*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
*NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) Upon reasonable apprehension of the existence of a public emergency and the determination by the Mayor that the issuance of an order is necessary for the immediate preservation of the public peace, health, safety, or welfare, and as a prerequisite to requesting emergency or major disaster assistance in accordance with the Disaster Relief Act of 1974 (42 U.S.C. § 5121) the Mayor may issue an emergency executive order which shall state:
(1) The existence, nature, extent, and severity of the public emergency;
(2) The measures necessary to relieve the public emergency;
(3) The specific requirements of the order and the persons upon whom the order is binding; and
(4) The duration of the order.
(b) Upon the issuance of an emergency executive order the Mayor may:
(2) Implement those provisions of the District of Columbia response plan as issued by the Mayor, without regard to established operating procedures relating to the performance of public works, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and expenditure of public funds; provided, that this paragraph shall apply only to employees of the "District of Columbia government; provided further, that, with respect to the public health emergency declared in the Mayor's order dated March 11, 2020, and any extensions thereof, the additional authority provided pursuant to this paragraph for entering into contracts and incurring obligations shall expire on November 5, 2021;
(3) Prepare for, order, and supervise the implementation of measures designed to protect persons and property in the District of Columbia. Such measures may include the evacuation of persons in the District of Columbia to such emergency shelters within the District of Columbia as the Mayor may designate, or such shelters outside the District of Columbia as the Mayor may designate with the approval of the Governor of the state to which District of Columbia citizens are to be evacuated, and provision for the reception, sheltering, maintenance, and care of such evacuees. Evacuation of any personnel or activity of the federal government shall take place only with the consent of the President of the United States or the President’s designee; provided, that upon agreement between the federal and District of Columbia governments, any prearranged evacuation plan shall constitute such consent;
(4) Require the shutting off, disconnection, or suspension of service from, or by, gas mains, electric power lines, or other public utilities;
(5) Destroy or cause to be destroyed any property, real or personal, in the District of Columbia, found to be contaminated by any matter or substance which renders it deleterious to life or health, and by reason of such contamination is of immediate or imminent danger to persons or property; to cause the removal from the District of Columbia or from place to place within the District of Columbia of any contaminated property; and to prohibit persons from contacting or approaching such property so as to endanger their lives or health;
(6) Issue orders or regulations to control, restrict, allocate, or regulate the use, sale, production and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resources as required by the District of Columbia response plan or by any federal emergency plan;
(7) Direct any person or group of persons, in the District of Columbia, to reduce or otherwise alter the hours during which they conduct business or similar activity at premises established and maintained for a business and to direct any person or group, or class of persons, within the District of Columbia, to remain off the public streets in the event that any public emergency requires that the Mayor institute a curfew;
(8) Establish such public emergency services units as he or she may deem appropriate;
(9) Expand existing departmental and agency units within the District of Columbia government concerned with public emergency services;
(10) Exercise operational direction over all District of Columbia government departments and agencies during the period when an emergency executive order may be in effect;
(11) Procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps, including the partial or full mobilization of public emergency services units in advance of actual disaster, to insure the furnishing of adequately trained and equipped personnel during a public emergency. Such programs shall be integrated and coordinated with the emergency services plans and programs of the federal government and of the neighboring states and political subdivisions thereof;
(12) Request predisaster assistance or the declaration of a major disaster from the federal government, certify the need for federal disaster assistance and commit the use of a certain amount of District of Columbia government funds to alleviate the damage, loss, hardship, and suffering resulting from the disaster;
(13) Prevent or reduce harmful consequences of disaster;
(14) Detain for medical reasons any person for which there is probable cause to believe that the person is affected with a communicable disease and that the person’s presence in the general population is likely to cause death or seriously impair the health of others pursuant to subchapter II of Chapter 1 of this title;
(15) Waive application of any law administered by the Department of Insurance, Securities, and Banking if doing so is reasonably calculated to protect the health, safety, or welfare of District residents; and
(16) Notwithstanding any provision of Chapter 6 of Title 1, or the rules issued pursuant to Chapter 6 of Title 1, the subchapter I-A of Chapter 5 of Title 1, or any other personnel law or rules, the Mayor may take the following personnel actions regarding executive branch subordinate agencies that the Mayor determines necessary and appropriate to address the emergency:
(A) Redeploying employees within or between agencies;
(B) Modifying employees' tours of duty;
(C) Modifying employees' places of duty;
(D) Mandating telework;
(E) Extending shifts and assigning additional shifts;
(F) Providing appropriate meals to employees required to work overtime or work without meal breaks;
(G) Assigning additional duties to employees;
(H) Extending existing terms of employees;
(I) Hiring new employees into the Career, Education, and Management Supervisory Services without competition;
(J) Eliminating any annuity offsets established by any law; or
(K) Denying leave or rescinding approval of previously approved leave.
(Mar. 5, 1981, D.C. Law 3-149, § 5, 27 DCR 4886; Oct. 17, 2002, D.C. Law 14-194, §§ 202(c), 903(b), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105, § 47(b), 51 DCR 881; June 24, 2021, D.C. Law 24-9, § 507(a), 68 DCR 004824; July 24, 2021, D.C. Act 24-125, § 3(y)(1), 68 DCR 007342.)
1981 Ed., § 6-1504.
Effect of Amendments
D.C. Law 14-194, in subsecs. (b)(2) and (b)(6), substituted “District of Columbia response plan” for “emergency operations plan”; made nonsubstantive changes in subsecs. (b)(12) and (b)(13); and added subsec. (b)(14).
D.C. Law 15-105, in pars. (2) and (6) of subsec. (b), validated previously made technical corrections.
For temporary (90 days) amendment of this section, see § 3(y)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).
For temporary (225 day) additions, see §§ 2 to 4 of Natural Disaster Consumer Protection Temporary Act of 1989 (D.C. Law 8-51, October 19, 1989, law notification 37 DCR 7544).
Emergency Declaration (As a Result of Severe Rain, Wind, and Thunderstorms of August 10-11, 2001), see Mayor’s Order 2001-126, August 13, 2001 ( 48 DCR 8214).
Declaration of a Public Emergency (Terrorist Acts), see Mayor’s Order 2001-138, September 11, 2001 ( 48 DCR 9002).
Rescission of September 11, 2001 State of Public Emergency; Continued Coordination of Subordinate Agencies to Meet Potential Terrorist Threats, see Mayor’s Order 2001-139, September 14, 2001 ( 48 DCR 9004).
Establishment of the “Mayor’s Domestic Preparedness Task Force”, see Mayor’s Order 2001-142, September 19, 2001 ( 48 DCR 9009).
2011-146: Declaration of Public Emergency, see Mayor’s Order 2011-146, August 26, 2011 ( 58 DCR 7905).
Declaration of Public Emergency, see Mayor’s Order 2011-148, September 2, 2011 ( 58 DCR 8083).