questions and comments, and agencies may respond to questions and comments posted by Commissioners. All content uploaded to the ANC Portal shall be accessible for viewing by the general public. Communications between government entities and Commissioners via the ANC Portal shall not be considered sufficient for meeting the requirements of
"(6) The District of Columbia Office of Open Government ("OOG") shall develop a training program and materials on the requirements of
(2) Subsection (f) is amended to read as follows:
"(f)(1) Each executive and independent agency, board, and commission of the District shall assign an individual to act as an Advisory Neighborhood Commission Liaison who shall serve as a designated contact for all Commissioners conducting official business with the government entity. The duties of the Advisory Neighborhood Commission Liaison shall include transmitting notice to Commissions pursuant to
"(2) The OANC shall maintain a list of Advisory Neighborhood Commission Liaisons.
"(3) The Mayor shall transmit to each Commission and the OANC the e-mail and telephone contact information for any newly designated Advisory Neighborhood Commission Liaison within 5 business days of the designation.".
(3) New subsections (g) and (h) are added to read as follows:
"(g) The Mayor shall provide informational materials to all newly hired or promoted District supervisory employees of the executive branch on the role of Advisory Neighborhood Commissions, and on their relationship to other government entities with which they interact. The materials shall cover the responsibilities of District agencies under
"(h) The OANC shall hold biannual training sessions on the responsibilities of District agencies with respect to Advisory Neighborhood Commissions, including those responsibilities under
(h) Section 16 (D.C. Official Code § 1-309.13) is amended as follows:
(1) A new subsection (c-1) is added to read as follows:
"(c-1) The treasurer of each Commission shall maintain an up-to-date treasurer's report that shall be available for any Commissioner or member of the public to review at each regular public Commission meeting.".
(2) Subsection (d)(2) is amended by striking the phrase "Corporation Counsel" and inserting the phrase "Office of the Attorney General for the District of Columbia" in its place.
(3) Subsection (f) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "without the specific authorization of the Commission" and inserting the phrase "without the specific authorization of the Commission, except for reimbursements approved by the Commission treasurer under subsection (l-1) of this section" in its place.
(B) Paragraph (2)(B) is amended to read as follows:
"(B) Before signature, the check shall contain:
"(i) The date of payment;
"(ii) The name of the payee;
"(iii) The amount of the payment; and
"(iv) A note describing the purpose of the payment.".
(4) Subsection (g) is amended as follows:
(A) Strike the phrase "Corporation Counsel" and insert the phrase "Office of the Attorney General for the District of Columbia" in its place.
(B) Strike the word "Auditor" and insert the acronym "OANC" in its place.
(5) Subsection (j) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Strike the word "Auditor" wherever it appears and insert the acronym "OANC" in its place.
(ii) Strike the word "Auditor's" and insert the acronym "OANC's" in its place.
(B) Paragraph (2) is amended as follows:
(i) Strike the word "Auditor" wherever it appears and insert the acronym "OANC" in its place.
(ii) Insert the sentence "Upon receiving and approving all outstanding quarterly financial reports from the Commission, the OANC shall immediately return the checkbook to the Commission." before the last sentence.
(6) Subsection (l) is amended as follows:
(A) Paragraph (1) is amended by:
(i) Striking the phrase "and nominal refreshments at Commission meetings" and inserting the phrase "legal expenses for Commission representation by an attorney licensed in the District before an agency, board, or commission of the District government, and nominal refreshments at Commission meetings" in its place.
(ii) Striking the sentence "Expenditures may be in the form of grants by the Commission for public purposes within the Commission area pursuant to subsection (m) of this section." and inserting the sentences "Nominal refreshments shall be limited to $100 worth of food and nonalcoholic beverages per regular public Commission meeting, and any refreshments purchased shall be available to the public. Expenditures may be in the form of grants by the Commission for public purposes within the Commission area pursuant to subsection (m) of this section. A public purpose shall be a purpose that benefits the community as a whole and is not done for the primary purpose of benefitting a private entity." in its place.
(iii) Adding after the final sentence the following: "Where a Commissioner submits a complete and valid application for reimbursement for travel or childcare expenses under subsection (l-1) of this section, a Commission shall reimburse that Commissioner for all requested expenses for which the Commissioner qualifies under subsection (l-1).".
(B) Paragraph (2) is amended to read as follows:
"(2) No Commission may expend funds except as authorized under
(C) A new paragraph (3) is added to read as follows:
"(3) Commissions shall use staff payroll forms provided by the OANC.".
(7) A new subsection (l-1) is added to read as follows:
"(l-1)(1) A Commission shall expend funds to reimburse any Commissioner who submits a complete application for reimbursement from the Commission allotment for qualifying travel or childcare expenses incurred to carry out qualifying official duties of the Commissioner in accordance with this subsection; provided, that the maximum total reimbursement that any individual Commissioner may receive under this subsection in a single calendar year shall be $500.
"(2) An application for reimbursement shall be completed using a form created by the OANC, which shall be available to individual Commissioners upon request, and which shall indicate any attachments required to demonstrate that the expense qualifies under this subsection. A Commission Treasurer shall not approve the release of Commission funds under this subsection except where the application for reimbursement meets all requirements under this subsection. To qualify for reimbursement under this subsection, a Commissioner shall submit an application within 30 days of incurring the relevant expense. Upon approving an application for reimbursement under this subsection, the Commission Treasurer shall electronically transmit the application to the OANC, which shall maintain electronic copies of all applications. The Commission Treasurer shall ensure that applications submitted under this subsection are included in quarterly financial reports of the Commission prepared pursuant to subsection (j) of this section.
"(3) For the purposes of this subsection, the term:
"(A) "Qualifying official duties" shall be limited to the following:
"(i) Attending regular and special public meetings of the Commission on which the Commissioner sits;
"(ii) Delivering official testimony on behalf of the Commission as a whole, or a committee of the Commission at an official proceeding of any agency, board, or commission within the District government that receives public testimony, or before the Council;
"(iii) Attending meetings of a Commission committee on which the Commissioner sits;
"(iv) Traveling to and from the offices of government entities in order to participate in meetings on behalf of the Commission; and
"(v) Attending training provided under
"(B) "Qualifying travel or childcare expenses" shall be limited to the following, to the extent they are incurred to perform qualifying official duties under this subsection:
"(i) Expenses for public transportation provided by the Washington Metropolitan Area Transit Authority; and
"(ii) Expenses charged to the Commissioner for childcare services that comply with all licensing requirements of the Office of the State Superintendent of Education.".
(8) Subsection (m) is amended as follows:
(A) Paragraph (2) is amended to read as follows:
"(2) An applicant for a grant shall submit an application in writing to the Commission and to the OANC. The application shall be in the form of a template designed by the OANC, and shall contain:
"(A) A description of the proposed project for which the grant is requested;
"(B) A statement of expected public benefits;
"(C) The total cost of the proposed project, including other sources of funding, if any; and
"(D) An accounting by the grantees of the expected overhead costs the grantees will incur in carrying out the grant. No Commission shall provide a grant for which the grantee estimates that the overhead costs would exceed 15% of the entire grant amount.".
(B) Paragraph (3) is amended to read as follows:
"(3) Within 60 days following the issuance of a grant, and every 90 days thereafter during the life of the grant, the grant recipient shall forward to the Commission and the OANC a statement as to the use of the funds consistent with the grant application, complete with receipts that support the expenditures. The OANC:
"(A) May prohibit all Commissions from providing a grant to any past grant recipient that used grant funds contrary to the associated grant agreement; and
"(B) Shall maintain a list, available to any Commissioner upon request, of prohibited grantees identified pursuant to subparagraph (A) of this paragraph.".
(9) Subsection (q) is amended by striking the phrase "may seek to reprogram funds" and inserting the phrase "shall assist the Commission in locating appropriate office space in the ward in which the Commission is located, and may seek to reprogram funds" in its place.
(10) New subsections (r) and (s) are added to read as follows:
"(r) Any document created by requirement of
"(s) Commissioners shall attend at least one training session per year conducted by the OANC pursuant to
(i) Section 18 (D.C. Official Code § 1-309.15) is amended to read as follows:
"Sec. 18. Office of Advisory Neighborhood Commissions; appointment of Executive Director.
"(a) There is hereby established an Office of Advisory Neighborhood Commissions to provide technical, administrative, and financial reporting assistance to the Advisory Neighborhood Commissions. Subject to appropriations beginning in Fiscal Year 2001, the OANC shall be funded by an annual budget allocation. The OANC is intended to support the efforts of Advisory Neighborhood Commissions, review Commission quarterly financial reports, and approve or disapprove the release of Commission quarterly allotments pursuant to
"(b) The OANC shall be headed by an Executive Director who shall be appointed by the Council.
"(c) The duties of the OANC shall include:
"(1) Developing and implementing new programming and services to assist Commissioners in serving District residents;
"(2) Responding to requests from Commissioners in a timely manner and acting upon those requests in a timely manner;
"(3) Organizing and overseeing a task force of Commissioners every 2 years, charged with assisting the OANC in updating the ANC Handbook;
"(4) Coordinating with the Office of Open Government ("OOG") to maintain and improve public transparency, including coordinating with OOG to assist Commissions in fulfilling Freedom of Information Act ("FOIA") requests;
"(5) Developing and directing no fewer than 2 training sessions for Commissioners per year, one of which shall take place no later than January 31 of each year, which shall include information on the statutory mandates and responsibilities of Commissions, Robert's Rules of Order, conflict resolution, and any training or informational material provided by OOG concerning Commission duties related to FOIA;
"(6) Creating, updating, and distributing to all Commissions templates for bylaws;
"(7) Creating and updating templates for staff payroll forms, grant applications, and expense reimbursement applications, and distributing those templates to all Commissions;
"(8) Increasing public awareness of the work of the Advisory Neighborhood Commissions;
"(9) Providing Commissioners with technical assistance related to government email accounts;
"(10) Creating a standard Advisory Neighborhood Commissions logo that Commissions may use on official documents and materials;
"(11) Serving as the primary source of advice for Commissioners with respect to their official statutory responsibilities;
"(12) Providing electronic or in-person briefings, as requested by a Commission, on legislation under review by the Council, using OANC personnel or through coordination with Council staff, as necessary;
"(13) Advising Commissions on judicial and administrative decisions particularly affecting Commission duties or activities, and seeking advice from the Office of the Attorney General for the District of Columbia on behalf of Commissions, where necessary and appropriate;
"(14) Advocating on behalf of Commissions with respect to District agencies;
"(15) Providing technical assistance, as needed, to Councilmembers, and committees and staff of the Council with respect to Commission matters; and
"(16)
Reviewing Commission quarterly financial reports, and approving or disapproving the release of Commission quarterly allotments pursuant to
"(d) Funds may be transferred from the OANC through an intra-District transfer for the operations of the OANC.
"(e) The OANC may issue rules to implement the provisions of this section.".
Sec. 3. Applicability.
(a) Except as provided in subsection (d) of this section, this act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
(d) Section 2(g)(1)(A), (h)(4)(B), (h)(5)(A), (h)(7), (h)(8), and (i) shall apply on April 1st, 2017.
Sec. 4. Rules.
Within 180 days after the effective date of this act, the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
