(a) Within 30 days of [April 4, 2003], the Mayor and Chief Financial Officer shall establish a review board, which shall convene, within 60 days of an alleged violation of § 47-355.02, to investigate the causes of the violation. The review board shall assess the culpability of responsible employees, recommend an appropriate disciplinary action, and report to the Council the actions proposed to be taken based on the review board's findings.
(b) The report to the Council shall include all relevant facts, including the following:
(1) The violation;
(2) The name and title of the employees who were responsible for the violation;
(3) Any justification; and
(4) A statement of the action taken or proposed to be taken.
(c) The review board may recommend that no action be taken where it finds a justification for the violation or may determine that no violation actually occurred. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.
(d) Subsection (a) of this section shall not be a prerequisite for adverse personnel action under this subchapter.
CREDIT(S)
(Apr. 4, 2003, D.C. Law 14-285, § 2, 50 DCR 940; Mar. 13, 2004, D.C. Law 15-105, §§ 12(b), 77(d), 51 DCR 881; Mar. 14, 2007, D.C. Law 16-293, § 2(f), 54 DCR 1083.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-105, in subsec. (a), substituted “§ 47-355.06” for “subsection (a) of this section”; and, in subsec. (c), validated a previously made technical correction.
D.C. Law 16-293, rewrote subsecs. (a) and (c), which formerly read:
“(a) Within 30 days of [April 4, 2003], the Mayor and Chief Financial Officer shall establish a review board, which shall within 30 days of learning of a violation specified in § 47-355.06 by an agency convene a review board to investigate the causes of the violation. The review board shall assess the culpability of responsible employees, recommend an appropriate disciplinary action, and report to the Council the actions proposed to be taken based on the review board's findings.”
“(c) The review board may recommend that no action be taken where it finds a justification for the violation. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.”
Legislative History of Laws
For Law 14-285, see notes following § 47-355.01.
For Law 15-105, see notes following § 47-340.22.
For Law 16-293, see notes following § 47-355.02.
Delegation of Authority
Delegation of Mayor's Rulemaking Authority to the Board of Review for Anti-Deficiency Violations, see Mayor's Order 2004-125, August 2, 2004 (51 DCR 8006).
Miscellaneous Notes
Establishment--Board of Review for Anti-Deficiency Violations, see Mayor's Order 2003-156, November 7, 2003 (50 DCR 10187).
