Back in July, when the D.C. Council was deciding whether or not to strip Ward 2 Councilmember Jack Evans of all of his committee assignments in light of a growing ethics scandal, the close vote was ultimately decided by one person—Evans himself.

Evans voted that he should keep his committee assignments. So, while he was removed from his chairmanship of the Finance Committee (he voted against that measure, too), he remains on the Committee on the Judiciary and Public Safety, the Committee on Business and Economic Development (where much of the Finance Committee responsibilities were reconstituted), and more.

Indeed, it has long perplexed good-government watchdogs that Evans has been allowed to cast votes pertaining to the D.C. Council’s investigation into whether he has used his public office for private gain, including whether he should face discipline. (He has already resigned from the Metro board over a damning report about his alleged violations of the board’s ethics codes, and his house was raided by FBI agents in June, presumably in connection with the ongoing federal inquiry into his business ties.)

But now, for the first time since the allegations against Evans have reached the public eye, D.C.’s longest-serving legislator won’t be able to cast a yay or nay vote on these matters at the council.

That’s because D.C. Council Chairman Phil Mendelson has announced his appointment of an ad hoc committee, which will look at the investigation conducted by law firm O’Melveny & Myers into Evans’ conflicts of interest from 2014 to the present day and then determine discipline, and Evans isn’t on it.

It was expected that Mendelson would name five councilmembers to the ad hoc committee, as the council has done in similar cases before. For instance, a five-person committee determined that the Board of Ethics and Government Accountability’s censure and fine of Ward 8 Councilmember Marion Barry in 2013 was warranted; the committee decided he should be censured by the council and removed as chairman of the Committee on Workforce and Community Affairs.

But in his announcement on Tuesday, Mendelson more than doubled the number of people on the committee. Indeed, every single councilmember is on it, aside from Evans. Ward 3 Councilmember Mary Cheh will chair the committee.

The ad hoc committee must report its recommendations and findings to the full council within 90 days of receiving the law firm’s report, and it will consider three types of sanctions: reprimand, censure, and expulsion. (The D.C. Council already reprimanded Evans back in March over business proposals he sent from his council email address and from council staff.)

Cheh tells DCist that the committee’s work will begin on October 22 with a meeting to discuss “how we’re going to proceed, our procedures, and what I anticipate to do at future meetings.” She previously served on the ad hoc committee for Barry and is a lawyer who specializes in constitutional law and criminal procedure.

She says that the “main focus of attention” for the committee will be the law firm’s report, which is expected to land in about two weeks, though “we’re not limited to that.” Cheh is loath to say how, exactly, the committee will go about its work before she has seen the report or held a meeting with colleagues to get their thoughts—she says she wants to conduct the committee in the “spirit of cooperation and consensus.” Cheh says that Evans will be given an opportunity to address the committee.

Evans declined to comment for this story. Late last month, he established a legal defense committee, which allows people to donate to help pay his attorney’s fees.

The O’Melveny & Myers’ investigation has been delayed because some key people declined to comply with subpoenas, but Mendelson said in a memo to the council that the investigative phase, including interviews and document review, is almost done.

Mendelson’s memo says that the entire council, minus Evans, is on the committee to recognize the “importance of the council’s need to address the allegations thoroughly.”

Cheh says that having everyone on the committee is a “good idea … given the circumstances, this gives the council’s actions a kind of gravitas.” She adds that it also helps to avoid criticisms that the committee was skewed or biased based on who comprised it. “Now we’ll all meet about it,” says Cheh.

Previously:
Jack Evans Establishes Committee To Pay For Ongoing Legal Woes
The Council’s Investigation Into Jack Evans Is Behind Schedule Because Key People Won’t Talk
D.C. Council Strips Jack Evans Of Committee Chairmanship
Jack Evans Resigns From Metro Board After Doozy Of A Report About His Ethics Violations
Council Votes To Strip Jack Evans Of Some Finance Committee Responsibilities In Wake Of Ethics Scandal
D.C. Councilmembers Receive Subpoenas For Their Conversations With Jack Evans
Notes On A Scandal: WTF Is Going On With Ward 2’s Jack Evans?