Chair, Board of Elections and EthicsBoard of Elections and Ethics
Government of the District of Columbia
One Judiciary Square
441 4th Street NW
Suite 250 North
Washington, DC 20001
Pursuant to the authority set forth in D.C. Official Code 1-1103-01 (b-1) (1) 2001 edition, and the authority vested in the District of Columbia Board of Elections and Ethics by the District of Columbia Government.
I respectfully request a complete investigation into the Campaign related actions of Ward 4 Councilmember Muriel Bowser. In so doing, it is evident that while being duly elected and serving her current term as as Councilmember for Ward 4, District of Columbia, she has personally violated the terms of Section 3300 of Chapter 33 of 3 DCMR, “Applicability” as it reads.
Specific to my complaint and request for a board instigated investigation, section 3300.1 A Conflict of interest shall occur when a public official exerts any “effort to realize personal gain”, as defined in 9900.1 through official conduct. Additionally, pursuant to Code 3301.1
“A person shall be prohibited from using their official position to obtain financial gain, other than that compensation provided by law for the public official, for the following.
(a)The public official;
(b)Any member of the public official’s household; or
(c)Any business with which the public official or a member of the public official household is associated.
It is alleged that Councilmember Muriel Bowser did on occasion use her District of Columbia government issued cell phone for personal gain. By both dialing this cell phone to make direct contact with her campaign office and by receiving incoming calls from the number clearly identifiable by caller identification on her Blackberry device, and thus engaging in conversation with her staff at the campaign offices, she is in violation of above aforementioned laws.
Use of said government issued cellular phone on government paid and contracted minutes constitutes an abuse of the guidelines set forth in the official code. This use is in direct violation of of the ability of the sitting councilmember to possibly have personal gain. As well a violation of Campaign laws that forbid the mingling of normal Councilmember and District of Columbia Government responsibility with that of re-election efforts. There can be no clear line of division when a government issued cell phone is used for any contact with a campaign office. Either during regular government hours of operation or evening/weekend hours. There should be a clear division to the two offices and the staff of each endeavor.
Additionally, pursuant to code 3301.9 “Resources of the District of Columbia Government shall include, but not be limited to, the following:
(a)The personal services of employees during their hours of work and
(b)Non Personal services
It is suggested to the board that Ward 4 Councilmember Muriel Bowser did on numerous occasion speak with campaign staff and did request that Council staff relay messages via their government issued cell phones to both paid staff as well as volunteer staff at the campaign headquarters during regular business hours.
As per the provisions of code 3301.10 “Non personal services shall include, but not be limited to, the following:
(f)Utilities, for example, telephone, gas and electric services.
It is suggested that Ward 4 Councilmember Muriel Bowser and members of her Council staff have on occasion abused the ethics of these codes of the “District of Columbia Government to engage in re-election, while being in office and during regular Government of the District of Columbia hours of operation.
As stated in code 3300.1 “A conflict of interest shall occur when a public official exerts any “efforts to realize personal gain”, as defined in 9900.1 through official conduct.
These violations and the attached document obtained through the Freedom of Information Act, through the Office of the Secretary of the Council, clearly demonstrates that Councilmember Muriel Bowser is and has been in violation of said District of Columbia laws pertaining to the above stated ethics as presented by the BOEE.
On this day (23 March 2012 do by this written notice request that the District of Columbia Board of Elections and Ethics conduct a thorough and responsive investigation into the matters as presented.