Code of the District of Columbia

Part A. The Council.


Subpart 1. Creation of the Council.

§ 1–204.01. Creation and membership.

(a) There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualified electors of the District.

(b)(1) The Council established under subsection (a) of this section shall consist of 13 members elected on a partisan basis. The Chairman and 4 members shall be elected at large in the District, and 8 members shall be elected 1 each from the 8 election wards established, from time to time, under Chapter 10 of this title. The term of office of the members of the Council shall be 4 years, except as provided in paragraph (3) of this subsection, and shall begin at noon on January 2nd of the year following their election.

(2) In the case of the first election held for the office of member of the Council after January 2, 1975, not more than 2 of the at-large members (excluding the Chairman) shall be nominated by the same political party. Thereafter, a political party may nominate a number of candidates for the office of at-large member of the Council equal to 1 less than the total number of at-large members (excluding the Chairman) to be elected in such election.

(3) To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections and Ethics certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman.

(4) Of the members first elected after January 2, 1975, the Chairman and 2 members elected at large and 4 of the members elected from election wards shall serve for 4-year terms; and 2 of the at-large members and 4 of the members elected from election wards shall serve for 2-year terms. The members to serve the 4-year terms and the members to serve the 2-year terms shall be determined by the Board of Elections and Ethics by lot, except that not more than one of the at-large members nominated by any political party shall serve for any such 4-year term.

(c) The Council may establish and select such other officers and employees as it deems necessary and appropriate to carry out the functions of the Council.

(d)(1) In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected as a member to fill a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred.

(2) In the event of a vacancy in the Office of Mayor, and if the Chairman becomes a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed vacant as of the date of the filing of his candidacy. In the event of a vacancy in the Council of a member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a political party, the central committee of such political party shall appoint a person to fill such vacancy, until the Board of Elections and Ethics can hold a special election to fill such vacancy, and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person appointed to fill such vacancy shall take office on the date of his appointment and shall serve as a member of the Council until the day on which the Board certifies the election of the member elected to fill such vacancy in either a special election or a general election. The person elected as a member to fill such a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. With respect to a vacancy on the Council of a member elected at large who is not affiliated with any political party, the Council shall appoint a similarly non-affiliated person to fill such vacancy until such vacancy can be filled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take office and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party.

(3) Notwithstanding any other provision of this section, at no time shall there be more than 3 members (including the Chairman) serving at large on the Council who are affiliated with the same political party.

(e)(1) By a 5/6 vote of its members, the Council may adopt a resolution of expulsion if it finds, based on substantial evidence, that a member of the Council took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct. Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used in cases in which the Council determines that the violation of law committed by a member is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official member duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office.

(2) The Council shall include in its Rules of Organization procedures for investigation, and consideration of, the expulsion of a member.


(Dec. 24, 1973, 87 Stat. 785, Pub. L. 93-198, title IV, § 401; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(2); July 18, 2012, 126 Stat. 1133, Pub. L. 112-145, § 2(a); July 31, 2013, D.C. Law 19-124A, § 401(a), 59 DCR 1862.)

Prior Codifications

1981 Ed., § 1-221.

1973 Ed., § 1-141.

Section References

This section is referenced in § 1-203.03, § 1-204.114, § 1-207.71, § 1-301.47, § 1-603.01, § 1-1001.17, § 2-502, § 2-601, § 2-1401.02, § 38-1201.03, § 38-1800.02, § 39-202, § 47-802, and § 47-1401.

Effect of Amendments

Pub. L. 112-145, in subsec. (b)(3), rewrote the first sentence, which had read: “To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph.”; in subsec. (d)(1), rewrote the first sentence which had read: “In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections and Ethics shall hold a special election in such ward to fill such vacancy on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this subsection.”; and, in the second sentence of subsec. (d)(2), substituted “and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation.” for “and such special election shall be held on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise be held under the provisions of this subsection.”

The 2013 amendment by D.C. Law 19-124A added (e).

Cross References

Elected officials, use of official mail, see § 2-701 et seq.

Elections, recall of elected officials, see § 1-1001.17.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 2(a), 3 of Special Election Reform Charter Emergency Amendment Act of 2010 (D.C. Act 18-591, November 3, 2010, 57 DCR 10470).

For temporary (90 day) addition of section, see § 3 of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 2(a) of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 301(a) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Temporary Legislation

Section 2(a) of D.C. Law 18-301, in subsecs. (b) and (d), substituted “more than seventy days” for “more than one hundred fourteen days” wherever it appears.

Section 3 of D.C. Law 18-301 provided that this act shall apply upon enactment by Congress.

Section 5(b) of D.C. Law 18-301 provided that the act shall expire after 225 days of its having taken effect.

Effective Dates

Section 3 of Pub. L. 112-145 provided: “Sec. 3. Effective Date. The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act.”

Section 601(j) of D.C. Law 19-124 provided: “(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03).”

Section 601(j) of D.C. Law 19-124 contained an applicability clause for title IV of the Act that stated that title IV, containing section 401, would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.

Section 702(b) of D.C. Law 19-124 provided that § 401 of the act would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.

D.C. Law 19-124 became effective on April 27, 2012. Section 401 of that law was ratified by the electors of the District of Columbia in a general and special election held on November 6, 2012, and certified by the District of Columbia Board of Elections on November 29, 2012. Section 401 became effective as law on July 31, 2013, following 35 days of congressional review and assigned Law Number 19-124A. D.C. Law 19-124A, § 401 amended sections 401, 402, and 421 of the District of Columbia Home Rule Act (D.C. Official Code §§ 1-204.01, 1-204.02, and 1-204.21).

Editor's Notes

Section 2 of D.C. Law 17-156 amended this section subject to congressional enactment. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Applicability of D.C. Law 19-124, § 401: Section 601(j) of D.C. Law 19-124 provided that Title IV of the act shall apply on its effective date as provided in § 1-203.03; in other words, that D.C. Law 19-124, § 401 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.


§ 1–204.02. Qualifications for holding office.

No person shall hold the office of member of the Council, including the Office of Chairman, unless he: (1) Is a qualified elector; (2) is domiciled in the District and if he is nominated for election from a particular ward, resides in the ward from which he is nominated; (3) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for such office is to be held; (4) has not been convicted of a felony while holding the office; and (5) holds no public office (other than his employment in and position as a member of the Council), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while a member of the Council, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. A member of the Council shall forfeit his office upon failure to maintain the qualifications required by this section, and, in the case of the Chairman, § 1-204.03(c).


(Dec. 24, 1973, 87 Stat. 786, Pub. L. 93-198, title IV, § 402; July 31, 2013, D.C. Law 19-124A, § 401(b), 59 DCR 1862.)

Prior Codifications

1981 Ed., § 1-225.

1973 Ed., § 1-142.

Effect of Amendments

The 2013 amendment by D.C. Law 19-124A added “has not been convicted of a felony while holding the office” and made related changes.

Emergency Legislation

For temporary (90 day) amendment of section, see § 301(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Effective Dates

Section 601(j) of D.C. Law 19-124 provided: “(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03).”

Section 601(j) of D.C. Law 19-124 contained an applicability clause for title IV of the Act that stated that title IV, containing section 401, would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.

Section 702(b) of D.C. Law 19-124 provided that § 401 of the act would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.

D.C. Law 19-124 became effective on April 27, 2012. Section 401 of that law was ratified by the electors of the District of Columbia in a general and special election held on November 6, 2012, and certified by the District of Columbia Board of Elections on November 29, 2012. Section 401 became effective as law on July 31, 2013, following 35 days of congressional review and assigned Law Number 19-124A. D.C. Law 19-124A, § 401 amended sections 401, 402, and 421 of the District of Columbia Home Rule Act (D.C. Official Code §§ 1-204.01, 1-204.02, and 1-204.21).

Editor's Notes

Applicability of D.C. Law 19-124, § 401: Section 601(j) of D.C. Law 19-124 provided that Title IV of the act shall apply on its effective date as provided in § 1-203.03; in other words, that D.C. Law 19-124, § 401 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and following 35 days of congressional review.


§ 1–204.03. Compensation.

(a) Each member of the Council shall receive compensation, payable in periodic installments, at a rate equal to the maximum rate as may be established from time to time for grade 12 of the General Schedule under § 5332 of Title 5 of the United States Code. On and after the end of the 2-year period beginning on the day the members of the Council first elected under this chapter take office, the Council may, by act, increase or decrease such rate of compensation. Such change in compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of members of the Council beginning after the date of enactment of such change.

(b) All members of the Council shall receive additional allowances for actual and necessary expenses incurred in the performance of their duties of office as may be approved by the Council.

(c) The Chairman shall not engage in any employment (whether as an employee or as a self-employed individual) or hold any position (other than his position as Chairman), for which he is compensated in an amount in excess of his actual expenses in connection therewith.

(d) Notwithstanding subsection (a), as of December 21, 2001, the Chairman shall receive compensation, payable in equal installments, at a rate equal to $10,000 less than the annual compensation of the Mayor.


(Dec. 24, 1973, 87 Stat. 787, Pub. L. 93-198, title IV, § 403; Dec. 21, 2001, 107 Stat. 957, Pub. L. 107-96, § 136.)

Prior Codifications

1981 Ed., § 1-226.

1973 Ed., § 1-143.

Section References

This section is referenced in § 1-123, § 1-204.02, § 1-301.85, § 1-602.02, § 1-611.09, and § 1-611.54.

Effect of Amendments

Pub. L. 107-96, in subsec. (c), deleted “shall receive, in addition to the compensation to which he is entitled as a member of the Council, $10,000 per annum, payable in equal installments, for each year he serves as Chairman, but the Chairman” preceding “shall not engage”; and added subsec. (d).

Cross References

Campaign finance, see § 1-1101.01 et seq.

Compensation of Mayor and councilmembers, see § 1-611.09.

Merit system, coverage and limitations, see § 1-602.02.

Editor's Notes

Request for Congressional action: Pursuant to § 5 of D.C. Law 10-168 and § 5 of D.C. Law 10-225 the Council requested that the United States Congress enact legislation to repeal subsection (c) of this section.


§ 1–204.04. Powers of the Council.

(a) Subject to the limitations specified in §§ 1-206.01 to 1-206.04, the legislative power granted to the District by this chapter is vested in and shall be exercised by the Council in accordance with this chapter. In addition, except as otherwise provided in this chapter, all functions granted to or imposed upon, or vested in or transferred to the District of Columbia Council, as established by Reorganization Plan No. 3 of 1967, shall be carried out by the Council in accordance with the provisions of this chapter.

(b) The Council shall have authority to create, abolish, or organize any office, agency, department, or instrumentality of the government of the District and to define the powers, duties, and responsibilities of any such office, agency, department, or instrumentality.

(c) The Council shall adopt and publish rules of procedures which shall include provisions for adequate public notification of intended actions of the Council.

(d) Every act shall be published and codified upon becoming law as the Council may direct.

(e) An act passed by the Council shall be presented by the Chairman of the Council to the Mayor, who shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after the act is presented to him, either approve or disapprove such act. If the Mayor shall approve such act, he shall indicate the same by affixing his signature thereto, and such act shall become law subject to the provisions of § 1-206.02(c). If the Mayor shall disapprove such act, he shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after it is presented to him, return such act to the Council setting forth in writing his reasons for such disapproval. If any act so passed shall not be returned to the Council by the Mayor within 10 calendar days after it shall have been presented to him, the Mayor shall be deemed to have approved it, and such act shall become law subject to the provisions of § 1-206.02(c) unless the Council by a recess of 10 days or more prevents its return, in which case it shall not become law. If, within 30 calendar days after an act has been timely returned by the Mayor to the Council with his disapproval, two-thirds of the members of the Council present and voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of § 1-206.02(c).

(f) In the case of any budget act adopted by the Council pursuant to § 1-204.46 and submitted to the Mayor in accordance with subsection (e) of this section, the Mayor shall have power to disapprove any items or provisions, or both, of such act and approve the remainder. In any case in which the Mayor so disapproves of any item or provision, he shall append to the act when he signs it a statement of the item or provision which he disapproves, and shall, within such 10-day period, return a copy of the act and statement with his objections to the Council. If, within 30 calendar days after any such item or provision so disapproved has been timely returned by the Mayor to the Council, two-thirds of the members of the Council present and voting vote to reenact any such item or provision, such item or provision so reenacted shall be incorporated in the budget act and become law subject to the provisions of § 1-206.02(c). In any case in which the Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor shall be deemed to have approved such item or provision not returned, and such item or provision not returned shall be incorporated in the budget act and become law subject to the provisions of § 1-206.02(c). In the case of any budget act for a fiscal year which is a control year (as defined in § 47-393(4)), this subsection shall apply as if the reference in the second sentence to “ten-day period” were a reference to “five-day period” and the reference in the third sentence to “thirty calendar days” were a reference to “5 calendar days.”


(Dec. 24, 1973, 87 Stat. 787, Pub. L. 93-198, title IV, § 404; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526; Apr. 17, 1995, 109 Stat. 116, Pub. L. 104-8, § 202(f)(2); July 25, 2013, D.C. Law 19-321, § 2(b), 60 DCR 1724.)

Prior Codifications

1981 Ed., § 1-227.

1973 Ed., § 1-144.

Section References

This section is referenced in § 1-202.02, § 1-204.102, § 1-207.12, § 1-301.191, § 1-1001.16, § 1-1401, § 2-218.11, § 2-218.21, § 2-219.33, § 2-1203.01, § 2-1411.01, § 2-1411.06, § 2-1515.02, § 3-603, § 6-623.03, § 7-761.03, § 7-771.02, § 8-151.03, § 10-166, § 10-1301, § 31-1202, § 38-171, § 38-191, § 38-1208.02, § 39-201, § 47-392.02, § 47-392.08, § 50-901, and § 50-921.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-321 substituted “incorporated in the budget act and become law subject to the provisions of § 1-206.02(c)” for “transmitted by the Chairman to the President of the United States” twice in (f).

Cross References

Acts and resolutions, effectiveness, publication prerequisite, see § 2-602.

Boxing and wrestling commission, statement of authority, see § 3-603.

Budget and financial management, review of financial plan, see § 47-392.02.

Budget and financial management, special rules for fiscal year 1996, see § 47-392.08.

Commission on the arts and humanities, authorization, see § 39-201.

Council, authority over elections, see § 1-207.52.

Department of administrative services and related agencies, transfer of functions to Council, see § 10-1301.

Department of human rights and local business development, abolishment, see § 2-1411.06.

Department of insurance and securities regulation, establishment, see § 31-102.

Department of motor vehicles, establishment, see § 50-901.

Economic development liaison office, establishment, see § 2-1203.01.

Initiative and referendum process, see § 1-1001.16.

Insurance regulatory trust fund, establishment, see § 31-1202.

National capital housing authority, creation, see § 1-202.02.

Office of chief technology officer, establishment, see § 1-1401.

Office of economic development, transfer of authority to board of corporation, see § 2-1219.29.

Office of human rights, establishment, see § 2-1411.01.

Office of property management, establishment, see § 10-1001.

Office of zoning, powers and duties, see § 6-623.03.

Open meetings, availability of written transcripts, see § 1-207.42.

Public acts and resolutions, publication requirements, see § 2-602.

Public space park areas, transfer of jurisdiction to department of recreation, see § 10-166.

Transitional council and offices, delegation and transfer of functions, see § 1-207.12.

Washington convention center, board of directors, powers and duties, see § 10-1212.

Emergency Legislation

For temporary enactment of reorganization plan to consolidate all psychiatric services provided to inmates at the D.C. Jail and the Lorton Correctional Facility within the DOC, see § 3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1997 (D.C. Act 12-57, March 31, 1997, 44 DCR 2226), and see § 3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1997 (D.C. Act 12-201, December 10, 1997, 44 DCR 7600).

For temporary transfer of the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections, see § 2 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1997 (D.C. Act 12-57, March 31, 1997, 44 DCR 2226), §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1997 (D.C. Act 12-201, December 10, 1997, 44 DCR 7600), and §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1998 (D.C. Act 12-510, November 10, 1998, 45 DCR 8149).

For temporary reorganization of the Department of Human Services to transfer the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections, see §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1998 (D.C. Act 12-510, November 10, 1998, 45 DCR 8149), and §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1999 (D.C. Act 13-8, February 8, 1999, 46 DCR 2313).

For temporary (90 day) addition of section, see § 1022 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of title D of article VI of D.C. Res. 19-1, see § 401(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) amendment of article I of D.C. Res. 19-281, see § 401(p) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary amendment of (f), see § 2(b) of the Local Budget Autonomy Emergency Amendment Act of 2012 (D.C. Act 19-566, January 7, 2013, 59 DCR 15061, applicable as of January 1, 2014, and effective as provided in § 1-203.03.

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1996 (D.C. Law 11-214, April 9, 1997, law notification 44 DCR 2409).

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1997 (D.C. Law 12-80, March 24, 1998, law notification 45 DCR 2115).

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1998 (D.C. Law 12-214, April 13, 1999, law notification 46 DCR 3836).

Effective Dates

Section 5 of D.C. Law 19-321 provided that the act shall take effect as provided in § 1-203.03.

Editor's Notes

Waiver of Congressional review for certain revenue bond acts: Section 1 of Pub. L. 99-242 amended § 2 of Pub. L. 99-216 to include also D.C. Laws 6-78 and 6-79. Section 2 provided that they should take effect as if included in Pub. L. 99-216, with certain restrictions.

Waiver of Congressional review for certain revenue bond acts: Section 136(a) of H.R. 3067, amended by H.R. 99-419, incorporated in Pub. L. 99-190 by § 101(c), the D.C. Appropriation Act, 1986, provided that § 602(c) of the Self-Government Act (Pub. L. 93-198) shall not apply to certain acts authorizing the issuance of revenue bonds. Section 136(b) of H.R. 3067 provided that the subject revenue bond acts shall take effect on the date of enactment of the act. Pub. L. 99-190 was approved Dec. 19, 1985. The revenue bond acts subject to waiver of review, set forth in § 136(c) of H.R. 3067, are The Georgetown University Higher Education Facilities Revenue Bond Act of 1985 (D.C. Law 6-75), The Sibley Memorial Hospital Revenue Bond Act of 1985 (D.C. Law 6-70), The Forrest Marbury House Project Revenue Bond Act of 1985 (D.C. Law 6-86), The American University Revenue Bond Act of 1985 (D.C. Law 6-78), and The George Washington University Revenue Bond Act of 1985 (D.C. Law 6-79).

Section 2 of Pub. L. 99-216 also waived Congressional review for D.C. Laws 6-75 and 6-70, providing that they take effect on the date of enactment of the public law, which was approved Dec. 26, 1985.

Exchange of property: Act of February 26, 1981, D.C. Law 3-116, authorized the Mayor to transfer the Old Benning Road Elementary School to the Washington Metropolitan Area Transit Authority in exchange for the Brook Mansion and basic renovation thereof.

Act of February 24, 1984, D.C. Law 5-49, authorized the Mayor to exchange parcel 260/13, owned by the District of Columbia, for parcel 261/12, owned by the Potomac Electric Power Company (Ward 8).

Act of March 14, 1984, D.C. Law 5-68, authorized the Mayor to convey, by sale or exchange, in whole or in part, to the Washington Metropolitan Area Transit Authority certain real property owned in fee simple by the District for municipal use in Squares 3831 and 3828 and Parcel 1.

Establishment and elimination of building restriction lines: Section 3 of D.C. Law 8-8 provided that following June 16, 1989, the Surveyor shall record a copy of this act and the Surveyor’s plat filed under S.O. 87-394.

Conveyance of parcel : Section 2 of D.C. Law 6-164 provided that the Mayor is authorized to convey that portion of parcel used by the Washington Metropolitan Area Transit Authority for parking lot and access road purposes, and may execute a deed or deeds for the conveyance of the real property.

Establishment and elimination of building restriction lines: Section 2 of D.C. Law 8-8 provided that (1) The building restriction line in Lot 26 in Square 1853 on the north side of Reno Road, N.W., as shown on the Surveyor’s plat filed under S.O. 87-394, is unnecessary for public purposes and it was ordered eliminated; and (2) A building restriction line in Lot 26 in Square 1853 on the south side of Ingomar Street, N.W., as shown on the Surveyor’s plat filed under S.O. 87-394, is necessary for public purposes and it was ordered established.

Transfer of the Office of the Surveyor: Sections 5002 through 5004 of D.C. Law 12-261 provided that pursuant to this section, the Office of the Surveyor, in the Department of Public Works (“DPW”), established by Reorganization Plan No. 2 of 1982, effective December 8, 1982, and transferred to DPW under Reorganization Plan No. 4 of 1983, effective March 1, 1984, is hereby transferred to the Department of Consumer and Regulatory Affairs (“DCRA”). The purpose of the transfer is to provide for the more efficient operation of the Office of the Surveyor and the development process in the District of Columbia. All of the duties and functions assigned or delegated to the existing office of the Surveyor in DPW, are hereby transferred to the Office of the Surveyor in DCRA, along with all positions, property, records, and unexpended balances of appropriation, allocations and other funds available or to be made available relating to the above functions.

Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections: Section 2 of D.C. Law 12-256 provided for the reorganization, pursuant to subsection (b) of this section, of the Department of Human Services in transferring the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections as set forth in § 3 of D.C. Law 12-256.D.C. Law 12-256.

Rules Resolution for the Council of the District of Columbia Council Period XI: Pursuant to Resolution 11-1, effective January 3, 1995, the Council provided rules of organization and procedure for the Councils of the District of Columbia during Council Period XI.

Rules Resolution for the Council of the District of Columbia, Council Period XI, Federal-Aid Highway Contract Review Amendment Resolution of 1996: Pursuant to Resolution 11-368, effective June 4, Council amended the Rules Resolution for the Council of the District of Columbia, Council Period XI to permit proposed federal-aid highway contracts in excess $1 million to be transmitted to the Council for review during a Council recess, to permit the time period for Council review of a proposed federal-aid highway contract in excess of $1 million to begin on the day following its receipt by the Council and to permit the establishment of a procedure to permit the Council to complete its review of proposed federal-aid highway contracts in excess of $1 million upon approval the Department of Public Works’ annual capital program.

Rules Resolution for the Council of the District of Columbia, Council Period XI, Contract Review Emergency Amendment Resolution of 1996: Pursuant to Resolution 11-476, effective July 17, Council amended, on an emergency basis, the Rules Resolution for the Council of the District of Columbia, Council Period XI to permit specified proposed contracts in excess of $1 million to be transmitted to the Council for review during a Council recess, and to permit the time period for Council review of specified proposed contracts in excess of $1 million to begin on the day following its receipt by the Council.

Rules Resolution for the Council of the District of Columbia, Council Period XII, and the MOU on the President’s Plan Resolution of 1997: Pursuant to Resolution 12-047, effective Mar. 4, 1997, the Rules Resolution for Council Period XII, and the MOU on the President’s Plan Resolution, were adopted.

Authority Recommendation Procedure and Fiscal Impact Rules Amendment Resolution of 1997: Pursuant to Resolution 12-100, effective May 6, 1997, the Authority Recommendation Procedure and Fiscal Impact Rules Amendment Resolution of 1997 was adopted.

Applicability of D.C. Law 19-321: Section 3 of D.C. Law 19-321 provided that section 2 of the act shall apply as of January 1, 2014.

D.C. Law 19-321 was declared invalid by the United States District Court for the District of Columbia in a memorandum opinion dated May 19, 2014, Civil Action No. 2014-0655. The court held that although the Council of the District of Columbia, the Mayor, and United States District Court for the District of Columbia are powerless to grant to the residents of the District of Columbia full budget autonomy, the United States Congress and the President of the United States are empowered to do so; and concluded that the Budget Autonomy Act was unlawful. See Council of the Dist. of Columbia v. Gray, 42 F. Supp. 3d 134, 2014 U.S. Dist. LEXIS 68055 (2014).

On May 27, 2015, the United States Court of Appeals for the District of Columbia Circuit issued Order No. 14-7067, vacating the lower court’s judgment, dismissing the appeal, and remanding the case to the District Court with instructions to remand the case to the Superior Court of the District of Columbia. See Council of the Dist. of Columbia v. Bowser, 2015 U.S. App. LEXIS 8881 (2015). The amendments contained in D.C. Law 19-321 are codified in this section.

Resolutions

Resolution 19-1, the “Rules for the Council of the District of Columbia, Council Period 19 Resolution of 2011”, was adopted effective January 3, 2011, and by D.C. Resolution 19-281, § 3, effective November 1, 2011, and by D.C. Law 19-124, § 501(b), effective April 27, 2012.


Subpart 2. Organization and Procedure of the Council.

§ 1–204.11. The Chairman.

(a) The Chairman shall be the presiding officer of the Council.

(b) When the Office of Mayor is vacant, the Chairman shall act in his stead. While the Chairman is Acting Mayor he shall not exercise any of his authority as Chairman or member of the Council.


(Dec. 24, 1973, 87 Stat. 788, Pub. L. 93-198, title IV, § 411.)

Prior Codifications

1981 Ed., § 1-228.

1973 Ed., § 1-145.


§ 1–204.12. Acts, resolutions, and requirements for quorum.

(a) The Council, to discharge the powers and duties imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of the Council present and voting, unless otherwise provided in this chapter or by the Council. Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes. Each proposed act shall be read twice in substantially the same form, with at least 13 days intervening between each reading. Upon final adoption by the Council each act shall be made immediately available to the public in a manner which the Council shall determine. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take effect immediately upon enactment, such act shall be effective for a period of not to exceed 90 days. Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specifically authorized by that act and must be designed to implement that act.

(b) A special election may be called by resolution of the Council to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action.

(c) A majority of the Council shall constitute a quorum for the lawful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings.


(Dec. 24, 1973, 87 Stat. 788, Pub. L. 93-198, title IV, § 412; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526; Oct. 12, 1984, 98 Stat. 1974, Pub. L. 98-473, § 131(c); July 25, 2013, D.C. Law 19-321, § 2(c), 60 DCR 1724.)

Prior Codifications

1981 Ed., § 1-229.

1973 Ed., § 1-146.

Section References

This section is referenced in § 1-206.02, § 2-552, § 2-602, § 8-171.04, and § 47-802.

Effect of Amendments

D.C. Law 19-321 deleted “(other than an act to which § 1-204.46 applies)” following ”Each proposed act” in the third sentence of (a).

Cross References

Administrative procedure, municipal regulations, see § 2-552.

Codification and publication of acts and resolutions, see § 2-601 et seq.

Office of energy, emergency energy shortage contingency plan, see § 2-904.

Emergency Legislation

For temporary amendment of section, see § 2(c) of the Local Budget Autonomy Emergency Amendment Act of 2012 (D.C. Act 19-566, January 7, 2013, 59 DCR 15061, applicable as of January 1, 2014, and effective as provided in § 1-203.03.

Effective Dates

Section 5 of D.C. Law 19-321 provided that the act shall take effect as provided in § 1-203.03.

Editor's Notes

Temporary legislation: Pursuant to (a), the Council often adopts temporary legislation in conjunction with emergency legislation which takes effect after a period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto), as provided in § 1-206.02(c). Such legislation carries an expiration provision limiting its application, usually, to 225 days. Amendatory temporary legislation is treated under the code section affected; following this, it is listed in the D.C. Laws Not Codified table found in the Tables Volume.

Emergency legislation: Pursuant to (a), the Council adopts emergency legislation which takes effect upon its enactment (approval by the Mayor, or in the event of veto by the Mayor, override of the veto by the Council) and which remain in effect for no longer than 90 days. Amendatory emergency acts are treated under the Code section affected; otherwise the act is listed in the Emergency Act Table found in the Tables Volume.

Fiscal year: See Historical and Statutory Notes following § 1-203.03.

Applicability of D.C. Law 19-321: Section 3 of D.C. Law 19-321 provided that section 2 of the act shall apply as of January 1, 2014.

D.C. Law 19-321 was declared invalid by the United States District Court for the District of Columbia in a memorandum opinion dated May 19, 2014, Civil Action No. 2014-0655. The court held that although the Council of the District of Columbia, the Mayor, and United States District Court for the District of Columbia are powerless to grant to the residents of the District of Columbia full budget autonomy, the United States Congress and the President of the United States are empowered to do so; and concluded that the Budget Autonomy Act was unlawful. See Council of the Dist. of Columbia v. Gray, 42 F. Supp. 3d 134, 2014 U.S. Dist. LEXIS 68055 (2014).

On May 27, 2015, the United States Court of Appeals for the District of Columbia Circuit issued Order No. 14-7067, vacating the lower court’s judgment, dismissing the appeal, and remanding the case to the District Court with instructions to remand the case to the Superior Court of the District of Columbia. See Council of the Dist. of Columbia v. Bowser, 2015 U.S. App. LEXIS 8881 (2015). The amendments contained in D.C. Law 19-321 are codified in this section.

Resolutions

Resolution 14-494, the “Establishment of an Office of the District Attorney Advisory Referendum Approval Resolution of 2002”, was approved effective July 19, 2002.


§ 1–204.13. Investigations by the Council.

(a) The Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the Council (if the Council is conducting the inquiry) or any member of the committee may issue subpoenas, and administer oaths upon resolution adopted by the Council or committee, as appropriate.

(b) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Council by resolution may refer the matter to the Superior Court of the District of Columbia, which may by order require such person to appear and give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such order may be punished by such Court as a contempt thereof as in the case of failure to obey a subpoena issued, or to testify, in a case pending before such Court.


(Dec. 24, 1973, 87 Stat. 789, Pub. L. 93-198, title IV, § 413.)

Prior Codifications

1981 Ed., § 1-234.

1973 Ed., § 1-148.

Section References

This section is referenced in § 2-218.63 and § 2-359.07.

Cross References

Council investigations, penalty for obstructing, see § 1-301.43.

Oaths, administration by Mayor, chairman of Council, and members of Council, see § 1-301.22.

Procurement, debarment or suspension of businesses, see § 2-308.04.