§ 1–309.14. Advisory Neighborhood Commission Security Fund.

*NOTE: This section includes amendments by emergency legislation that will expire on October 13, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) There is established, for the purpose of insuring Advisory Neighborhood Commissions against unauthorized expenditures or loss of funds, an Advisory Neighborhood Commission Security Fund (“Fund”) to be held in the custody of a Board of Trustees (“Trustees”) composed of the Secretary of the District of Columbia, the General Counsel to the Council of the District of Columbia, and the District of Columbia Auditor. The Executive Director of the Office of Advisory Neighborhood Commissions shall serve as a non-voting Trustee. The Trustees shall have exclusive authority and discretion in its fiduciary capacity to manage and control the Fund. The Fund shall not be held liable for any loss as the result of an expenditure authorized by a vote of a Commission.

(b) Each Advisory Neighborhood Commission may become a participant of the Fund upon payment to the Fund of an annual contribution at the beginning of the fiscal year in an amount to be determined by the Trustees; except, that no new security fund applications shall be accepted after November 15, 2024. A Commission shall be eligible to participate in the Fund if the treasurer and the Chairperson of the Commission agree, on a form to be provided by the Trustees, to be personally liable to the Fund for any sum paid out by the Fund as a result of the treasurer or Chairperson’s wrongful misappropriation or loss of Commission monies.

(c) If, in any fiscal year, the Trustees determine that there are sufficient assets in the Fund to cover reasonably expected losses, the Trustees may waive or delay monetary contributions for any Commission that made a contribution in the most recent fiscal year for which the Fund required a contribution.

(d) If a participating Commission suffers a monetary loss that may be reimbursed by the Fund, the Commission may request reimbursement upon a written application form provided by the Trustees. The application form shall be signed by a majority of the members of the participating Commission on a form provided by the Trustees. The Trustees shall consider the request at a public meeting held in accordance with § 1-207.42. Notice of the meeting shall be published in the District of Columbia Register no later than 30 days prior to the meeting and shall be sent by registered mail to the Chairperson of the Commission and the treasurer of the Commission at the time that the loss was incurred.

(e) Assets of the Fund shall be held in an interest bearing account located in the District of Columbia.

(f) The Fund shall publish an annual financial report in the District of Columbia Register no later than 90 days after the end of each fiscal year.

(g)(1) By January 15, 2025, any remaining balance held in the Fund shall be withdrawn by the Trustees and transferred to the District's General Fund.

(2) After the transfer required by paragraph (1) of this subsection has occurred, the Board of Trustees established by subsection (a) of this section shall be dissolved and its remaining authority under this section shall transfer to the OANC subject to paragraph (3) of this subsection.

(3) Subject to available funding, the OANC may provide reimbursement to a Commission participating in the Fund prior to January 1, 2025, for losses incurred due to unauthorized expenditures or loss of funds not resulting from an expenditure authorized by a vote of the Commission; provided, that the Commission requesting reimbursement submit a written application form to OANC prior to December 31, 2025.

(h) This section shall expire on December 31, 2025.

(Oct. 10, 1975, D.C. Law 1-21, § 17; as added Mar. 6, 1991, D.C. Law 8-203, § 3(g), 37 DCR 8420; Feb. 5, 1994, D.C. Law 10-68, § 3(c), 40 DCR 6311; June 27, 2000, D.C. Law 13-135, § 4, 47 DCR 2741; July 15, 2024, D.C. Act 25-506, § 1102(c), 71 DCR 8406.)

Prior Codifications

1981 Ed., § 1-264.1.

Section References

This section is referenced in § 1-309.13.

Effect of Amendments

D.C. Law 13-135, in subsec. (a) inserted the second sentence relating to the Executive Director serving as a non-voting Trustee; in subsec. (b), rewrote the second sentence, which formerly read:

“An Advisory Neighborhood Commission shall be eligible to participate in the Fund if the treasurer of the Commission agrees, on a form to be provided by the Trustees, to be personally liable to the Fund for any sum paid out by the Fund as a result of the treasurer’s wrongful misappropriation or loss of Commission monies.”;

and in subsec. (d), substituted “Chairperson” for “Chairman”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1102(c)(2) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary amendment of section, see § 3 of the Advisory Neighborhood Commissions Management Control and Funding Emergency Amendment Act of 1998 (D.C. Act 12-619, January 22, 1999, 46 DCR 1339).

For temporary (90-day) amendment of section, see § 3 of the Advisory Neighborhood Commissions Management Control and Funding Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-67, May 10, 1999, 46 DCR 4471).

For temporary (90-day) amendment of section, see § 3 of the Advisory Neighborhood Commissions Management Control Emergency Amendment Act of 1999 (D.C. Act 13-207, December 8, 1999, 46 DCR 10470).

For temporary (90-day) amendment of section, see § 3 of the Advisory Neighborhood Commissions Management Control Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-317, April 17, 2000, 47 DCR 2877).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Advisory Neighborhood Commissions Management Control and Funding Temporary Amendment Act of 1999 (D.C. Law 12-276, April 27, 1999, law notification 46 DCR 4282).

For temporary (225 day) amendment of section, see § 3 of Advisory Neighborhood Commissions Management Control Temporary Amendment Act of 2000 (D.C. Law 13-93, April 12, 2000, law notification 47 DCR 2844).