D.C. Mun. Regs. tit. 3, r. 3-3014

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 3-3014 - CONSTITUENT-SERVICE PROGRAMS

3014.1

A constituent-service program shall encompass any activity or program that provides emergency, informational, charitable, scientific, educational, medical, recreational, or other services to the residents of the District of Columbia, and promotes their general welfare.

3014.2

Funds raised by constituent-service programs may be expended only for services, activities, or programs which inure to the primary benefit of the residents of the District of Columbia, in accordance with § 3014.1.

3014.3

Allowable expenditures from constituent-service programs shall include the following:

(a) Funeral arrangements;

(b) Emergency housing and other necessities of life;

(c) Past due utility payments;

(d) Food and refreshments or an in-kind equivalent on infrequent occasions;

(e) Community events sponsored by the constituent-service program or an entity other than the District of Columbia government; and

(f) Community-wide events.

3014.4

Constituent-service programs shall be prohibited from engaging in any of the following activities:

(a) Promoting or opposing, as a primary purpose, a political party or committee;

(b) Promoting or opposing, as a primary purpose, the nomination or election of an individual to public office;

(c) Promoting or opposing, as a primary purpose, any initiative, referendum, or recall measure;

(d) Distributing campaign literature or paraphernalia;

(e) Using any funds for personal purposes of the elected official;

(f) Using any funds to pay fines or penalties inuring to the District of Columbia government;

(g) Making any expenditure of cash;

(h) Making any expenditure for the sponsorship of a political organization; or

(i) Making any mass mailing within the ninety (90) day period immediately preceding a primary, special, or general election by a member of the Council, or the Mayor, who is a candidate for office.

3014.5

A constituent-service program may be maintained only by the following elected public officials:

(a) The Mayor of the District of Columbia; and

(b) The Chairman and Members of the Council of the District of Columbia.

3014.6

A constituent-service program may be operated in the following locations:

(a) In the ward represented by the Member of the Council elected by ward; and

(b) In the ward of the at-large member's choice.

3014.7

An elected official shall fund the constituent-service program only by:

(a) Transferring any surplus, residue, or unexpended campaign funds to the constituent-service program;

(b) Receiving contributions that do not exceed, in the aggregate, forty thousand dollars ($40,000) in any one (1) calendar year;

(c) Receiving cash contributions from any person which, when aggregated with all other contributions received from the same person, do not exceed five hundred dollars ($500) in any one (1) calendar year; and

(d) Receiving personalty from any person which, when aggregated with all other contributions received from the same person, do not exceed one thousand dollars ($1,000) in any one (1) calendar year.

3014.8

The amount of any transfer of surplus, residue, or unexpended campaign funds by the elected official shall not be subject to the forty thousand dollars ($40,000) contribution limitation under § 3014.7(b).

3014.9

The amount of any funds contributed by the elected official to the official's constituent-service program shall not be subject to the five hundred dollars ($500) contribution limitation under § 3014.7(c).

3014.10

No person shall receive or make any cash contribution of twenty-five dollars ($25) or more in legal tender to a constituent-service program.

3014.11

A connected organization, under § 3000.8(a), and each affiliated committee established, financed, maintained, or controlled by the connected organization share a single contribution limitation with respect separately to contributors of cash and personalty.

3014.12

Corporations and any business entity as that term is defined in § 29-101.02 of the District of Columbia Official Code may make contributions to a constituent-service program in the District of Columbia.

3014.13

A corporation, its affiliated entities, including its subsidiaries, and each committee established, financed, maintained, or controlled by the corporation and its affiliated entities share a single contribution limitation with respect separately to cash and personalty.

3014.14

Each business entity is deemed to be a separate entity; provided, that a business entity, which is established, financed, maintained, or controlled (51% or more) by another entity, or shares a controller, whether the controller is another entity or an individual, is considered, for the purposes of the contribution limitations, an affiliated entity of the other business entity.

3014.15

All contributions by a partnership shall be subject to each contributing partner's individual contribution limitations, under § 3014.7.

3014.16

Contributions by a partnership shall be attributed to each partner either by:

(a) Instructions from the partnership to the constituent-service program or the elected official; or

(b) Agreement of the partners; provided, that the profits of non-contributing partners are not affected.

3014.17

No portion of any contribution under § 3014.15 shall derive from the profits of a corporation that is a partner.

3014.18

Each business entity, as that term is defined in § 29-101.02 of the District of Columbia Official Code, is subject to the limitations on contributions set forth in § 3014.7.

3014.19

A business contributor consists of:

(a) A business entity that makes a contribution; and

(b) Each of that business entity's affiliated entities.

3014.20

The contribution limitations set forth in this section shall apply only to the elected official's constituent-service program.

3014.21

An elected official shall:

(a) Spend no more than sixty thousand ($60,000) in any one (1) calendar year for the constituent-service program;

(b) File a Statement of Organization for a Constituent-Service Program form, prescribed by the Director, within ten (10) days of organization;

(c) Amend the Statement of Organization within ten (10) days of any change in the information previously reported on the Statement of Organization; and

(d) Maintain the same constituent services fund if elected to the office of Chairman of the Council while serving as an at-large member of the Council.

3014.22

Each constituent-service program shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 3014.20(b).

3014.23

When either the office of chairperson or treasurer of a constituent-service program is vacant, the constituent-service program shall:

(a) Designate a successor chairperson or treasurer, within five (5) days of the vacancy; and

(b) Amend its Statement of Organization within ten (10) days of the designation of the successor; provided, that the successor officer agrees to accept the position.

3014.24

A constituent-service program shall neither accept a contribution nor make an expenditure while the office of treasurer is vacant, and no other person has been designated and has agreed to perform the functions of a treasurer.

3014.25

Each expenditure made for, or on behalf of, a constituent-service program shall be authorized by either:

(a) The chairperson;

(b) The treasurer; or

(c) Their designated agent, as listed on the Statement of Organization filed under § 3014.20(b) or (c).

3014.26

A chairperson shall be required to file:

(a) A Statement of Acceptance of Position of Chairperson form, prescribed by the Director, and a copy of written notification sent to the address of record of the treasurer, within five (5) days of assuming the office; and

(b) A Statement of Withdrawal of Position of Chairperson form, prescribed by the Director, and a copy of written notification sent to the address of record of the treasurer, within five (5) days of vacating the office.

3014.27

A treasurer shall be required to file:

(a) A Statement of Acceptance of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson, within forty-eight (48) hours of assuming the office:

(b) All periodic Reports of Receipts and Expenditures (R&E Reports) due to the Director, pursuant to § 3008, during the treasurer's tenure; provided that the designated agent listed on the Statement of Organization under § 3014.21 may file the R&E Report if the treasurer is unavailable; and

(c) A Statement of Withdrawal of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson, within forty-eight (48) hours of vacating the office.

3014.28

A person shall not simultaneously serve as the chairperson and treasurer of a constituent-services program.

3014.29

A constituent-service program accepting contributions or making expenditures shall:

(a) Designate one or more national banks located in the District of Columbia as the program's depository or depositories;

(b) Maintain a checking account or accounts at such depository or depositories; and

(c) Deposit any contribution received by the program into that account or accounts.

3014.30

All funds of a constituent-services program shall be segregated from, and may not be commingled with, anyone's personal funds.

3014.31

A constituent-service program shall neither establish nor maintain a petty cash fund.

3014.32

A Bitcoin contribution may be accepted if the value of the Bitcoin contribution at the time of transfer does not exceed the contribution limits established by § 3014.7.

3014.33

A Bitcoin contribution received during the initial transfer shall be rejected and returned to the contributor if it exceeds the contribution limitations established by § 3014.7.

3014.34

A Bitcoin contribution that does not exceed the contribution limits at the time of transfer shall, within five (5) calendar days of receipt, be liquidated and converted into US dollars on a high volume public Bitcoin exchange website that is open to transactions in the United States.

3014.35

Each constituent-service program that receives a Bitcoin contribution shall be responsible for verifying both the accuracy of the contributor information provided and the Bitcoin value determinations as part of the program's recordkeeping obligations under § 3400.

3014.36

Each constituent-service program that accepts Bitcoin contributions shall require the contributor to affirm on forms soliciting Bitcoin contributions:

(a) That the contributor is a United States citizen or legal permanent resident;

(b) That the contributor's personal funds were used to purchase the Bitcoin contributed; and

(c) That the contributor is the actual lawful owner of the Bitcoin contributed.

3014.37

No person, including a business contributor, shall make a bundled or cause to make a bundling of contributions from different donors for the purpose of making a single contribution, directly or indirectly to a constituent-service program.

3014.38

No constituent-service program shall accept, directly or indirectly, a bundling of contributions from different donors for the purpose of making a single contribution in support of a constituent-service program.

D.C. Mun. Regs. tit. 3, r. 3-3014

Final Rulemaking published at 45 DCR 3161, 3176-78 (May 20, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2179-82 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2229, 2244 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); Amended by Final Rulemaking published at 62 DCR 3025 (3/13/2015); amended by Final Rulemaking published at 65 DCR 13207 (11/30/2018)

Authority: D.C. Official Code § 1-1001.05(a)(14), in conformity with the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, enacted February 27, 2012 (D.C. Act 19-318; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).