RULES OF ORGANIZATION AND PROCEDURE
FOR THE SUBCOMMITTEE ON
LABOR, VOTING RIGHTS AND REDISTRICTING
COUNCIL PERIOD XIV
PHIL MENDELSON, CHAIRPERSON
ARTICLE I-DEFINITIONS 4
101. Definitions 4
ARTICLE II-ORGANIZATION 4
201. Chairperson 4
202. Subcommittee Staff 5
(a) Subcommittee Clerk 5
(b) Additional Staff 5
(c) Additional Resource Persons 5
(d) Staff Changes, Assignments, and Remuneration. 5
ARTICLE III-SUBCOMMITTEE MEETINGS 5
301. Regular Meetings 5
(a) Time 5
(b) Place 5
(c) Rescheduling 5
(d) Cancellation 6
(e) Agenda 6
302. Special and Additional Meetings 6
(a) Special Meetings 6
(b) Additional Meetings 7
(c) Notice 7
303. Procedures for Meetings 7
(a) Order of Business for Regular Meetings 7
(b) Order of Business for Special and Additional Meetings 8
(c) Proceeding Out of Order 8
(d) Recognition of Non-Subcommittee Members 8
304. Minutes of Meetings 8
ARTICLE IV-REVIEW OF AND REPORTS ON PROPOSED LEGISLATION 8
401. Approval of Measures 8
402. Reports on Bills and Proposed Resolutions 9
(a) Draft Reports 9
(b) Contents of Reports 9
403. Supplemental, Minority, and Additional Views 10
ARTICLE V-HEARINGS AND INVESTIGATIONS 10
501. Hearing Procedures 10
(a) Calling 10
(b) Notice 10
(c) Open Hearing 10
(d) Quorum 10
(e) Questioning of Witnesses 10
(f) Hearing Decorum 10
(g) Recess 11
502. Rights of Witnesses 11
(a) Right to Counsel 11
(b) Right to Make Opening Statement 11
503. Testimony Under Oath 11
504. Depositions 11
505. Investigations 11
506. Issuance of Subpoenas 11
507. Report to Secretary Regarding Use of Subpoena 12
508. Service of Subpoenas 12
509. Enforcement of Subpoenas 12
510. Right to Assert Privileges 12
511. Notification of Rights 12
512. Right to Transcript 13
513. Right of Persons Who Are Subjects of Investigations 13
514. Rights of Persons Identified in Investigations 13
ARTICLE VI-NOTICE PROVISION 13
601. Notice 13
701. Rules of the Council 14
702. Amendment 14
703. Filing with the Committee of the Whole and Council Secretary 15
704. Effective Period 15
Sec. 101. DEFINITIONS
(a) 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.
(b) For the purposes of these Subcommittee rules, the term:
(1) "Chairperson" means the Chairperson of the Subcommittee on Labor, Voting Rights and Redistricting.
(2) "Subcommittee" means the Subcommittee on Labor, Voting Rights and Redistricting.
(3) "Subcommittee Rules" means the Rules of Organization and Procedure for the Subcommittee on Labor, Voting Rights and Redistricting for Council Period XIV.
(4) "Council Rules" means the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV.
(5) "Member" means a member of the Subcommittee on Labor, Voting Rights and Redistricting.
(6) "Minutes" means a summary record of action and proceedings of the Subcommittee including, but not limited to, a description of each action, including amendments, motions, or orders on which a vote was taken and the vote of each member concerning the action.
(7) "Quorum" means two members of the Subcommittee, except as provided in section 501(d).
(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-ORGANIZATION OF THE COMMITTEE
Sec. 201. 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 from certain items before the Subcommittee.
Sec. 202. COMMITTEE STAFF
(a) Subcommittee Clerk. The Chairperson shall appoint a Subcommittee clerk with the approval of the Subcommittee, pursuant to section 406 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code § 1-604.6). The clerk shall be the secretary and chief administrative officer of the Subcommittee, shall keep the minutes and all records of meetings and Subcommittee business and shall perform other administrative, legislative, and policy functions assigned by these rules or the Chairperson.
(b) Additional Staff. The Chairperson shall appoint additional staff with the approval of the Subcommittee, pursuant to section 406 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code § 1-604.6), and subject to appropriations and positions allocated by the Council. The additional staff shall perform duties that shall be assigned by the Subcommittee clerk or the Chairperson.
(c) Additional Resource Persons. Additional persons not to be compensated by Council funds, may be retained by the Subcommittee staff with the approval of the Chairperson.
(d) Staff Assignments, Removals, and Remuneration. Subcommittee staff assignments, removals, and remuneration shall be determined by the Chairperson. The Chairperson shall notify the Subcommittee members of any action pertaining to removals within 3 working days.
ARTICLE III-SUBCOMMITTEE MEETINGS
Sec. 301. REGULAR MEETINGS
(a) Time. Regular meetings of the Subcommittee shall be held at 2:00 P.M. on the 3rd Thursday of each month except during periods of Council recess and legal holidays.
(b) Place. Regular meetings of the Subcommittee shall be held in Room 700 of One Judiciary Square, 441 4th Street, N.W., Washington, D.C., 20001, unless another place is designated by the Chairperson.
(c) Notice. Notice of meetings shall be given pursuant to section 601 of these rules.
(d) 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 Councilmember is notified in writing at least 1 business day in advance of the scheduled meeting.
(e) Cancellation. The Chairperson may cancel a regularly scheduled meeting provided each member is notified in writing at least 24 hours in advance of the scheduled meeting.
(1) The agenda and written material relating to the agenda items, including drafts of any measures to be considered by the Subcommittee, shall be circulated to all Councilmembers at least 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.
(f) Consent Agenda.
The Chairperson shall prepare a consent agenda for each meeting which shall include bills and resolutions that the Chairperson believes will be adopted by unanimous vote. Any member may strike a bill or proposed resolution from the consent agenda at the meeting prior to the vote on the consent agenda. Bills and resolutions removed from the consent agenda shall be considered as provided in section 303. Prior to the vote on the consent agenda at a meeting, and without objection from any other member, a member may request that a measure printed on the non-consent agenda be moved to the consent agenda. Approval of the consent agenda during the meeting will include the unanimous approval of all matters included in the consent agenda. If a member asks for his or her vote to be recorded otherwise on a particular measure, the measure shall not be included on the consent agenda.
Sec. 302 SPECIAL AND ADDITIONAL MEETINGS.
(a) Special Meetings.
(1) Special meetings may be called by filing with the Subcommittee Chairman a written request for a special meeting, signed by no fewer than two members.
(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 director 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 by the Chairperson.
(1) Whenever an additional or special meeting is called, the Subcommittee staff shall notify each Councilmember in writing, at least 24 hours before the meeting. The notice shall state the date, hour, place, and agenda of the 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, including drafts of measures to be considered by the Subcommittee, shall be circulated to all Councilmembers at least 24 hours prior to the meeting or by the close of business of the working day prior to the additional or special meeting, whichever is earlier.
Sec. 303. PROCEDURES FOR MEETINGS
(a) Order of Business for Regular Meetings. Subject to subsection (c), the business for regular meetings of the Subcommittee shall include the following:
(1) Call to order;
(2) Ascertainment of the presence of a quorum by the Chairperson;
(3) Approval of the minutes;
(4) Consideration of the consent agenda;
(5) Consideration of proposed reports on and markup of pending measures assigned to the Subcommittee under section 406 of the Council Rules;
(6) Old business;
(7) New business; and
(b) Order of Business for Special and 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-Subcommittee 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. 304. MINUTES OF MEETINGS
The Subcommittee staff 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 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 any recorded transcription of meetings and hearings required by the Council rules.
ARTICLE IV-REVIEW OF AND REPORTS ON PROPOSED LEGISLATION
Sec. 401. APPROVAL OF MEASURES
The Subcommittee may not report out a measure or recommendation on a matter assigned to the Subcommittee unless a quorum is 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. 402. 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 Committee of the Whole and the Council Secretary.
(b) Each adopted report on a bill or resolution shall be in writing, signed by the Subcommittee's chairperson, accompanied by the final bill or resolution, and contain the following information regarding the reported legislation:
(1) A statement of its purpose and effect;
(2) A chronology of action, including the date of introduction, a listing of all introducers and cosponsors, the date that the notice of Council intended action and notice of hearing was published in the D.C. Register, and the date and description of any action taken at a committee meeting;
(3) A detailed section-by-section analysis of its provisions;
(4) The Subcommittee reasoning;
(5) A fiscal impact statement as provided in Rule 443(c) of the Council Rules ;
(6) An analysis of the impact on existing provisions of law that it would modify or affect;
(7) Any recorded votes on amendments to the bill;
(8) A record of the results of a voice vote or, if a roll call, the votes to adopt the legislation and the motion to adopt the report;
(9) Dissenting, separate, and individual views of Subcommittee members, if members demanded the opportunity to state their views;
(10) A Subcommittee print that states the bill or proposed resolution number of the measure; in the top left-hand corner of the measure the name of the committee, the date of the committee markup, and the words "subcommittee print";
(11) Any additional information that the Subcommittee directs to be included.
Sec. 403. 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 or her views in writing. Such views shall be filed with the Subcommittee staff director and shall be included in the report of the Subcommittee on that measure.
ARTICLE V-HEARINGS AND INVESTIGATIONS
Sec. 501. HEARING PROCEDURES
(a) Calling. The Subcommittee may hold a hearing or roundtable before passage of any bill or proposed resolution if called by the Chairperson.
(b) Notice. Written notice of Subcommittee hearings shall be given in the manner provided for in section 422(a) of the Council 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 staff 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 to another time, day, and place by the Chairperson or member presiding over the hearing.
Sec. 502. 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. 503. TESTIMONY UNDER OATH
A witness may be affirmed or sworn to give truthful testimony.
Sec. 504. DEPOSITIONS
The Subcommittee may authorize a Subcommittee member or Subcommittee staff to take the testimony of witnesses by oral or written deposition.
Sec. 505. 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. 506. ISSUANCE OF SUBPOENAS
Subject to Council 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 Council.
Sec. 507. 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. 508. 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 is 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. 509. ENFORCEMENT OF SUBPOENAS
The Subcommittee may refer to the Council any case of contumacy by any person subpoenaed to appear before the Subcommittee.
Sec. 510. 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. 511. 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. 512. 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. 513. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS
Any person who is the subject of an investigation authorized under section 601 of the Council Rules may submit written questions for the cross-examination of other witnesses at public hearings held 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. 514. 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 VI-NOTICE PROVISION
Sec. 601. NOTICE
(a) The clerk shall circulate a notice of the date, hour, and place of all Subcommittee meetings to all members of the Council at least 24-hours before the date of the meeting, along with a copy of the agenda of the meeting and a draft of any measures to be considered. The clerk shall ensure that meetings of the subcommittee do not conflict with a previously scheduled meeting of a Council Committee or another subcommittee.
(b) If there is no specific requirement elsewhere in these Subcommittee rules for the giving of notice of any subcommittee action, meeting, or hearing, notice may be given by one of the following methods:
(1) Posting in public posting places in 441 4th Street, N.W., or other public buildings or public posting places;
(2) Publication in one or more newspapers of general circulation;
(3) Publication in the District of Columbia Register;
(4) Mailing notice (which may be by postal service, facsimile or e-mail) to an established mailing list of organizations and individuals as maintained by the Secretary of the Council or the subcommittee clerk;
(5) Use of other news media; or
(6) Any other manner the Subcommittee considers appropriate.
Sec. 701. 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 clerk or other Subcommittee staff:" 101 (Definitions); 202 (Conflict of Interest); 304 (Quorum); 305 (Meetings Open to the Public); 306 (Executive Meetings); 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); 343 (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); 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); 1001 (Parliamentary Authority); 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. 702. 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.
Sec. 703. FILING WITH THE COMMITTEE OF THE WHOLE AND 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 Clerk of the Committee of the Whole and the Secretary of the Council.
Sec. 704. EFFECTIVE PERIOD
These Rules will be effective for Council Period XIV.