Norton’s Interim D.C. CFO Bill Heads to President for Signature

WASHINGTON, DC – The office of Congresswoman Eleanor Holmes Norton (D-DC) announced that Norton's District of Columbia Chief Financial Officer Vacancy Act, to clarify the authority of the Mayor of the District to fill a vacancy in the Office of the Chief Financial Officer (CFO) on an interim basis, was passed by the Senate last evening by voice vote and by the House earlier this week by voice vote, and is expected to be signed by the President. Under the bill, which Norton drafted in consultation with the District, if there is a vacancy in the Office of the CFO because the CFO has died, resigned or is otherwise unable to perform the functions and duties of the office, the D.C. Treasurer becomes the acting CFO unless the mayor appoints a Deputy CFO to serve as the acting CFO. In either case, there may not be an acting CFO for more than 210 days. The CFO, an independent official created by Congress, oversees the financial operations of the District. The city may not obligate or expend funds without the CFO's approval.

Under his expansive home-rule authority, the mayor arguably could fill a vacancy in the CFO position on an interim basis, but all agreed that it was prudent to leave no uncertainty, considering the importance of the position.

The bill was necessary because Congress, apparently unintentionally, created uncertainty about the mayor's authority to appoint an interim CFO in the fiscal year 2001 District of Columbia Appropriations Act, which added a 30-day congressional review and comment period before the appointment of a CFO takes effect. In the event of a vacancy, before Norton's bill, this review and comment period could have left the District without a CFO for at least 30 days. The bill will likely become one of the first ten bills signed into law this year.

Published: April 19, 2013