Each Commission shall receive an annual allocation pursuant to § 1-207.38 to be distributed quarterly during the fiscal year, except that if the District’s appropriations act for the fiscal year has not become effective at the beginning of the fiscal year, each Commission shall receive its first quarterly allocation for the fiscal year if and when a continuing resolution is adopted by the Congress of the United States. Each Commission shall by resolution designate a commercial bank, savings and loan association, credit union, or any combination thereof, which is insured by the government of the United States pursuant to 12 U.S.C. § 1811 et seq. and which is located within the District of Columbia, as a depository of all funds received by the Commission. Each Commission shall request a District of Columbia Tax Identification Number and include the phrase “District of Columbia Government” in each account name within 90 days after June 27, 2000. Each Commission shall establish no more than one checking or negotiable order of withdrawal account. The Commission may deposit into any savings account created pursuant to this section funds not immediately needed for the operation of the Commission. The treasurer of each Commission shall file with the Office of the District of Columbia Auditor (“Auditor”), within 30 days of assuming the office of treasurer or within 30 days of any change in the requested information, on a form provided by the Auditor, a statement that includes the treasurer’s name, home and business address and telephone number, the location of the books and records of the Commission and the name and location of any depository of the Commission’s funds, including account numbers. The treasurer and Chairperson shall file with the Auditor and maintain in force during their occupancy of their respective offices, a cash or surety bond in an amount and on a form satisfactory to the Auditor. Participation by a Commission in the Advisory Neighborhood Commission Security Fund established by § 1-309.14 shall satisfy the requirement of a cash or surety bond. The bylaws adopted by each Commission shall include a provision for filling in a timely manner a vacancy in the office of treasurer from among the remaining Commissioners. No expenditure shall be made by a Commission during a vacancy in the office of treasurer or at any time when a current and accurate statement and bond or its equivalent are not on file with the Auditor. The Auditor shall audit the financial accounts of selected Commissions and maintain a database of financial information of each Commission for historical and expenditure trend analysis. The Auditor shall produce and submit to the Council a consolidated annual report of the financial activity of all the Commissions. The Auditor may audit the financial accounts of a Commission, at the discretion of the Auditor, upon the request by a member of the Council or a Commissioner of the Commission for which an audit is requested. The findings and recommendations of any audit shall be forwarded to the affected Commission, the Council, the Mayor, the Office of Advisory Neighborhood Commissions, the Office of the Inspector General, the Corporation Counsel, and any other law enforcement agency with jurisdiction over alleged improper conduct. In a case in which an Auditor’s report details a violation of this part, the affected Commission shall, within 90 days, provide in writing to the Auditor, its response to each of the alleged infractions. If the audited Commission fails to respond within 90 days, its next scheduled quarterly allotments shall be forfeited until the response has been filed. Each Commission shall, by resolution, designate the location at which the Commission’s books and records shall be maintained which shall, if the Commission has a regular office, be the Commission office. The Auditor shall have access to the books and records of each Commission pursuant to § 1-204.55(c) , and may issue subpoenas to banking and financial institutions requiring the production of financial documents and statements pursuant to an audit conducted under this part. Such financial documents shall include, but not be limited to, bank statements, canceled checks, and signature cards. The Auditor may apply to the Superior Court of the District of Columbia for an order enforcing the subpoena. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt. Any expenditure of funds by a Commission shall be recorded by the treasurer in the Commission’s books of accounts. No expenditure of any amount shall be made without the specific authorization of the Commission. The depository in which the Commission maintains a checking account shall be immediately notified of any change in Commission officers. An expenditure made by check shall: Be signed by at least 2 officers of the Commission, one of whom shall be the treasurer or Chairperson; Be pre-numbered; Be issued in consecutive order; and Bear the name of the Commission and “District of Columbia Government” on its face. Before signature, the check shall contain the: Date of payment; Name of the payee; and Amount of the payment. No check may be made payable to cash. A Commission may provide reimbursement for an authorized purchase made with a personal credit card, debit card, or cashier’s check that is documented with a receipt, a copy of which shall be submitted to the Commission. Disbursements of Commission funds exceeding $50 for personal service expenditures shall be specifically approved by the Commission at a public meeting prior to the disbursement. The approval shall be recorded in the minutes of the Commission meeting. Any personal services payment shall name the person who is to receive the payments, the rate of compensation, and the maximum hours of service, if less than full-time compensation. If an expenditure is made without the required authorization of the Commission, the expenditure shall be deemed to be a personal expense of the Commissioner who authorized the payment, unless the Commission subsequently approves the expenditure within 90 days. If the Commission fails to approve the expense within 90 days, the Corporation Counsel, upon notification by the Auditor, shall institute any actions necessary to recover Commission funds. Each Commission may establish a petty cash fund not to exceed $200 at any one time in accordance with procedures established for imprest funds by the D.C. Controller. The fund shall be reimbursed by the treasurer upon presentation of appropriate supporting documents. The treasurer may disburse to another Commissioner or employee of the Commission an amount not in excess of $200 for authorized Commission expenditures through a Commission-established petty cash fund. A record of disbursements from the petty cash fund shall be kept by the treasurer in a manner consistent with other accounts of the Commission. A Commission shall maintain its accounts on a fiscal year basis beginning October 1 and ending the following September 30. The treasurer of a Commission shall prepare a quarterly financial report on a form provided by the Auditor. The financial report shall be presented to the Commission for its consideration at a Commission meeting within 45 days after the end of the quarter. A copy of the approved financial report, signed by the Chairperson, the secretary, and the treasurer, shall be filed, along with a record of the vote adopting the report, with the Auditor within 15 days of approval. Each quarterly report shall include copies of canceled checks, bank statements, grant request letters and grant disbursements, invoices and receipts, executed contracts, details about all contributions received during the time period covered by the quarterly report, the minutes of all meetings indicating the Commission’s approval of disbursements during the time period covered by the quarterly report, and certification of the Commission’s approval of the quarterly report signed by the Commission’s Secretary. The Commission shall make available for on-site review to the Auditor, upon the Auditor’s request, originals of documents required to be submitted with quarterly financial reports pursuant to this section. A financial report shall be available for public inspection during the normal office hours of the Commission. No quarterly allotment shall be forwarded to a Commission until all reports of financial activity for the quarters preceding the immediate previous quarter are approved by the Auditor. If a Commission fails to file 3 consecutive quarterly reports that meet the requirements of paragraph (1) of this subsection, it shall relinquish its checkbook to the Auditor, whose permission will be needed for any expenditure made by check until the Commission files the required financial reports. The Mayor, upon the request of the Auditor, may issue official instructions to any pertinent banking institution to freeze accounts held by a Commission that has not complied with this paragraph. If, on the last day of the fiscal year, a Commission has not received a quarterly allotment because it failed to file a quarterly report approved by the Auditor, the Commission shall forfeit the unclaimed allotment or allotments and the funds shall be returned to the District’s General Fund. Reserved. A Commission shall expend funds received through the annual allocation received pursuant to subsection (a) of this section, or other donated funds, for public purposes within the Commission area or for the functioning of the Commission office, including staff salaries, Commissioner training, property liability insurance, and nominal refreshments at Commission meetings. 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 Commission may expend its funds for Commissioner training on subjects pertaining to their official duties when such training is not available from government sources. A Commission may expend its funds to purchase insurance or obtain indemnification against any loss in connection with the assets of the Commission or any liability in connection with the activities of the Commission, such insurance or indemnification to be purchased or obtained in such amounts and from such sources as the Commission deems to be appropriate. Funds may be used to pay the local transportation expenses of a Commissioner if the Commissioner is officially representing the Commission or a committee of the Commission at public hearings or meetings or is engaged in official Commission business. Funds allocated to the Commissions may not be used for a purpose that involves partisan political activity, personal subsistence expenses, Commissioner compensation, meals, legal expenses other than for Commission representation before an agency, board, or commission of the District government, or travel outside of the Washington metropolitan area. A grant may not be awarded unless the grant is awarded pursuant to a vote of the Commission at a public meeting following the public presentation of the grant request. A Commission may approve grants only to organizations that are public in nature and benefit persons who reside or work within the Commission area. The services provided by the grantee organization must not be duplicative of any that are already performed by the District government. An applicant for a grant must submit an application in writing to the Commission. The application shall contain: A description of the proposed project for which the grant is requested; A statement of expected public benefits; and The total cost of the proposed project, including other sources of funding, if any. Within 60 days following the issuance of a grant, the grant recipient shall forward to the Commission a statement as to the use of the funds consistent with the grant application, complete with receipts which support the expenditures. Grant disbursements shall be included in quarterly financial reports submitted to the Auditor. The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2 , issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. A Commission may employ any person necessary to provide administrative support to the Commission. A Commission shall establish position descriptions for employees that shall, at a minimum, broadly identify the qualifications and duties of the employees. A Commission employee shall serve at the pleasure of the Commission. An employee of the Commission shall be considered an employee of the District of Columbia government for the purposes of subchapters XXI, XXII, and XXIII of Chapter 6 of Title 1 . Except for out of pocket expenses approved by the Commission, Commissioners shall not be compensated for personal services rendered on behalf of the Commission. Any Commissioner within an individual Commission shall have equal access to the Commission office and its records in order to carry out Commission duties and responsibilities. Moreover, any person has a right to inspect, and at his or her discretion, to copy any public record of the Commission, except as otherwise expressly provided by § 2-534 , in accordance with reasonable procedures that shall be issued by the Commission after notice and comment concerning the time and place of access. Upon the request of a Commission, evidenced by a properly adopted resolution signed or transmitted by the Chairperson and secretary, the Mayor shall provide that Commission with suitable office space in a District-owned or leased building. The Mayor shall acknowledge receipt of the resolution within 15 days and shall provide the Commission with a list of available office space within 45 days thereafter. The space shall be a minimum of 250 square feet and shall be the sole office of the Commission. The space shall be located within the Commission’s boundaries. If no such space is available, then the space shall be located within the ward boundaries of the Commission. If District-owned or leased office space cannot be provided, the Mayor may seek to reprogram funds up to $600 per month to cover the rental of office space for the respective Commission. Furnishings, equipment, telephone service, and supplies for the office space shall be provided from the Commission’s funds. There shall be a written lease between the Mayor or District agency and the Commission, which shall specify what operating costs, such as utilities, janitorial services, and security, shall be paid by the Commission.
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