Council authorizes legal action to compel executive branch to release agency budget requests

The Council adopted PR26-521 on Feb. 3, authorizing the Council’s Office of General Counsel to initiate, defend, intervene in, or otherwise participate in litigation to secure agency budget enhancement requests (Form B) that the executive has declined to transmit to the Council.

Chair Phil Mendelson framed the resolution as necessary oversight: "We are an equal branch to the government... we alone of the 2 branches are the ones who appropriate the dollars," he said, arguing the court had already rejected the executive’s claims of privilege and that production is required by statute (D.C. Official Code 47-3-318.05a).

Supporters, including Council member Parker, said the documents are critical for meaningful budget oversight and cited court precedent. Opponents warned that forcing disclosure could chill internal executive deliberations and complicate future budget formulation; several council members recorded 'no' votes on the resolution.

Despite the objections, the Council approved the authorization after recorded opposition from multiple members. The resolution gives the Council flexibility to seek court enforcement or otherwise protect legislative access to agency budgeting information as the fiscal year 2027 budget process proceeds.

Why it matters: The action formalizes a path for the legislative branch to compel documents it says are statutorily required, intensifying a separation-of-powers dispute between the Council and the mayor’s administration while the budget process advances.