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Council authorizes legal steps to obtain agency budget 'Form B' requests after executive refusal
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Summary
The Council adopted PR26‑521 to authorize its Office of General Counsel to initiate or participate in litigation or other actions to obtain agency Form B budget enhancement requests required by D.C. Code §40‑7‑318.05, citing prior court rulings rejecting executive privilege claims and continued executive noncompliance.
The Council voted to authorize its Office of General Counsel to pursue litigation or other actions to obtain agency budget enhancement requests (Form B) after the executive declined to transmit those documents to the Council, Chair Phil Mendelson said.
Mendelson framed the resolution (PR26‑521) as necessary oversight authority ahead of the FY 2027 budget, citing a court of appeals ruling that rejected executive privilege and deliberative‑process objections to disclosure of Form B requests. "We are an equal branch of the government," Mendelson told colleagues, adding that these documents are "the lifeblood of the budget process" and critical for the Council to make informed appropriations decisions.
Supporters, including Councilmember Parker, stressed the legal precedent and the need for transparency to inform budget decisions. Opponents warned that compelling routine internal budget working papers could chill candid deliberations inside the executive branch, leading agencies to avoid putting proposals in writing; they expressed concern about long‑term unintended consequences for budget formulation.
Mendelson said the general counsel requested authorization to give the office flexibility to proceed; the authorization passed on the floor after debate. Several council members recorded 'no' votes during roll calls in debate, but the Chair announced that the ayes prevailed and the resolution was adopted.
