RULES OF ORGANIZATION AND PROCEDURE
SUBCOMMITTEE ON HUMAN RIGHTS, LATINO AFFAIRS,
AND PROPERTY MANAGEMENT
COUNCIL PERIOD XIV
As Adopted January 9, 2001
JIM GRAHAM, CHAIRPERSON
ARTICLE IBDEFINITIONS 5
101. Definitions 5
ARTICLE IIBSUBCOMMITTEE OVERSIGHT RESPONSIBILITIES
201. Agencies Under the Purview of the Subcommittee 5
ARTICLE IIIBORGANIZATION 6
301. Chairperson 6
302. Subcommittee Staff 6
303. Additional Resource Persons 6
ARTICLE IVBSUBCOMMITTEE MEETINGS 6
401. Regular Meetings 7
(a) Time 7
(b) Place 7
(c) Recess and Rescheduling 7
(d) Cancellation 7
(e) Agenda 7
(f) Notice 7
402. Special and Additional Meetings 7
(a) Special Meetings 7
(b) Additional Meetings 8
(c) Notice 8
403. Procedures for Meetings 8
(a) Order of Business for Regular Meetings 8
(b) Order of Business for Special and Additional Meetings 9
(c) Proceeding Out of Order 9
(d) Recognition of Non-Subcommittee Members 9
404. Minutes of Meetings 9
405. Decorum of Members 10
406. Decorum of the Public 10
407. Notification of the Secretary 11
ARTICLE VBREVIEW OF AND REPORTS ON PROPOSED LEGISLATION 11
501. Approval of Measures 11
502. Reports on Bills and Proposed Resolutions 11
(a) Draft Reports 11
(b) Contents of Reports 11
503. Supplemental, Minority, and Additional Views 12
ARTICLE VIBHEARINGS AND INVESTIGATIONS 12
601. Hearing Procedures 12
(a) Calling 13
(b) Notice 13
(c) Open Hearing 13
(d) Quorum 13
(e) Questioning of Witnesses 13
(f) Hearing Decorum 13
(g) Recess 13
602. Rights of Witnesses 13
(a) Right to Counsel 13
(b) Right to Make Opening Statement 14
603. Testimony Under Oath 14
604. Depositions 14
605. Investigations 14
606. Issuance of Subpoenas 14
607. Report to Secretary Regarding Use of Subpoena 14
608. Service of Subpoenas 14
609. Enforcement of Subpoenas 15
610. Right to Assert Privileges 15
611. Notification of Rights 15
612. Right to Transcript 15
613. Right of Persons Who Are Subjects of Investigations 15
614. Rights of Persons Identified in Investigations 15
ARTICLE VIIBNOTICE PROVISION 16
701. Notice 16
ARTICLE VIIIBRULES 16
801. Rules of the Council 16
802. Amendment 17
803. Filing with the Council Secretary 17
804. Effective Period 17
Sec. 101. DEFINITIONS
Except as otherwise provided, the definitions contained in section 101 of the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV, are incorporated by reference.
For purposes of these rules, the term:
(1) "Chairperson" means the Chairperson of the Subcommittee on Consumer and Regulatory Affairs.
(2) "Subcommittee" means the Subcommittee on Human Rights, Latino Affairs, And Property Management .
(3) "Council Rules" means the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV.
(4) "Member" means a member of the Subcommittee on Human Rights, Latino Affairs, And Property Management .
(5) "Minutes" means a summary record of action and proceedings of the Subcommittee including, but not limited to, a description of each item including amendments, motions, or orders on which a vote was taken and the vote of each member concerning the item.
(6) "Quorum" means two members of the Subcommittee, except as provided in section 501.
(7) "Rules" means the Rules of Organization and Procedure for the Subcommittee on Human Rights, Latino Affairs, And Property Management for Council Period XIV.
(8) "Testimony" means the oral or written statements of a witness.
(9) "Witness" means a person who shall appear or is appearing before the Subcommittee whether voluntarily or by mandatory process.
ARTICLE II C SUBCOMMITTEE OVERSIGHT RESPONSIBILITIES
Sec. 201. AGENCIES UNDER THE PURVIEW OF THE SUBCOMMITTEE
The following agencies come within the purview of the Subcommittee on Human Rights, Latino Affairs, And Property Management :
Commission on Human Rights
Office of Human Rights
Office of Latino Affairs
Commission on Latino Economic Development
Office of Property Management
ARTICLE IIIBORGANIZATION OF THE SUBCOMMITTEE
Sec. 301. CHAIRPERSON
The Chairperson shall be the presiding officer of the Subcommittee. The Chairperson may designate a member to act as temporary Chairperson when the Chairperson is absent or recuses himself/herself from certain items before the Subcommittee.
Sec. 302. SUBCOMMITTEE STAFF
The Chairperson of the Subcommittee is responsible for the appointment, assignment, removal, and remuneration of the staff members of the Subcommittee, subject to appropriations and positions allocated by the Council. Staff members shall be responsible to the Chairperson for the performance of such duties as are assigned by these rules, by the Subcommittee, or by the Chairperson. Appointment of Subcommittee staff shall be made by the Chairperson, with the approval of the Subcommittee. Removals from, and the remuneration of the Subcommittee's staff shall be determined by the Chairperson.
Sec. 303. ADDITIONAL RESOURCE PERSONS
Additional persons not to be compensated by Council funds (i.e. student interns), may be retained by the Subcommittee staff with the approval of the Chairperson.
ARTICLE IVBSUBCOMMITTEE MEETINGS
Sec. 401. REGULAR MEETINGS
(a) Time. Regular meetings of the Subcommittee shall be held at 2:00 p.m. on the second Tuesday of each month except during periods of recess of the Council and legal holidays.
(b) Place. All regular meetings of the Subcommittee shall be held in Room 700 of 441 4th Street, N.W., Washington, D.C., 20001, unless another place is designated by the Chairperson.
(c) Recess and Rescheduling. If a majority of the Subcommittee is present at a regular meeting, the Chairperson may recess any regular meeting then in progress to another time, day, and place. The Chairperson may reschedule any future regular meeting provided each member is notified in writing at least one business day in advance of the scheduled meeting.
(d) Cancellation. The Chairperson may cancel a future regularly scheduled meeting provided each member is notified in writing at least one business day in advance of the scheduled meeting.
(1) The agenda and written material relating to the agenda items shall be available to the members 24 hours prior to the meeting of the Subcommittee.
(2) The Subcommittee staff shall prepare the agenda at the direction of the Chairperson. The agenda for all meetings, except special meetings called by a majority of the members, shall be set by the Chairperson.
(3) When preparing the agenda, Subcommittee staff shall include a consent agenda which shall include bills and resolutions the Chairperson believes will be adopted by unanimous vote. The consent agenda shall be approved by the Subcommittee during the meeting as provided by Section 403. Any member may strike a bill or resolution from the consent agenda prior to the vote on the consent agenda. Prior to the vote on the consent agenda a member may, without objection by another member, request a bill or proposed resolution printed on the non-consent agenda be moved to the consent agenda. Approval of the consent agenda during the meeting shall include the unanimous approval of all matters included in the consent agenda. If a member asks for his or her vote to be recorded on a particular measure, the measure shall not be included on the consent agenda.
(f) Notice. Notice will be given to all members of the Council of the date, time and place of all Subcommittee meetings at least 24-hours prior to all Subcommittee meetings, along with copies of the agenda and any measures to be considered, unless, without objection, members of the Subcommittee agree to shorter notice.
Sec. 402 SPECIAL AND ADDITIONAL MEETINGS.
(a) Special Meetings.
(1) Special meetings may be called by filing a written request with the Subcommittee staff for a special meeting signed by no fewer than two members. The Subcommittee staff shall notify the Chairperson and the other members of the filing of the request.
(2) The Chairperson shall call the special meeting within 72 hours of the written request and shall specify the date, hour, place, and agenda of the meeting.
(3) If the Chairperson does not call the requested meeting, a majority of the members may file a written notice with the Subcommittee staff that a special meeting will be held, specifying the date, place, and agenda for the meeting. Immediately upon the filing of the notice, the Subcommittee staff shall notify all members of the Subcommittee as provided for in subsection (c).
(b) Additional Meetings. Additional meetings shall be called at the discression of the Chairperson.
(1) Whenever an additional or special meeting is called, the Subcommittee staff shall notify each member and the Secretary of the Council, in writing, within 24 hours prior to the special meeting. The notice shall state the date, hour, place, and agenda of the special meeting.
(2) No matters shall be considered at any special meeting except those stated in the written request and notification.
(3) Any written material relating to the agenda items shall be made available to the Subcommittee members by the close of business of the working day prior to the meeting.
(4) Additional or special meetings to consider emergency matters may be called upon shorter notice, if this shorter notice is agreed upon in writing by a majority of the Subcommittee members.
Sec. 403. PROCEDURES FOR MEETINGS
(a) Order of Business for Regular Meetings. Subject to subsection (c), the Subcommittee shall conduct business for regular meetings of the Subcommittee in the following order:
(1) Call to order;
(2) Ascertainment of the presence of a quorum by the Chairperson;
(3) Reading and approval of the minutes;
(4) Approval of consent agenda without objection by any member;
(5) Consideration of proposed reports on and markup of pending measures assigned to the Subcommittee under section 406 of the Council Rules;
(6) Scheduling of hearings;
(7) Old business;
(8) New business; and
(b) Order of Business for Special Additional Meetings. The Subcommittee shall take up business in the following order at a special or additional meeting:
(1) Call to order at the date, hour, and place set forth in the notice of the meeting;
(2) Ascertainment of the presence of a quorum by the Chairperson; and
(3) If a quorum is present, consideration of business in the order set forth in the meeting notice.
(c) Proceeding Out of Order. The Chairperson or presiding member may, without objection or upon the vote of a majority of the members present and voting, take up any item of business out of order.
(d) Recognition of Non-Members. The Chairperson or presiding member may recognize a member of the public or a District government employee when the participation of the person would, in the judgment of the Chairperson or presiding member, enhance the understanding of the matter under consideration by the Subcommittee.
Sec. 404. MINUTES OF MEETINGS
The Subcommittee staff as assigned shall take minutes of Subcommittee meetings. The minutes shall include a description of all Subcommittee action and a description of each amendment, motion, order, or other proposition on which a roll call vote was taken, the name of each member voting for and against the amendment, motion, order or proposition, and the names of those members present but not voting. Unless the Subcommittee specifically directs otherwise, minutes need not be taken of hearings before the Subcommittee. After adoption, minutes shall be filed with the Secretary to the Council and shall be made available for public inspection during normal business hours of the Council. Minutes kept pursuant to this section shall be in addition to the transcript or transcription of meetings and hearings required by the Council rules.
Sec. 405. DECORUM OF MEMBERS
(a) Members shall not engage in private discourse or commit any other act tending to distract the attention of the Subcommittee from the business before it.
(b) In debate, a member must confine remarks to the question at hand, and avoid personalities.
(c) It is not the person but the measure that is the subject of debate, and it is not allowable to question or impugn the motives of a member, but the nature or consequences of a measure may be condemned in strong terms.
Sec. 406. DECORUM OF THE PUBLIC
(a) The Chairperson shall maintain order during Subcommittee meetings. If the Chairperson determines that the removal of a person other than a member is necessary to maintain order, after warning the person, the Chairman may order the removal of the disorderly person.
(b)(1) No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the Subcommittee hearing or meeting rooms or Council Chamber. No demonstrations are permitted in the Subcommittee hearing or meeting rooms or Council Chamber or any area in which a Subcommittee proceeding or a public hearing is being conducted.
(2) This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing of other persons at a meeting nor extend from the body as may cause injury to another.
(3) Any person who shall violate the provisions of this subsection, relating to signs, or who shall willfully interrupt or disturb Subcommittee proceedings, after warning to desist, may be removed from the premises.
(4) Models, photographs, maps, charts, drawings, and other such demonstrative materials intended for use in a presentation by a specific person in testimony before the Subcommittee shall be permitted.
(d) No person, except a member of the Council or Council staff, shall be allowed in the anterooms of the Council Chamber, during the course of any hearing or other proceeding of the Council or any committee or subcommittee of the Council, except upon invitation of the Chairman of the Council or the Chairperson of the committee or subcommittee holding the public hearing.
Sec. 407. NOTIFICATION OF THE SECRETARY
Prior to announcement of any additional or special Subcommittee meetings, or the rescheduling of any regular meeting, Subcommittee staff shall notify the Council Secretary of the proposed meeting date and time, and shall learn if the proposed meeting date and time conflicts with any previously scheduled meeting of another committee or subcommittee.
ARTICLE VBREVIEW OF AND REPORTS ON PROPOSED LEGISLATION
Sec. 501. APPROVAL OF MEASURES
The Subcommittee may not report out a measure or recommendation on a matter assigned to the Subcommittee unless a majority of the members was actually present at the time of approval by the Subcommittee. If an amendment is orally moved during a Subcommittee meeting, it shall, upon request by a member, be reduced to writing and read by the Subcommittee staff.
Sec. 502. REPORTS ON BILLS AND PROPOSED RESOLUTIONS
(a) Draft Reports. Each bill or resolution shall be accompanied by a draft report when it is considered by the Subcommittee, unless the Subcommittee votes to waive this requirement for a particular bill or resolution. In the event of a waiver, the Subcommittee shall vote on the draft report at a regularly scheduled, additional, or special meeting of the Subcommittee before filing the report and the reported bill or resolution with the Secretary.
(b) Contents of Reports. Each adopted report on a bill or proposed resolution assigned to the Subcommittee shall be in writing, signed by the Chairperson, accompanied by the final bill or resolution and shall contain:
(1) A statement of the purpose and effect of the bill or resolution;
(2) A chronology of action, including the date of introduction, date of notice of intended action and notice of hearing were published in the D.C. Register, date of public hearings or public roundtables, and date and description of any action taken at a Subcommittee meeting;
(3) A detailed section-by-section analysis of the provisions of the bill or resolution;
(4) The Subcommittee reasoning;
(5) A fiscal impact statement as provided in section 443(c) of the Council Period XIV Rules;
(6) An analysis of the impact on existing provisions of law that the bill or resolution would modify or affect; such analysis shall include a "strike and replace" version of any statute to be amended. The "strike and replace" version shall contain the language of the statute marked with brackets or strike-out to show the language that would be deleted and marked with italics or underscoring to show the language that would be added by the proposed legislation.
(7) Dissenting, separate, and individual views of a Subcommittee member, if the member requested the opportunity to state his/her other views;
(8) A list of all introducers and co-sponsors.
(9) Any additional information that the Chairperson directs to be included;
(10) A record of the results of a voice or roll call vote; and
(11) Any recorded votes on amendments to the bill or resolution.
(12) A subcommittee print which states, in the upper left hand corner, the bill or proposed resolution number of the measure, the name of the committee, the date of committee markup, and the words "committee print".
Sec. 503. SUPPLEMENTAL, MINORITY, AND ADDITIONAL VIEWS
If, at the time of approval of any measure by the Subcommittee, any member of the Subcommittee gives notice of intent to file supplemental, minority, or additional views, that member shall have not less than five days (excluding Saturdays, Sundays, and legal holidays) in which to file his/her views in writing. Such views shall be filed with the Subcommittee staff and shall be included in the report of the Subcommittee on that measure.
ARTICLE VIBHEARINGS AND INVESTIGATIONS
Sec. 601. HEARING PROCEDURES
(a) Calling. (1) The Subcommittee shall hold a hearing when required by law, and may hold a hearing or roundtable on any matter related to the affairs of the District that is properly within the Subcommittee's jurisdiction.
(2) A hearing or roundtable shall be held on all permanent bills prior to final adoption by the Subcommittee. A hearing or roundtable is not required where a hearing or roundtable on a similar bill was held in a prior Council Period.
(b) Notice. Written notice of Subcommittee hearings shall be given in the manner provided for in section 422(a) of the Council Period XIV Rules.
(c) Open Hearing. Each hearing shall be open to the public unless a majority of the Subcommittee decides in open session or publicly agrees that the hearing should be closed.
(d) Quorum. One member of the Subcommittee constitutes a quorum for the taking of testimony at a hearing.
(e) Questioning of Witnesses.
(1) Each member and participating non-Subcommittee member shall have not more than ten minutes for the questioning of a witness before the Subcommittee at a time, and questioning shall proceed in the order that Subcommittee members arrived, followed by non-Subcommittee members .
(2) A witness may be questioned, with the consent of the Chairperson or presiding member, by Subcommittee or authorized Council staff or by counsel advising the Subcommittee.
(f) Hearing Decorum.
(1) No witness may address a member except through the Chairperson or presiding member, except when responding to a direct question of a member.
(2) A witness shall confine his or her remarks to the question under discussion and shall avoid making negative personal comments.
(3) The Chairperson or presiding member shall maintain order during the meeting and if, in his or her opinion, the removal of any member of the public is necessary to maintain order, the Chairperson or presiding member may, after warning, order the removal of any disorderly person.
(g) Recess. A hearing may be recessed at any time by the Chairperson or member presiding over the hearing.
Sec. 602. RIGHTS OF WITNESSES
(a) Right to Counsel. Any witness who appears before the Subcommittee has the right to be represented by counsel.
(b) Right to Make Opening Statement. Any witness who testifies at a hearing of the Subcommittee may submit an opening statement that shall be placed in the record of the hearing. The Chairperson or presiding member may permit a witness to read the statement at the hearing.
Sec. 603. TESTIMONY UNDER OATH
A witness may be affirmed or sworn to give truthful testimony.
Sec. 604. DEPOSITIONS
The Subcommittee may authorize a Subcommittee member or Subcommittee staff to take the testimony of witnesses by oral or written deposition.
Sec. 605. INVESTIGATIONS
The Subcommittee may investigate any matter relating to the affairs of the District of Columbia that comes under the jurisdiction of the Subcommittee. The Subcommittee may also direct another person to investigate a matter within the Subcommittee's jurisdiction.
Sec. 606. ISSUANCE OF SUBPOENAS
Subject to Sec. 241 of Council Period XIV Rules, the Subcommittee may require the attendance and testimony of witnesses and the production of documents, papers, and other tangible items through the use of its subpoena power. If a subpoena is issued and the person named on the subpoena does not respond, the Subcommittee may, by resolution, refer the matter to the Committee of the Whole for referral to the Superior Court of the District of Columbia.
Sec. 607. REPORT TO SECRETARY REGARDING USE OF SUBPOENA
Prior to issuing a subpoena, the Subcommittee shall submit a report to the Secretary of the Council outlining the nature and scope of the investigation and the type of information sought through the use of the subpoena.
Sec. 608. SERVICE OF SUBPOENAS
Subpoenas shall be served personally on the witness or his or her designated agent in one of the following ways which may be attempted concurrently or successively:
(1) By a special process server, at least 18 years of age, designated by the Subcommittee from among the staff appointed by the Secretary to the Council who are not directly involved in the investigation; or
(2) By a special process server, at least 18 years of age, engaged by the Subcommittee or the Council for this purpose.
Sec. 609. ENFORCEMENT OF SUBPOENAS
The Subcommittee may refer to the Council any case of contumacy by any person subpoenaed to appear before the Subcommittee.
Sec. 610. RIGHT TO ASSERT PRIVILEGES
(a) Any witness has the right to refuse to answer any question which might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges, or statutory or common law privileges recognized in the Superior Court of the District of Columbia.
(b) If a witness asserts a privilege, the Chairperson or presiding member shall inquire into the witness's reasons for claiming the privilege. If the Chairperson or presiding member determines that the claim of privilege is not warranted, he or she shall direct the witness to answer the question. A witness's continued claim of privilege in the face of an order by the Chairperson or presiding member to answer a specific question constitutes contumacy by the witness.
Sec. 611. NOTIFICATION OF RIGHTS
Where a witness under subpoena is not represented by counsel, the Chairperson or presiding member shall advise the witness of his or her privilege against self-incrimination.
Sec. 612. RIGHT TO TRANSCRIPT
A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.
Sec. 613. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS
Any person who is the subject of an investigation authorized under section 601 of Council Period XIV Rules may submit written questions for the cross-examination of other witnesses at public hearings called by the Subcommittee. With the consent of the members present and voting, those questions may be put to the witness by any member, by any authorized staff member, or by counsel advising the Council or the Subcommittee.
Sec. 614. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS
Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Council or a Subcommittee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment that is at issue.
ARTICLE VIIBNOTICE PROVISION
Sec. 701. NOTICE
If there is no specific requirement for the giving of notice of any Subcommittee action, meeting, or hearing, notice may be given by one of the following methods:
(a) Posting in prominent places in the District Building or 441 4th Street, N.W. or other public buildings or public posting places;
(b) Publication in one or more newspapers of general circulation;
(c) Publication in the District of Columbia Register;
(d) Mailing notice to an established mailing list of organizations and individuals as maintained by the Subcommittee Clerk;
(e) Use of other news media; or
(f) Any other manner the Subcommittee considers appropriate.
Sec. 801. RULES OF THE COUNCIL
The following Rules of the Council are and shall be considered rules of the Subcommittee and except where the context dictates to the contrary, the term "Council" means "Subcommittee," the term "Member" or "Member of the Council" means "Member of the Subcommittee," the term "Chairman" means "Chairperson of the Subcommittee," and the term "Secretary" means "Subcommittee staff director or other Subcommittee staff:" 101 (Definitions); 202 (Conflict of Interest); 241 (Subcommittees); 304 (Quorum); 305 (Meetings Open to the Public); 306 (Executive Sessions); 307 (Hearing the Mayor); 321 (Decorum of Members); 322 (Decorum of Members of the Public); 331 (Obtaining the Floor); 332 (Limitations on Debate); 333 (Personal Privilege); 334 (Points of Order); 335 (Appeal); 336 (Extensions of Remarks); 337 (Recognition of Non-Members); 341 (Motions Recognized During Debate); 342 (Withdrawal or Modification of Motions); 344 (Amendments to be Written); 351 (Form of Vote); 352 (Voice Votes); 353 (Demand for Roll Call Vote); 355 (Records of Votes); 356 (Proxy Voting Prohibited); 357 (Reconsideration); 447 (Records of Legislative Meetings); 449 (Effect of End of Council Period); 1001 (Parliamentary Authority); 601 (Resolution Authorizing the Use of Subpoenas in an Investigation); 604 (Testimony Under Oath); 605 (Issuing the Oath); 606 (Depositions); 611 (Issuance of Subpoenas); 612 (Report to Secretary Regarding Use of Subpoena); 613 (Service of Subpoenas); 614 (Enforcement of Subpoenas); 621 (Right to Assert Privileges); 622 (Notification of Rights); 623 (Right to Transcript); 624 (Rights of Persons Who are Subjects of Investigations); 1002 (Gender Rule of Construction); and 1003 (Suspension of Rules). Whenever there is inconsistency between these rules and the Council Period XIV Rules, the Council Rules shall govern.
Sec. 802. AMENDMENT
These rules may be amended by a majority of the Subcommittee at any Subcommittee meeting. Notice of the proposed amendment shall be in writing, signed by the proposer, and circulated to each member at least five days prior to the meeting at which the proposed amendment is to be considered, unless the notice is waived by each member to whom it is not given.
Sec. 803. FILING WITH THE COUNCIL SECRETARY
Upon the adoption of these rules or any future amendments, the Subcommittee staff shall file a copy of the final rules or amendments with the Secretary of the Council.
Sec. 804. EFFECTIVE PERIOD
These Rules will be effective until superseded by Rules of Organization and Procedure for the Subcommittee on Human Rights, Latino Affairs, and Property Management adopted in a succeeding Council Period, unless modified by a majority of the Subcommittee members during Council Period XIV.