ENROLLED ORIGINAL
A RESOLUTION
25-229
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
July 11, 2023
To declare the existence of an emergency with respect to the need to require the Inspector
General to hire outside counsel for the purposes of reviewing previous investigations of
sexual harassment complaints against the former Deputy Mayor for Planning and
Economic Development and Chief of Staff to the Mayor and to produce a report of
findings within 90 days.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Sexual Harassment Investigation Review Emergency Declaration
Resolution of 2023”.
Sec. 2. (a) In March 2023, John Falcicchio, the Deputy Mayor for Planning and
Economic Development and Mayor’s Chief of Staff resigned after a District government
employee filed a sexual harassment complaint against him. Additional allegations by other
women ensued. Subsequently, the Mayor’s Office of Legal Counsel (“MOLC”) conducted an
internal investigation and published a report of its findings. The MOLC report concluded that
“the substantiated allegations against the Deputy Mayor more likely than not constituted sexually
harassment as defined and prohibited by the Mayor’s Order 2017-313.” However, the report
found that 6 out of 8 allegations were outside the scope of the investigation or could not be
substantiated. The findings of the report and the process that led to it raise significant concerns
among the public regarding the independence of investigations against mayoral appointees and
subordinate agency heads.
(b) Emergency legislation is necessary to ensure public trust and to reassure District
employees that sexual harassment will not be tolerated in the workplace. The public must be able
to trust that District employees and others who engage with the government are being protected.
They should also be confident that public assets are safeguarded and not used for inappropriate
purposes.
(c) It is also necessary to protect and give confidence to future victims and all 36,000
District government employees that their complaints will be taken seriously and handled
appropriately and without influence. Without that confidence, some employees will be hesitant to
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 ENROLLED ORIGINAL
file complaints, depriving themselves of justice and denying fellow employees protection from
potential offenders.
(d) A more independent investigation of misconduct is necessary to ensure public trust;
the Office of the Inspector General is the appropriate agency in which investigations of such
significance should be housed. The agency operates independently of the Mayor and the Council,
with the Inspector General serving 6-year terms. The Inspector General has the authority to refer
matters for criminal charges and possesses the power to ensure full compliance with
investigations.
(e) The Council concludes that to ensure a robust and independent investigatory process,
the Inspector General should hire and direct independent legal counsel to review the MOLC’s
Summary of Findings from the Sexual Harassment Investigative Report and investigate
allegations identified by the complainants that were outside the scope of the MOLC
investigation. For example, the report of the first complainant’s allegations includes allegations
of irregular hiring practices, promotions of employees rumored to have tolerated sexual
advances, and bullying, which have not been investigated.
(f) The Office of the Inspector General is also well-suited within its current capacity to
investigate other findings and matters outside the scope of the prior investigations, including
hiring and promotion practices, workplace culture, and allegations of retaliation against
complainants. The Mayor has requested that the Inspector General look into these matters; the
Council supports that request.
(g) In Council Period 24, after extensive research and discussion, the Council approved
its own sexual harassment policy, which requires independent investigations in cases of formal
sexual harassment complaints and in all formal and informal cases when complaints are made
against those with the highest level of authority – councilmembers themselves – and even greater
attention must be paid. Executive branch employees deserve the same protections.
Sec. 3. The Council determines that the circumstances in section 2 constitute emergency
circumstances, making it necessary that the Sexual Harassment Investigation Review Emergency
Act of 2023 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
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