Charter Amendment: Expulsion for Gross Misconduct, D.C. Council
This Charter Amendment, if passed, would permit the Council to adopt a resolution to expel a Councilmember upon a 5/6 vote of its members upon demonstrating that Councilmember's gross failure to meet the highest standards of conduct and upon establishing procedures for the expulsion of a Councilmember.
Section 401 (D.C. Official Code § 1-204.01) is amended by adding a new subsection
(e) to read as follows:
"(e)(1) By a 5/6 vote of its members, the Council may adopt a resolution of expulsion if it
finds, based on substantial evidence, that a member of the Council took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct. Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used in cases in which the Council determines that the violation of law committed by a member is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official member duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office.
"(2) The Council shall include in its Rules of Organization procedures for investigation, and consideration of, the expulsion of a member.".