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Improper Solicitation Prohibition Act Washington D.C.
In Washington D.C., the Improper Solicitation Prohibition Act aims to ensure the integrity of public administration by prohibiting officials and associated individuals from accepting bribes, gifts, or undue influence that may distort official duties. This article outlines the scope, prohibited conduct, penalties, and reporting procedures under D.C. ethics laws.
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1. Improper Solicitation Prohibition Act Washington D.C.: Scope and Applicability
The Act covers a wide range of public servants and related entities. It ensures fair governance and prohibits private interest interference.
Improper Solicitation Prohibition Act Washington D.C.: Covered Entities
This law applies to:
- District government agencies and public boards
- Legislative bodies, judicial officers, and employees
- Public school systems and charter schools
- Public universities and related academic institutions
- Employees and officers of quasi-governmental entities
- Individuals performing public functions under contract
Improper Solicitation Prohibition Act Washington D.C.: Covered Individuals
Individuals subject to the law include:
- Elected officials (e.g., councilmembers)
- Government employees, contractors, and advisors
- Spouses of public officials (if receiving indirect benefits)
- Legal interns, externs, and individuals in public-interest appointments
- Consultants or volunteers serving official functions
2. Improper Solicitation Prohibition Act Washington D.C.: Prohibited and Permitted Conduct
Washington D.C. law draws a firm line between appropriate advocacy and unethical influence. However, it does recognize legitimate forms of communication.
Improper Solicitation Prohibition Act Washington D.C.: Prohibited Solicitations
Public officials must not engage in or accept solicitations in the following scenarios:
- Requests for favorable administrative actions, including licenses or permits
- Solicitation of leniency in enforcement, fines, or penalties
- Interventions in hiring, promotion, or disciplinary actions
- Influence over procurement decisions or vendor selections
- Improper access to confidential or classified government data
- Advocacy for award nominations or financial subsidies
- Attempts to alter audit, inspection, or investigative outcomes
- Unauthorized influence over law enforcement or judicial procedures
Improper Solicitation Prohibition Act Washington D.C.: Permitted Activities
Not all communication is banned. The following are exceptions when done through lawful channels:
- Requests based on legal entitlements (e.g., status updates)
- Legislative or civic petitions submitted transparently
- Inquiries from elected representatives made for public interest
- Submitting documentation or complaints through official channels
- Public hearings or testimony before government bodies
- Interactions initiated for legal or procedural clarification
3. Improper Solicitation Prohibition Act Washington D.C.: Gift and Benefit Restrictions
To avoid conflict of interest, Washington D.C. imposes strict limits on the giving and receiving of gifts among officials and stakeholders.
Improper Solicitation Prohibition Act Washington D.C.: Prohibited Gifts
Officials may not solicit or accept:
- Gifts exceeding $50 per instance or $100 annually from a single source
- Cash, checks, or equivalent monetary items under any condition
- Meals, travel, or event tickets given with the intent to influence
- Loans or hospitality lacking fair market value consideration
Improper Solicitation Prohibition Act Washington D.C.: Acceptable Exceptions
Some benefits are allowed under narrow exceptions:
- Publicly provided items or meals during official duties
- Awards or plaques of nominal value for public service
- Items received from family members or personal friends
- Political contributions in compliance with campaign finance laws
- Gifts distributed widely at conferences or training events
4. Improper Solicitation Prohibition Act Washington D.C.: Penalties and Disciplinary Measures
Violating the Act may lead to serious legal and administrative consequences.
Improper Solicitation Prohibition Act Washington D.C.: Civil and Criminal Penalties
| Violation Type | Sanction |
|---|---|
| Solicitation through third parties | May result in civil penalties up to $5,000 depending on severity and discretion of BEGA. |
| Acceptance of bribes or improper gifts | Up to 5 years imprisonment and $25,000 fine |
| Repeated or egregious conflict of interest cases | Removal from public office and permanent disqualification |
Note: Exact sentencing may vary depending on the value exchanged and intent proven.
Improper Solicitation Prohibition Act Washington D.C.: Employment Consequences
Government employees may face:
- Suspension or demotion
- Termination of employment
- Loss of professional licensure (if applicable)
- Disqualification from future public contracts
5. Improper Solicitation Prohibition Act Washington D.C.: Reporting Obligations
Any individual who becomes aware of a potential violation is encouraged—and in some cases required—to report it.
Improper Solicitation Prohibition Act Washington D.C.: Reporting Steps
- Internal Disclosure: Employees must report to the agency’s ethics officer.
- Documentation: Keep records of attempted or completed solicitations.
- Referral: Cases may be forwarded to the D.C. Board of Ethics and Government Accountability (BEGA).
- Confidentiality: Whistleblowers are protected under D.C. law from retaliation.
Improper Solicitation Prohibition Act Washington D.C.: Response by Agencies
Upon receiving a report, the agency must:
- Acknowledge and investigate the claim
- Suspend the official from duties if required
- Notify BEGA or other relevant oversight bodies
- Implement corrective measures and disciplinary actions
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
