Improper Solicitation Prohibition Act

This law applies comprehensively to all segments of the District government to ensure uniform ethical standards. It includes District government agencies, public boards, legislative bodies, judicial officers, and their employees. Furthermore, the Act covers public school systems, charter schools, public universities, and even individuals performing public functions under government contract, extending the law's reach to private actors in public roles.

Individuals subject to the law include both those directly holding office and others whose roles or relationships could present an ethical risk. This includes elected and appointed officials, general government employees, contractors, and specialized advisors. The law also covers spouses of public officials, legal interns, and consultants or volunteers serving in official government functions, ensuring that public duty is the determining factor in applicability.

Public officials must strictly avoid engaging in or accepting solicitations that seek to secure preferential treatment or undue advantages. Prohibited actions include requests for favorable administrative actions, such as expedited licenses or permits, or seeking leniency in enforcement, fines, or penalties. Furthermore, officials must not intervene in personnel matters like hiring or disciplinary actions, influence procurement decisions, or provide improper access to confidential government data. Any attempt to alter audit outcomes or exert unauthorized influence over law enforcement or judicial procedures is also strictly forbidden.

The law allows for necessary and transparent interactions critical for a functioning democracy. Permitted activities are those done through lawful, official channels. These include routine requests based on legal entitlements, such as official status updates, and legislative or civic petitions submitted transparently. Inquiries from elected representatives made for genuinely public-interest matters are allowed, as is submitting required documentation or formal complaints through designated, official government channels. Public testimony before government bodies and interactions initiated by officials for procedural clarification also fall under permitted activities.

Officials must diligently decline any items that could be perceived as an attempt to sway their professional judgment. This includes gifts exceeding $50 per instance or $100 annually from a single source with government interests. Cash, checks, or equivalent monetary items are never permitted, as they inherently lack transparency. Officials are also prohibited from accepting meals, travel, or event tickets given with the specific intent to influence a decision, as well as loans or hospitality lacking fair market value consideration.

Some benefits are allowed under narrow, necessary exceptions that do not risk compromising an official's impartiality. These exceptions facilitate the practical aspects of public service. Allowable items include publicly provided items or meals during official government duties or civic events, and awards or plaques of nominal value presented for genuine public service recognition. Items received from family members or personal friends as part of a bona fide personal relationship are permitted, as are political contributions made in full compliance with all District campaign finance laws.

Consequences for violations reflect a zero-tolerance policy for corruption, with sanctions depending on the severity and intent of the breach. Solicitation through third parties may result in civil penalties up to $5,000, as determined by the Board of Ethics and Government Accountability (BEGA). The acceptance of bribes or improper gifts can lead to serious criminal charges, including up to 5 years imprisonment and a $25,000 fine. Egregious or repeated conflict of interest cases may result in removal from public office and permanent disqualification from future public positions. Government employees may also face internal consequences such as suspension, demotion, termination of employment, or the loss of professional licensure.

The District actively encourages, and in some cases requires, individuals to report potential violations. Government employees must first report credible information to their agency’s designated ethics officer or supervisory personnel. Significant cases may then be forwarded to the D.C. Board of Ethics and Government Accountability (BEGA) for independent investigation. Critically, whistleblowers who report in good faith are robustly protected under D.C. law from any retaliatory actions, ensuring they can come forward without fear of professional harm.