(a) The Board of Review for Anti-Deficiency Violations (“Review Board”) is established as an independent agency within the District of Columbia government, consistent with the meaning of the term independent agency, as provided in [ § 1-603.01(13) ].
(b) The Review Board shall:
(1) Advise and make recommendations to the Mayor, Council, Chief Financial Officer, and Inspector General on issues relative to anti-deficiency law violations in the District of Columbia; and
(2) Convene within 30 days of learning of an alleged violation of § 47-355.02 to determine whether a violation occurred.
(1) The Review Board shall be comprised of 5 members of the District of Columbia government appointed as follows:
(A) Two representatives who shall be appointed by the Chief Financial Officer, one of whom shall be appointed by the Chief Financial Officer to serve as Chairperson of the Review Board;
(B) One representative who shall be appointed by the Mayor;
(C) One representative of the Council, who shall be an employee of the Council and shall be appointed by the Chairman of the Council; and
(D) One representative who shall be appointed by the Inspector General.
(2) Members shall be appointed to a term of 3 years. Each member may serve beyond the end of their term until reappointed or replaced by the appropriate appointing authority.
(3) Members shall serve without compensation; provided, that a member may be reimbursed for expenses incurred in the authorized execution of official duties of the Review Board if those expenses are approved in advance by the Chief Financial Officer.
(d) If the Review Board determines that a violation of § 47-355.02 has occurred, it shall:
(1) Assess the responsibility of culpable employees;
(2) Except as provided in subsection (e) of this section, recommend an appropriate disciplinary action; and
(3) Present a report to the Council within 30 days of the determination of a violation that includes all relevant facts, including:
(A) The violation;
(B) The name and title of the employees who were responsible for the violation;
(C) Any justification; and
(D) A statement of the action recommended.
(1) The Review Board shall conduct an investigation upon receipt of a report of an alleged violation.
(2) In investigating a report of an alleged violation, the Review Board may:
(A) Request assistance from the Office of the Chief Financial Officer, the Office of the Inspector General, and the Office of the Attorney General; and
(B) Consult with the Office of the Attorney General for the purposes of obtaining legal advice.
(d-2) The Review Board:
(1) Shall have access, subject to any privileges or confidentiality requirements as provided by law, to all facilities, files, and databases of the District government, including all files, electronic paper records, reports, documents, and other materials that may relate to the investigation;
(2) May request information or assistance from any District, federal, state, or local government agency as may be necessary for carrying out the investigation; and
(3) May seek information from parties outside the District government, including government contractors, that may be relevant to the investigation.
(1) Subject to any applicable privileges, all officers, employees, and members of boards, commissions, and councils of the District government shall cooperate in an investigation by the Review Board and shall provide documents, materials, and information to the Review Board upon request.
(2) Subject to any applicable privileges, officers, employees, and members of boards, commissions, and councils of the District government shall respond truthfully to all questions posed by the Review Board, and shall not prevent or prohibit the Review Board from initiating, carrying out, or completing an investigation within its jurisdiction.
(3) The Review Board:
(A) May require any officer, employee, or member of a board, commission, or council of the District government, including the subject of an allegation, to appear before the Review Board; and
(B) Shall provide any officer, employee, or member of a board, commission, or council of the District who is potentially subject to disciplinary action an opportunity to appear before the Review Board.
(4) The Review Board may recommend an appropriate disciplinary action with respect to any officer, employee, or member of a board, commission, or council of the District government who fails to cooperate fully with a Review Board investigation.
(1) A finding by the Review Board that a violation of § 47-355.02 has occurred shall not be a prerequisite for adverse personnel action under § 47-355.06 .
(2) In recommending appropriate disciplinary action under subsection (d) of this section, the Review Board may make a recommendation that no action be taken where it finds justification for the violation. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.
(f) The Review Board is authorized to establish subcommittees as needed. A subcommittee may include District government employees who are not members of the Review Board; provided, that each subcommittee is chaired by a member of the Review Board.
(g) The Review Board may establish its own bylaws and rules of procedure, subject to the approval of the Chief Financial Officer or his or her designee.
(h) The Office of the Chief Financial Officer shall provide administrative and staff support to the Review Board.