Code of the District of Columbia

§ 39–203. Establishment; composition; terms; vacancies; compensation.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

(a) There is established, as an independent agency within the District of Columbia government, the Commission on the Arts and Humanities ("Commission"), which shall evaluate and initiate action on matters relating to the arts and humanities and encourage programs and the development of programs that promote progress in the arts and humanities.

(a-1)(1) The Commission shall consist of 12 members appointed by the Mayor, with the advice and consent of the Council, in accordance with § 1-523.01(e)(32); except, that:

(A) Until June 30, 2022, the Commission shall consist of 18 members.

(B) From July 1, 2022, until June 30, 2023, the Commission shall consist of 16 members.

(C) From July 1, 2023, until June 30, 2024, the Commission shall consist of 14 members.

(1A) Notwithstanding § 1-523.01(c), a member with a term that expires June 30, 2023, or June 30, 2024, may not serve in a hold-over capacity unless a resolution confirming the nomination for reappointment of the member has been transmitted by the Mayor to the Council.

(2) Each member appointed to the Commission shall be a District resident who has displayed an interest or an ability in the arts or humanities or has been active in the furtherance of the arts or humanities in the District of Columbia. The Commission shall include:

(A) On or before July 1, 2019, 2 members with specific interest, ability, or experience in the humanities;

(B) On or before July 1, 2019, 2 members with specific interest, ability, or experience in arts or humanities education;

(C) On or before July 1, 2019, 2 members with specific interest, ability, or experience in theatre and performing arts;

(D) On or before July 1, 2020, one member with specific interest, ability, or experience in public art; and

(E) On or before July 1, 2020, 2 members with specific experience in arts or humanities organizational administration or governance.

(3) When appointing members to the Commission, the Mayor shall give due consideration to recommendations made by representative civic, educational, and professional groups concerned with the arts, humanities, and culture, and shall maintain reasonable representation of all the various geographic areas and neighborhoods within the District of Columbia.

(b)(1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, all members of the Commission shall be appointed to 3-year terms that shall commence on July 1 in the year of appointment and expire on June 30 of the 3rd year. Terms shall be staggered so that, beginning on July 1, 2022, 4 terms expire each year on June 30. Members may be reappointed; provided, that all 6 members who have a term end date of June 30, 2019, and 3 of the members who have a term end date of June 3, 2020, may be reappointed only if doing so would satisfy the qualification requirements set forth under subsection (a)(2) of this section.

(2) The term subsequent to the term being served pursuant to:

(A) Council resolution 21-678 shall begin on July 1, 2019, and expire on June 30, 2021;

(B) Council resolution 22-73 shall begin on July 1, 2019, and expire on June 30, 2021; and

(C) Council resolution 22-182 shall begin on July 1, 2020, and expire on June 30, 2021.

(b-1) All official actions of the Commission taken by members appointed prior to March 19, 2020, are considered to be taken by a properly constituted Commission, regardless of the date of the appointments and length of terms of its members.

(c) Should a vacancy occur, a successor shall be appointed by the Mayor within 30 days, with the advice and consent of the Council to serve until the end of the term of the member whom that successor succeeds. Failing to receive the nomination within the 30 days, the Chairman of the Council shall appoint a person to fill the vacancy. Members of the Commission on the Arts and Humanities established under Organization Order No. 74-4 of January 7, 1974, issued by the Commissioner of the District of Columbia, shall continue to serve until the members of the Commission established under this chapter are appointed and qualify. The Mayor shall nominate members to the new Commission within 30 days of October 21, 1975.

(d) The Mayor shall appoint a chairperson of the Commission from among the members appointed pursuant to subsection (a-1) of this section with the advice and consent of the Council by resolution.

(e) Members of the Commission shall serve without compensation, but shall be entitled to receive, in accordance with applicable District of Columbia regulations, reimbursement for expenses incurred while actually performing duties vested in the Commission.

(f) No District of Columbia government employee, as that term is defined by § 1-603.01(7), shall be eligible to serve as a member of the Commission.