The recent revelations that Councilmember Marion Barry (D-Ward 8 ) funneled a city contract to his on-again-off-again girlfriend (Mr. Barry canceling and renewing the contract in sync with the relationship’s woes) has brought about a need to strengthen the city’s ethics laws.  Though conflict-of-interest laws prohibit giving contracts or positions to member’s of an official’s own household (the law defines this as immediate family), there is no restriction against giving contracts to girlfiends or boyfriends, who may in fact share interests and advantages akin to those of legal family.

Though using public funds to enrich one’s boyfriend or girlfriend (or mistress— Mr. Barry, “standing moral compass of God” is still married to someone else, lest we forget), may not be illegal, but it is unethical.  Public faith in good government rightly erodes at the sight of people of questionable qualifications reaping public benefits simply for being in bed with the powerful (in this case literally).

Mr. Barry, when asked if he would award city money to a girlfriend, responded, “Unless the law changes, why not?”

Mr. Barry’s ethical lapses are frequent enough that such a remark should not come as a surprise.  During his mayoralty, crime in the District soared, schools soured to become some of the worst in the nation, and people fled the city just so they could receive decent government services.  In 1990 Mr. Barry was arrested and caught on camera smoking crack in a hotel room with a woman who was not his wife.  Recently it was revealed that Mr. Barry failed to file Federal tax returns for eight of the last nine years and had also neglected to file city tax returns.

No one who so carelessly disregards the tax law should be in a position to determine how public funds are spent.  Nobody is above the law and it is time the city codify this principle further.  We propose the city council enact the following law to ensure that anyone running for elected office in the city has filed all tax returns as required and does not owe any outstanding debts to the city.

WHEREAS equality before the law and obedience to the law are necessary for a fair and free society, two requirements listed below will be added to D.C. Code § 1 – 1001.02 defining “qualified electors.”  For the general election following the ratification of this bill, a “qualified elector” will be defined as a person who meets the existing requirements and

1. Who has filed all tax returns to the District government as required; and
2. Who is not delinquent in the payment of any taxes, fees, or judgments to the District government.

The District of Columbia Board of Elections and Ethics will certify these additional requirements.