Washington, District of Columbia City Charter

# Washington, District of Columbia City Charter > The charter for the District of Columbia shall establish the means of governance of the District following its enactment by the Office of the Founders. ## **Article I - The Council** ### Section I - Creation & Membership There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualified electors of the District. The Council established shall consist of six members elected on a partisan basis. The chairman and five members shall be elected at large in the District, from time to time. The term of office of the members of the Council shall be forty-five days. To fill a vacancy in the Office of Chairman, the Federal Election Commission shall hold a special election in the District not more than seven days after the date on which such vacancy occurs which the Federal Election Comission determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious, holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Federal Election Comission certifies their election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman. The Council may establish and select such other officers and employees as it deems necessary and appropriate to carry out the functions of the Council. In the event of a vacancy in the Council of a member elected, the Federal Election Commission shall hold a special election in the District not more than seven days after the date on which such vacancy occurs which the Federal Election Commission determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected as a member to fill a vacancy on the Council shall take office on the day on which the Federal Election Commission certifies their election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. In the event of a vacancy in the Office of Mayor, and if the Chairman becomes a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed vacant as of the date of the filing of their candidacy. In the event of a vacancy in the Council of a member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a political party, the central committee of such political party shall appoint a person to fill such vacancy, until the Federal Election Commission can hold a special election to fill such vacancy, and such special election shall be held not more than seven days after the date on which such vacancy occurs which the Federal Election Commission determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person appointed to fill such vacancy shall take office on the date of their appointment and shall serve as a member of the Council until the day on which the Federal Election Commission certifies the election of the member elected to fill such vacancy in either a special election or a general election. The person elected as a member to fill such a vacancy on the Council shall take office on the day on which the Federal Election Commission certifies their election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. With respect to a vacancy on the Council of a member elected at large who is not affiliated with any political party, the Council shall appoint a similarly non-affiliated person to fill such vacancy until such vacancy can be filled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take office and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party. Notwithstanding any other provision of this section, at no time shall there be more than four members (including the Chairman) serving at large on the Council who are affiliated with the same political party. By a five-sixths vote of its members, the Council may adopt a resolution of expulsion if it finds, based on substantial evidence, that a member of the Council took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct. Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used in cases in which the Council determines that the violation of law committed by a member is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official member duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office The Council shall include in its Rules of Organization procedures for investigation, and consideration of, the expulsion of a member. ### Section II - Qualifications for Holding Office No person shall hold the office of member of the Council, including the Office of Chairman, unless they are a qualified elector, are domiciled in the District and if they are nominated for election, has not been convicted of a felony while holding the office; and holds no public office (other than their employment in and position as a member of the Council), for which they are compensated in an amount in excess of their actual expenses in connection therewith, A member of the Council shall forfeit his office upon failure to maintain the qualifications required by this section. ### Section III - Powers of the Council Subject to the limitations specified, the legislative power granted to the District by this charter is vested in and shall be exercised by the Council in accordance with this Act. In addition, except as otherwise provided in this charter, all functions granted to or imposed upon, or vested in or transferred to the District of Columbia Council shall be carried out by the Council in accordance with the provisions of this charter. The Council shall have authority to create, abolish, or organize any office, agency, department, or instrumentality of the government of the District and to define the powers, duties, and responsibilities of any such office, agency, department, or instrumentality. The Council shall adopt and publish rules of procedures which shall include provisions for adequate public notification of intended actions of the Council. Every act shall be published and codified upon becoming law as the Council may direct. An act passed by the Council shall be presented by the Chairman of the Council to the Mayor, who shall, within seven calendar days after the act is presented to them, either approve or disapprove such act. If the Mayor shall approve such act, they shall indicate the same by affixing their signature thereto, and such act shall become law. If the Mayor shall disapprove such act, they shall, within seven calendar days after it is presented to them, return such act to the Council setting forth in writing their reasons for such disapproval. If any act so passed shall not be returned to the Council by the Mayor within seven calendar days after it shall have been presented to them, the Mayor shall be deemed to have approved it, and such act shall become law unless the Council by a recess of seven days or more prevents its return, in which case it shall not become law. If, within ten calendar days after an act has been timely returned by the Mayor to the Council with their disapproval, two-thirds of the members of the Council present and voting vote to reenact such act, the act so reenacted shall become law. In the case of any budget act adopted by the Council and submitted to the Mayor, the Mayor shall have power to disapprove any items or provisions, or both, of such act and approve the remainder. In any case in which the Mayor so disapproves of any item or provision, they shall append to the act when they signs it a statement of the item or provision which they disapproves, and shall, within such seven-day period, return a copy of the act and statement with their objections to the Council. If, within ten calendar days after any such item or provision so disapproved has been timely returned by the Mayor to the Council, two-thirds of the members of the Council present and voting vote to reenact any such item or provision, such item or provision so reenacted shall be incorporated in the budget act and become law. In any case in which the Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor shall be deemed to have approved such item or provision not returned, and such item or provision not returned shall be incorporated in the budget act and become law. ### Section IV - The Chairman The Chairman shall be the presiding officer of the Council. When the Office of Mayor is vacant, the Chairman shall act in his stead. While the Chairman is Acting Mayor he shall not exercise any of his authority as Chairman or member of the Council. ### Section V - Acts, Resolutions, & Requirements For Quorum The Council, to discharge the powers and duties imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of the Council present and voting, unless otherwise provided in this Act or by the Council. Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes. Each proposed act shall be read twice in substantially the same form. Upon final adoption by the Council each act shall be made immediately available to the official trello board. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take effect immediately upon enactment, such act shall be effective for a period of not to exceed ten days. Resolutions shall be used to express simple determinations, decisions, or directions of the Council of a special or temporary character; and to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, Federal Election Commission, or other agency. Such resolutions must be specifically authorized by that act and must be designed to implement that act. A special election may be called by resolution of the Council to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action. A majority of the Council shall constitute a quorum for the lawful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings. ### Section VI - Investigations by the Council The Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the Council (if the Council is conducting the inquiry) or any member of the committee may issue subpoenas, and administer oaths upon resolution adopted by the Council or committee, as appropriate. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Council by resolution may refer the matter to the Superior Court of the District of Columbia, which may by order require such person to appear and give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such order may be punished by such Court as a contempt thereof as in the case of failure to obey a subpoena issued, or to testify, in a case pending before such Court. --- ## **Article II - The Mayor** ### Section I - Election, Qualifications, and Vacany There is established the Office of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualified electors of the District. The Mayor shall be elected, on a partisan basis, for a term of eighty-five days. No person shall hold the Office of Mayor unless they are a qualified elector, has not been convicted of a felony while holding the office; and is not engaged in any employment (whether as an employee or as a self-employed individual) and holds no public office or position (other than his employment in and position as Mayor). The Mayor shall forfeit his office upon failure to maintain the qualifications required by this paragraph. To fill a vacancy in the Office of Mayor, the Federal Election Commission shall hold a special election in the District not more than seven days after the date on which such vacancy occurs which the Federal Election Commission determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on which the Federal Election Commission certifies their election, and shall serve as Mayor only for the remainder of the term during which such vacancy occurred. When the Office of Mayor becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such vacancy occurs until the date on which the Federal Election Commission certifies the election of the new Mayor at which time he shall again become Chairman. While the Chairman is Acting Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return of the regularly elected Chairman. ### Section II - Powers and Duties The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District government. In addition, except as otherwise provided in this charter, all functions of government shall be carried out by the Mayor in accordance with this charter. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the affairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions: The Mayor may designate the officer or officers of the executive department of the District who may, during periods of disability or absence from the District of the Mayor, execute and perform the powers and duties of the Mayor. The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the Office of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect are subject to appointment and removal by the Mayor. The Mayor shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, offices and agencies, except as otherwise provided by this charter. The Mayor shall, through the heads of administrative boards, offices, and agencies, supervise and direct the activities of such boards, offices, and agencies. The Mayor may submit drafts of acts to the Council. The Mayor may delegate any of his functions (other than the function of approving or disapproving acts passed by the Council or the function of approving contracts between the District and the Federal Governmen to any officer, employee, or agency of the executive office of the Mayor, or to any director of an executive department who may, with the approval of the Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall assist the Mayor in carrying out his functions under this Act, and shall perform such other duties as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established by the Mayor. The Mayor may propose to the executive or legislative branch of the United States government legislation or other action dealing with any subject, whether or not falling within the authority of the District government, as defined in this Act. The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the District in accordance with law. The Mayor shall have the right, under rules to be adopted by the Council, to be heard by the Council or any of its committees. The Mayor is authorized to issue and enforce administrative orders, not inconsistent with this or any other Act of the Congress or any act of the Council, as are necessary to carry out his functions and duties. The Mayor may reorganize the offices, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within ten days after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization --- ## **Article III - The Judiciary** ### Section I - Judicial Powers The judicial power of the District is vested in the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District and of any criminal case under any law applicable exclusively to the District. The Superior Court has no jurisdiction over any civil or criminal matter over which a United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of Appeals has jurisdiction of appeals from the Superior Court and, to the extent provided by law, to review orders and decisions of the Mayor, the Council, or any agency of the District. The District of Columbia courts shall also have jurisdiction over any other matters granted to the District of Columbia courts by other provisions of law. The chief judge of a District of Columbia court shall be designated by the District of Columbia Judicial Nominating Commission established by this charter. From among the judges of the court in regular active service, and shall serve as chief judge for a term of four years or until a successor is designated, except that the term as chief judge shall not extend beyond the chief judge's term as a judge of a District of Columbia court. An individual shall be eligible for redesignation as chief judge. ### Section II - Nominations and Appointments of Judges The President shall nominate by and with the advice and consent of the Senate, appoint all judges of the District of Columbia courts. No person may be nominated or appointed a judge of a District of Columbia court unless the person -- Is a citizen of the United States; is a bona fide resident of the District of Columbia and has maintained an actual place of abode in the District for at least two weeks immediately prior to the nomination, and shall retain such residency while serving as such judge. Not less than six months prior to the expiration of the judge's term of office, any judge of the District of Columbia courts may file with the Federal Election Commission a declaration of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of the term of office and shall be filled by appointment. --- ## **Article III - The Attorney General** ### Section I - Election of the Attorney General The Attorney General for the District ofColumbia shall be elected on a partisan basis by the registered qualified electors of the District. Nothing in this section shall prevent a candidate for the position of Attorney General from belonging to a political party. If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Federal Election Commission shall hold a special election in the District on the not more than seven days after the date on which such vacancy occurs which the Federal Election Commission determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Attorney General to fill a vacancy in the Office of the Attorney General shall take office on the day in which the Federal Election Commission certifies his or her election, and shall serve as Attorney General only for the remainder of the term during which the vacancy occurred unless reelected. When the position of Attorney General becomes vacant, the Chief Deputy Attorney General shall become the Acting Attorney General and shall serve from the date the vacancy occurs until the date on which the Federal Election Commission certifies the election of the new Attorney General at which time they shall again become the Chief Deputy Attorney General. While the Chief Deputy Attorney General is Acting Attorney General, they shall receive the compensation regularly paid the Attorney General, and shall receive no compensation as Chief Deputy Attorney General. The term of office for the Attorney General shall be eighty-five days. The term of office of the Attorney General shall coincide with the term of office of the Mayor. Any candidate for the position of Attorney General shall meet the qualifications of the Mayor. --- ## **Article IV - Ratificiation** The Ratification by the Office of Founders, shall be sufficient for the establishment of this City Charter for Washington, District of Columbia. --- *Established by Damp's United States of America* *© 2021-2022 All Rights Reserved*