Code of the District of Columbia

Chapter 6. Merit Personnel System.


Subchapter I. Findings; Purpose.

§ 1–601.01. Findings.

The Council of the District of Columbia finds that:

(1) The provisions of § 1-204.22(3) require that the Council of the District of Columbia adopt a comprehensive merit system of personnel management for the government of the District of Columbia before January 2, 1980.

(2) The provisions of §§ 1-202.01(f), 1-202.04(g), 1-204.22(3), 1-207.13(c) and (d), and 1-207.14(c), guarantee certain benefits to incumbent employees of the District of Columbia government and those persons transferred to the District of Columbia government from the formerly independent National Capital Housing Authority, District of Columbia Redevelopment Land Agency and the District of Columbia Department of Manpower including, without limitation, benefits relating to appointments, promotions, discipline, separation, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans preference.

(3) The present authority for filling positions within the District of Columbia government is fragmented, both between the United States Civil Service Commission and the District of Columbia government, and among various subdivisions of the District government, such as, the District of Columbia Board of Education, the Trustees of the University of the District of Columbia and other independent boards and commissions.


(Mar. 3, 1979, D.C. Law 2-139, § 102, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-601.1.

1973 Ed., § 1-331.1.

Section References

This section is referenced in § 1-607.03, § 1-1001.06, § 1-1161.01, § 2-359.10, § 2-1515.08, § 2-1594, § 7-771.01, § 7-771.05, § 34-2202.15, § 34-2202.17, and § 44-951.10.

Cross References

Board of elections and ethics, control over board, see § 1-1001.06.

Water and sewer authority, merit personnel system inapplicable, see § 34-2202.15.

Water and sewer authority, transition provisions, see § 34-2202.17.

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, Title XX-E, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-277, February 20, 2014, 61 DCR 1576).

For temporary (90 days) addition of D.C. Law 2-139, Title XX-F, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-277, February 20, 2014, 61 DCR 1576).

Editor's Notes

Pub. L. 106-113, Div. A, Title I, § 120, Nov. 29, 1999, 113 Stat. 1515, and Pub. L. 107-96, § 111(a), Dec. 21, 2001, 115 Stat. 948, provided: “Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code.” Two Percent (2%) Mid-Year Adjustment of Pay Rates for Career & Excepted Service Employees of the D.C. Within the Scope of Collective Bargaining Represented by Compensation Units 1 (DS), 2 (WG) and 14 (LPNs): See Mayor’s Order 90-70, May 7, 1990.

Delegation of Authority

Director of Personnel and Chief of Police, see Mayor’s Order 99-79, May 13, 1999 ( 46 DCR 5436).


§ 1–601.02. Purpose.

(a) The Council of the District of Columbia declares that it is the purpose and policy of this chapter to assure that the District of Columbia government shall have a modern flexible system of public personnel administration, which shall:

(1) Provide for increasingly autonomous control over personnel administration by the District of Columbia government;

(2) Create uniform systems for personnel administration among the executive departments and agencies reporting directly to the Mayor of the District of Columbia and among the Council, independent agencies, boards, and commissions in the District of Columbia government;

(3) Create separate personnel management systems for educational employees of the School of Law, the District of Columbia Board of Education, and the University of the District of Columbia;

(4) Insure the efficient administration of this personnel system;

(5) Establish impartial and comprehensive administrative or negotiated procedures for resolving employee grievances;

(6) Provide for a positive policy of labor-management relations including collective bargaining between the District of Columbia government and its employees; and

(7) Establish the means to recruit, select, develop, and maintain an effective and responsive work force consistent with merit principles.

(b) The Career and Educational Services established in subchapters VIII and VIII-A of this chapter shall follow merit principles such as the following:

(1) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills, including open and competitive consideration of qualified applicants for initial appointment;

(2) Providing equitable and adequate compensation;

(3) Training employees, as needed, to assure high-quality performance;

(4) Retaining employees on the basis of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; and

(5) Assuring, as provided in this chapter, fair treatment of applicants and employees in all aspects of employment without regard to political affiliation, race, color, national origin, sex, religious belief, age, marital status, personal physical appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, or developmental disability. A proper regard shall be accorded all rights of privacy and other constitutionally protected rights of citizens.

(c) Employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.


(Mar. 3, 1979, D.C. Law 2-139, § 103, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(a), 33 DCR 7241; Apr. 24, 2007, D.C. Law 16-305, § 3(a), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 3(a), 55 DCR 3696; Apr. 1, 2017, D.C. Law 21-232, § 2(a), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-601.2.

1973 Ed., § 1-331.2.

Effect of Amendments

D.C. Law 16-305, in subsec. (b)(5), substituted “disability” for “handicap”.

D.C. Law 17-177, in subsec. (f), substituted “sexual orientation, gender identity or expression” for “sexual orientation or preference”.

Cross References

Commission on the arts and humanities, executive director, see § 39-205.

District of Columbia retirement board, see § 1-711.

Election campaigns, conflict of interest, disclosure, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see § 1-1105.01.

Merit system, disability compensation, computation, see § 1-623.14.

Merit system, disability compensation, deaths resulting from injuries sustained on duty, compensation, beneficiaries, see § 1-623.33.

Merit system, disability compensation, maximum and minimum compensation rates, see § 1-623.12.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, effective date provisions, see § 1-636.02.

Merit system, employee conduct, ethics counselors, see § 1-618.03.

Office of business and economic development, executive director, see § 2-1201.04.

Office of Latino affairs, executive director, see § 2-1312.

Office of people’s counsel, powers and duties, see § 34-804.

Office on aging, executive director, see § 7-503.02.

Public service commission, membership, see § 34-801.

Rental housing commission, powers and duties, see § 42-3502.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(a) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.


Subchapter II. Coverage; Status of Present Employees; Retention of Existing Personnel Rights and Benefits.

§ 1–602.01. Coverage; exceptions.

(a) Except as provided in subsection (c) of this section, unless specifically exempted from certain provisions, this chapter shall apply to all employees of the District of Columbia government, except the Chief Judges and Associate Judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals and the nonjudicial personnel of said Courts. With the exception of subchapters V and XVII of this chapter, and § 1-608.01(e), employees of the D.C. General Hospital and the D.C. General Hospital Commission shall be exempt from the provisions of this chapter.

(b) Repealed.

(c) The provisions of subchapter XV-A shall apply to employees of the Council and all District agencies, including, but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department.

(d) With the exception of subchapters V, XXVII, XV-A, XXI, XXII, XXIII and XXVI, employees of the District of Columbia Housing Authority shall be exempt from the provisions of this chapter.


(Mar. 3, 1979, D.C. Law 2-139, § 201, 25 DCR 5740; Oct. 1, 1987, D.C. Law 7-27, § 2(a), 34 DCR 5079; Mar. 16, 1989, D.C. Law 7-228, § 2(a), 36 DCR 754; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261(b)(1); Oct. 7, 1998, D.C. Law 12-160, § 102(a)(1), 45 DCR 5147; May 9, 2000, D.C. Law 13-105, § 27, 47 DCR 1325; June 12, 2003, D.C. Law 14-310, § 4(a), 50 DCR 1092; Apr. 1, 2017, D.C. Law 21-232, § 2(b), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-602.1.

1973 Ed., § 1-332.1.

Effect of Amendments

D.C. Law 13-105 added subsec. (d).

D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(b) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary amendment of section, see § 102(a)(1) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(1) of the Whistleblower Reinforcement Congressional Review Emergency Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Washington Convention Center: Section 9-817 of the D.C. Code provided that the District of Columbia Government Comprehensive Merit Personnel Act of 1978 shall not apply to employees of the Washington Convention Center.


§ 1–602.02. Limited application of chapter.

The provisions of this chapter shall apply to the following employees of the District of Columbia government only to the following extent:

(1) The Mayor, each member of the Council of the District of Columbia, and the Attorney General are entitled to pay, as provided in § 1-611.09, in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85. The Mayor, each member of the Council of the District of Columbia, and the Attorney General may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter, and are covered by the provisions of subchapters XVIII, XXV, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(2) The President and each member of the District of Columbia Board of Education are entitled to pay, as provided in § 1-611.10, and may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter. The President and each member of the District of Columbia Board of Education are covered by the provisions of subchapters XXV, XXVIII, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(3) Except as otherwise provided in this chapter, each member of a board or commission appointed to perform part-time, temporary or intermittent duties is entitled to pay as provided in § 1-611.08. Full-time employees who serve on boards and commissions shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11. Individuals serving as employees of boards and commissions shall be covered by the provisions of § 1-608.01(e). Members of boards and commissions are covered by the provisions of subchapters XVIII, XIII, XV, XXIX, XXX, and XXXI and §§ 1-604.08 and 1-608.01(e) and shall, if eligible under the terms of an agreement entered into by the Mayor and a federal agency under the provisions of subchapter XXVIII of this chapter, be covered by the provisions of subchapters XXI, XXII, and XXVI of this chapter. This section shall not apply to compensation received by the Board of Education as provided in § 1-611.10;

(4) Each person employed as an educational employee of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of § 1-602.03.

(5) Each person employed by an Advisory Neighborhood Commission shall be governed by the provisions of subchapters XXI and XXII of this chapter.

(6) Notwithstanding any other provision of District law, subchapter XV-A shall apply to all District employees.


(Mar. 3, 1979, D.C. Law 2-139, § 202, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(a), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(b), 33 DCR 7241; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 6, 1991, D.C. Law 8-203, § 4, 37 DCR 8420; Aug. 1, 1996, D.C. Law 11-152, § 302(a), 43 DCR 2978; Oct. 7, 1998, D.C. Law 12-160, § 102(a)(2), 45 DCR 5147; June 12, 2003, D.C. Law 14-310, § 4(b), 50 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(a), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-602.2.

1973 Ed., § 1-332.2.

Section References

This section is referenced in § 1-604.04.

Effect of Amendments

D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.

The 2015 amendment by D.C. Law 21-36, in (1), substituted “Mayor, each member of the Council of the District of Columbia, and the Attorney General” for “Mayor and each member of the Council of the District of Columbia” twice, and substituted “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85” for “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a)” in the first sentence.

Cross References

Merit system, applicability to national capital revitalization corporation, see § 2-1219.05.

Merit system, applicability to Washington Convention Center employees, see § 10-1202.16.

Emergency Legislation

For temporary amendment of section, see § 102(a)(2) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(2) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

For temporary (90 days) amendment of this section, see § 1033(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.


§ 1–602.03. Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.

(a) Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of this chapter with the exception of subchapters VIII, IX (except to the extent provided therein), and X-A of this chapter. Subchapter VIII-A of this chapter shall only apply to such educational employees.

(b) Educational employees of the Board of Trustees of the University of the District of Columbia shall not be governed by the provisions of § 1-609.01 relating to the development of job descriptions in consultation with the Mayor. The Board of Trustees of the University of the District of Columbia shall develop policies on classification, appointment, promotion, retention, and tenure of employees consistent with the educational missions of their respective schools and in accordance with the sound policies and practices of the American Bar Association in the case of the School of Law, and of land-grant universities that meet the standards established by the College and Universities Personnel Association in the case of the University of the District of Columbia. Additionally, educational employees shall not be covered by subchapters VIII, X, XI (except as it provides for pay setting), XIII, XIII-A, XIX, and XXIV of this chapter.

(c) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant to fill all positions as non-educational employees of the District of Columbia Board of Education and Board of Trustees of the University of the District of Columbia unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the respective Boards. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The District of Columbia Board of Education and Board of Trustees of the University of the District of Columbia shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.


(Mar. 3, 1979, D.C. Law 2-139, § 203, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(c), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(b), 43 DCR 2978; Mar. 24, 1998, D.C. Law 12-81, § 2(a), 45 DCR 745; Apr. 12, 2000. D.C. Law 13-91, § 103(a), 47 DCR 520; Feb. 6, 2008, D.C. Law 17-108, § 203(a), 54 DCR 10993.)

Prior Codifications

1981 Ed., § 1-602.3.

1973 Ed., § 1-332.3.

Section References

This section is referenced in § 1-602.02, § 1-604.04, § 1-604.06, and § 1-608.01a.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), in the first sentence, substituted “XI-A” for “XI”.

D.C. Law 17-108 added subsec. (c).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: See Historical and Statutory Notes following § 1-602.02.


§ 1–602.04. Status of employees employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02; retention of existing rights.

(a) Persons employed by the District of Columbia government serving on the date that this chapter becomes effective, as provided in § 1-636.02, shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of personnel law and rules and regulations in force on the date immediately prior to the date that this chapter becomes effective as provided in § 1-636.02.

(b) All provisions of existing contracts between the District government and labor organizations shall be honored until their expiration.

(c) On January 1, 1980, all persons employed by the District of Columbia government, including those persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02, shall automatically transfer into the appropriate personnel system as established pursuant to subchapters VIII and VIII-A of this chapter or § 1-609.04 or § 1-609.09. The classification of and compensation for the position assumed upon transfer, and the rights and benefits inhering in such position, shall be at least equal to the classification, compensation, rights and benefits associated with the position from which said employee is transferred. The rights and benefits protected under this subsection shall be only those applicable to said employees under the provisions of personnel laws and rules and regulations in force on December 31, 1979: Provided, however, that no employee covered under the provision of this subsection shall be reduced in pay except as provided in subchapter XXIV of this chapter.

(d) After January 1, 1980, persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02 and who transfer into the appropriate personnel system, pursuant to subsection (c) of this section, shall be governed by the provisions of this chapter, with the exception of subsection (e) of § 1-608.01 and subsection (d) of § 1-608.01a.

(e) Employees hired on or after the date that this chapter becomes effective as provided in § 1-636.02 shall be governed by all the provisions of this chapter without exception.


(Mar. 3, 1979, D.C. Law 2-139, § 204, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 21(b), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-602.4.

1973 Ed., § 1-332.4.

Section References

This section is referenced in § 1-602.05, § 1-602.06, § 1-603.01, § 1-608.01, § 1-617.16, and § 1-623.02.

References in Text

Section 1-609.09, referenced in (c), was repealed by D.C. Law 12-260, § 2(f), 46 DCR 1318, effective April 20, 1999.


§ 1–602.05. Development of new personnel system.

In accordance with the provisions of § 1-602.04, the Mayor and each personnel authority shall cause the development of unified systems for all employees of the District of Columbia government. Each employee of the District of Columbia government employed on December 31, 1979, shall be guaranteed no reduction of current pay and benefits except as provided in subchapter XXIV of this chapter.


(Mar. 3, 1979, D.C. Law 2-139, § 205, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-602.5.

1973 Ed., § 1-332.5.


§ 1–602.06. Supersession provisions; effectiveness of collective bargaining on compensation matters.

On the date that the provisions of § 1-617.16 become operational and negotiations commence concerning compensation matters, all employees of the District government in the appropriate bargaining units under § 1-617.16, including those described in § 1-602.04, shall be subject to the procedures and provisions for establishing compensation provided in § 1-617.16: Provided, however, that no employee subject to the provisions of § 1-602.04 shall be reduced in actual pay, except in accordance with the provisions of subchapter XXIV of this chapter.


(Mar. 3, 1979, D.C. Law 2-139, § 206, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-602.6.

1973 Ed., § 1-332.6.

Section References

This section is referenced in § 1-617.17.

Cross References

Merit system, effective date provisions, see § 1-636.02.

Organization for personnel management, rules and regulations, see § 1-604.04.

Rent stabilization program, rent administrator, qualifications and compensation, see § 42-3502.01.


Subchapter III. Definitions.

§ 1–603.01. Definitions.

For the purpose of this chapter unless otherwise required by the context:

(1) The term “agency” means any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of 1 or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" shall not include the Council.

(1A) The term “Attorney General” means the Attorney General for the District of Columbia.

(2) The term “boards and commissions” means bodies established by law or by order of the Mayor of the District of Columbia consisting of appointed members to perform a trust or execute official functions on behalf of the District of Columbia government. Compensation or reimbursement of expenses, if any, to such members shall be provided according to § 1-611.08; provided, however, that full-time employees shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11.

(3) The term “Career Service” means positions in the District of Columbia government as provided for in subchapter VIII of this chapter and § 1-602.04.

(4) The term “Council” means the Council of the District of Columbia, created pursuant to § 1-204.01.

(5) The term “District” means the District of Columbia government (§ 1-102).

(5A) The term “domestic partner” shall have the same meaning as provided in § 32-701(3).

(5B) The term “domestic partnership” shall have the same meaning as provided in § 32-701(4).

(5C) The term “domicile” means:

(A) Physical presence in the District of Columbia; and

(B) An intent to abandon any and all former domiciles and remain in the District of Columbia during the duration of the appointment.

(6) The term “educational employee” means an employee of the District of Columbia Board of Education or of the Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:

(A) Clerical, stenographic, or secretarial positions;

(B) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;

(C) Bus drivers and other drivers involved in the transportation of persons, equipment, materials or inventory;

(D) Cooks, dieticians, and other positions involved in direct planning, preparation, service, and conditions of preparation and service of food;

(E) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or

(F) Positions the major duties in which consist of the supervision of employees covered in subparagraphs (A) through (E) of this definition: provided, however, that this subparagraph shall not be deemed to include heads of academic units at the School of Law or the University of the District of Columbia.

(7) The term “employee” means, except when specifically modified in this chapter, an individual who performs a function of the District government and who receives compensation for the performance of such services.

(8) The term “Excepted Service” means positions in the District of Columbia government as provided for in subchapter IX of this chapter.

(8A) The term “exceptional circumstances” means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by an agency hiring an individual to fill a position in the Excepted and Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to §§ 1-609.06 and 1-610.59.

(9) The term “Executive Service” means any subordinate agency head whom the Mayor is authorized to appoint in accordance with subchapter X-A of this chapter.

(9A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).

(10) The term “grievance” means any matter under the control of the District government which impairs or adversely affects the interest, concern, or welfare of employees, but does not include adverse actions resulting in removals, suspension of 10 days or more, or reductions in grade, reductions in force or classification matters. This definition applies to matters which are subject to procedures established pursuant to section § 1-616.53 and is not intended to restrict matters that may be subject to a negotiated grievance and arbitration procedure in a collective bargaining agreement between the District and a labor organization representing employees.

(10A) The term “hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

(11) The term “head” means the highest ranking executive official of an agency.

(12) The term “holidays” means any day established as a legal holiday pursuant to subchapter XII of this chapter.

(13) The term “independent agency” means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections, Board of Ethics and Government Accountability, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, and the Office of Employee Appeals. For the purposes of this chapter, the Office of the Attorney General for the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District.

(13A) The term “Legal Service” means positions in the District of Columbia government as provided for in subchapter VIII-B of this chapter.

(13B) The term “Management Supervisory Service” means positions in the District of Columbia government as provided for in subchapter IX-A of this chapter.

(13C) The term “nonschool-based personnel” means any employee of the District of Columbia Public Schools who is not based at a local school or who does not provide direct services to individual students.

(14) The term “personnel authority” means an individual with the authority to administer all or part of a personnel management program as provided in subchapter IV of this chapter.

(14A) “Public official” means:

(A) A candidate for nomination for election, or election, to public office;

(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title [§ 1-201.01 et seq.];

(C) The Attorney General;

(D) A Representative or Senator elected pursuant to § 1-123;

(E) An Advisory Neighborhood Commissioner;

(F) A member of the State Board of Education;

(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;

(H) A member of a board or commission listed in § 1-523.01(e); and

(I) A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest.

(15) The term “resident” means any person who is a domiciliary of the District of Columbia and who throughout his or her employment by the District maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

(15A) The term “school administrators” means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia Public Schools.

(16) The term “standard” means any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.

(17) The term “subordinate agency” means any agency under the direct administrative control of the Mayor, including, but not limited to, the following:

(A) Office of Operations (Mayor’s Order 83-17);

(B) Office of Economic Development (Mayor’s Order 83-18);

(C) Office of Financial Management (Mayor’s Order 83-19);

(D) Repealed.

(E) Department of Corrections (Organization Order 7);

(F) Department of Public Works (Reorganization Plan No. 4 of 1983);

(G) Department of Finance and Revenue (Commissioner’s Order 69-96);

(H) Fire and Emergency Medical Services Department (Reorganization Order 6);

(I) Department of Administrative Services (Reorganization Plan No. 5 of 1983);

(J) Department of Housing and Community Development (Reorganization Plan 3 of 1975);

(K) Repealed;

(L) Metropolitan Police force (§ 5-105.05);

(M) Department of Parks and Recreation (Organization Order 10);

(N) Department of Human Services (Reorganization Plan No. 2 of 1979 and Mayor’s Reorganization Plan No. 3 of 1986), including:

(i) The Commission on Social Services;

(ii) Repealed;

(iii) Repealed; and

(iv) Repealed;

(O) Department of Employment Services (Reorganization Plan No. 1 of 1980);

(P) Department of Consumer and Regulatory Affairs (Reorganization Plan No. 1 of 1983);

(Q) Homeland Security and Emergency Management Agency (Commissioner’s Order 74-261);

(R) Office of Human Rights;

(S) Office of Personnel (§ 1-604.02);

(T) Office on Latino Affairs (§ 2-1311);

(U) Office on Aging (§ 7-503.01);

(V) Repealed;

(W) Board of Parole (Organization Order 6);

(X) Repealed;

(Y) Office of Business and Economic Development (§ 2-1201.02);

(Z) Office of the Secretary of the District of Columbia (Mayor’s Order 84-77);

(AA) Office of Inspector General (§ 1-301.115a);

(BB) Repealed;

(CC) Repealed;

(DD) Office of Cable Television and Telecommunications;

(EE) Repealed;

(FF) Repealed;

(GG) Repealed;

(HH) Office of the Budget (Mayor’s Order 79-5);

(II) Repealed;

(JJ) Repealed;

(KK) Repealed;

(LL) Commission on the Arts and Humanities;

(MM) Department of Health;

(NN) Office of Contracting and Procurement;

(OO) Repealed;

(PP) Department of Insurance, Securities, and Banking;

(QQ) Repealed;

(QQ-i) Department of General Services;

(RR) Office of the Chief Technology Officer;

(SS) Department of Motor Vehicles;

(TT) Office of Planning (Mayor’s Order 83-25);

(UU) Office of Local Business Development;

(VV) Office of Deputy Mayor for Planning and Economic Development;

(WW) Office of the Chief Medical Examiner;

(XX) Child and Family Services Agency;

(YY) Department of Mental Health;

(ZZ) District Department of Transportation;

(AAA) Office of Unified Communications;

(BBB) Department of Youth Rehabilitation Services;

(CCC) The Office of Risk Management, established by Reorganization Plan No. 1 of 2003;

(DDD) Department on Disability Services; and

(EEE) District of Columbia Public Schools.


(Mar. 3, 1979, D.C. Law 2-139, § 301, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(c), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(d), 33 DCR 7241; Mar. 16, 1989, D.C. Law 7-201, § 2, 36 DCR 248; Mar. 24, 1990, D.C. Law 8-97, § 3(a), 37 DCR 1046; Sept. 26, 1995, D.C. Law 11-52, § 801(a), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(a), 43 DCR 5; Jan. 26, 1996, D.C. Law 11-78, § 501(a), 42 DCR 6181; Sept. 26, 1995, D.C. Law 11-52,§ 1001(a), 42 DCR 3684; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(1); Aug. 1, 1996, D.C. Law 11-152, § 302(c), 43 DCR 2978; Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(1); Apr. 9, 1997, D.C. Law 11-255,§ 4(a), 44 DCR 1271; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261(b)(2); June 10, 1998, D.C. Law 12-124, § 101(a), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, §§ 1807, 1817, 1828, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, §§ 5(a), 53, 46 DCR 2118; June 12, 1999, D.C. Law 12-285, § 3, 46 DCR 1355; Oct. 20, 1999, D.C. Law 13-38, §§ 208 and 225, 46 DCR 6373; Apr. 12, 2000, D.C. Law 13-91, § 103(b), 47 DCR 520; Oct. 19, 2000, D.C. Law 13-172, §§ 1902 and 2919(a), 47 DCR 6308; Apr. 4, 2001, D.C. Law 13-277,§ 3(b)(1), 48 DCR 2043; June 19, 2001, D.C. Law 13-313, § 2(a) 48 DCR 1873; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(1), 48 DCR 7674; May 21, 2002, D.C. Law 14-137, § 10, 49 DCR 3444; Oct. 1, 2002, D.C. Law 14-185, § 2(a), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(a), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, §§ 2(a), 19(a), 20(d), 51 DCR 881; June 11, 2004, D.C. Law 15-166, § 4(a), 51 DCR 2817; Dec. 7, 2004, D.C. Law 15-205, § 3221, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-335, § 201, 52 DCR 2025; Apr. 13, 2005, D.C. Law 15-354, § 5(a), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, §§ 113, 117, 118(a), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191,§ 116, 53 DCR 6794; Mar. 14, 2007, D.C. Law 16-262, § 401, 54 DCR 794; Mar. 14, 2007, D.C. Law 16-264, § 201, 54 DCR 818; June 12, 2007, D.C. Law 17-9, § 1001, 54 DCR 4102; June 25, 2008, D.C. Law 17-177, § 3(b), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 3(a), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, §§ 157(e), 176, 203(c), 248, 56 DCR 1117; Sept. 14, 2011, D.C. Law 19-21, § 1032(a), 58 DCR 6226; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(1), 59 DCR 1862; Sept. 26, 2012, D.C. Law 19-171, § 9(a), 59 DCR 6190; Oct. 22, 2015, D.C. Law 21-36, § 1033(b), 62 DCR 10905; Apr. 1, 2017, D.C. Law 21-232, § 2(c), 64 DCR 876; Oct. 30, 2018, D.C. Law 22-168, § 1082(a), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-603.1.

1973 Ed., § 1-333.1.

Section References

This section is referenced in § 1-515.01, § 1-529.02, § 1-608.01a, § 1-609.06, § 1-612.04, § 1-612.31, § 1-711, § 2-1215.16, § 3-101, and § 22-4231.

Effect of Amendments

D.C. Law 13-38, in subsec. (17), deleted “(Commissioner’s Order 71-224)” from the end of par. (R), and added par. (UU) to read “Office of Local Business Development”.

D.C. Law 13-91, in subsec. (9), substituted “subchapter XI-A” for “subchapter XI”; in subsec. (10), in the second sentence, substituted “1-617.53” for “1-617.3”; redesignated former subsec. (13A) as subsec. (13B); and inserted new subsec. (13A) defining “Legal Service”.

D.C. Law 13-172, in subsec. (17), added par. (VV) to read “Office of Deputy Mayor for Planning and Economic Development”, and par. (WW) to read “Office of the Chief Medical Examiner”.

D.C. Law 13-277, in subsec. (17), added par. (XX).

D.C. Law 13-313, in subsec. (17), par. (Q), substituted “Emergency Management Agency” for “Office of Emergency Preparedness”.

D.C. Law 14-56, in subsec. (17), repealed par. (N)(iii), which had read: “The Commission on Mental Health; and”, struck “and” at the end of par. (WW), substituted “; and” for a period at the end of par. (XX), and added par. (YY).

D.C. Law 14-137, in par. (17)(WW), made a nonsubstantive change; in par. (17)(YY), substituted “Child and Family Services; and” for “Child and Family Services.”; and added par. (17)(ZZ).

D.C. Law 14-185 added pars. (5A), (8A), and (10A).

D.C. Law 14-213 redesignated par. (13B) as (13C); added a new par. (13B); and in par. (19)(M), substituted “Department of Parks and Recreation” for “Department of Recreation and Parks”.

D.C. Law 15-105, in subpar. (T) of par. (17), substituted “Office on Latino Affairs” for “Office of Latino Affairs”; and, in pars. (8A), (10A), (50), (51), and (52), validated previously made technical corrections.

D.C. Law 15-166, in par. (17), repealed subpar. (JJ), and rewrote subpar. (PP).

D.C. Law 15-205, in par. (17), made nonsubstantive changes in subpars. (YY) and (ZZ), and added subpar. (AAA).

D.C. Law 15-335, in par. (17), substituted a semicolon for “and” at the end of subpar. (ZZ), substituted a period for “; and” at the end of subpar. (AAA), and added subpar. (BBB).

D.C. Law 15-354, in par. (17), repealed subpar. (v) which had read as follows: “(V) Board of Appeals and Review (Organization Order 112);”, validated a previously made correction at the end of subpar. (YY), inserted “District” and “; and” in subpar. (ZZ), and added subpar. (CCC).

D.C. Law 16-91, in par. (17), validated previously made technical corrections in subpars. (ZZ), (AAA), (BBB), (CCC), and repealed subpars. (N)(iv) and (OO).

D.C. Law 16-191, in subpars. (AAA) and (BBB) of par. (17), validated previously made technical corrections.

D.C. Law 16-262, in par. (17), subpar. (Q), substituted “Homeland Security and Emergency Management Agency” for “Emergency Management Agency”.

D.C. Law 16-264, in par. (17), added subpar. (DDD).

D.C. Law 17-9, in par. (13), deleted “but not limited to, the District of Columbia Board of Education” following “including,”; and, in par. (17), added subpar. (EEE).

D.C. Law 17-177 added subsec. (9A).

D.C. Law 17-231 redesignated par. (5A) as par. (5C); and added pars. (5A) and (5B).

D.C. Law 17-353, in par. (17), subpar. (Q), inserted “(Commissioner’s Order 74-261)”, rewrote subpar. (DD), which had read as follows: “(DD) Office of Cable Television (D.C. Official Code, § 34-1205);”, and validated previously made technical corrections in subpars. (AAA), (BBB), (CCC), (DDD), and (EEE).

D.C. Law 19-21 repealed subsec. (17)(QQ), which had read as follows: “(QQ) Office of Property Management”.

D.C. Law 19-124 added par. (14A).

The 2012 amendment by D.C. Law 19-171 added (17)(QQ-i).

The 2015 amendment by D.C. Law 21-36 added (1A); rewrote the second sentence in (13); and repealed (17)(D).

Cross References

Business improvements districts, additional authority and duties, see § 2-1215.16.

Construction codes, see § 6-1401 et seq.

Employees retirement program management, establishment of retirement board and retirement funds, see § 1-711.

Spouse equity, “employee” defined, see § 1-529.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(c) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(c) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary amendment of section, see §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary amendment of section, see § 3 of the Confirmation Emergency Amendment Act of 1999 (D.C. Act 13-25, March 15, 1999, 46 DCR 2971).

For temporary (90-day) amendment of section, see §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 3 of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 4, 1999, 46 DCR 5330).

For temporary (90-day) amendment of section, see §§ 208 and 225 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) amendment of section, see § 2(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90-day) addition of section, see §§ 1902 and 2919(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 1902, 1903, and 2919(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(1) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary (90 day) amendment of section, see § 4(a) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2652).

For temporary (90 day) amendment of section, see § 3221 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3221 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 201 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) amendment of section, see § 201 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 day) amendment of section, see § 201 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

For temporary (90 day) amendment of section, see § 401(c)(1) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) amendment of this section, see §§  1033(d) and 3032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 5 of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).

For temporary (225 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Pursuant to Mayor’s Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability: Section 1011 of Law 17-9 provided that this title shall apply upon Congressional enactment of Title IX. Congress enacted the provisions of Title IX in Pub. L. 110-33, approved June 1, 2007.

D.C. Law 19-171 purported to substitute “Department of General Services” for “Office of Property Management” in (17)(QQ); however, because (17)(QQ) had previously been repealed, (17)(QQ-i) has been added instead.

Mayor's Orders

Amendment of Organization Order No. 112, establishing Board of Appeals and Review: See Mayor’s Order 84-31, February 9, 1984.


Subchapter IV. Organization for Personnel Management.

§ 1–604.01. Policy.

It is the intent of the Council that the District’s personnel management system provide for equitable application of appropriate rules or regulations among all agencies. Further, it is the intent of the Council that the rules, regulations, and standards issued by the personnel authorities under this chapter should be as flexible and responsive as possible and reflect an awareness of innovation in the fields of modern personnel management and public administration.


(Mar. 3, 1979, D.C. Law 2-139, § 401, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-604.1.

1973 Ed., § 1-334.1.

Cross References

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, effective date provisions, see § 1-636.02.

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Editor's Notes

Assessment of need for and availability of bilingual and multicultural government personnel: D.C. Law 10-238 directed that the Mayor and each independent personnel authority shall establish a Committee of Language Diversity and shall make as assessment of the need for bilingual and multicultural personnel within their respective agencies.


§ 1–604.02. Office of Personnel established; appointment and eligibility of Director; delegation of Mayor’s authority.

(a) There is established an Office of Personnel, the head of which is the Director of Personnel.

(b) The Director of Personnel shall be appointed by the Mayor in accordance with the provisions of subchapter X-A of this chapter.

(c) To be eligible for appointment as Director of Personnel a person shall have demonstrated, through his or her knowledge and experience, the ability to administer a public personnel program of the size and complexity of the program established by this chapter.

(d) The Mayor may delegate his or her authority under this chapter, in whole or in part, exclusively to the Director of Personnel.

(e) Subject to the availability of appropriations, the Director of Personnel shall conduct classification and compensation studies of all sworn and civilian pay classes of the Fire and Emergency Medical Services Department and the Metropolitan Police Department and, based upon those studies, recommend reforms to promote equity, competitive pay, and sound performance management. The areas for review shall include recruitment, retention, longevity, hazardous duty, technical pay, and pay incentives for recognition of superior performance based on standards promulgated by the Director of Personnel.


(Mar. 3, 1979, D.C. Law 2-139, § 402, 25 DCR 5740; Apr. 12, 2000. D.C. Law 13-91, § 103(c), 47 DCR 520; Oct. 1, 2002, D.C. Law 14-190, § 2732, 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 1502, 49 DCR 11664; Sept. 30, 2004, D.C. Law 15-194, § 802, 51 DCR 9406.)

Prior Codifications

1981 Ed., § 1-604.2.

1973 Ed., § 1-334.2.

Section References

This section is referenced in § 1-315.02 and § 1-603.01.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), substituted “subchapter XI-A” for “subchapter XI”.

D.C. Law 14-190 added subsec. (e).

D.C. Law 14-307, in subsec. (e), substituted “Subject to the availability of appropriations, the Director of Personnel” for “The Director of Personnel”.

D.C. Law 15-194, in subsec. (d), substituted “exclusively to the Director of Personnel” for “to the Director of Personnel”.

Cross References

Government reorganization procedures, “Executive Office of the Mayor” defined, see § 1-315.02.

Merit system, “subordinate agency” defined, see § 1-603.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2632 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1502 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 1502 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 1502 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

Short Title

Short title of subtitle C of title XXVII of Law 14-190: Section 2731 of D.C. Law 14-190 provided that subtitle C of title XXVII of the act may be cited as the Classification and Compensation Studies for Police and Fire Amendment Act of 2002.

Mayor's Orders

Re-Designation of the D.C. Office of Personnel as the D.C. Department of Human Resources, see Mayor’s Order 2007-61, February 28, 2007, ( 54 DCR 2437).

Amendment of Mayor’s Order 90-178, Delegation of Contracting Authority; Delegation of Personnel Authority; and Establishment of Position of Administrator in the Commission on Mental Health Services: See Mayor’s Order 96-172, December 9, 1996 ( 43 DCR 6973).

Amendment of Mayor’s Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor’s Order 97-6, January 9, 1997 ( 44 DCR 357).


§ 1–604.03. Authority of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.

The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia may delegate their duties and functions under this chapter, in whole or in part, to employees under their respective jurisdictions.


(Mar. 3, 1979, D.C. Law 2-139, § 403, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(e), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(d), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 1-604.3.

1973 Ed., § 1-334.3.

Section References

This section is referenced in § 1-604.04.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.


§ 1–604.04. Issuance of rules and regulations affecting personnel for employees of the District of Columbia.

(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, VIII-B, IX, IX-A, X-A, XI, XII, XIII, XIII-A, XV, XVI-A, XVII, XVIII, XIX, XX, XX-A, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, and XXXIV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.

(a-1)(1) The Attorney General shall issue rules and regulations to implement the provisions of subchapters VII, VIII, IX, IX-A, XI, XII, XIII, XIII-A, XIV-A, XVI-A, XVII, XIX, XXIV, XXVII, and XXXI of this chapter for employees under the jurisdiction of the Attorney General.

(2) The rules and regulations promulgated pursuant to subsection (a) of this section shall apply to employees under the jurisdiction of the Attorney General unless the Attorney General has issued a superseding rule or regulation.

(b) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapter VIII-A of this chapter.

(c)(1) The District of Columbia Board of Education shall issue rules and regulations to implement the provisions of subchapters VII, XIII, XIX, XXIV, and XXVII of this chapter, and §§ 1-602.03, 1-604.03 and 1-611.11 for educational employees under its respective jurisdictions.

(2) The Board of the University of the District of Columbia shall issue rules and regulations to implement the provisions of subchapters VII and XXVII of this chapter, and §§ 1-602.03, 1-604.03, and 1-611.11 for educational employees under its jurisdiction.

(3) Repealed.

(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XII, XIII-A, XVI-A, XVII, XXV, and XXXI of this chapter, and § 1-602.02(2) for all employees under their respective jurisdictions.

(e) The Public Employee Relations Board shall issue rules and regulations to carry out its authority under subchapters V and XVII of this chapter.

(f) The Office of Employee Appeals shall issue rules and regulations to carry out its authority under subchapter VI of this chapter.

(g) The District of Columbia Board of Elections shall issue rules and regulations to carry out its authority under subchapter XXV of this chapter.

(h) Except where proscribed by law or issued under the authority of subsection (e), (f), or (g) of this section, rules and regulations issued pursuant to this chapter shall not be a bar to collective bargaining during the negotiation process with an exclusively recognized labor organization.


(Mar. 3, 1979, D.C. Law 2-139, § 404, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(f), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(e), 43 DCR 2978; Apr. 20, 1999, D.C. Law 12-260, § 2(b), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(d), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(b), 49 DCR 8140; Oct. 8, 2016, D.C. Law 21-160, § 3093, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 1082(b), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-604.4.

1973 Ed., § 1-334.4.

Section References

This section is referenced in § 1-604.05, § 1-606.03, and § 1-636.02.

Effect of Amendments

D.C. Law 13-91 rewrote subsecs. (a) and (d), which previously read:

“(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, IX-B, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, XXXIII, and XXXV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.”

“(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XIII, XV, XVII, XVIII, XXVI, and XXXII of this chapter, and § 1-602.2(2) for all employees under their respective jurisdictions.”

D.C. Law 14-213, in subsec. (a), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary amendment of section, see § 2(b) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Emergency Amendment Act of 2015 (D.C. Act 21-254, Jan. 6, 2016, 63 DCR 518).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Temporary Amendment Act of 2015 (D.C. Law 21-91, Mar. 23, 2016, 63 DCR 989).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).


§ 1–604.05. Issuance of rules and regulations.

Rules and regulations proposed or issued pursuant to § 1-604.04, and amendments, shall be issued according to the provisions of § 2-505.


(Mar. 3, 1979, D.C. Law 2-139, § 405, 25 DCR 5740; Oct. 1, 1987, D.C. Law 7-27, § 2(b), 34 DCR 5079; June 10, 1998, D.C. Law 12-124, § 101(b), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-604.5.

1973 Ed., § 1-334.5.

Section References

This section is referenced in § 1-611.08.


§ 1–604.06. Personnel authority.

(a) The implementation of the rules and regulations shall be undertaken by the appropriate personnel authority for employees of the District.

(b) For the purposes of subsection (a) of this section, the personnel authority for District of Columbia government means the Mayor for all employees, except as provided in § 1-602.03 and as follows:

(1) For noneducational employees of the District of Columbia Board of Education, the personnel authority is the District of Columbia Board of Education;

(2) For noneducational employees of the Board of Trustees of the University of the District of Columbia, the personnel authority is the Board of Trustee of the University of the District of Columbia;

(3) For employees of the Council of the District of Columbia, the personnel authority is:

(A)(i) The Chairman of the Council for all central staff of the Council and the employees in the Legal Services employed by the Council of the District of Columbia. For the purposes of this subchapter, the term “central staff of the Council” refers to those employees described in § 1-609.03(a)(3) except those assigned to an individual member of the Council; provided, however, that the Secretary, General Counsel, and Budget Director to the Council to the Council shall be appointed by the Council of the District of Columbia according to its rules of procedure and organization; and

(ii) For employees of the Council, the Chairman of the Council shall exercise the authority possessed by the Director of the Department of Human Resources and may adopt personnel procedures applicable to those employees; and

(B) each member of the Council for his or her personal and committee staff; provided, however, that the respective committees of the Council shall approve the appointment of each committee staffperson. The Chairman and each member of the Council shall utilize the Secretary to the Council for the actual transaction of all personnel matters for employees of the Council;

(3A) For the Executive Director of the Office of Advisory Neighborhood Commissions, the personnel authority is the Chairman of the Council;

(4) For employees of the Board of Elections, the personnel authority is the Board of Elections; provided, however, that this authority shall not apply to the Director of Campaign Finance (§ 1-1163.02). For employees in the Office of Director of Campaign Finance, the personnel authority is the Director of Campaign Finance;

(4A) For employees of the Board of Ethics and Government Accountability, the personnel authority is the Board of Ethics and Government Accountability.

(5) For employees of the Public Service Commission, the personnel authority is the Public Service Commission; provided, however, that the People’s Counsel (§ 34-804) shall be appointed according to law and for employees under the direct administrative control of the People’s Counsel, the personnel authority is the People’s Counsel;

(6) For the Executive Director of the Public Employee Relations Board, created by subchapter V of this chapter, the personnel authority is the Public Employee Relations Board; and for all other employees of the Board, the personnel authority is the Executive Director of the Board;

(7) For the Executive Director of the Office of Employee Appeals and the General Counsel of the Office of Employee Appeals created by subchapter VI of this chapter, the personnel authority is the Office of Employee Appeals; and for all other employees of the Office, the personnel authority is the Executive Director;

(8) For employees of the Office of District of Columbia Auditor (§ 1-204.55), the personnel authority is the Auditor of the District of Columbia;

(9) Repealed;

(10) For employees of the District of Columbia Armory Board (§ 3-302), the personnel authority is the Armory Board;

(11) For employees of the District of Columbia Law Revision Commission, the personnel authority is the Chairman of the Council;

(12) For employees of the District of Columbia Board of Library Trustees, the personnel authority is the Board of Library Trustees;

(13) Repealed;

(14) For all employees of the Office of Lottery and Charitable Games, including the Executive Director, the personnel authority is the Chief Financial Officer.

(15) For employees of the District of Columbia Retirement Board, the personnel authority is the District of Columbia Retirement Board;

(16) For the Director of the Office of Zoning, the personnel authority shall be the District members of the Zoning Commission for the District of Columbia, and for any other employee of the Office of Zoning the personnel authority shall be the Director of the Office of Zoning;

(17) For employees of the Child and Family Services Agency, the personnel authority is the Director of the Child and Family Services Agency;

(18) For employees of the Criminal Justice Coordinating Council, the personnel authority is the Criminal Justice Coordinating Council;

(19) For employees of the District of Columbia Sentencing Commission, the personnel authority is the District of Columbia Sentencing Commission;

(20) For employees of the Department of Mental Health, the personnel authority is the Director of the Department of Mental Health;

(21) For the Director of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the members of the Alcoholic Beverage Control Board for the District of Columbia, and for any other employee of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the Director of the Alcoholic Beverage Regulation Administration;

(22)(A) For the Ombudsman for Public Education, the Chief Advocate of the Office of the Student Advocate, and employees of the State Board of Education, the personnel authority is the State Board of Education.

(B) For employees of the Office of the Ombudsman for Public Education, the personnel authority is the Ombudsman for Public Education.

(C) For employees of the Office of the Student Advocate, the personnel authority is the Chief Advocate of the Office of the Student Advocate.

(23) For the Executive Director of the Office of the Statehood Delegation, the personnel authority is the Statehood Delegation as defined in § 1-209.01(3);

(24) For employees of the Office of the Attorney General, the personnel authority is the Attorney General;

(25) For employees of the Criminal Code Reform Commission, the personnel authority is the Criminal Code Reform Commission; and

[(26)] For the Director of the District of Columbia State Athletic Association ("DCSAA"), the personnel authority shall be the District of Columbia State Athletics Commission, and for any other employee of the DCSAA, the personnel authority shall be the Director of the DCSAA.


(Mar. 3, 1979, D.C. Law 2-139, § 406, 25 DCR 5740; Feb. 26, 1981, D.C. Law 3-119, § 5, 27 DCR 5641; Aug. 2, 1983, D.C. Law 5-24, § 12(a), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(g), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(a), 34 DCR 670; Mar. 16, 1989, D.C. Law 7-228, § 2(b), 36 DCR 754; Mar. 24, 1990, D.C. Law 8-97, § 3(b), 37 DCR 1046; May 15, 1990, D.C. Law 8-127, § 2(a), 37 DCR 2093; Sept. 20, 1990, D.C. Law 8-163, § 6, 37 DCR 4676; Aug. 1, 1996, D.C. Law 11-152, § 302(f), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(c), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(e), 47 DCR 520; Apr. 4, 2001, D.C. Law 13-277, § 3(b)(2), 48 DCR 2043; Oct. 3, 2001, D.C. Law 14-28, §§ 1507(a)(1), 3803(a), 48 DCR 6981; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(2), 48 DCR 7674; Mar. 6, 2002, D.C. Law 14-80, § 3, 48 DCR 11268; Mar. 13, 2004, D.C. Law 15-105, §§ 21, 22(a), 23, 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 102(a), 51 DCR 6525; Sept. 30, 2004, D.C. Law 15-190, § 3(a), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, §§ 110(a), 119, 120(a), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(a), 53 DCR 4709; Mar. 3, 2010, D.C. Law 18-111, § 1103, 57 DCR 181; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(2), 59 DCR 1862; Apr. 27, 2013, D.C. Law 19-284, § 2(a), 60 DCR 2312; May 2, 2015, D.C. Law 20-271, §§ 104, 221, 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 1033(c), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, §§ 3129, 7074(a), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-252, § 5, 64 DCR 1656; Apr. 7, 2017, D.C. Law 21-263, § 202, 64 DCR 2110; Oct. 30, 2018, D.C. Law 22-168, § 1082(c), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-604.6.

1973 Ed., § 1-334.6.

Section References

This section is referenced in § 1-606.11, § 1-609.05, and § 50-305.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical amendment in par. (13) of subsec. (b).

D.C. Law 13-277 added par. (17).

D.C. Law 14-28, in subsec. (b), added pars. (18) and (19).

D.C. Law 14-56, in subsec. (b), added par. (20).

D.C. Law 14-80, in subsec. (b), added par. (3A).

D.C. Law 15-105, in subsec. (a), validated previously made technical corrections.

D.C. Law 15-187 added a new par. (17) (21) of subsec. (b).

D.C. Law 15-190, in par. (19) of subsec. (b), substituted “District of Columbia Sentencing Commission” for “Advisory Commission on Sentencing” in two places.

D.C. Law 16-91, in subsec. (b)(3)(A), inserted “Council and the employees in the Legal Services employed by the Council of the District of Columbia; and, in subsecs. (b)(19), (20), and (21), validated previously made technical corrections.

D.C. Law 16-126, in subsec. (b)(19), substituted “Sentencing and Criminal Code Revision Commission” for “Sentencing Commission” in two places.

D.C. Law 18-111, in subsec. (b)(3)(A), designated the existing text as sub-sub par. (i) and added sub-sub par. (ii).

D.C. Law 19-124, in subsec. (b)(4), substituted “Board of Elections” for “District of Columbia Board of Elections and Ethics” both times it appears, and substituted “§ 1-1163.02” for “D.C. Official Code, § 1-1103.01”.

The 2013 amendment by D.C. Law 19-284 added (b)(22); and made related changes.

The 2015 amendment by D.C. Law 20-271 substituted “the personnel authority is the Chairman of the Council” for “the personnel authority is the District of Columbia Law Revision Commission” in (b)(11); and added (b)(23) and made related changes.

The 2015 amendment by D.C. Law 21-36 added the subsection designated herein as (b)(24) and made related changes.

Cross References

Taxicab commission, membership, see § 50-305.

Applicability

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the change made to this section by § 202 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7029 of D.C. Law 22-33 repealed § 6 of D.C. Law 21-252. Therefore the changes made to this section by D.C. Law 21-252 have been given effect.

Applicability of D.C. Law 21-252: § 6 of D.C. Law 21-252 provided that the change made to this section by § 5 of D.C. Law 21-252 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 6 of D.C. Law 21-252, see § 7029 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) repeal of § 6 of D.C. Law 21-252, see § 7029 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 3 of Advisory Neighborhood Commission Emergency Amendment Act of 2001 (D.C. Act 14-56, May 2, 2001, 48 DCR 4410).

For temporary (90 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 3 of Advisory Neighborhood Commission Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-104, July 23, 2001, 48 DCR 7149).

For temporary (90 day) amendment of section, see §§ 1407(a)(1) and 3403(a) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 116(a)(2) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

For temporary (90 day) amendment of section, see § 3(a) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).

For temporary (90 day) amendment of section, see § 3(a) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 401(c)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) amendment of this section, see § 2(a) of the State Board of Education Personnel Authority Amendment of this section Emergency Act of 2013 (D.C. Act 20-46, March 27, 2013, 60 DCR 5453, 20 DCSTAT 545).

For temporary (90 days) amendment of this section, see § 221 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 221 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 1033(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Advisory Neighborhood Commission Temporary Amendment Act of 2001 (D.C. Law 14-21, September 6, 2001, law notification 48 DCR 9091).

For temporary (225 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Drug Free Workplace Policy: See Mayor’s Order 90-27, January 31, 1990.

Powers of Chief Financial Officer: Section 152 of Pub. L. 104-134, 110 Stat. 1321 220 provided that:

“Notwithstanding any other provision of law, for the fiscal years ending September 30, 1996 and September 30, 1997 —

“(a) the heads and all other personnel of the following offices, together with all other District of Columbia executive branch accounting, budget, and financial management personnel, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer:

“The Office of the Treasurer.

“The Controller of the District of Columbia.

“The Office of the Budget.

“The Office of Financial Information Services.

“The Department of Finance and Revenue.

“The District of Columbia Financial Responsibility and Management Assistance Authority established pursuant to Public Law 104-8, approved April 17, 1995, may remove such individuals from office for cause, after consultation with the Mayor and the Chief Financial Officer.

“(b) the Chief Financial Officer shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act of 1993, approved December 24, 1973 (87 Stat. 774; Public Law 93-198), as amended, for fiscal years 1996, 1997 and 1998, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Chief Financial Officer for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to sections 446 and 603(c) of such Act, without revision but subject to recommendations. Notwithstanding any other provisions of such Act, the Council may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates.”

Applicability: Section 4 of D.C. Law 16-126 provided: “This act shall apply as of January 1, 2007.”

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).

Delegation of Authority

Delegations and sub-delegations of authority—Director of Personnel, Chief of Police, and Agency Heads—Rescission of Mayor’s Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor’s Order 97-88, see Mayor’s Order 2000-83, May 30, 2000 ( 47 DCR 4956).

Joint Delegation of Personnel Authority in the Department of Human Services, see Mayor’s Order 2002-104, June 28, 2002 ( 49 DCR 6001).

Delegation of Authority to Conduct Background Investigations for Potential and Current Information Technology Employees in Subordinate Agencies, see Mayor’s Order 2003-136, September 25, 2003 ( 50 DCR 9955).

Delegation of Personnel Authority in the Office of the Attorney General for the District of Columbia, see Mayor’s Order 2007-237, November 2, 2007 ( 55 DCR 173).

Delegation of Personnel Authority to Identify and Designate Positions Subject to, and to Conduct, Criminal Background Investigations for Employees in Subordinate Agencies, see Mayor’s Order 2011-183, November 2, 2011 ( 58 DCR 9652).


§ 1–604.07. Transfer of personnel functions to Office of Personnel; exception; property and funds transferred; separation and reassignment of transferred employee.

All positions and employees of the District who spent 50 percent or more of their regular duty hours on January 1, 1976, or at any time since that date performing personnel functions, are transferred to the Office of Personnel unless properly reclassified by the District of Columbia Office of Personnel, except as provided herein. The provisions of this section shall not apply to employees in positions within the Council or within the independent agencies. All property and funds associated with those positions and employees transferred to the Office of Personnel are transferred thereto as provided in subchapter XXXVI of this chapter unless prohibited by statute. Any employee found to be superfluous to the needs of the Office of Personnel shall be separated from his or her position in accordance with appropriate reduction-in-force procedures as provided in subchapter XXIV of this chapter. The Mayor may authorize the reassignment of such employees as is appropriate.


(Mar. 3, 1979, D.C. Law 2-139, § 407, 25 DCR 5740; Apr. 1, 2017, D.C. Law 21-232, § 2(d), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-604.7.

1973 Ed., § 1-334.7.

Section References

This section is referenced in § 1-636.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(d) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(d) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) transfer of powers, duties, and functions to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).

For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).

Short Title

Short title of title XX of Law 15-39: Section 2001 of D.C. Law 15-39 provided that title XX of the act may be cited as the Disability Compensation Program Transfer and Risk Management Amendment Act of 2003.

Editor's Notes

Government Employees Disability Compensation Reorganization: Section 1202 of D.C. Law 14-28 provided:

“(a) All of the powers, duties and functions authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), as set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor’s Order 79-84, effective May 10, 1979.

“(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Employment Services for the administration and operation of the disability compensation program for District government employees authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), and set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions, which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor’s Order 79-84, effective May 10, 1979.

“(c) The Office of Personnel shall pay the Department of Employment Services for the cost of disability compensation hearing and administrative appeal functions, pursuant to an assessment by the Department of Employment Services.”

Section 2002 of D.C. Law 15-39 provided:

“(a) All of the powers, duties, and functions transferred to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator.

“(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator.”


§ 1–604.08. Oath of office.

Each personnel authority of an agency of the District shall designate a person to administer the oath of office to each employee of that agency. The oath shall be as follows:

“I, (employee’s name) do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office on which I am about to enter.”


(Mar. 3, 1979, D.C. Law 2-139, § 408, 25 DCR 5740; Apr. 30, 1988, D.C. Law 7-104, § 36(a), 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-604.8.

1973 Ed., § 1-334.8.

Section References

This section is referenced in § 1-123 and § 1-602.02.

Cross References

Statehood Constitutional Convention initiative, oaths of representatives and senators, see § 1-123.

Economic Development Finance Corporation, personnel administration, see § 2-1207.06.

Election campaigns, conflict of interest, disclosure, see § 1-1106.02.

Merit system, coverage, agreements to provide coverage, see § 1-602.01.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, educational service, rules and regulations, see § 1-608.01a.

Merit system, effective date provisions, see § 1-636.02.

Organization for personnel management, rules and regulations, see § 1-604.04.

Public employee relations board, transfer of property, personnel and cases, see § 1-605.03.

Washington Convention Center Authority, application of this subchapter, see § 10-1202.16.


Subchapter V. Public Employee Relations Board.

§ 1–605.01. Establishment of Board; qualifications; composition; term of office; removal; vacancies; conflict of interest; compensation; attendance at meetings; appointment of employees; request for appropriations; quorum.

(a) There is established a Public Employee Relations Board (hereinafter referred to in this subchapter as the “Board”) consisting of 5 members, not otherwise in the employment of any labor organization granted exclusive recognition under this chapter or the District of Columbia government: Except, that members of the Board of Labor Relations established by Commissioner’s Order 70-229 may be appointed to the Public Employee Relations Board. The members shall be appointed by the Mayor within 60 days after the effective date of this subsection.

(b) The Mayor shall select members of the Board from persons who through their experience have demonstrated an expert knowledge of the field of labor relations and who possess the integrity and impartiality necessary to protect the public interest and the interests of the District of Columbia government and its employees. Every effort shall be made to select members who have experience in public sector labor relations and preference shall be given to such persons in the Mayor’s appointments to the Board.

(c) The members of the Board shall be selected by the Mayor in the following manner:

(1) One member shall be chosen from those persons whose names appear upon lists proposed by labor organizations each of which has been granted exclusive recognition for at least 250 District government employees at the time that the Mayor is making his or her selection;

(2) One member shall be chosen from a list of at least 2 names proposed by an ad hoc committee appointed by the Mayor representing agency heads within the District government; and

(3) Three neutral members, of whom 1 shall be designated by the Mayor as Chairperson, shall be public members.

(d) The term of office for each member is 3 years: Except, that members first appointed to the Public Employee Relations Board shall serve the following terms:

(1) Two members shall serve for 1 year;

(2) two additional members shall serve for 2 years; and

(3) the Chairperson shall serve a 3-year term.

The Mayor shall designate the term of each member at the time of his or her appointment.

(e) The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (g) of this section or for repeated failures to attend Board meetings, and appoint a new member in accordance with the provisions of subsection (c) of this section to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity, he or she shall initiate an action in the Superior Court of the District of Columbia in accordance with the provisions of § 16-3521 et seq. to remove such member.

(f) Any vacancy occurring in the Board shall be filled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays.

(g) A member of the Board who: (1) Violates the provisions of subsection (a) of this section; (2) engages in a conflict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted for an offense against the labor relations laws of the United States or of the District of Columbia, or for any other crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualification to hold office, in addition to the other punishment prescribed for such offenses, shall be removed from office as provided in this section.

(h) The procedure provided in subsection (c) of this section for filling a vacancy resulting from the expiration of a term of office shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation, or death of a member, the new appointee’s term of office shall be for the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsection (c) of this section. No person shall serve for more than 3 consecutive terms; provided, that a term to fill the remainder of an unexpired term left vacant due to the removal, resignation, or death of a member shall not count toward this limit.

(i) If at any time any matter comes before the Board in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualified from participation in the consideration of said matter.

(j) Each member of the Board is entitled to compensation as provided in § 1-611.12. Each member of the Board is expected to attend the regularly scheduled meetings of the Board. Thus a member may be removed by the Mayor, as provided in subsection (g) of this section, for repeated failures to attend such meetings, thereby hindering the work of the Board.

(k) The Board may appoint such employees as may be required to conduct its business. The Board is authorized to request such appropriations as may be necessary to carry out its functions. Each employee of the Board, except the Executive Director, is in the Career Service as defined in subchapter VIII of this chapter. The Executive Director and the attorneys shall be in the Legal Service as defined in subchapter VIII-B of this chapter. The Executive Director shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Board. Failure to maintain District residency shall result in a forfeiture of the position.

(l) Three members of the Board shall constitute a quorum for the transaction of business.


(Mar. 3, 1979, D.C. Law 2-139, § 501, 25 DCR 5740; Oct. 20, 2005, D.C. Law 16-33, § 3018, 52 DCR 7503; Feb. 6, 2008, D.C. Law 17-108, § 203(b), 54 DCR 10993; Apr. 25, 2018, D.C. Law 22-88, § 2, 65 DCR 2370.)

Prior Codifications

1981 Ed., § 1-605.1.

1973 Ed., § 1-335.1.

Section References

This section is referenced in § 1-523.01, § 1-636.02, and § 6-201.

Effect of Amendments

D.C. Law 16-33, in subsec. (k), added the third sentence.

D.C. Law 17-108, in subsec. (k), inserted the following two sentences: “The Executive Director shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Board. Failure to maintain District residency shall result in a forfeiture of the position.”

Cross References

Washington Convention Center employees, applicability of this subchapter, see § 10-1201.01 et seq.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Public Employee Relations Board Term Limit Emergency Amendment Act of 2017 (D.C. Act 22-171, Nov. 14, 2017, 64 DCR 12039).

For temporary (90 day) amendment of section, see § 3018 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Public Employee Relations Board Holdover Extension Emergency Amendment Act of 2009 (D.C. Act 18-101, June 2, 2009, 56 DCR).

For temporary (90 day) amendment of section, see § 2 of Public Employee Relations Board Holdover Extension Emergency Amendment Act of 2011 (D.C. Act 19-74, June 22, 2011, 58 DCR 5373).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Public Employee Relations Board Term Limit Temporary Amendment Act of 2017 (D.C. Law 22-50, Jan. 27, 2018, 64 DCR 12547).

References in Text

“The effective date of this subsection,” referred to in the second sentence of (a), is March 3, 1979.


§ 1–605.02. Powers of the Board.

The Board shall have the power to do the following:

(1) Resolve unit determination questions and other representation issues (including but not limited to disputes concerning the majority status of a labor organization);

(2) Certify and decertify exclusive bargaining representatives;

(3) Decide whether unfair labor practices have been committed and issue an appropriate remedial order;

(4) Resolve bargaining impasses through fact-finding, final and binding arbitration, or other methods agreed upon by the parties as approved by the Board and to remand disputes if it believes further negotiations are desirable. Arbitration shall not be conducted by the Board itself, but the Board shall provide arbitrators selected at random from a panel or list of arbitrators maintained by the Board and consisting of persons agreed upon by labor and management;

(5) Make a determination in disputed cases as to whether a matter is within the scope of collective bargaining;

(6) Consider appeals from arbitration awards pursuant to a grievance procedure; provided, however, that such awards may be modified or set aside or remanded, in whole or in part, only if the arbitrator was without, or exceeded, his or her jurisdiction; the award on its face is contrary to law and public policy; or was procured by fraud, collusion, or other similar and unlawful means; provided, further, that the provisions of this paragraph shall be the exclusive method for reviewing the decision of an arbitrator concerning a matter properly subject to the jurisdiction of the Board, notwithstanding any provisions of Chapter 44 of Title 16 of the District of Columbia Official Code;

(7) Conduct investigations, hear testimony, and take evidence under oath at hearings on any matter subject to its jurisdiction;

(8) Administer oaths or affirmations and through the power of subpoena, require the attendance of witnesses with any necessary records or other information which have a bearing on the dispute, without, however, abrogating rules and regulations abridging the confidentiality of personnel files as provided in subchapter XXXI of this chapter;

(9) Make decisions and take appropriate action on charges of failure to adopt, subscribe, or comply with the internal or national labor organization standards of conduct for labor organizations;

(10) Make recommendations concerning desirable revisions or amendments to the District government labor relations law;

(11) Adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties;

(12) The Board may designate a 3-member panel to hear any matter brought to it under this chapter. The decision of the 3-member panel shall be considered the final decision of the Board. An appeal from a decision of any 3-member panel may be taken in accordance with the provisions of §§ 1-617.02 and 1-617.13;

(13) Establish and maintain a list of qualified mediators, fact finders and arbitrators after consulting with employee organizations and management representatives, and appoint them;

(14) Retain, through the Director of the Office of Contracting and Procurement, independent legal counsel to assist in Board activities when the District government is a party to the Board’s proceedings or in any other situation as the Board deems appropriate;

(15) Develop a system for the collection, maintenance, and dissemination of labor-management relations information as appropriate to the needs of the District, labor organizations, and the public; and

(16) Seek appropriate judicial process to enforce its orders and otherwise carry out its authority under this chapter. In cases of contumacy by any party or other delay or impediment of any character, the Board may seek any and all such judicial process or relief as it deems necessary to enforce and otherwise carry out its powers, duties and authority under this chapter.

(17) Notwithstanding any other provision of this section, all procurement authority shall be vested in the Office of Contracting and Procurement; provided, that the Mayor’s obligations pursuant to § 1-204.49, to provide financial review and approval of contracts is unaffected.


(Mar. 3, 1979, D.C. Law 2-139, § 502, 25 DCR 5740; Apr. 12, 1997, D.C. Law 11-259, § 304(a), 44 DCR 1423; Sept. 18, 1998, D.C. Law 12-151, § 2(a), 45 DCR 4043; Apr. 12, 2000. D.C. Law 13-91, § 103(f), 47 DCR 520; Sept. 26, 2012, D.C. Law 19-171, § 9(b), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-605.2.

1973 Ed., § 1-335.2.

Section References

This section is referenced in § 1-636.02 and § 6-215.

Effect of Amendments

D.C. Law 13-91, in subd. (6), inserted a comma following “or in part”.

The 2012 amendment by D.C. Law 19-171 substituted “notwithstanding any provisions of Chapter 44 of Title 16 of the District of Columbia Code” for “notwithstanding any provisions of the District of Columbia Uniform Arbitration Act (D.C. Official Code § 16-4301 to 16-4319)” in (6).


§ 1–605.03. Transition procedures.

(a) The property and facilities of the Board of Labor Relations, established pursuant to Commissioner’s Order 70-229, shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter.

(b) The personnel and positions assigned to the Board of Labor Relations shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter: Provided, however, that incumbents of positions considered surplus to the needs of the Public Employee Relations Board may be separated in accordance with the provisions of subchapter XXIV of this chapter.

(c) All cases pending before the Board of Labor Relations shall be transferred to the Public Employee Relations Board on the effective date of subchapters V and XVII of this chapter as prescribed by § 1-636.02(i). The Public Employee Relations Board, with respect to any such transferred case, shall take such action as could have been taken by the Board of Labor Relations pursuant to labor-management relations programs as they existed when the case was filed, including those programs referred to in § 1-632.07(a).


(Mar. 3, 1979, D.C. Law 2-139, § 503, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(d), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-605.3.

1973 Ed., § 1-335.3.


§ 1–605.04. Publication of decisions.

The Board shall cause a copy of each order, decision, or opinion rendered by it to be published in the District of Columbia Register within 60 days of its issuance.


(Mar. 3, 1979, D.C. Law 2-139, § 504, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-605.4.

1973 Ed., § 1-335.4.

Cross References

Election campaigns, conflict of interest, disclosure, see § 1-1106.02.

Employee deferred compensation programs, collective bargaining agreements, review, see § 47-3601.

Merit system, abolishment of positions for fiscal year 2000, see § 1-624.08.

Merit system, educational service, rules and regulations, see § 1-608.01a.

Merit system, effective date provisions, see § 1-636.02.


Subchapter VI. Office of Employee Appeals.

§ 1–606.01. Establishment of the Office of Employee Appeals; composition; qualifications; term of office; vacancies; Chairperson; quorum; appeal procedure; conflict of interest; compensation; appointment of employees; expenditures; removal; exclusivity of position.

(a) There is established an Office of Employee Appeals (hereinafter referred to in this subchapter as the “Office”). The Office shall be composed of 5 members to be appointed by the Mayor in accordance with the provisions of subsection (b) of this section within 60 days of the date this chapter becomes effective as provided in § 1-636.02. Members of the Office shall have demonstrated knowledge concerning personnel management or labor relations, and a reputation for impartiality and integrity in the discharge of their responsibilities. No member shall be eligible for reappointment.

(b) The term of office of each member of the Office shall be 6 years: Except, that: (1) Of those members first appointed, 2 shall serve for 2 years and 3 shall serve for 4 years, respectively, from the date of appointment; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. No member may serve beyond the expiration of his or her term, except that a member serving a term of less than 6 years, who was appointed under clause (1) of this subsection, or a member who is appointed to serve the remainder of an unexpired term of three years or less, who was appointed under clause (2) of this subsection, may be reappointed for a full 6-year term. Appointments to fill vacancies shall be made in accordance with the provisions of subsection (a) of this section. The Mayor shall designate the term of each member at the time of his or her appointment.

(c) The Chairperson of the Office shall be designated by the Mayor. The Chairperson shall be the chief executive of the Office. The Mayor shall from time to time designate 1 member as Vice Chairperson of the Office. During the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson.

(d) Three members of the Office shall constitute a quorum for the transaction of official business and the issuance of rules and regulations. The Office may hear appeals brought before it under this subchapter by a hearing examiner. An appeal from a decision of any such hearing examiner may be taken either to the full Office or to the Superior Court of the District of Columbia at the option of any adversely affected party. If an appeal is taken directly to the Superior Court of the District of Columbia, the decision of a hearing examiner, for the purposes of such appeal, shall be considered as the final decision of the Office. If an appeal is taken from a decision of a hearing examiner to the full Office, the decision of the hearing examiner shall be stayed pending a final decision of the Office. Upon a vote of a majority of its members, the Office may hear de novo all issues of fact or law relating to an appeal of a decision of the hearing examiner, except the Office may decide to consider only the record made before such hearing examiner. A final decision of the full Office, relating to an appeal brought to it from a hearing examiner, shall be appealable to the Superior Court of the District of Columbia. Upon reviewing the final decision of the Office, the Court shall determine if it is supported by substantial evidence.

(e) If at any time any matter comes before the Office in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualified from participation in the consideration of the matter under deliberation.

(f) Each member of the Office is entitled to compensation at the rate of $125 per diem or $15.62 per hour whichever provides less, while actually in the service of the Office. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period. Adjustment to such rates of compensation shall be made in accordance with § 1-611.08(b), not to exceed the sum of $20,000 per annum.

(g)(1) The Chairperson of the Office shall appoint:

(A)(i) An Executive Director;

(ii) The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position;

(B) A General Counsel, who shall report to the Executive Director.

(2) The Executive Director shall report to the Chairperson and shall:

(A) Manage all agency operations and programs that support the work of the Office;

(B) Make all final decisions regarding the performance of the Office’s personnel, other than for the Executive Director and General Counsel, and fiscal management, general administrative support services, procurement, and contracts;

(C) Maintain the security of documents and claims; and

(D) Appoint other employees and make whatever expenditures are authorized to carry out the functions of the Office.

(3) The Office shall:

(A) Establish and maintain systems for the timely processing, recording, and control of cases;

(B) Maintain a data base system to record and provide information on the status and disposition of cases;

(C) Prepare and certify official records;

(D) Publish final decisions of the Office;

(E) Provide initial responses to Freedom of Information Act requests;

(F) Manage a formal system for the organization, maintenance, and disposition of Office records;

(G) Formulate and implement programs and policies that provide research assistance to the Office and the public; and

(H) Maintain an updated index of cases, to include among other things subject matter and outcome, to provide research assistance to the Office and the public.

(4) The General Counsel shall:

(A) Provide legal advice to the Office; and

(B) Assist in the enforcement of orders pursuant to § 1-606.09.

(h) The Office shall be considered an independent agency for budgetary and administrative purposes.

(i)(1) The Mayor may remove any member of the Office who engages in any activity prohibited by subsection (j) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity he or she shall initiate an action, in the Superior Court of the District of Columbia in accordance with the provisions of § 16-3521 et seq., to remove such member.

(2) Any vacancy occurring in the Office shall be filled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays.

(3) The procedure provided for in subsections (a) and (b) of this section for filling a vacancy resulting from the expiration of a term of office shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation or death of a member, the new appointee’s term of office is the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsections (a) and (b) of this section.

(j) Any member of the Office who: (1) Violates the provisions of subsection (k) of this section; (2) engages in a conflict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted of a crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualification to hold office, in addition to the other punishment prescribed for such offense, shall be removed from office as provided in this section.

(k) No member of the Office may hold any other position in the District government or any subordinate position in the Office.

(l) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Office unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Office. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Office of Employee Appeals shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.

(m) Hearing examiners employed by the Office of Employee Appeals shall be licensed to practice law in the District of Columbia.


(Mar. 3, 1979, D.C. Law 2-139, § 601, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(e), 27 DCR 2632; Mar. 16, 1989, D.C. Law 7-200, § 2, 36 DCR 6; May 15, 1990, D.C. Law 8-127, § 2(b), 37 DCR 2093; Sept. 30, 2004, D.C. Law 15-189, § 2(a), 51 DCR 6734; Feb. 6, 2008, D.C. Law 17-108, § 203(c), 54 DCR 10993; Mar. 25, 2009, D.C. Law 17-353, § 223(c)(1), 56 DCR 1117; Apr. 25, 2018, D.C. Law 22-87, § 2(a), 65 DCR 2368.)

Prior Codifications

1981 Ed., § 1-606.1.

1973 Ed., § 1-336.1.

Section References

This section is referenced in § 1-523.01, § 1-606.11, § 1-636.02, and § 2-352.03.

Effect of Amendments

D.C. Law 15-189 rewrote subsec. (g)(1)(B) which had read as follows: “(g)(1)(B) A General Counsel.”

D.C. Law 17-108 rewrote subsec. (g)(1)(A); and added subsec. (l). Prior to amendment, subsec. (g)(1)(A) read as follows: “(A) An Executive Director; and”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (l).

Cross References

Employee deferred compensation program, see § 47-3601.

Freedom of information, see § 2-531 et seq.

Procurement, chief procurement officer, see § 2-301.05e.

Applicability

Section 7029 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-87 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-87 have been implemented.

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(a) of D.C. Law 22-87 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

References in Text

“The date this chapter becomes effective,” referred to in (a), is March 3, 1979.

The “Freedom of Information Act”, referred to in (g)(3)(E), is codified at 5 U.S.C. § 552.


§ 1–606.02. Authority; duties of the Office.

(a) The Office shall have, in addition to the authority necessary and proper for carrying out its duties as specified elsewhere in this subchapter, the authority to:

(1) Appoint and remove employees of the Office, subject to applicable provisions of this chapter;

(2) Hear and adjudicate appeals received from District agencies and from employees as provided in this subchapter;

(3) Issue an annual report on the activities of the Office to the Mayor and Council which should include, at a minimum, the following:

(A) The number and nature of cases heard by the Office, and the type of order issued in each case;

(B) The number of appeals heard by Office panels and the disposition of such appeal or type of order issued in each case;

(C) The number of appeals taken to Superior Court of the District of Columbia (both directly and from Office panels) and the disposition of or status of each case; and

(D) A statement of the amount of time taken to reach a final disposition of each case brought before the Office and a statement of the number of backlogged cases, if any;

(4) Compel the appearance of witnesses and production of documents by subpoena, enforceable by the Office in the Superior Court of the District of Columbia;

(5) Issue any rules and regulations necessary to carry out its duties under this chapter; and

(6) Order any agency or employee of the government of the District of Columbia to comply with an order or decision issued by the Office under the authority of this chapter and to enforce compliance with the order or decision.

(b) Any performance rating, grievance, adverse action or reduction-in-force review, which has been included within a collective bargaining agreement under the provisions of subchapter XVII of this chapter, shall not be subject to the provisions of this subchapter.


(Mar. 3, 1979, D.C. Law 2-139, § 602, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(c), 37 DCR 2093.)

Prior Codifications

1981 Ed., § 1-606.2.

1973 Ed., § 1-336.2.

Section References

This section is referenced in § 1-606.11 and § 1-636.02.

Editor's Notes

Section 4 of D.C. Law 8-127 provided that the Office shall file a report on the operation of the Office with the Mayor and Council by Oct. 31, 1990. The report shall include the following:

Office of Employee Appeals Amendment Rules and Regulations Approval and Disapproval Resolution of 1992: Pursuant to Resolution 9-263, effective June 19, 1992, the Council approved, in part, and disapproved, in part, the proposed rules to amend the Office of Employee Appeals rules and regulations.

Office to file report: (1) The number of appeals filed with the Office;

(2) The number of appeals sent to arbitration;

(3) The number of decisions made by the Office;

(4) The number of backlog appeals;

(5) The costs incurred by the government of the District of Columbia for appeals sent to arbitration; and.

(6) The time taken to process all appeals within the Office and by arbitration.


§ 1–606.03. Appeal procedures.

(a) An employee may appeal a final agency decision affecting a performance rating which results in removal of the employee (pursuant to subchapter XIII-A of this chapter), an adverse action for cause that results in removal, reduction in force (pursuant to subchapter XXIV of this chapter), reduction in grade, placement on enforced leave, or suspension for 10 days or more (pursuant to subchapter XVI-A of this chapter) to the Office upon the record and pursuant to other rules and regulations which the Office may issue. Any appeal shall be filed within 30 days of the effective date of the appealed agency action.

(b) In any appeal taken pursuant to this section, the Office shall review the record and uphold, reverse, or modify the decision of the agency. The Office may order oral argument, on its own motion or on motion filed by any party within 15 days, and provide such other procedures or rules and regulations as it deems practicable or desirable in any appeal under this section.

(c) All decisions of the Office shall include findings of fact and a written decision, as well as the reasons or basis for the decision upon all material issues of fact and law presented on record, and order; provided, however, that the Office may affirm a decision without findings of fact and a written decision. Such decisions shall be published in accordance with the rules and regulations of the Office, and shall be published in the District of Columbia Register. Any decision by a Hearing Examiner shall be made within 120 days, excluding Saturdays, Sundays, and legal holidays, from the date of the appellant’s filing of the appeal with the Office. Within 45 days, excluding Saturdays, Sundays, and legal holidays, after the appeal is filed with the Office, the Office shall determine whether, in accordance with this section and the Office’s own rules, the Office has jurisdiction. Any decision shall include a statement of any further process available to the appellant including, as appropriate, a petition for review or a petition for enforcement and judicial review. Copies of the decision shall be immediately transmitted to the Office and all parties to the appeal, including named parties and intervenors. The initial decision of the Hearing Examiner shall become final 35 days after issuance, unless a party files a petition for review of the initial decision with the Office within the 35-day filing period. In accordance with § 1-604.04, the Office may promulgate rules to allow a Hearing Examiner a reasonable extension of time if extraordinary circumstances dictate that an appeal cannot be decided within the 120-day period. After issuing the initial decision, the Hearing Examiner shall retain jurisdiction over the case only to the extent necessary to correct the record, rule on a motion for attorney fees, or process any petition for enforcement filed under the authority of the Office. If the Office denies all petitions for review, the initial decision shall become final upon the issuance of the last denial. If the Office grants a petition for review, the subsequent decision of the Office shall be the final decision of the Office unless the decision states otherwise. Administrative remedies are considered exhausted when a decision becomes final in accordance with this section.

(d) Any employee or agency may appeal the decision of the Office to the Superior Court of the District of Columbia for a review of the record and such Court may affirm, reverse, remove, or modify such decision, or take any other appropriate action the Court may deem necessary.


(Mar. 3, 1979, D.C. Law 2-139, § 603, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(d), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(1), 45 DCR 2464; June 19, 2001, D.C. Law 13-313, § 2(b), 48 DCR 1873; May 18, 2004, D.C. Law 15-162, § 2(a), 51 DCR 3628; Sept. 30, 2004, D.C. Law 15-189,§ 2(b), 51 DCR 6734.)

Prior Codifications

1981 Ed., § 1-606.3.

1973 Ed., § 1-336.3.

Section References

This section is referenced in § 1-606.11 and § 1-616.52.

Effect of Amendments

D.C. Law 13-313, in subsec. (a), deleted “or a reduction-in-force (pursuant to subchapter XXIV of this chapter” following “(pursuant to subchapter XVI-A of this chapter),”.

D.C. Law 15-162, in subsec. (a), substituted “reduction in grade, placement on enforced leave,” for “reduction in grade,”.

D.C. Law 15-189, in subsec. (a), added “, reduction in force (pursuant to subchapter XXIV of this chapter)” after “that results in removal”.

Emergency Legislation

For temporary amendment of section, see § 101(d) of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Act 12-326, April 1, 1998, 45 DCR 2464).

For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).

For temporary (90-day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Emergency Amendment Act of 2000 (D.C. Act 13-430, August 14, 2000, 47 DCR 7459).

For temporary (90 day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-489, December 18, 2000, 48 DCR 43).

For temporary (90 day) amendment of section, see § 3 of Safe Teenage Driving and Merit Personnel Technical Amendment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-30, April 2, 2001, 48 DCR 3336).

For temporary (90 day) amendment of section, see § 2(a) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2861-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”


§ 1–606.04. Agency hearing procedures.

(a) The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings affecting individual employees whose removal is proposed or effected for cause pursuant to subchapter XVI-A of this chapter.

(b) The personnel authority shall provide for 15 days advance notice in writing stating the specific reasons for the proposed action prior to an adverse action against an employee for cause that results in removal, a reduction in grade, or a suspension of 10 days or more. This provision may be waived by the agency head if the employee’s conduct threatens the integrity of government operations, constitutes an immediate hazard to the agency, to other employees of the government, or to the employee, or to the public health, safety, or welfare.

(c) The personnel authority shall provide that any employee whose removal from service, reduction in grade, or suspension of 10 days or more is proposed, or whose removal is effected pursuant to § 1-616.51(5) have the following rights:

(1) To review any material upon which the proposal or action is based;

(2) To prepare a written response to the notice provided in subsection (b) of this section, including affidavits and other documentation;

(3) To be represented by an attorney or other representative; and

(4) To be heard, as provided in subsection (d) of this section in the case of a removal.

(d) The personnel authority shall provide an administrative review by a hearing officer appointed by the agency head of a proposed removal action or a removal action pursuant to § 1-616.51(5) including the employee’s response, if any, and may provide for an adversary hearing and the confrontation of witnesses.

(e) The personnel authority shall provide the employee with a written decision following the review provided in subsection (d) of this section, and shall advise each employee of his or her right to appeal to the Office as provided in this subchapter.


(Mar. 3, 1979, D.C. Law 2-139, § 604, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(d)(2), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(g), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-606.4.

1973 Ed., § 1-336.4.

Section References

This section is referenced in § 1-606.05.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12-124; 45 DCR 2464) are enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that

“Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Delegation of Authority

Delegations and sub-delegations of authority—Director of Personnel, Chief of Police, and Agency Heads—Rescission of Mayor’s Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor’s Order 97-88, see Mayor’s Order 2000-83, May 30, 2000 ( 47 DCR 4956).


§ 1–606.05. Authority of Council to issue rules mandated by § 1-606.04(a).

The officers of the Council of the District of Columbia may issue rules, subject to approval by the Council of the District of Columbia, concerning review of central staff employee personnel appeals as mandated in § 1-606.04(a).


(Oct. 24, 1981, D.C. Law 4-48, § 6, 28 DCR 4276; Apr. 30, 1988, D.C. Law 7-104, § 31, 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-606.5.


§ 1–606.06. Mediation and settlement.

(a) The Office shall develop a mediation program. Matters involving the following adverse actions shall undergo mediation through the program:

(1) The removal;

(2) The reduction in grade;

(3) The suspension of 10 days or more;

(4) The placement on enforced leave lasting 10 days or more; and

(5) Any other appeal the Hearing Examiner considers appropriate for mediation.

(b) Settlement of the dispute may be raised by the Hearing Examiner with the parties at any time. If the parties agree to a settlement without a decision on the merits of the case, a settlement agreement, prepared and signed by all parties, shall constitute the final and binding resolution of the appeal, and the Hearing Examiner shall dismiss the appeal with prejudice.


(Mar. 3, 1979, D.C. Law 2-139, § 605; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(3), 45 DCR 2464; Sept. 14, 2011, D.C. Law 19-21, § 1042, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 1-606.6.

Section References

This section is referenced in § 1-606.11.

Effect of Amendments

D.C. Law 19-21 rewrote subsec. (a), which had read as follows: “(a) The Office may, in its discretion, develop a mediation program.”

Short Title

Short title: Section 1041 of D.C. Law 19-21 provided that subtitle D of title I of the act may be cited as “Office of Employee Appeals Mandatory Mediation Amendment Act of 2011”.

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2861-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”


§ 1–606.07. Arbitration.

(a) The parties may agree in writing to arbitrate the dispute rather than have the Office adjudicate the case. An agreement by the parties to arbitrate the dispute must be reached within 30 days, excluding Saturdays, Sundays, and legal holidays, of the date the appeal was filed with the Office. Failure to reach an agreement to arbitrate shall result in the appeal being adjudicated by the Office.

(b) If the parties agree to arbitrate the dispute, the Office shall immediately forward the matter to the American Arbitration Association (“AAA”). The dispute shall be arbitrated in accordance with the Voluntary Labor Arbitration Rules of the AAA, except that a hearing on the dispute shall be held no later than 60 days from the date the dispute is referred to AAA.

(c) When an employee who is a party to the dispute is not a member of a collective bargaining unit, the District shall bear the filing fee and the costs of the arbitration, including the arbitrator’s fee. When an employee who is a party to the dispute is a member of a collective bargaining unit, the terms of the collective bargaining agreement and § 1-616.52(d) shall govern with respect to the filing fee and the costs of arbitration.

(d) The decision of the arbitrator may be appealed to the Superior Court of the District of Columbia within 30 days of issuance of the decision. The Court shall vacate the arbitration award if:

(1) The award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator, corruption by an arbitrator, or misconduct prejudicing the rights of any party;

(3) The arbitrator exceeded his or her authority;

(4) The arbitrator refused to postpone the hearing upon sufficient cause being shown, refused to hear evidence material to the controversy, or otherwise conducted the hearing in a manner to prejudice substantially the rights of a party;

(5) The award was not in accordance with applicable law, regulations, or rules; or

(6) There was no agreement to arbitrate.


(Mar. 3, 1979, D.C. Law 2-139, § 606; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; Apr. 12, 2000. D.C. Law 13-91, § 105, 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-606.7.

Effect of Amendments

D.C. Law 13-91, in subsec. (c), in the second sentence, substituted “§ 1-617.52(d)” for “§ 1-617.3(d)”.


§ 1–606.08. Attorney fees.

(a) The Hearing Examiner or the Arbitrator may require payment by the agency of reasonable attorney fees if the appellant is the prevailing party and payment is warranted in the interest of justice.

(b) Expired.


(Mar. 3, 1979, D.C. Law 2-139, § 607; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; June 28, 2002, D.C. Law 14-166, § 2, 49 DCR 4471.)

Prior Codifications

1981 Ed., § 1-606.8.

Effect of Amendments

D.C. Law 14-166 designated subsec. (a) and added subsec. (b).

Editor's Notes

Pursuant to its own terms, subsection (b) expired one year after June 28, 2002.

Section 7034 of D.C. Law 17-219 repealed section 3 of D.C. Law 14-166.


§ 1–606.09. Enforcement of order.

If the Office determines that the respondent has not complied with an order within 30 calendar days of service of the order, the Office shall certify the matter to the General Counsel and any agency that may be appropriate for enforcement.


(Mar. 3, 1979, D.C. Law 2-139, § 608; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)

Prior Codifications

1981 Ed., § 1-606.9.

Section References

This section is referenced in § 1-606.01.


§ 1–606.10. Public hearings.

(a) Hearings shall be open to the public. However, the Hearing Examiner may order a hearing or any part of a hearing closed if to do so would be in the best interest of the appellant, a witness, the public, or any other affected person. An order closing the hearing shall set forth the reasons for the Hearing Examiner’s decision. Any objection to closing the hearing shall be made part of the record.

(b) A vote or decision on the appeal by the Office shall be made in public, pursuant to § 1-207.42.


(Mar. 3, 1979, D.C. Law 2-139, § 609; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)

Prior Codifications

1981 Ed., § 1-606.10.


§ 1–606.11. Rules.

Within 45 days of May 15, 1990, the Office shall, pursuant to § 1-606.02, issue proposed rules to implement the provisions of §§ 1-604.06, 1-606.01, 1-606.03(c), and 1-606.06 to 1-606.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.


(Mar. 3, 1979, D.C. Law 2-139, § 610; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)

Prior Codifications

1981 Ed., § 1-606.11.

Cross References

Merit system, educational service, rules and regulations, see § 1-608.01a.

Merit system, effective date provisions, see § 1-636.02.

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.


Subchapter VII. Equal Employment Opportunity.

§ 1–607.01. Affirmative action; exercise of religion.

(a) The Council reaffirms its intent that the objectives of the Affirmative Action in District Government Employment Act, as amended (D.C. Code, § 1-521.01) be carried out.

(b) The Council and each agency shall make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business.

(c) If an employee’s religious beliefs require the employee to take time off from work during certain periods of the workday or workweek, the employee may elect to make up the time off, rather than to charge the time off to leave, in accordance with the procedures established under subsections (d) and (e) of this section.

(d) An employee who makes an election pursuant to subsection (c) of this section shall, if the need to take time off is foreseeable, request an adjustment of his or her work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time off from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the entity of the District government for which the employee works.

(e) Notice of an employee’s opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government.

(f) Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken off for the religious accommodation.


(Mar. 3, 1979, D.C. Law 2-139, § 701, 25 DCR 5740; Mar. 2, 1991, D.C. Law 8-193, § 2, 37 DCR 6728; Apr. 1, 2017, D.C. Law 21-232, § 2(e), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-607.1.

1973 Ed., § 1-337.1.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(e) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(e) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–607.02. Special provisions for persons with physical or developmental disabilities.

The Mayor may develop rules and regulations which authorize the inquiry into bona fide job-related qualifications which may affect persons with physical or developmental disabilities, prior to appointing such individuals under the authority of § 1-609.04(2). Persons with physical or developmental disabilities who apply for positions under the authority of subchapters VIII and VIII-A of this chapter may be examined to assure that their level of skills is sufficient to meet minimal job qualifications.


(Mar. 3, 1979, D.C. Law 2-139, § 702, 25 DCR 5740; Apr. 24, 2007, D.C. Law 16-305, § 3(b)(2)-(4), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-607.2.

1973 Ed., § 1-337.2.

Effect of Amendments

D.C. Law 16-305 substituted “persons with physical or developmental disabilities” for “persons with physical handicaps of developmental disabilities” and “Persons with physical or developmental disabilities” for “Physically handicapped or developmentally disabled person”.


§ 1–607.03. Veterans preference in employment.

(a) For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under § 511(d) of Title 10 of the United States Code [transferred; see now 10 U.S.C. § 12103] and have separated from the armed forces under honorable conditions may receive an additional 5 points on any register established under the authority of subchapters VIII and VIII-A of this chapter.

(b) A person entitled to preference points, as provided in subsection (a) of this section, shall receive an additional 5 points if he or she has separated from the armed forces under honorable conditions, and has established the presence at the time of appointment of a service-connected disability or is receiving compensation, disability retirement benefits, or pensions because of a public law administered by the Veterans Administration or a military department.

(c) Any employee of the District government who, on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to such veterans preference under this chapter.

(d) The Mayor is authorized to develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the armed forces but were less than honorably discharged. Such persons may be entitled to the preference afforded by this section at the time of initial appointment if they show, to the satisfaction of the Mayor, that they have been discriminated against in violation of those rights guaranteed in § 1-601.01(2) and this subchapter. No appeal shall be available to any person not afforded a veterans preference under the provisions of this subsection.

(e) Except for the appointment preferences provided in subsections (h), (i), (j), and (k) of this section, no person shall receive any appointment preference after 5 years from the date of separation from the armed forces of the United States.

(f) No person entering the armed forces of the United States after October 14, 1976, shall receive any preference unless the person served in the armed forces of the United States during time of war.

(g) No person retiring from the armed forces of the United States shall receive any preference.

(h) The surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership of a veteran shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(D) and 3309(1).

(i) The spouse or domestic partner of a service-connected veteran with a disability shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(E) and 3309(1).

(j) A person classified as 30 percent or more disabled under subsection (b) of this section shall receive an appointment preference as provided in that subsection.

(k) A person who served during the Vietnam conflict, who has a discharge of other than dishonorable, shall receive an appointment preference for a period not to exceed 10 years from May 19, 1982.


(Mar. 3, 1979, D.C. Law 2-139, § 703, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(f), 27 DCR 2632; May 19, 1982, D.C. Law 4-107, §§ 2, 3, 29 DCR 1410; Apr. 24, 2007, D.C. Law 16-305, § 3(c), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(b), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-607.3.

1973 Ed., § 1-337.3.

Effect of Amendments

D.C. Law 16-305, in subsec. (i), substituted “veteran with a disability” for “disabled veteran”.

D.C. Law 17-231, in subsec. (h), substituted “surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership” for “unmarried widow or widower”; and, in subsec. (i), substituted “spouse or domestic partner” for “wife or husband”.

References in Text

“ Section 511(d) of Title 10 of the United States Code,” referred to in (a), was recodified as sections 3571 and 8571 of Title 10. These sections were subsequently repealed, and present similar provisions may be found at 10 U.S.C. § 741.


§ 1–607.04. Employee selection procedures — Statement of purpose.

The Council believes that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies, as required by this subchapter. It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complemented by sound programs of job design, may aid significantly in the development and maintenance of an efficient work force and in the utilization and conservation of human resources.


(Mar. 3, 1979, D.C. Law 2-139, § 704, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-607.4.

1973 Ed., § 1-337.4.


§ 1–607.05. Employee selection procedures — Relation to job required.

The selection procedures utilized shall be job related to minimize or eliminate discrimination.


(Mar. 3, 1979, D.C. Law 2-139, § 705, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-607.5.

1973 Ed., § 1-337.5.

Section References

This section is referenced in § 1-607.06.


§ 1–607.06. Employee selection procedures — Evidence of validity.

(a) Each person utilizing a selection procedure in choosing among candidates for a position shall have available for inspection evidence that the procedure does not violate § 1-607.05. Such evidence shall be examined for indications of possible discrimination, such as instances of higher rejection rates for minority candidates than nonminority candidates.

(b) Evidence of selection procedure validity should consist of evidence demonstrating that the procedure is predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.


(Mar. 3, 1979, D.C. Law 2-139, § 706, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-607.6.

1973 Ed., § 1-337.6.


§ 1–607.07. Sex discrimination in benefit programs.

No benefit program shall be denied to any District employee on account of sex.


(Mar. 3, 1979, D.C. Law 2-139, § 707, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-607.7.

1973 Ed., § 1-337.7.


§ 1–607.08. Specific standards authorized.

Specific standards to carry out the purposes of this subchapter shall be adopted by the Mayor.


(Mar. 3, 1979, D.C. Law 2-139, § 708, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-607.8.

1973 Ed., § 1-337.8.


Subchapter VII-A. Residency Requirement. [Repealed].

§ 1–607.51. Residency requirement. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 751; as added July 24, 1998, D.C. Law 12-138, § 2(c), 45 DCR 2972; Oct. 21, 1998, Pub. L. 105-277, § 153, 112 Stat. 2681-146.)

Prior Codifications

1981 Ed., § 1-607.51.

Cross References

Employee deferred compensation program, office of employee appeals, review, see § 47-3601.

Equal opportunity employment, veterans’ preference, see § 1-607.03.

Health and hospitals public benefit corporation, personnel administration, see § 44-1102.08.

Merit system, coverage, agreements to provide coverage, see § 1-602.01.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, educational service, rules and regulations, see § 1-608.01a.

Merit system, effective date provisions, see § 1-636.02.

Merit system, equal employment opportunity, physically handicapped and developmentally disabled persons, see § 1-607.02.

Merit system, excepted service, transitional appointments or reassignments of nontemporary appointments, see § 1-609.07.

Merit system, personnel system, transition, rights and benefits, see § 1-602.04.

Organization for personnel management, rules and regulations, see § 1-604.04.

Public employee relations board, transfer of property, personnel and cases, see § 1-605.03.

Public libraries, board of trustees, powers and duties, see § 39-105.

Public service commission, office of general counsel, powers and duties, see § 34-803.

Washington convention center authority, merit personnel system inapplicable, see § 10-1202.16.

Editor's Notes

Section 2(c) of D.C. Law 12-138 had added this section, effective July 24, 1998; this section was subsequently repealed by Pub. L. 105-277, § 153, effective Oct. 21, 1998.


Subchapter VIII. Career Service.

§ 1–608.01. Creation of Career Service.

(a) The Mayor shall issue rules and regulations governing employment, advancement, and retention in the Career Service which shall include all persons appointed to positions in the District government, except persons appointed to positions in the Excepted, Executive, Educational, Management Supervisory, or Legal Service. The Career Service shall also include, after January 1, 1980, all persons who are transferred into the Career Service pursuant to the provisions of subsection (c) of § 1-602.04. The rules and regulations governing Career Service employees shall be indexed and cross referenced to the incumbent classification system and shall provide for the following:

(1) A positive recruitment program designed to meet current and projected personnel needs;

(2) Open competition for initial appointment to the Career Service;

(3) Examining procedures designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development as provided in subchapter VII of this chapter;

(4) Appointments to be made on the basis of merit by selection from the highest qualified available eligibles based on specific job requirements, from appropriate lists established on the basis of the provisions of paragraphs (1), (2), and (3) of this subsection with appropriate regard for affirmative action goals and veterans preference as provided in subchapter VII of this chapter;

(5) Appointments made without time limitation in accordance with paragraph (4) of this subsection, as permanent Career Service status appointments upon satisfactory completion of a probationary period of at least 1 year;

(6) Temporary, term, and other time-limited appointments, in appropriate cases, which do not confer permanent status but are to be made, insofar as practicable, in accordance with paragraph (4) of this subsection, except that such appointments to positions at the DS-12 level or equivalent or below may be made non-competitively;

(7) Appointments to continuing positions (in the absence of lists of eligibles), which do not confer permanent status, subject to meeting minimum qualification standards and subject to termination as soon as lists of qualified eligibles for permanent appointment can be established in accordance with paragraph (4) of this subsection;

(8) Emergency appointments for not more than 30 days to provide for maintenance of essential services in situations of natural disaster or catastrophes where normal employment procedures are impracticable;

(9) Promotions of permanent employees, giving due consideration to demonstrated ability, quality, and length of service;

(10) Reinstatements, reassignments, and transfers of employees with permanent status;

(11) Establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities for members of disadvantaged groups, persons with disabilities, women, and other appropriate target groups. These programs may provide for permanent appointments to trainee or similar positions through competition limited to these persons;

(12) Reduction-in-force procedures, with:

(A) A prescribed order of separation based on tenure of appointment, length of service, including creditable federal and military service, District residency, veterans preference, and officially documented work performance;

(B) Priority reemployment consideration for employees separated;

(C) Consideration of job sharing and reduced hours; and

(D) Employee appeal rights; and

(13) Separations for cause, which shall be subject to the adverse action and appeal procedures provided for in subchapter XVI-A of this chapter.

(b) Selections to the Career Service shall be made in accordance with equal employment opportunity principles as set forth in subchapter VII of this chapter.

(c) Repealed.

(d) The Mayor may issue separate rules and regulations concerning the personnel system affecting members of the uniform services of the Police and Fire Departments which may provide for a probationary period of at least 1 year. Other such separate rules and regulations may only be issued to carry out provisions of this chapter which accord such member of the uniform services of the Police and Fire Departments separate treatment under this chapter. Such separate rules and regulations are not a bar to collective bargaining during the negotiation process between the Mayor and the recognized labor organizations for the Metropolitan Police and Fire Departments, but shall be within the parameters of § 1-617.08.

(d-1) For members of the Metropolitan Police Department and notwithstanding § 1-632.03(a)(1)(B) or any other law or regulation, the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines.

(d-2)(1) The Chief of Police shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to the positions of Inspector, Commander, and Assistant Chief of Police that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies.

(2) All candidates for the positions of Inspector, Commander, and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.

(d-3)(1) The Fire Chief shall recommend to the Mayor criteria for Career Service promotions and Excepted Service appointments to the positions of Battalion Fire Chief and Deputy Fire Chief that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Fire Chief shall review national standards, such as the National Fire Protection Association’s Standard on Fire Officer Professional Qualifications.

(2) All candidates for the positions of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.

(e)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, an applicant for District government employment in the Career Service who is a bona fide resident of the District at the time of application shall be given a 10-point hiring preference over a nonresident applicant unless the applicant declines the preference. This preference shall be in addition to, and not instead of, qualifications established for the position.

(2) An applicant claiming a hiring preference shall submit 8 proofs of bona fide residency in a manner determined by the Mayor. If hired, the employee shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of bona fide residency annually to the director of personnel for the agency or instrumentality for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment.

(3) Any individual hired under a previous residency law who was subject to a residency requirement shall be treated as if the individual claimed a preference and was hired pursuant to the Residency Preference Amendment Act of 1988 [D.C. Law 7-203].

(4) In reductions-in-force, a resident District employee shall be preferred for retention and reinstatement of employment over a non-resident District employee. For purposes of this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall be considered a District resident. When the provisions of this paragraph conflict with an effective collective bargaining agreement, the terms of the collective bargaining agreement shall govern.

(5) A District employee hired in the Career Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Career Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection.

(6) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(7)(A) Except as provided in subparagraph (B), the Mayor may not require an individual to reside in the District of Columbia as a condition of employment in the Career Service.

(B) The Mayor shall provide notice to each employee in the Career Service of the provisions of this subsection that require an employee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989.

(e-1)(1) Notwithstanding any provision of Chapter 14 of Title 2 [§ 2-1401.01 et seq.], an applicant for District government employment in the Career Service shall be given a 10-point hiring preference if, at the time of application, the applicant:

(A) Is within 5 years of leaving foster care under the Child and Family Services Agency and is a resident of the District; or

(B)(i) Is currently in the foster care program administered by the Child and Family Services Agency; and

(ii) Is at least 18 years old and not more than 21 years old, regardless of residency.

(2) An applicant claiming a hiring preference pursuant to this subsection shall submit proof of eligibility for the preference by submitting to the hiring authority a letter or other document issued by the Child and Family Services Agency or the Family Court of the Superior Court of the District of Columbia showing that the applicant is or was in foster care or showing the date the applicant left court supervision.

(3) An applicant who receives a hiring preference pursuant to this subsection and who is a resident of the District shall remain eligible to receive any other preference available under this chapter in addition to the preference received pursuant to this subsection.

(4) For the purposes of this subsection, the term “foster care” shall have the same meaning as provided in § 4-342(2).

(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed approved.

(f) Repealed.

(g) Each subordinate agency head shall submit to the Mayor and the Council quarterly reports detailing the names of all new employees and their pay schedules, titles, and place of residence. The report shall explain the reasons for employment of non-District residents. The Mayor shall integrate into each subordinate agency’s yearly performance objectives the rate of success in hiring District residents. The Mayor shall conduct annual audits of each subordinate agency’s personnel records to ensure that all persons claiming a residency preference at time of hiring complies with the provisions of subsection (e)(2) of this section. Audit reports shall be submitted annually to the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 801, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(a), 25 DCR 10565; Aug. 7, 1980, D.C. Law 3-81, § 2(g), 27 DCR 2632; May 22, 1981, D.C. Law 4-2, § 2(a)-(c), 28 DCR 2586; Apr. 3, 1982, D.C. Law 4-92, § 2(a)-(c), 29 DCR 745; Aug. 1, 1985, D.C. Law 6-15, § 7(a), 32 DCR 3570; Mar. 16, 1989, D.C. Law 7-203, § 2(a), 36 DCR 450; Nov. 21, 1989, 103 Stat. 1277, Pub. L. 101-168, § 110B(b)(1); June 10, 1998, D.C. Law 12-124, § 101(e), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(a), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 20, 1999, D.C. Law 12-260, § 2(c), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(h), 47 DCR 520; Oct. 19, 2000, D.C. Law 13-172, § 822(a), 47 DCR 6308; Sept. 30, 2004, D.C. Law 15-194, § 104(a), 51 DCR 9406; Apr. 24, 2007, D.C. Law 16-305, § 3(d), 53 DCR 6198; Feb. 6, 2008, D.C. Law 17-108, § 203(d), 54 DCR 10993; Sept. 12, 2008, D.C. Law 17-231, § 3(c), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, § 223(c)(2), 56 DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(a), 59 DCR 461; July 13, 2012, D.C. Law 19-162, § 3, 59 DCR 5713; Mar. 7, 2015, D.C. Law 20-173, § 201(a), 61 DCR 12582.)

Prior Codifications

1981 Ed., § 1-608.1.

1973 Ed., § 1-338.1.

Section 203 of D.C. Law 20-173 provided that the amendments by §§ 201 and 202 of the act shall expire 2 years after March 7, 2015.

Section References

This section is referenced in § 1-602.01, § 1-602.02, § 1-602.04, § 1-608.59, § 1-609.57, § 4-1303.03, § 34-801, and § 50-2301.04.

Effect of Amendments

D.C. Law 13-91, in par. (13) of subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.

D.C. Law 13-172 inserted subsec. (d-1).

D.C. Law 15-194 added subsecs. (d-2) and (d-3).

D.C. Law 16-305, in subsec. (a)(11), substituted “persons with disabilities” for “handicapped persons”.

D.C. Law 17-108, rewrote subsecs. (e)(1) and (2); in subsec. (e)(7)(B), substituted “7 consecutive years” for “5 consecutive years”; and added subsec. (g).

D.C. Law 17-231, in subsec. (c)(1), substituted “spouse, domestic partner” for “husband, wife”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (e).

D.C. Law 19-115 repealed subsec. (c).

D.C. Law 19-162 added subsec. (e-1).

The 2015 amendment by D.C. Law 20-173 substituted “the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines” for “the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines” in (d-1).

Cross References

Traffic adjudication, hearing examiners powers and duties, see § 50-2301.04.

D.C. retirement board, see § 1-711.

Mayor and Council members, coverage, see § 1-602.02.

Merit system, effective date provisions, see § 1-636.02.

Procurement, employees subject to ethical conduct requirements, see § 2-310.01.

Emergency Legislation

For temporary amendment of section, see § 2(c) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

For temporary (90-day) amendment of section, see § 822(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 822(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of Department of Parks and Recreation Term Employee Appointment Emergency Amendment Act of 2009 (D.C. Act 18-50, April 27, 2009, 56 DCR 3584).

For temporary (90 days) amendment of this section, see § 201(a) of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438).

Temporary Legislation

For temporary (225 day) additions, see § 2 of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).

For temporary (225 day) additions, see § 2 of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).

Section 2 of D.C. Law 18-30 added a new subsec. (a)(6A) to read as follows:

“(6A) The position of a term employee in the Department of Parks and Recreation, paid by local appropriated funds and performing permanent services, that is renewed for more than 4 consecutive term appointments shall be converted to a career service employee position, subject to all laws regulating employee competition.”

Section 4(b) of D.C. Law 18-30 provided that the act shall expire after 225 days of its having taken effect.

References in Text

The “Residency Preference Amendment Act of 1988”, referred to in subsection (e)(3), is D.C. Law 7-203.

Editor's Notes

Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provided: “Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress.”

Section 203 of D.C. Law 20-173 provided that the amendments by §§ 201 and 202 of the act shall expire 2 years after March 7, 2015.

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had added a subsection (f) to this section.


Subchapter VIII-A. Educational Service.

§ 1–608.01a. Creation of the Educational Service.

(a) For the purpose of this subchapter, the term “Board” means the Board of Trustees of the University of the District of Columbia for educational employees of the University of the District of Columbia.

(b) The Board shall issue rules and regulations governing employment, advancement, and retention in the Educational Service, which shall include all educational employees of the District of Columbia employed by the Board. The rules and regulations shall be indexed and cross referenced as to the incumbent classification and compensation system.

(1) University of the District of Columbia. — In keeping with the purpose of this chapter, the Board of Trustees of the University of the District of Columbia shall issue rules and regulations embodying principles of merit and equal employment governing, among others, appointment, promotion, retention, reassignment, professional development and training, classification, and salary administration (except as provided in § 1-602.03), employee benefits, reduction-in-force, adverse action, grievances, and appeals, provided that such rules and regulations concerning adverse actions and regulations covering adverse actions and appeals shall be consistent with subchapters V, VI, VII, XVII-A and XVII of this chapter.

(2)(A)(i) Excluding those employees in a recognized collective bargaining unit, those employees appointed before January 1, 1980, those employees who are based at a local school or who provide direct services to individual students, and those employees required to be excluded pursuant to a court order (collectively, “Excluded Employees”), a person appointed to a position within the Educational Service shall serve without job tenure.

(ii) Except for Excluded Employees, the provisions of this paragraph shall apply to all nonschool-based personnel, as defined in § 1-603.01(13C), including:

(I) All Educational Service employees within the District of Columbia Public Schools (“DCPS”);

(II) Repealed.

(III) All Educational Service employees within the Office of the State Superintendent of Education.

(B)(i) A person employed within the Educational Service in DCPS, the Office of the State Superintendent of Education as of January 22, 2008, who is not an Excluded Employee shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph. A person employed by the Office of the State Superintendent of Education (“OSSE”) as of August 16, 2008, who is not an Excluded Employee, shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph.

(ii) Within 30 days of January 22, 2008, or in the case of employees employed by the OSSE before August 16, 2008, within 30 days of August 16, 2008, the Mayor shall notify in writing each employee of his or her reappointment. The employee shall accept or decline such reappointment within 10 days of receipt of the reappointment notice.

(iii) A person declining such reappointment shall receive a written 15-day separation notice and shall be entitled to severance pay pursuant to § 1-624.09.

(iv) An employee who accepts reappointment who is subsequently terminated shall be terminated in accordance with subparagraph (C)(ii) and (iii) of this paragraph.

(C)(i) A person employed within the Educational Service in DCPS, or the Office of the State Superintendent of Education who is not an Excluded Employee, shall be a probationary employee for one year from his or her date of hire (“probationary period”) and may be terminated without notice or evaluation.

(ii) Following the probationary period, an employee may be terminated, at the discretion of the Mayor; provided, that the employee has been provided a 15-day separation notice and has had at least one evaluation within the preceding 6 months, a minimum of 30 days prior to the issuance of the separation notice.

(iii) An employee terminated for non-disciplinary reasons may be given severance pay in accordance with § 1-609.03(f).

(D) The Mayor may terminate without notice or evaluation an employee for the following reasons:

(i) Conviction of a felony at any time following submission of an employee’s job application;

(ii) Conviction of another crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;

(iii) Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;

(iv) Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or

(v) Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance.

(E) A terminated employee shall retain his or her veterans preference eligibility, if any, in accordance with federal laws and regulations issued by the United States Office of Personnel Management but shall be separated without competition, assignment rights, retreat rights, a right to re-assignment under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to section 2400 of the District of Columbia Personnel Manual, or a right to any internal or administrative review, subject to any right under the Unit A of Chapter 14 of Title 2 [§ 2-1401.01 et seq.], federal law, or common law.

(F)(i) The Mayor shall establish:

(I) A positive recruitment program designed to meet current and projected personnel needs;

(II) A procedure for open competition for initial appointment to the Educational Service, designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development, and appointments of persons, made on the basis of merit, by selection from the highest qualified available eligible persons based on specific job requirements, with appropriate regard for affirmative-action goals and veterans preference as provided in subchapter VII of this chapter; and

(III) Written position descriptions for each position within the Educational Service and a process for updating the descriptions to maintain accurate and current position descriptions.

(ii) The Mayor shall provide a written copy of the relevant position description to each new employee and to each reappointed employee upon employment or reappointment.

(G) Appointments to the Educational Service of persons shall be made in accordance with equal employment opportunity principles, as set forth in subchapter VII of this chapter.

(H) Temporary and other time-limited appointments, which do not confer permanent status, may be made in appropriate cases, at the discretion of the Mayor, including emergency appointments to provide for the maintenance of essential services in situations of natural disaster or catastrophes, where normal-employment procedures are impracticable.

(I) Within 180 days of January 22, 2008, the Mayor shall submit a list to the Council, for informational purposes, of those people employed within the Educational Service in DCPS, the Office of the State Superintendent of Education, and the Office of Public Education Facilities Modernization as of January 22, 2008, who, pursuant to subparagraph (B) of this paragraph, declined reappointment and were terminated and who accepted reappointment but were subsequently terminated. The Mayor shall maintain a database of this information on an ongoing basis to be submitted to the Council pursuant to section 5 of the Public Education Personnel Reform Amendment Act of 2008, effective March 20, 2008 (D.C. Law 17-122; 55 DCR 1506).

(J)(i) The Mayor shall establish reduction-in-force procedures, including:

(I) A prescribed order of separation based on District residency and veterans preference;

(II) Priority reemployment consideration of separated employees; and

(III) Job sharing and reduced hours, if feasible.

(ii) Notwithstanding any other provision of law or regulation, an Excluded Employee or a nonschool-based employee shall not be assigned or reassigned to replace a classroom teacher.

(iii) For the purposes of this subparagraph, the term “reduction-in-force” means a reduction in personnel, the need for which shall be declared by the Mayor, that is necessary due to a lack of funding or the discontinuance of a department, program, or function of an agency. A reduction-in-force shall not be considered a punitive or corrective action as it relates to an employee separated pursuant to the reduction in force and no blemish on an employee’s record shall ensue.

(3) Repealed.

(c)(1) For the purpose of this subsection, “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, spouse, domestic partner, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(2) A public official who appoints, employs, promotes, or advances, or advocated such appointment, employment, promotion, or advancement of any individual in violation of this subsection shall reimburse the District for any funds improperly paid to such individual.

(3) The Board may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this subsection.

(4) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency, and is a relative of the individual.

(d)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, an applicant for District government employment in the Educational Service who is a bona fide resident of the District at the time of application shall be given a 10-point hiring preference over a nonresident applicant unless the applicant declines the preference. This preference shall be in addition to, and not instead of, qualifications established for the position.

(2) An applicant claiming a hiring preference shall submit 8 proofs of bona fide residency in a manner determined by the Mayor or the Board. If hired, the employee shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of bona fide residency annually to the director of personnel for the agency for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment.

(3) Any individual hired under a previous residency law who was subject to a residency requirement shall be treated as if the individual claimed a preference and was hired pursuant to the Residency Preference Amendment Act of 1988.

(4) In reductions-in-force, a resident District employee shall be preferred for retention and reinstatement of employment over a non-resident District employee. For purposes of this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall be considered a District resident. When the provisions of this paragraph conflict with an effective collective bargaining agreement, the terms of the collective bargaining agreement shall govern.

(5) A District employee hired in the Educational Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Educational Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection.

(6) The Mayor or the Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(7)(A) Except as provided in subparagraph (B), the Mayor or the Board may not require an individual to reside in the District of Columbia as a condition of employment in the Educational Services.

(B) The Mayor or the Board shall provide notice to each employee in the Educational Service of the provisions of this subsection that require an employee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989.

(e) Repealed.

(f) The Board shall submit to the Council quarterly reports detailing the names of all new employees, their pay schedules, titles, and place of residence. The report shall explain the reasons for employment of non-District residents. The Board shall integrate into its yearly performance objectives the rate of success in hiring District residents. The Boards shall conduct annual audits of its personnel records to ensure that all persons claiming a residency preference at time of hiring complies with the provisions of subsection (d)(2) of this section. Audit reports shall be submitted annually to the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 801A, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(b), 25 DCR 10565; Aug. 7, 1980, D.C. Law 3-81, § 2(h), 27 DCR 2632; May 22, 1981, D.C. Law 4-2, § 2(d), (e), 28 DCR 2586; Apr. 3, 1982, D.C. Law 4-92, § 2(d), (e), 29 DCR 745; Mar. 14, 1985, D.C. Law 5-159, § 21, 32 DCR 30; Aug. 1, 1985, D.C. Law 6-15, § 7(b), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(h), 33 DCR 7241; Mar. 16, 1989, D.C. Law 7-203, § 2(b), 36 DCR 450; Nov. 21, 1989, 103 Stat. 1277, Pub. L. 101-168, § 110B(b)(2); Sept. 26, 1995, D.C. Law 11-52, § 1001(b), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(a), (b), 43 DCR 5; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(2); Aug. 1, 1996, D.C. Law 11-152, § 302(g), 43 DCR 2978; Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(2); June 10, 1998, D.C. Law 12-124, § 101(f), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(b), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 12, 2000. D.C. Law 13-91, § 103(i), 47 DCR 520; Apr. 24, 2007, D.C. Law 16-305, § 3(e), 53 DCR 6198; Feb. 6, 2008, D.C. Law 17-108, § 203(e), 54 DCR 10993; Mar. 20, 2008, D.C. Law 17-122, § 2(a), 55 DCR 1506; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(a), 4019(a), 55 DCR 7598; Sept. 12, 2008, D.C. Law 17-231, § 3(d), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, §§ 224(a), 225, 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-171, §§ 9(c), 143, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-609.1.

1973 Ed., § 1-338.2.

Section References

This section is referenced in § 1-602.04, § 1-617.09, and § 1-624.02.

Effect of Amendments

D.C. Law 13-91, in par. (1) of subsec. (b), substituted “subchapters V, VI, VII, XVII-A and XVIII” for “subchapters V, VI, VII, XVII and XVIII”.

D.C. Law 16-305, in subsec. (b)(2)(K), substituted “persons with disabilities” for “handicapped persons”.

D.C. Law 17-108, rewrote subsecs. (d)(1) and (2); in subsec. (d)(7)(B), substituted “7 consecutive years” for “5 consecutive years”; and added subsec. (f).

D.C. Law 17-122, in subsec. (a), substituted “Board” for “Boards” and deleted “the District of Columbia Board of Education for educational employees of the Board of Education and” following “means”; in subsec. (b), substituted “Board” for “Boards” and rewrote par. (2); in subsec. (c), substituted “Board” for “Boards”; in subsec. (d), substituted “Mayor or Board” for “Boards”.

D.C. Law 17-219, in subsec. (b)(2), repealed subpar. (A)(ii)(II), rewrote subpar. (A)(ii)(III), substituted “the Office of the State Superintendent of Education as of” for “the Office of the State Superintendent for Education, and the Office of Public Education Facilities Modernization as of” and inserted “A person employed by the Office of the State Superintendent of Education (’OSSE’) as of August 16, 2008, who is not an Excluded Employee, shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph.” in subpar. (B)(i), inserted “or, in the case of employees employed by the OSSE before August 16, 2008, within 30 days of August 16, 2008,” in subpar. (B)(ii), and substituted “or the Office of the State Superintendent of Education who is not” for “the Office of the State Superintendent for Education, or the Office of Public Education Facilities Modernization who is not” in subpar. (C)(i).

The 2012 amendment by D.C. Law 19-171 substituted “Superintendent of Education” for “Superintendent for Education” throughout (b); and substituted “The board” for “Each Board” in (f).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) additions, see §§ 3, 5 of Public Education Personnel Reform Emergency Amendment Act of 2008 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(a) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

For temporary (225 day) amendment of section, see § 1001 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Short Title

Short title: Section 4003 of D.C. Law 17-219 provided that subtitle B of title IV of the act may be cited as the “Educational Service Amendment Act of 2008”.

References in Text

The “Residency Preference Amendment Act of 1988”, referred to in subsection (d)(3), is D.C. Law 7-203.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Editor’s note: Both D.C. Law 11-52 and D.C. Law 11-98 added a new (b)(2)(L-i). The versions were almost identical, and effect has been given to D.C. Law 11-98.

Sections 3 to 5 of D.C. Law 17-122 provided:

“Sec. 3. Rulemaking.

“The Mayor shall issue rules to implement the provisions of section 2. The proposed rules shall be submitted to the Council for a 45-day period of review. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

“Sec. 4. Voluntary early-retirement request.

“The Mayor shall submit a request to the United States Office of Personnel Management that it authorize voluntary early retirement to employees in the Educational Service classification of the District of Columbia Public Schools, the Office of the State Superintendent of Education, and the Office of Public Education Facilities Modernization hired prior to 1987 and entitled to federal benefit payments.

“Sec. 5. Evaluation and re-authorization.

“On September 15, 2012, the Mayor shall submit to the Council an assessment of the personnel reform enacted by this act, which shall include:

“(1) A comprehensive list of the employees terminated pursuant to this act, as described in section 801A(b)(2)(I) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01a(b)(2)(I); and

“(2) An assessment of the progress in public education achieved as a result of this act that warrants continuation of the provisions of this act.”

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had added a subsection (e) to this section.


Subchapter VIII-B. Government Attorneys.

Part A. General.

§ 1–608.51. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means any subordinate or independent agency of the District government, but does not include the following entities:

(A) Superior Court or the Court of Appeals;

(B) District of Columbia Financial Responsibility and Management Assistance Authority;

(C) Board of Parole;

(D) Repealed;

(E) Housing Finance Agency;

(F) Pretrial Services Agency;

(G) Public Defender Service;

(H) Water and Sewer Authority;

(I) Washington Convention and Sports Authority;

(J) Housing Authority; or

(K) Any agency or unit thereof excluded by court order from coverage pursuant to this chapter.

(2) "Attorney" means:

(A) Any position which is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(B) Notwithstanding subparagraph (A) of this paragraph, a hearing examiner employed by the Office of Employee Appeals.

(3) “Senior Executive Attorney Service position” means:

(A) Any attorney position which is classified above DS-15, or an equivalent position, and in which the employee:

(i) Directs the work of an organizational unit;

(ii) Is held accountable for the success of one or more specific programs or projects;

(iii) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals;

(iv) Supervises the work of employees other than personal assistants;

(v) Performs important legal policy-making or policy-determining functions; or

(vi) Provides significant leadership in legal counseling or in the trial of cases;

(B) Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or

(C) Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Officer.


(Mar. 3, 1979, D.C. Law 2-139, § 851; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(a), 47 DCR 520; July 12, 2001, D.C. Law 14-18, § 9(b), 48 DCR 4047; Oct. 20, 2005, D.C. Law 16-33, § 3012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191,§ 5(p)(1), 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2082(b), 57 DCR 181; Apr. 25, 2018, D.C. Law 22-87, § 2(b), 65 DCR 2368.)

Prior Codifications

1981 Ed., § 1-609.51.

Section References

This section is referenced in § 1-608.53 and § 7-771.06.

Effect of Amendments

D.C. Law 13-91, in subpar. (K) of par. (1), substituted “pursuant to this chapter” for “pursuant to the CMPA”.

D.C. Law 14-18 repealed subpar. (D) of par. (1) which had read:

“(D) Health and Hospitals Public Benefit Corporation;”

D.C. Law 16-33, rewrote pars. (3)(B) and (3)(C).

D.C. Law 16-191, in par. (3)(B), validated a previously made technical correction.

D.C. Law 18-111, in par. (1)(I), substituted “Washington Convention and Sports Authority” for “Washington Convention Center Authority”.

Applicability

Section 7029 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-87 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-87 have been implemented.

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(b) of D.C. Law 22-87 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary addition of subchapter IX-B, see § 2(j) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 3012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title of subtitle B of title III of Law 16-33: Section 3011 of D.C. Law 16-33 provided that subtitle B of title III of the act may be cited as the Legal Service Amendment Act of 2005.


§ 1–608.51a. Establishment of the Mayor’s Office of Legal Counsel.

(a) Pursuant to § 1-204.04(b), the Council establishes the Mayor’s Office of Legal Counsel, within the executive branch of the District of Columbia government. The office shall be headed by a Director who shall be appointed by the Mayor and serve at the Mayor’s pleasure.

(b)(1) The purposes of the Mayor’s Office of Legal Counsel shall include:

(A) Coordinating the hiring, compensation, training, and resolution of significant personnel-related issues for subordinate agency counsel in conjunction with agency directors;

(B) Providing legal and policy advice to the Mayor and executive branch;

(C) Resolving interagency legal issues for the Mayor;

(D) Overseeing the representation of agencies in investigative matters before the executive branch of the federal government, Congress, or the Council of the District of Columbia; and

(E) Supervising outside counsel in matters where the Office of the Attorney General is recused from a matter or otherwise not available.

(2) The Director shall employ attorneys and support staff to assist in carrying out the purposes of the office. At least one staff member shall have as one of his or her primary duties the management of issues arising from subordinate agency general counsel-related matters.

(c) Nothing in this section shall be construed to abrogate the provisions of §§ 1-301.89 and 1-301.90.


(Mar. 3, 1979, D.C. Law 2-139, § 851a; as added Dec. 13, 2013, D.C. Law 20-60, § 101(a), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.52. Creation of the Legal Service.

There is established within the District government a Legal Service for the Council, independent agencies, and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise.


(Mar. 3, 1979, D.C. Law 2-139, § 852; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(b), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(b), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(f), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.52.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 16-33 rewrote the section, which had read as follows: “There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, this subchapter shall vest in the Corporation Counsel supervisory authority of attorneys employed by the subordinate agencies.”

The 2013 amendment by D.C. Law 20-60 substituted “all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise” for “all attorneys who perform work for subordinate agencies shall become employees of the Office of the Attorney General for the District of Columbia” in the second sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.53. Creation of the Senior Executive Attorney Service.

(a) A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the effectiveness and productivity of employees under their supervision.

(b) Notwithstanding subchapter XVI-A of this chapter, an appointment to the Senior Executive Attorney Service shall be at will employment, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(c) A Senior Executive Attorney who is to be removed or whose grade is to be reduced may be appointed, at the discretion of the Director of the Mayor’s Office of Legal Counsel or Attorney General, to a position in the Legal Service which is available and for which the attorney is qualified, if the removal or reduction in grade is not for delinquency or misconduct.

(d) A Senior Executive Attorney employed by the Office of the Attorney General shall serve at the pleasure of the Attorney General. A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency. A Senior Executive Attorney employed by the Mayor’s Office of Legal Counsel shall serve at the pleasure of the Director of the Mayor’s Office of Legal Counsel.

(e) A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency, and the subordinate agency head shall consult with the Director of the Mayor’s Office of Legal Counsel before making any decision concerning the termination of a Senior Executive Attorney.

(f) A Senior Executive Attorney employed by an independent agency shall serve at the pleasure of the agency head, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(g) Persons currently holding an appointment in the Excepted Service which meet the definition of a Senior Executive Attorney Service position as defined in § 1-608.51(3) shall be appointed to the Senior Executive Attorney Service unless the employee declines the appointment. A person who declines this appointment shall be appointed within 3 months to another position in the Legal Service if a vacant position for which the employee qualifies is available and is acceptable to the employee.

(h) An individual appointed to the Senior Executive Attorney Service shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons.


(Mar. 3, 1979, D.C. Law 2-139, § 853; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(b), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(c), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 121, 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(2), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(c), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.53.

Section References

This section is referenced in § 1-608.59, § 2-1831.08, and § 34-804.

Effect of Amendments

D.C. Law 13-91 rewrote subsec. (b), which previously read:

“An appointment to the Senior Executive Attorney Service shall be at-will employment.”; and in subsec. (f), added “, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute”.

D.C. Law 16-33, in subsecs. (a) through (d), substituted “Attorney General” for “Corporation Counsel”; and rewrote subsec. (e).

D.C. Law 16-91, in subsecs. (a) through (d), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (a) to (d), validated previously made technical corrections.

The 2013 amendment by D.C. Law 20-60 substituted “Director of the Mayor’s Office of Legal Counsel or Attorney General” for “Attorney General” in (c); added the last two sentences in (d); and rewrote (e).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.54. Appointment of attorneys.

(a) Attorneys employed by the Office of the Attorney General shall be hired by the Attorney General. Attorneys employed by subordinate agencies shall be hired by the subordinate agency heads after consultation with the Director of the Mayor’s Office of Legal Counsel. Attorneys employed by the Mayor’s Office of Legal Counsel shall be hired by the Director of the Mayor’s Office of Legal Counsel.

(b) Attorneys employed by an independent agency shall be hired by the head of the agency or the Senior Executive Attorney designee.

(c) Legal Service attorneys may be hired noncompetitively.


(Mar. 3, 1979, D.C. Law 2-139, § 854; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(c), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(d), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(d), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.54.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), added “or the Senior Executive Attorney designee”; and added subsec. (c).

D.C. Law 16-33 rewrote subsec. (a), which had read as follows: “(a) Attorneys employed by the Office of the Corporation Counsel, wherever located in the District government, shall be hired by the Corporation Counsel. Attorneys, including Senior Executive Attorneys, employed by any other subordinate agency shall be hired by the head of the agency with the approval of the Corporation Counsel.”

The 2013 amendment by D.C. Law 20-60 rewrote (a).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.55. Supervision of attorneys.

(a) Attorneys employed by the Office of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall act under the direction, supervision, and control of the Attorney General.

(a-1) Attorneys employed by subordinate agencies shall act under the direction, supervision, and control of the head of the subordinate agency.

(a-2) Attorneys employed by the Council:

(1) If employed in the office of a Councilmember, shall act under the direction, supervision, and control of the Councilmember;

(2) If employed in the office of a Committee of the Council, shall act under the direction, supervision, and control of the Chair of the Committee; and

(3) If employed in the office of a Council Officer, shall act under the direction, supervision, and control of the Council Officer.

(b) Attorneys employed by the Mayor’s Office of Legal Counsel shall be under the direction, supervision, and control of the Director of the Mayor’s Office of Legal Counsel.

(c) Attorneys employed by independent agencies shall act under the direction, supervision, and control of the respective agency heads.

(d) The Director of the Mayor’s Office of Legal Counsel may, with the consent of a subordinate agency director, assign an attorney employed by the Mayor’s Office of Legal Counsel to perform work primarily as or for the General Counsel of the affected subordinate agency, whether located at the agency or not, in the Director of the Mayor’s Office of Legal Counsel’s discretion.


(Mar. 3, 1979, D.C. Law 2-139, § 855; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(e), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(e), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(g), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.55.

Section References

This section is referenced in § 1-608.53, § 1-608.56, § 7-771.06, and § 7-1131.08.

Effect of Amendments

D.C. Law 16-33, rewrote subsec. (a), (b) and (d).

The 2013 amendment by D.C. Law 20-60 would have added (a-1); and would have rewritten (b) and (d).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.56. Disciplinary action for attorneys other than Senior Executive Attorneys.

(a) Notwithstanding subchapter XVI-A of this chapter [§ 1-616.51 et seq.], a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious.

(b) The disciplinary action provided for in subsection (a) of this section shall be taken by:

(1) The Attorney General when the attorney is employed by the Office of the Attorney General and performs work primarily for that Office, whether located in that Office or not;

(1A) The Director of the Mayor’s Office of Legal Counsel when the attorney is employed by the Mayor’s Office of Legal Counsel and performs work primarily for that office, whether located in that office or not;

(2) Repealed; or

(3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency, and by the subordinate agency head in consultation with the Director of the Mayor’s Office of Legal Counsel when the attorney is employed by a subordinate agency.

(c) Any disciplinary action taken pursuant to this section against an attorney employed by a subordinate agency or the Mayor’s Office of Legal Counsel may be appealed to the Mayor. Any such action taken against an attorney employed by the Office of the Attorney General may be appealed to the Attorney General. The Mayor’s and the Attorney General’s decisions regarding disciplinary actions shall be final.

(d) The disciplinary provisions of § 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.


(Mar. 3, 1979, D.C. Law 2-139, § 856; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(d), 47 DCR 520; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 7; Oct. 20, 2005, D.C. Law 16-33, § 3012(f), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 110(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(3), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(f), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.56.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Notwithstanding subchapter XVII-A,”.

Subsec. (110)(d)(1)(B) of D.C. Law 13-91 provided:

“(1) Subsection (a) is amended as follows:

“(B)(i) Strike the phrase ‘or reduction in grade,’ and insert the phrase ‘reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,’ in its place.

“(ii) The subparagraph shall apply upon the enactment of legislation by the United States Congress that states ‘Notwithstanding any other law, section 3(c)(1)(B)(i) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999, adopted by the Council of the District of Columbia is enacted into law’.”

Pub. L. 108-386, in subsec. (a), substituted “reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,” for “or reduction in grade,”.

D.C. Law 16-33 rewrote subsec. (b), which had read as follows: “(b) The disciplinary action provided for in subsection (a) of this section shall be taken by: (1) The Corporation Counsel when employed by the Office of the Corporation Counsel; (2) The Corporation Counsel, after consulting with the agency head, when the attorney is employed by a subordinate agency and there has been no delegation of authority over the attorney pursuant to § 1-608.55; or (3) The agency head or the Senior Exec Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Corporation Counsel has delegated authority over the attorney to the subordinate agency head pursuant to § 1-608.55.”

D.C. Law 16-91 added subsec. (d).

D.C. Law 16-191, in subsec. (b)(2), validated a previously made technical correction.

The 2013 amendment by D.C. Law 20-60 would have added (b)(1A); would have repealed (b)(2); and would have rewritten (b)(3) and (c).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provided: “The amendments made by this section shall take effect on the date of the enactment of this Act.”

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.57. Continuing legal education; management supervisory skills maintenance and enhancement; accountability standards and plans.

(a)(1) Attorneys in the Legal Service, other than attorneys employed by an independent agency or the Council, shall participate in an annual mandatory program of continuing legal education. The Attorney General shall establish a program for attorneys employed by the Office of the Attorney General, and the Director of the Mayor’s Office of Legal Counsel shall establish a program for attorneys employed by the subordinate agencies and the Mayor’s Office of Legal Counsel.

(2) Training programs offered by the Office of the Attorney General shall, to the extent practicable, be made available with no charge to attorneys employed by the subordinate agencies; likewise, training programs offered by the Mayor’s Office of Legal Counsel for attorneys employed by the subordinate agencies shall, to the extent practicable, be made available with no charge to attorneys in the Office of the Attorney General.

(3) Attorneys in the Legal Service who supervise one or more other attorneys as part of their normal duties shall maintain and enhance their management and supervisory skills through at least annual in-house or other training arranged or approved by their employing agency.

(b) The Attorney General and the Director of the Mayor’s Office of Legal Counsel shall each develop and establish performance management systems that include accountability standards and individual accountability plans for all attorneys, including Senior Executive Attorneys, in the Legal Service who are under their direction, supervision, or control. The performance management systems shall link pay to performance.

(c) The head of an independent agency that employs attorneys in the Legal Service shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys in the Legal Service who are under their direction and control. The head of an independent agency may utilize a system developed for use by the Attorney General or the Director of the Mayor’s Office of Legal Counsel for attorneys under the independent agency head’s direction or control. The performance management system shall link pay to performance.


(Mar. 3, 1979, D.C. Law 2-139, § 857; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(g), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(g), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(h), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.57.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(g) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.58. Pay parity for attorneys.

(a) Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be fixed in accordance with the following policy:

(1) The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive Service Salary Table for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications and experience; and

(2) The compensation of all other Legal Service Attorneys shall be competitive with that provided by the federal government General Schedule for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications, and experience.

(b) Pay shall be established by the Mayor and submitted by resolution to the Council pursuant to § 1-611.06.


(Mar. 3, 1979, D.C. Law 2-139, § 858; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-609.58.

Section References

This section is referenced in § 34-804.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

Resolutions

Resolution 15-793, the “Office of the Attorney General for the District of Columbia Legal Services Non-Collective Bargaining Unit Employees Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 15-795, the “Office of the Attorney General Legal Services Managers Compensation System Establishment Rulemaking and Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 16-319, the “Office of the Attorney General Legal Service Managers Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-320, the “Office of the Attorney General for the District of Columbia Legal Service Non-Collective Bargaining Employees Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.


§ 1–608.59. Residency.

(a) The provisions of § 1-608.01(e) shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia.

(b) Notwithstanding the provisions of §§ 1-608.01(e) and 2-1401.01 et seq., any attorney appointed to the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia shall become a bona fide resident of the District within 180 days of the effective date of the appointment, and shall remain a District resident for the duration of the employment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.

(c) The Director of Personnel may waive the residency requirement in subsection (b) of this section for any individual appointed to a hard-to-fill position pursuant to § 1-608.53.


(Mar. 3, 1979, D.C. Law 2-139, § 859; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(e), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-609.59.

Section References

This section is referenced in § 2-1831.08.

Effect of Amendments

D.C. Law 13-91, in subsecs. (a) and (b), substituted “the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia” for “the Senior Executive Attorney Service”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).


§ 1–608.60. Reporting.

No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of:

(1) The effect of any pay increase approved for attorneys in the Legal Service on the quality of applicants for positions in the Legal Service and the retention of highly qualified attorneys;

(2) The experience under the new standards for adverse and corrective actions;

(3) The programs established for legal and management training;

(4) The performance management system established, including the results obtained from linking the award of additional income allowances to performance; and

(5) Any other matters that the Corporation Counsel identifies as relevant.


(Mar. 3, 1979, D.C. Law 2-139, § 860; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(f), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-609.60.

Effect of Amendments

D.C. Law 13-91 redesignated former subsecs. (a) to (e) as subsecs. (1) to (5), respectively.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.


§ 1–608.61. Rulemaking.

The Attorney General and the Director of the Mayor’s Office of Legal Counsel may each adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].


(Mar. 3, 1979, D.C. Law 2-139, § 861; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(h), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(h), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.61.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 would have substituted “Attorney General and the Director of the Mayor’s Office of Legal Counsel may each” for “Attorney General may”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(h) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.62. Applicability.

The provisions of this subchapter shall apply on April 20, 1999, except as follows:

(1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classified as Educational Service employees.

(2) Repealed.

(3) Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Office of the Corporation Counsel as of the effective date of this subchapter. Effective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date.

(4) The provisions of § 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following:

“Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys first hired on or before December 31, 1979.”

(5) Effective October 1, 2014, any attorney who is employed by the Office of the Attorney General and performs work primarily as or for the General Counsel of a subordinate agency shall become an attorney employed by the subordinate agency.


(Mar. 3, 1979, D.C. Law 2-139, § 862; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 26, 2001, D.C. Law 14-42, § 2(b), 48 DCR 7612; Oct. 20, 2005, D.C. Law 16-33, § 3012(i), 52 DCR 7503; Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(b); Dec. 13, 2013, D.C. Law 20-60, § 101(i), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(a), 1014(a)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-609.62.

Effect of Amendments

D.C. Law 14-42 validated a previously made technical change in par. (4).

D.C. Law 16-33 added par. (5).

Pub. L. 109-356 repealed par. (2) which had read as follows: “(2) The provisions of this subchapter shall apply to attorneys employed by the Office of the Chief Financial Officer when the District of Columbia is no longer in a control period, as defined in § 47-393(4).”

The 2013 amendment by D.C. Law 20-60 rewrote (5).

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in (5).

The 2015 amendment by D.C. Law 20-155, § 1014 substituted “October 1, 2014” for “October 1, 2018” in (5).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) amendment of section, see § 3012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §§ 1012(a), and 1014(a)(1) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.63. Compensation for subordinate agency attorneys and support staff during transition.

Until the Legal Service budget for attorneys and support staff who perform work, primarily as or for the General Counsel of a subordinate agency is transferred to the budget of the subordinate agency involved, the Office of the Attorney General shall continue to be responsible for the compensation of these attorneys and support staff and for related non-personal services expenses. After the budget is transferred, the subordinate agency shall reimburse the Office of the Attorney General for any costs or expenses incurred between October 1, 2014, and the completion of the transfer from the Office of the Attorney General to the subordinate agency.


(Mar. 3, 1979, D.C. Law 2-139, § 863; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(j), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(b), 1014(a)(2), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “Until the Legal Service budgets of the subordinate agencies are transferred to the budget of the Attorney General, the subordinate agencies that employed the attorneys who are transferred to the employment of the Office of the Attorney General pursuant to this chapter shall continue to be responsible for their compensation.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in the last sentence.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “October 1, 2014” for “October 1, 2018” in the last sentence.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.64. Transfers.

By October 5, 2014, the District of Columbia Department of Human Resources, in collaboration with the Office of the Attorney General, shall transfer to the subordinate agencies, all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who perform work primarily as or for the General Counsels of the subordinate agencies as of October 1, 2014.


(Mar. 3, 1979, D.C. Law 2-139, § 864; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(k), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(c), 1014(a)(3), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “By October 1, 2005, all subordinate agencies, other than the Office of the Attorney General, shall transfer to that Office all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who were employed by these agencies as of October 20, 2005.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” twice.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “2014” for “2018” twice.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.65. Budgeting.

(a) Repealed.

(b) Repealed.

(c) The Chief Financial Officer shall determine the exact budget amounts that are under the subordinate agencies’ management authority in accordance with this section.


(Mar. 3, 1979, D.C. Law 2-139, § 865; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(l), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 repealed (a) and (b); and substituted “subordinate agencies’ ” for “Attorney General’s” in (c).

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014.

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


§ 1–608.66. Privilege.

Nothing in this chapter shall limit, waive, or abrogate the scope or nature of the attorney-client privilege, whether statutory or common law, with respect to communications between attorneys employed by the Office of the Attorney General and subordinate agency personnel, or legal advice given by Office of the Attorney General attorneys to subordinate agency personnel before the date of the appointment of these attorneys to positions in the subordinate agencies. This privilege shall continue to apply fully to all communications made and legal advice provided between subordinate agency personnel and attorneys employed by the subordinate agencies after attorneys are transferred to the subordinate agency.


(Mar. 3, 1979, D.C. Law 2-139, § 866; as added Dec. 13, 2013, D.C. Law 20-60, § 101(m), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).


Part B. Certificate of Good Standing Filing Requirement.

§ 1–608.81. Certificate of Good Standing filing requirement for Executive Branch attorneys.

(a)(1) Except as provided by the rules for temporary waiver of this requirement, each attorney, hearing officer, or administrative law judge who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Mayor, a subordinate agency under the Mayor, the Office of the Attorney General, the Office of the Chief Financial Officer, or by any independent agency, shall file with the Department of Human Resources a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals by December 15 of each year.

(2) The Director of Human Resources may verify the good standing of attorneys, hearing officers, and administrative law judges subject to this requirement by electronic means with the District of Columbia Bar.

(b) The Director of Human Resources shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys, hearing officers, and administrative law judges who have not met the filing requirements of subsection (a) of this section.

(c) The Director of Human Resources shall promulgate rules and regulations concerning:

(1) The timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the agency; and

(3) The procedures by which attorneys, hearing officers, or administrative law judges shall be notified of the filing requirement established by subsection (a) of this section and whether they are in compliance with the requirement.

(d) The rules and regulations promulgated pursuant to subsection (c) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules and regulations within the 45-day review period, the rules and regulations shall be deemed approved.

(e) The failure of an attorney, hearing officer, or administrative law judge subject to subsection (a) of this section to comply with its requirements shall result in the forfeiture of employment.

(f) This section shall not apply to an attorney employed by the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 881; as added July 25, 2002, D.C. Law 14-182, § 2(c), 49 DCR 5129; Mar. 13, 2004, D.C. Law 15-105, § 32, 51 DCR 881; Mar. 13, 2015, D.C. Law 20-241, § 2, 62 DCR 1335; Apr. 1, 2017, D.C. Law 21-232, § 2(i), 64 DCR 876.)

Effect of Amendments

D.C. Law 15-105, in subsecs. (d) and (e), validated previously made technical corrections.

The 2015 amendment by D.C. Law 20-241, in (a), substituted “each attorney, hearing officer, or administrative law judge” for “each attorney employed at the level of DS-13 or above,” inserted “employed” preceding “by the Mayor,” and substituted “by December 15 of each year” for “on an annual basis.”

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see 1-1105.01.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) amendment of this section, see § 2 of Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-371, Apr. 26, 2016, 63 DCR 6849).

For temporary (90 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2014 (D.C. Act 20-480, Nov. 10, 2014, 61 DCR 12131, 20 STAT 4404).

For temporary (90 days) amendment of this section, see § 2 of the Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2016 (D.C. Act 21-289, Jan. 27, 2016, 63 DCR 1202).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2014 (D.C. Law 20-175, March 7, 2015, 61 DCR 12713).

For temporary (225 days) amendment of section, see § 2 of the Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2016 D.C. Law 21-99, April 6, 2016, 63 DCR 2215, 20 DCSTAT 3138).


§ 1–608.82. Certificate of Good Standing filing requirement for Council attorneys.

(a) Except for temporary waiver of this requirement pursuant to procedures established by the Council, each attorney who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Council, shall file annually with the Secretary to the Council a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals.

(b) The Secretary to the Council shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys who have not met the filing requirements of subsection (a) of this section.

(c) The Council may develop policies and procedures to implement this section including:

(1) Procedures addressing the timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the attorney who is employed by the Council; and

(3) The procedures by which an attorney who is employed by the Council shall be notified of the filing requirement established by subsection (a) of this section and whether he or she is in compliance with the requirement.


(Apr. 1, 2017, D.C. Law 21-232, § 2(j), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).


Subchapter IX. Excepted Service.

§ 1–609.01. Creation of the Excepted Service; qualifications; appointment; exclusivity of service.

The qualifications for each Excepted Service position shall be developed and issued by the appropriate personnel authority in consultation with the Mayor. Each employee appointed in the Excepted Service (except those included in § 1-609.08) must be well qualified for the position to which he or she is appointed. Each personnel authority may fill positions in the Excepted Service as provided in this subchapter. Excepted Service employees may be hired noncompetitively. Persons appointed to the Excepted Service are not in the Career, Educational, Executive, Management Supervisory or Legal Service.


(Mar. 3, 1979, D.C. Law 2-139, § 901, 25 DCR 5740; Apr. 20, 1999, D.C. Law 12-260, § 2(d), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(j), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(b), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-610.1.

1973 Ed., § 1-339.1.

Section References

This section is referenced in § 1-602.03, § 1-609.02, § 1-609.03, § 1-609.52, § 1-1161.01, § 6-623.02, and § 24-101a.

Effect of Amendments

D.C. Law 13-91, in the fifth sentence, inserted “Executive,”.

D.C. Law 19-115 substituted “must be well qualified” for “must meet the minimum standards prescribed”.

Cross References

Office of zoning, director serving as excepted service employee, see § 6-623.02.

Taxicab commission, membership, see § 50-305.

Emergency Legislation

For temporary amendment of section, see § 2(d) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).


§ 1–609.02. Nature of positions in the Excepted Service and conversion rights.

(a) Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 shall be an individual:

(1) Whose primary duties are of a policy determining, confidential, or policy advocacy nature; and

(2) Who either reports directly to the head of an agency or is placed in the Executive Office of the Mayor or the Office of the City Administrator.

(b) No person holding an Excepted Service appointment pursuant to § 1-609.03 or § 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the period that begins 6 months before the Mayoral primary election and ends 3 months after the Mayoral general election; provided, that an Excepted Service appointee may compete for a position in the Career, Management Supervisory, or Educational Service during this time period; provided further, that, upon termination, a person with Career or Educational Service status may return, at the discretion of the terminating personnel authority, within 3 months of termination to a vacant position in such service for which he or she is qualified.

(c) All persons appointed to the Excepted Service shall be subject to a credit check and a criminal background check, pursuant to the procedures established in Chapter 15 of Title 4 [§ 4-1501.01 et seq.]. The suitability determination shall be made by the appointing personnel authority.

(d) The provisions of this section shall not apply to employees of the Council of the District of Columbia.


(Mar. 3, 1979, D.C. Law 2-139, § 902, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(i), 27 DCR 2632; June 10, 1998, D.C. Law 12-124, § 101(g), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(c), 59 DCR 461; Sept. 20, 2012, D.C. Law 19-168, § 1092(a), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-610.2.

1973 Ed., § 1-339.2.

Section References

This section is referenced in § 1-609.04.

Effect of Amendments

D.C. Law 19-115 rewrote the section, which formerly read:

“Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 is intended to be an individual whose primary duties are of a policy determining, confidential, or policy advocacy character and who reports directly to the head of an agency. No person holding an Excepted Service appointment pursuant to §§ 1-609.03 or 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the 6 month period immediately preceding a Mayoral election. However, upon termination, a person with Career or Educational Service status may retreat, at the discretion of the terminating personnel authority, within 3 months to a vacant position in such service for which he or she is qualified. The provisions of this section shall not apply to employees of the Council of the District of Columbia.”

The 2012 amendment by D.C. Law 19-168 added (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 1–609.03. Number of Excepted Service employees; redelegation of authority to appoint; publication requirement.

(a) Under qualifications issued pursuant to § 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:

(1) The Mayor may appoint no more than 220 persons;

(2) The Members of the Council of the District of Columbia may appoint persons to their staffs, except those permanent technical and clerical employees appointed by the Secretary or General Counsel and those in the Legal Service;

(2A) The Attorney General may appoint no more than 30 persons;

(3) The Inspector General may appoint no more than 15 persons;

(4) The District of Columbia Auditor may appoint no more than 4 persons;

(5) The Chief of Police may appoint no more than 6 persons;

(6) The Chief of the Fire and Emergency Medical Services Department may appoint no more than 6 persons;

(7) The Board of Trustees of the University of the District of Columbia may appoint officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service; provided, that the total number of persons appointed by the University to the Excepted Service shall not exceed 20;

(8) The Criminal Justice Coordinating Council may appoint no more than 9 persons;

(9) The District of Columbia Sentencing and Criminal Code Revision Commission may appoint no more than 11 persons;

(10) The State Board of Education may appoint staff to serve an administrative role for the elected members of the Board; provided, that funding is available and that at least 3 full-time equivalent employees are appointed to the Office of Ombudsman for Public Education.

(11) Each other personnel authority not expressly designated in paragraphs (1) through (10) of this subsection may appoint 2 persons.

(b) The authority to appoint persons to the Excepted Service, which is vested in subsection (a) of this section, may be redelegated, in whole or in part.

(c) Within 45 days of actual appointment and within 45 days of any change in such appointment, the names, position titles, and agency placements of all persons appointed to Excepted Service positions under the authority of this section shall be:

(1) Published in the District of Columbia Register; and

(2) Posted online on a website accessible to the public.

(d) At the discretion of the personnel authority, an individual appointed to the Excepted Service at grade level DS-11 or above pursuant to this section:

(1) May be paid in accordance with the pay schedule for the Management Supervisory Service as provided in § 1-609.56; and

(2) May be placed in any step of the appropriate grade of that schedule.

(e) The personnel authority may authorize performance incentives for exceptional service for individuals appointed pursuant to this section not to exceed 10% of the rate of basic pay in any year. Such exceptional service incentives may be paid only when the Excepted Service employee is bound by a performance contract that clearly identifies measurable goals and outcomes and the employee has exceeded contractual expectations in the year for which the incentive is paid.

(f) An individual appointed to the Excepted Service pursuant to this section or § 1-609.08 may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual’s employment with the District government as follows:

Length of Employment Maximum Severance
Up to 6 months 2 weeks of the employee’s basic pay
6 months to 1 year 4 weeks of the employee’s basic pay
1 to 3 years 8 weeks of the employee’s basic pay
More than 3 years 10 weeks of the employee’s basic pay.

(g)(1) Pursuant to regulations as the Mayor may prescribe, the following expenses may be paid to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position at a DS-11 or above:

(A) Reasonable pre-employment travel expenses;

(B) Reasonable relocation expenses for the Excepted Service selectee or appointee and his or her immediate family if they relocate to the District of Columbia from outside the Greater Washington Metropolitan Area; and

(C) A reasonable temporary housing allowance, for a period not to exceed 60 days, for the Excepted Service selectee or appointee and his or her immediate family.

(2) In no event shall the sum of pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10% of the appointee’s salary, whichever is less.

(h) Within 90 days of September 10, 1999, and notwithstanding any other law or regulation, the Mayor shall submit to the Council for approval under the provisions of § 1-611.06, regulations establishing the Metropolitan Police Department Excepted Service Sworn Employees” Compensation System. Such regulations shall establish policies and procedures governing the compensation, promotion, transfer, and demotion of Metropolitan Police Department excepted service sworn employees appointed pursuant to section § 1-609.03(a)(2).


(Mar. 3, 1979, D.C. Law 2-139, § 903, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(b), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(i), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(b), 34 DCR 670; Aug. 1, 1996, D.C. Law 11-152, § 302(h), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(h), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 302, 45 DCR 7193; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Mar. 7, 2000, D.C. Law 13-52, § 2, 46 DCR 9911; Oct. 19, 2000, D.C. Law 13-172, § 2402(a), 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, §§ 1002, 1507(a)(2), 3803(b), 48 DCR 6981; Sept. 30, 2004, D.C. Law 15-190, § 3(b), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, § 110(c), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(b), 53 DCR 4709; Mar. 20, 2008, D.C. Law 17-122, § 2(b), 55 DCR 1506; Mar. 14, 2012, D.C. Law 19-115, § 2(d), 59 DCR 461; Apr. 27, 2013, D.C. Law 19-284, § 2(b), 60 DCR 2312; Dec. 24, 2013, D.C. Law 20-61, §§ 1072(a), 4062, 60 DCR 12472; May 2, 2015, D.C. Law 20-267, § 2(b), 62 DCR 1543; Oct. 22, 2015, D.C. Law 21-36, §§ 1033(d), 3032, 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-610.3.

1973 Ed., § 1-339.3.

Section References

This section is referenced in § 1-604.06, § 1-608.01a, § 1-609.02, § 1-609.58, § 1-611.11, and § 1-1161.01.

Effect of Amendments

D.C. Law 13-27 added subsec. (h).

D.C. Law 13-52, in subsec. (f), added “provided that, the individual has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay”.

D.C. Law 13-172, in subsec. (a), inserted par. (3A).

D.C. Law 14-28, in subsec. (a)(2), substituted a period for a semicolon at the end of the third sentence and inserted “In addition to the 220 Excepted Service positions, and notwithstanding any other law or regulation, the Chief of the Fire and Emergency Medical Services Department may designate up to 11 positions as Excepted Service policy positions, no more than 4 of which may be filled by sworn members;”; and added subsecs. (a)(6B) and (6C).

D.C. Law 15-190, in par. (6C) of subsec. (a), substituted “District of Columbia Sentencing Commission” for “Advisory Commission on Sentencing”.

D.C. Law 16-91, in subsec. (a)(3), substituted “General Counsel and those in the Legal Service” for “General Counsel”; and repealed subsec. (a)(6), which had read as follows: “(6) The District of Columbia General Hospital Commission may appoint 10 persons;”

D.C. Law 16-126, in subsec. (a)(6C), substituted “Sentencing and Criminal Code Revision Commission” for “Sentencing Commission”.

D.C. Law 17-122 rewrote subsec. (a)(4), which had read as follows: “(4) The District of Columbia Board of Education may appoint 25 persons;”

D.C. Law 19-115 rewrote subsecs. (a), (c), (f), and (g).

The 2013 amendment by D.C. Law 19-284 added (a)(10); redesignated former (a)(10) as (a)(11); and substituted “paragraphs (1) through (10)” for “paragraphs (1) through (9)” in (a)(11).

The 2013 amendment by D.C. Law 20-61, § 1072(a), deleted “no more than 2 of whom may be appointed or detailed to a single agency, other than the Executive Office of the Mayor or the Office of the City Administrator” following “persons” in (a)(1); and substituted “10 persons” for “6 persons” in (a)(9).

The 2013 amendment by D.C. Law 20-61, § 4062, rewrote (a)(10).

The 2015 amendment by D.C. Law 20-267 substituted “220 persons for “160 persons” in (a)(1).

The 2015 amendment by D.C. Law 21-36 added (a)(2A); and substituted “11 persons” for “10 persons” in (a)(9).

Cross References

D.C. Law 19-284 is published at 20 DCSTAT 927.

D.C. Law 20-61 is published at 20 DCSTAT 2229.

Emergency Legislation

For the temporary repeal of the Excepted Services Designation Temporary Amendment Act of 1996 (D.C. Law 11-156, September 20, 1996), see § 3 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199).

For temporary amendment of section, see § 2 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199), and see § 2 of the Designation of Excepted Service Positions Emergency Amendment Act of 1998 (D.C. Act 12-348, May 6, 1998, 45 DCR 2999).

For temporary amendment of section, see § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12-381, June 22, 1998, 45 DCR 4474).

For temporary amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For the temporary repeal of § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (Enrolled Bill 12-653), see § 103 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 103 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of the Fire/EMS Excepted Service Designation Emergency Amendment Act of 2000 (D.C. Act 13-584, January 31, 2001, 48 DCR 1927).

For temporary (90 day) amendment of section, see §§ 902, 1407(a)(2), and 3403(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).

For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).

For temporary (90 day) amendment of section, see § 2(b) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment of section, see § 2 of Severance Pay Limitation Emergency Amendment Act of 2010 (D.C. Act 18-666, December 29, 2010, 58 DCR 93).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2(b) of the State Board of Education Personnel Authority Amendment of this section Emergency Act of 2013 (D.C. Act 20-46, March 27, 2013, 60 DCR 5453, 20 DCSTAT 545).

For temporary (90 days) amendment of this section, see §§ 1072(a) and 4062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 1072(a) and 4062 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see §§  1033(d) and 3032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section and repeal of Law 11-156, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1996 (D.C. Law 11-263, April 25, 1997, law notification 44 DCR 2861).

For temporary (225 day) amendment of section, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1998 (D.C. Law 12-148, September 18, 1997, law notification 45 DCR 6945).

For temporary (225 day) amendment of section, see § 2 of Fire/EMS Excepted Service Designation Temporary Amendment Act of 2001 (D.C. Law 13-290, April 27, 2001, law notification 48 DCR 4071).

Short Title

Section 1071 of D.C. Law 20-61 provided that Subtitle H of Title I of the act may be cited as the “District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2013”.

Section 4061 of D.C. Law 20-61 provided that Subtitle F of Title IV of the act may be cited as the “State Board Personnel Amendment Act of 2013”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(h) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Applicability: Section 4 of D.C. Law 16-126 provided: “This act shall apply as of January 1, 2007.”

Section 4 of D.C. Law 19-115 provided: “Sec. 4. Applicability. Section 2(d) shall apply as of January 1, 2013.”

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–609.04. Special appointments.

Special noncompetitive appointments may be made to positions provided under the authority of this section. Such positions are covered by the provisions of § 1-609.02 relating to the Excepted Service positions. The nature of the appointment must be made known to the employee prior to effecting the appointment.

(1) Individuals appointed to positions created under public employment programs established by law.

(2) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, ex-offender or other disadvantaged groups.

(3) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970 (84 Stat. 1901, Pub. L. 91-648).

(4) Positions established under federal grant funded programs having a limited or indefinite duration, provided state merit requirements are not applicable; provided, however, that this paragraph shall not apply to any employees of the Board of Education or of the Trustees of the University of the District of Columbia.

(5) Positions established to employ professional, scientific, or technical experts or consultants.

(6) Positions established under cooperative educational and study programs.


(Mar. 3, 1979, D.C. Law 2-139, § 904, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(j), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(i), 43 DCR 2978; Apr. 24, 2007, D.C. Law 16-305, § 3(f), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-610.4.

1973 Ed., § 1-339.4.

Section References

This section is referenced in § 1-602.04, § 1-607.02, § 1-609.05, and § 1-636.02.

Effect of Amendments

D.C. Law 16-305, in par. (2), substituted “persons with disabilities” for “developmentally disabled or handicapped persons”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Delegation of Authority

Delegation of authority for Summer Youth Employment Program participants, see Mayor’s Order 83-131, May 24, 1983; Mayor’s Order 84-86, April 6, 1984.


§ 1–609.05. Lack of job protection; procedural protection.

Employees in the Excepted Service (other than those appointed under the authority of § 1-609.04) do not have any job tenure or protection. After 1 year of average or above average performance as determined under subchapter XIII-A of this chapter, persons appointed under the authority of this subchapter shall be entitled to a notice of at least 15 days when termination is contemplated, which may state the reason therefor. The employee does not have any right to appeal the termination. All other provisions of this chapter apply to Excepted Service employees: Except, that persons employed by the Council of the District of Columbia by personnel authorities identified in § 1-604.06(b)(3)(B) may have their employment relationship terminated by the member or chairperson of a committee of the Council of the District of Columbia employing them without further review by way of grievance or adverse action administrative appeals.


(Mar. 3, 1979, D.C. Law 2-139, § 905, 25 DCR 5740; June 11, 1981, D.C. Law 4-7, § 4, 28 DCR 1672; Apr. 12, 2000. D.C. Law 13-91, § 103(k), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(c), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-610.5.

1973 Ed., § 1-339.5.

Section References

This section is referenced in § 1-608.56.

Effect of Amendments

D.C. Law 13-91, in the second sentence, substituted “subchapter XIV-A” for “subchapter XV”.

D.C. Law 14-213 substituted “termination is contemplated, which may state the reason therefor” for “termination of service prior to the expiration date of appointment is contemplated, explaining the reason therefor”.


§ 1–609.06. Domicile.

(a) An appointee to the Excepted Service shall be domiciled in the District of Columbia at the time of his or her appointment or within 180 days of their appointment and shall remain domiciled in the District of Columbia during the period of the appointment, to be considered a bona fide resident. The failure to become a District of Columbia domiciliary or to maintain a District of Columbia domicile shall result in the forfeiture of the position to which the person has been appointed.

(b) Domicile shall be proven by affirmative acts by an employee who is not a District of Columbia domiciliary and does not maintain a principal place of residence in the District of Columbia at the time of his or her appointment with the District government.

(c)(1) Proof of domicile within the District of Columbia shall be established by meeting the requirements of subsection (d) of this section.

(2) An employee shall fulfill the requirements of subsection (d) of this section by filing a sworn affidavit with the Office of Personnel or other appropriate personnel authority, that affirms the employee has undertaken affirmative acts to comply with each requirement and, if a requirement is inapplicable, the reasons why the requirement does not apply.

(d) An Excepted Service appointee shall establish and certify that the District of Columbia is his or her domicile and principal place of residence as follows:

(1) When providing proof of District of Columbia domicile, the employee shall have the burden of proof of establishing that the District of Columbia is his or her principal place of residence.

(2) When the employee is not a domiciliary of the District of Columbia, and does not maintain his or her principal place of residence in the District of Columbia, domicile may be established by the employee providing evidence of the intent to change his or her domicile and acquiring a principal place of residence in the District of Columbia.

(3) Proof of the intent to change his or her domicile to the District of Columbia and acquire a principal place of residence in the District of Columbia shall include the following documents in addition to the requirements in section 305.3 of the District of Columbia Personnel Regulations:

(A) A copy of a change of address form filed with the United States Postal Service containing the address of the employee’s principal place of residence in the District of Columbia;

(B)(i) A copy of an executed contract of sale for the real property that was the employee’s principal place of residence at the time of accepting the appointment, if the employee owns a principal place of residence outside of the District of Columbia; or

(ii) A change in the public records of the state where the employee was domiciled to show that the residence outside of the District of Columbia is no longer the employee’s principal place of residence;

(C) Utility bills, including electric, gas, telephone, cable, water, or other residency related bills associated with occupying real property in the District of Columbia, where the billing and mailing address are the same as the principal place of residence in the District of Columbia of the employee;

(D) A bank account in the District of Columbia in the name of the employee;

(E) District of Columbia and federal income tax returns that use the District of Columbia address which is the employee’s principal place of residence;

(F) Professional dues statements mailed to the employee’s principal place of residence in the District of Columbia;

(G) A sworn affidavit from the employee that the administration of the employee’s estate is subject to District of Columbia probate and estate taxes;

(H) Credit card or brokerage account statements mailed to the employee’s principal place of residence in the District of Columbia;

(I) Automobile, health, and life insurance contracts for the employee based upon the employees principal place of residence in the District of Columbia;

(J) Mortgage statements for the employee’s principal place of residence in the District of Columbia, or an executed lease for the employee’s principal place of residence in the District of Columbia; and

(K) A sworn affidavit from the employee that the employee’s income, from any source, is subject to District of Columbia withholding tax and taxation.

(e) A person hired in the Excepted Service prior to March 16, 1989, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by this domicile requirement after March 16, 1989.

(f) Repealed.

(g)(1) Pursuant to rules and regulations which the personnel authority shall prescribe, the personnel authority may grant waivers of the domicile requirements in subsections (a) through (e) of this section for appointees to positions in the Excepted Service presenting exceptional circumstances or for appointees to hard to fill positions.

(2) The Mayor shall transmit the rules and regulations specifying how waivers shall be implemented for employees presenting exceptional circumstances or for employees appointed to hard to fill positions to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not act within the specified 45-day period, the rules and regulations shall be deemed approved.

(h) A person hired in the Excepted or Executive Service prior to October 1, 2002, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by the terms of the residency requirement in effect at the time of hiring, and any waivers of the residency requirement previously granted to the person shall continue in effect. The requirements of D.C. Law 14-185 shall only apply to persons hired after October 1, 2002.

(i)(1) The Office of the Inspector General shall meet the definitions of “hard to fill” position or “exceptional circumstances” to receive a waiver of the District of Columbia’s residency and domicile laws for new hires.

(2) For the purposes of this subsection, the term:

(A) “Hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

(B) “Exceptional circumstances” means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by the Inspector General when hiring an individual to fill a position in the Excepted or Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to this section and § 1-610.59.

(3) The Office of Personnel shall have the authority to grant the Office of the Inspector General waivers of the domicile requirement for new positions or hires in the Office of the Inspector General when those positions or hires present exceptional circumstances or for appointees or hires in hard to fill positions.


(Mar. 3, 1979, D.C. Law 2-139, § 906, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(c), 36 DCR 450; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 27, 1997, 111 Stat. 14, Pub. L. 105-7, § 2; June 10, 1998, D.C. Law 12-124, § 101(i), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(d), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 12, 2000. D.C. Law 13-91, § 158(a), 47 DCR 520; Oct. 1, 2002, D.C. Law 14-185, § 2(b), 49 DCR 6073; Oct. 1, 2002, D.C. Law 14-190, § 4002, 49 DCR 6968; Oct. 19, 2002, D.C. Law 14-213, § 43, 49 DCR 8140; Mar. 25, 2009, D.C. Law 17-353, § 314, 56 DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(e), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-610.6.

1973 Ed., § 1-339.6.

Section References

This section is referenced in § 1-603.01, § 1-610.59, § 2-1831.08, and § 2-1831.12.

Effect of Amendments

Pub. L. 105-277, Div. A, § 101(c) § 153, Oct. 21, 1998, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had repealed subsec. (c) of this section.

D.C. Law 13-91, in subsec. (a), in the first sentence, substituted “subsection (c), subsection (d), or subsection (e) of this section” for “subsection (c) or subsection (d)”.

D.C. Law 14-185 rewrote the section.

D.C. Law 14-190 added subsec. (i).

D.C. Law 14-213, in subsec. (c)(2), substituted “Office of Personnel or other appropriate personnel authority” for “Office of Personnel, or its designee”; in subsec. (g)(2), substituted “The Mayor shall transmit” for “The Office of Personnel shall transmit”.

D.C. Law 17-353, in subsec. (f), inserted “prior to March 25, 2009” in the first sentence.

D.C. Law 19-115 repealed subsec. (f), which formerly read:

“(f) Subsections (a) through (e) of this section shall not apply to any person applying for, or accepting, a position in the Excepted Service as an attorney prior to March 25, 2009. The person shall be covered by the provisions of § 1-608.01(e).”

Emergency Legislation

For temporary (90 day) amendment of section, see § 3902 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

District of Columbia Inspector General Improvement Act of 1997: Section 1 of Pub. L. 105-7, 111 Stat. 14, provided that the act may be cited as the “District of Columbia Inspector General Improvement Act of 1997.”

Short title of title XL of Law 14-190: Section 4001 of D.C. Law 14-190 provided that title XL of the act may be cited as the Office of Inspector General Domiciliary Amendment Act of 2002.

References in Text

Section 2(b) of D.C. Law 14-185, referred to in subsec. (h), is the Excepted and Executive Service Domicile Requirement Amendment Act of 2002, effective October 1, 2002 ( 49 DCR 6073).

Effective Dates

Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March 16, 1989).

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277 repealed D.C. Law 12-138.


§ 1–609.07. Transitional provisions.

Persons holding nontemporary appointments in the District of Columbia government, paid from appropriations made to the Office of the Mayor, may, on January 2, 1979, be reassigned to other offices or agencies of the District government. Persons holding appointments in the District of Columbia government, paid from appropriations made to the Council of the District of Columbia and classified as a GS-10 or less under § 5332 of Title 5 of the United States Code and whose position would not be in the Excepted Service under the provisions of this subchapter on January 1, 1980, shall be appointed to the Career Service created in subchapter VIII of this chapter, if such incumbent is found to possess the minimal qualifications for the position to which he or she is appointed.


(Mar. 3, 1979, D.C. Law 2-139, § 907, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-610.7.

1973 Ed., § 1-339.7.

Section References

This section is referenced in § 1-636.02.


§ 1–609.08. Statutory officeholders.

The following employees of the District shall be deemed to be in the Excepted Service. Their terms of office shall be at the pleasure of the appointing authority, or as provided by statute for a term of years, subject to removal for cause as may be provided in their appointing statute:

(1) City Administrator;

(2) Repealed;

(3) The Director of Campaign Finance, District of Columbia Board of Elections;

(4) Repealed;

(5) Auditor of the District of Columbia;

(6) The Chairman and members of the Public Service Commission;

(7) The Chairman and members of the Board of Parole;

(8) Executive Director of the Public Employee Relations Board;

(9) Secretary to the Council;

(10) Repealed;

(11) Repealed;

(12) Executive Director of the Office of Employee Appeals;

(13) Repealed.

(14) Budget Director to the Council;

(15) The Chief Administrative Law Judge and the Administrative Law Judges of the Office of Administrative Hearings;

(16) The Chief Tenant Advocate of the Office of the Tenant Advocate; and

(17) The Real Property Tax Ombudsman of the Office of the Real Property Tax Ombudsman.


(Mar. 3, 1979, D.C. Law 2-139, § 908, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(c), 30 DCR 3341; Feb. 28, 1987, D.C. Law 6-205, § 2(c), 34 DCR 670; May 15, 1990, D.C. Law 8-127, § 2(f), 37 DCR 2093; June 10, 1998, D.C. Law 12-124,§ 101(j), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(e), 46 DCR 1318; Apr. 12, 2000, D.C. Law 13-91, § 103(l), 47 DCR 520; Mar. 6, 2002, D.C. Law 14-76, § 23(a), 48 DCR 11442; Oct. 20, 2005, D.C. Law 16-33, § 2069, 52 DCR 7503; Dec. 4, 2014, D.C. Law 20-141, § 201, 61 DCR 7763; Feb. 26, 2015, D.C. Law 20-155, §§ 7103(a), 7104, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 7074(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 1023, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1082(d), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-610.8.

1973 Ed., § 1-339.8.

Section References

This section is referenced in § 1-609.01, § 1-609.02, § 1-609.03, § 1-1161.01, § 2-1831.04, § 2-1831.08, § 2-1831.12, § 3-1303, and § 42-3531.06.

Effect of Amendments

D.C. Law 13-91 repealed pars. (4) and (10), which read:

“(4) People’s Counsel of the District of Columbia;”

“(10) General Counsel to the Council;”; and in par. (13), added “and”.

D.C. Law 14-76 added par. (15).

D.C. Law 16-33, in subsec. (a), substituted a semicolon for “; and” at the end of the paragraph; in subsec. (b), substituted “; and” for period at the end of the paragraph; and added subsec. (c).

The 2014 amendment by D.C. Law 20-141, repealed before its effective date, would have added (18) and made related changes.

The 2015 amendment by D.C. Law 20-155 repealed D.C. Law 20-141; and added (17) and made related changes.

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see § 1-1105.01.

Lottery and charitable games control board, Executive Director and Deputy Director, see § 3-1303.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 2(e) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2069 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see § 7113(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 7103(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 7103(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

D.C. Law 20-141 became effective on Dec. 4, 2014, but was repealed prior to its effective date by emergency D.C. Act 20-377, § 7114, eff. July 14, 2014, 61 DCR 7598, by emergency D.C. Act 20-449, § 7104, eff. October 10, 2014, 61 DCR 10915, by emergency D.C. Act 20-566, § 7104, eff. January 9, 2015, 62 DCR 884, and by D.C. Law 20-155, § 7104, 61 DCR 9990.


§ 1–609.09. Appointment of attorneys. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 909; as added Aug. 7, 1980, D.C. Law 3-81, § 2(j), 27 DCR 2632; Apr. 20, 1999, D.C. Law 12-260, § 2 (f), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-610.9.

Emergency Legislation

For temporary repeal of section, see § 2(f) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).


Subchapter IX-A. Management Supervisory Service.

§ 1–609.51. Establishment.

There is established within the District government the Management Supervisory Service to ensure that each agency has the highest quality managers and supervisors who are responsive to the needs of the government. Persons appointed to the Management Supervisory Service are not in the Career, Educational, Excepted, Executive, or Legal Service.


(Mar. 3, 1979, D.C. Law 2-139, § 951; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(g), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-610.51.

Emergency Legislation

For temporary amendment of section, see § 2(g) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).


§ 1–609.52. Composition.

(a) Each individual (except for employees appointed pursuant to §§ 1-609.01 to 1-609.08 or subchapters VIII-A, VIII-B, or X-A of this chapter, employees of the Board of Education, employees of the Board of Trustees of the University of the District of Columbia, and uniformed members of the Metropolitan Police Department or the D.C. Fire and Emergency Medical Services Department) who meets the definition of “management employee” pursuant to § 1-614.11(5) shall be in the Management Supervisory Service.

(b) Consistent with the provisions of subchapter XVII of this chapter, any individual occupying a position included in a recognized collective bargaining unit shall not be included in the Management Supervisory Service.


(Mar. 3, 1979, D.C. Law 2-139, § 952; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(h), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 108(a), 47 DCR 520; June 24, 2000, D.C. Law 13-132, § 2(a), 47 DCR 2694.)

Prior Codifications

1981 Ed., § 1-610.52.

Effect of Amendments

D.C. Law 13-91 substituted “XI-A of this chapter” for “XI of this chapter”.

D.C. Law 13-132 designated the existing text as subsec. (a), and added subsec. (b).

Emergency Legislation

For temporary amendment of section, see § 2(h) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.53. Competitive appointments.

Appointments by the personnel authority shall be made on the basis of merit from among the highest qualified applicants, based on specific job requirements. Examining procedures shall be designed to achieve the maximum objectivity, reliability, and validity.


(Mar. 3, 1979, D.C. Law 2-139, § 953; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-610.53.

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.54. Employment-at-will.

(a) An appointment to a position in the Management Supervisory Service shall be an at-will appointment. Management Supervisory Service employees shall be given a 15-day notice prior to termination. Upon termination, a person with Career or Educational Service status, or with Excepted Service status due to appointment as an attorney pursuant to § 1-609.09, may retreat, at the discretion of the personnel authority, within 3 months of the effective date of the termination, to a vacant position within the agency to which he or she was promoted for which he or she is qualified.

(b) An individual appointed to the Management Supervisory Service pursuant to this section may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual’s employment with the District government as follows:

Length of Employment Maximum Severance
Up to 6 months 2 weeks of the employee’s basic pay
6 months to 1 year 4 weeks of the employee’s basic pay
1 to 3 years 8 weeks of the employee’s basic pay
More than 3 years 10 weeks of the employee’s basic pay.


(Mar. 3, 1979, D.C. Law 2-139, § 954; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(f), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-610.54.

Effect of Amendments

D.C. Law 19-115 repealed subsec. (b), which formerly read:

“(b) Employees appointed to the Management Supervisory Service shall be given severance pay in accordance with subchapter XI of this chapter upon separation for non-disciplinary reasons.”

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.55. Management Supervisory Service skills maintenance and enhancement.

Management Supervisory Service employees shall be required to maintain and enhance their management and supervisory skills.


(Mar. 3, 1979, D.C. Law 2-139, § 955; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-610.55.

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.56. Pay for Management Supervisory Service.

A pay schedule shall be developed by the Mayor following a classification and compensation study for the Management Supervisory Service.


(Mar. 3, 1979, D.C. Law 2-139, § 956; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-610.56.

Section References

This section is referenced in § 1-609.03.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.57. Residency preference.

The provisions of § 1-608.01(e)(1), (2), (3), (5), (6), and (7) shall apply to employment in the Management Supervisory Service.


(Mar. 3, 1979, D.C. Law 2-139, § 957; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-610.57.

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


§ 1–609.58. Transition provisions.

(a) Persons currently holding appointments to positions in the Career Service who meet the definition of “management employee” as defined in § 1-614.11(5) shall be appointed to the Management Supervisory Service unless the employee declines the appointment. Persons declining appointment shall have priority for appointment to the Career Service if a vacant position for which they qualify is available within the agency and is acceptable to the employee. If no such vacant position is available, a 30-day separation notice shall be issued to the employee, who shall be entitled to severance pay in the manner provided by § 1-624.09.

(b) A person currently holding an appointment to a position in the Excepted Service pursuant to § 1-609.03(a) who meets the definition of “management employee” as defined in § 1-614.11(5) may, at the discretion of the personnel authority, be appointed noncompetitively to the Management Supervisory Service unless the employee declines the appointment. A person declining appointment shall be entitled to a written 15-day separation notice and shall be paid separation pay in accordance with section § 1-609.03(f).


(Mar. 3, 1979, D.C. Law 2-139, § 958; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; June 24, 2000, D.C. Law 13-132, § 2(b), 47 DCR 2694.)

Prior Codifications

1981 Ed., § 1-610.58.

Effect of Amendments

D.C. Law 13-132 designated the existing text as subsec. (a); in subsec. (a) as so designated, in the last sentence, added “, who shall be entitled to severance pay in the manner provided by section 2407”; and added subsec. (b).

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.


Subchapter X. Executive Service.

§ 1–610.01. Creation of Executive Service. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1001, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(d), 36 DCR 450; Apr. 12, 1997, D.C. Law 11-259, § 304(b), 44 DCR 1423; June 10, 1998, D.C. Law 12-124, § 101(l), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 158(b), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-611.1.

1973 Ed., § 1-340.1.

Cross References

Procurement, criteria for Council review of multiyear contracts and contracts in excess of $1 million, see § 2-301.05a.

Editor's Notes

Applicability of § 101(l) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–610.02. Incumbents. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1002, 25 DCR 5740; Apr. 12, 1997, D.C. Law 11-259, § 304, 44 DCR 1423; Apr. 12, 2000. D.C. Law 13-91, § 158(b), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-611.2.

1973 Ed., § 1-340.2.


Subchapter X-A. Executive Service.

§ 1–610.51. Policy; scope.

(a) An Executive Service is established to ensure that the executive management of the District of Columbia government is responsive to the needs of the citizens and the goals of the government. Persons serving in the Executive Service shall assist the Mayor in advancing program responsibilities of the District government.

(b) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service pursuant to § 1-523.01. Individuals appointed to the Executive Service, other than the Chief Procurement Officer, shall serve at the pleasure of the Mayor.

(c) The compensation and benefits system for the Executive Service is designed to attract and retain the highest caliber public administrators, who shall be accountable for the effective and efficient management of subordinate agencies.

(d) Except as otherwise provided by law, the provisions of this subchapter shall apply to persons appointed by the Mayor to serve as Chief of Police and Fire Chief.


(Mar. 3, 1979, D.C. Law 2-139, § 1051; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 13, 2008, D.C. Law 17-154, § 2, 55 DCR 3678.)

Prior Codifications

1981 Ed., § 1-611.51.

Section References

This section is referenced in § 1-523.01, § 2-1383, § 2-1431.03, § 5-105.01, § 5-402, § 5-1402, § 5-1501.03, § 7-761.06, and § 34-801.

Effect of Amendments

D.C. Law 17-154, in the section name line, inserted “; policy”; and added subsec. (d).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Temporary Amendment Act of 2016 (D.C. Law 21-122, June 17, 2016, 63 DCR 6864).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.4(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.1 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).


§ 1–610.52. Executive Service pay schedule.

(a) The Executive Schedule (“DX Schedule”), shall be divided into 5 pay levels and shall be the basic pay schedule for subordinate agency head positions.

(b)(1) The Mayor shall designate the appropriate pay level within the range of the DX Schedule for each subordinate agency head position.

(2) Notwithstanding paragraph (1) of this subsection, the Council approves the following compensation levels and terms of employment:

(A)(i) Antwan Wilson shall be compensated $280,000 annually, effective February 1, 2017, while serving in the capacity of the Chancellor of the District of Columbia Public Schools.

(ii) Notwithstanding any other provision of law, the Chancellor may be paid a performance bonus of up to 10% of his annual base salary for goal achievements in the 2017-2018 school year.

(iii) In addition to such other benefits as the Chancellor may be entitled to receive under existing law or regulation, and notwithstanding § 1-610.58, the Mayor may make a separation payment to the Chancellor of up to 26 weeks of the Chancellor's base salary if the Chancellor's contract is terminated, unless the termination is for cause.

(iv) The restrictions and reporting requirements specified in § 50-204(b), shall not apply to the Chancellor.

(B) $197,245 for Tanya A. Royster, MD, as Director of the Department of Behavioral Health, effective August 3, 2015;

(C) $200,335 for LaQuandra S. Nesbitt, MD, MPH, as Director of the Department of Health, effective January 26, 2015; and

(D) Repealed.

(2A) Repealed.

(2B) For the purposes of paragraph (2)(A) of this subsection, the term "cause" means:

(A) Being indicted for or convicted of any criminal offense;

(B) Committing on-duty conduct that is reasonably known to be a violation of law or regulation;

(C) Using public office for private gain; or

(D) Committing an act that would warrant removal pursuant to Chapter 16 of Title 6B of the District of Columbia Municipal Regulations (6B DCMR § 1600 et seq.).

(3)(A) Repealed.

(B) Repealed.

(4) The existing levels of compensation for officeholders provided in this subsection shall not be the basis of determining the salary of future officeholders in the same position, who shall be subject to compensation within the limits of the DX schedule, except as provided in this chapter.

(b-1) Repealed.

(c) Each level shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.

(d) Any subsequent changes to the salary ranges established pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.

(e) Initial salary ranges and any subsequent changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register for notice purposes within 45 days of their approval.


(Mar. 3, 1979, D.C. Law 2-139, § 1052; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Feb. 24, 2012, D.C. Law 19-83, § 2(a), 58 DCR 11024; June 19, 2013, D.C. Law 19-320, § 501, 60 DCR 3390; Dec. 24, 2013, D.C. Law 20-61, § 1072(b), 60 DCR 12472; Oct. 22, 2015, D.C. Law 21-36, § 4042, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3022(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 1002, 64 DCR 7652.)

Prior Codifications

1981 Ed., § 1-611.52.

Section References

This section is referenced in § 1-301.85, § 5-105.01, § 5-402, § 5-541.01, and § 5-544.01.

Effect of Amendments

D.C. Law 19-83 rewrote subsec. (b), which had read as follows: “(b) The Mayor shall designate the appropriate level for each subordinate agency head position.”

The 2013 amendment by D.C. Law 19-320 substituted “paragraphs (2) and (2A)” for “paragraph (2)” throughout (b); added (b)(2A); and added “or in the position of Director of the Department of Forensic Sciences, who takes office after June 19, 2013” in (b)(4).

The 2013 amendment by D.C. Law 20-61 added (b-1).

The 2015 amendment by D.C. Law 21-36 substituted “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 284,000)” for “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 275,000)” in (b)(2).

Cross References

D.C. Law 19-320 is published at 20 DCSTAT 1210.

D.C. Law 20-61 is published at 20 DCSTAT 2229.

Emergency Legislation

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Emergency Amendment Act of 2016 (D.C. Act 21-637, Jan. 24, 2017, 64 DCR 923).

For temporary (90 days) amendment of this section, see § 2 of Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-368, Apr. 27, 2016, 63 DCR 6844).

For temporary (90 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-365, Apr. 26, 2016, 63 DCR 6838).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Emergency Amendment Act of 2007 (D.C. Act 17-83, July 25, 2007, 54 DCR 8003).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-155, October 18, 2007, 54 DCR 10915).

For temporary (90 day) amendment of section, see § 2 of Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Emergency Amendment Act of 2008 (D.C. Act 17-424, July 16, 2008, 55 DCR 8242).

For temporary (90 day) addition of sections, see §§ 2, 3 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary (90 day) amendment of section, see § 4 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary amendment of (b), see § 501 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 501 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Emergency Amendment Act of 2015 (D.C. Act 21-27, Mar. 30, 2015, 62 DCR 4527, 21 DCSTAT 862).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-81, June 17, 2015, 62 DCR 8827, 21 DCSTAT 1474).

For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Emergency Amendment Act of 2016 (D.C. Act 21-313, Feb. 18, 2016, 63 DCR 2197).

For temporary (90 days) amendment of this section, see § 2 of the Director of the Homeland Security and Emergency Management Agency Salary Approval Emergency Amendment Act of 2016 (D.C. Act 21-353, Mar. 23, 2016, 63 DCR 4641).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017 (D.C. Law 21-246, Apr. 7, 2017, 64 DCR 1620).

For temporary (225 Days) amendment of section, see § 2 of the Executive Service Compensation System Change and Pay Schedule Temporary Amendment Act of 2007 D.C. Law 17-56, November 24, 2007, 54 DCR 10034.

For temporary (225 days) amendment of section, see § 2 of the Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Temporary Amendment Act of 2008 D.C. Law 17-238, October 21, 2008, 55 DCR 9026.

For temporary (225 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Temporary Amendment Act of 2015 ( D.C. Law 21-4, June 4, 2015, 62 DCR 4558).

For temporary (225 days) amendment of section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Temporary Amendment Act of 2016 D.C. Law 21-102, April 20, 2016, 63 DCR 3652, 20 DCSTAT 3145).

Short Title

Section 1071 of D.C. Law 20-61 provided that Subtitle H of Title I of the act may be cited as the “District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2013”.

Editor's Notes

Section 1004 of D.C. Law 22-33, provided that with respect to the employees identified in § 1-610.52(b)(2)(B), the amendments made by section 1002(c)(1) of D.C. Law 22-33shall apply as of July 20, 2016.

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Resolutions

Resolution 16-220, the “Executive Service Schedule Approval Resolution of 2005”, was approved effective July 6, 2005.


§ 1–610.52a. Public Safety Executive Service pay schedule.

(a) The Executive Service Public Safety Schedule (“DX Public Safety Schedule”) shall be divided into 4 pay levels and shall be the basic pay schedule for subordinate agency heads within the public safety cluster .

(b)(1) The Mayor shall designate the appropriate pay level for each subordinate agency head within the public safety cluster based on market analyses considering the qualifications and work experience of each individual appointee, and other relevant criteria; provided, that each subordinate agency head within the public safety cluster shall be subject to compensation within the limits of the DX Public Safety Schedule unless otherwise authorized by an act of the Council.

(2) Notwithstanding paragraph (1) of this subsection, the Council approves a compensation level of $253,817 for Cathy Lanier, as Chief of the Metropolitan Police Department.

(3) The existing level of compensation for the position in paragraph (2) of this subsection shall not be used as the basis for determining the salary of an officeholder in the position of Chief of the Metropolitan Police Department, who takes office after February 24, 2012. The Chief of the Metropolitan Police Department shall be subject to compensation within the limits of the DX Public Safety Schedule, except as provided by this chapter.

(4)(A) Notwithstanding paragraph (1) of this subsection, the Council approves a compensation level of:

(i) $215,035 for Chris T. Geldart, as Director of the Homeland Security and Emergency Management Agency, retroactive to May 4, 2015; and

(ii) $203,425 for Gregory M. Dean, as Chief of the Fire and Emergency Medical Services Department, retroactive to May 4, 2015.

(B) The level of compensation for the positions as approved in subparagraph (A) of this paragraph shall not be used as the basis for determining the salary of an officeholder in the position of Director of the Homeland Security and Emergency Management Agency or the position of Chief of the Fire and Emergency Medical Services Department.

(c) A person paid from the DX Public Safety Schedule shall not be entitled to premium pay.

(d) Each level within the schedule shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.

(e) Any changes to the salary ranges established pursuant to subsection (d) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.

(f) Initial salary ranges and any changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register no later than 45 days after their approval.

(g) For the purposes of this section, the term “public safety cluster” means the following District agencies or any successor agencies:

(1) Department of Forensic Sciences;

(2) Office of the Chief Medical Examiner;

(3) Department of Fire and Emergency Medical Services;

(4) Department of Youth Rehabilitation Services;

(5) Metropolitan Police Department;

(6) Department of Corrections;

(7) Office of Unified Communications; and

(8) Homeland Security and Emergency Management Agency.


(Mar. 3, 1979, D.C. Law 2-139, § 1052a; as added May 2, 2015, D.C. Law 20-267, § 2(c), 62 DCR 1543; Oct. 8, 2016, D.C. Law 21-160, § 3022(b), 63 DCR 10775.)

Editor's Notes

Section 3 of D.C. Law 20-267 provided that, pursuant to this section, the Council approved proposed initial salary ranges established by the Mayor as the DX Public Safety Schedule for fiscal years 2015 through 2017, and provided the ranges in a table.


§ 1–610.53. Executive Service pay plan.

(a) A person appointed to a position in the Executive Service shall be appointed at the level on the DX Schedule or DX Public Safety Schedule designated for the subordinate agency to which he or she is appointed, and shall receive a salary set at any amount within the salary range for that level that the Mayor determines to be appropriate.

(b) The salary of any person holding an appointment to a position in the Executive Service may, at any time, be increased or decreased by the Mayor, at his or her sole discretion, to any other salary within the salary range for the level occupied.

(c) The salary of an employee in the Executive Service who is temporarily assigned to a position at a higher or lower level on the DX Schedule or DX Public Safety Schedule shall be set, at the discretion of the Mayor, at any rate within the salary range of the level to which the employee is temporarily assigned or the salary range of the level of the position from which officially appointed.

(d) A person paid from the DX Schedule shall not be entitled to premium pay.


(Mar. 3, 1979, D.C. Law 2-139, § 1053; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 2, 2015, D.C. Law 20-267, § 2(d), 62 DCR 1543.)

Prior Codifications

1981 Ed., § 1-611.53.

Effect of Amendments

The 2015 amendment by D.C. Law 20-267 added “or DX Public Safety Schedule” in (a) and (c).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.54. Incumbents.

A person holding an appointment to a position in the Executive Service on October 21, 1998 shall continue to be paid at his or her existing rate of pay until the Mayor effects a personnel action establishing a new salary within the designated range for the level of the position to which the person is appointed.


(Mar. 3, 1979, D.C. Law 2-139, § 1054; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-611.54.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.55. Reasonable pre-employment travel and relocation expenses and temporary housing allowance.

Pursuant to regulations the Mayor may prescribe, the following expenses may be paid in connection with Executive Service employment:

(1) Reasonable pre-employment travel expenses for an individual being interviewed for a subordinate agency head position;

(2) Reasonable relocation expenses for an Executive Service selectee or appointee and his or her immediate family if they are relocating to the District of Columbia from outside the Greater Washington Metropolitan Area; and

(3) A reasonable temporary housing allowance, for a period not to exceed 60 days, for an Executive Service selectee or appointee and his or her immediate family.


(Mar. 3, 1979, D.C. Law 2-139, § 1055; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-611.55.

Emergency Legislation

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(b) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Emergency Amendment Act of 2016 (D.C. Act 21-637, Jan. 24, 2017, 64 DCR 923).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017 (D.C. Law 21-246, Apr. 7, 2017, 64 DCR 1620).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.56. Additional income allowance. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1056; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 2, 2015, D.C. Law 20-267, § 2(e), 62 DCR 1543.)

Prior Codifications

1981 Ed., § 1-611.56.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.57. Performance incentives.

The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only if:

(1) The agency head is bound by a performance contract, available to the public upon request, that clearly identifies measurable goals and outcomes; and

(2) The agency head has exceeded contractual expectations in the year for which the incentive is paid.


(Mar. 3, 1979, D.C. Law 2-139, § 1057; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Oct. 1, 2002, D.C. Law 14-190, § 2802, 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-611.57.

Effect of Amendments

D.C. Law 14-190 rewrote the section which had read as follows: “The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only when the agency head is bound by a performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is paid.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

Short title of title XXVIII of Law 14-190: Section 2801 of D.C. Law 14-190 provided that title XXVIII of the act may be cited as the Executive Compensation and Fiscal Responsibility Amendment Act of 2002.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.58. Separation pay.

(a) A subordinate agency head may be paid separation pay of up to 12 weeks of his or her basic pay upon separation from the government at the discretion of the Mayor; provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay.

(b)(1) Notwithstanding subsection (a) of this section and except as provided in paragraph (2) of this subsection, Charles H. Ramsey, Chief of Police, shall be paid separation pay equivalent to up to 6 months of his basic pay upon involuntary separation from the District government by the Mayor if the involuntary separation is without cause.

(2) If Chief Ramsey is involuntarily separated without cause at any time during the last 6 months of his term, as that term is set forth in § 5-105.01(c), he shall be entitled to separation pay equal to the actual number of days remaining in his term.

(c)(1) Notwithstanding subsection (a) of this section, Cathy L. Lanier, Chief of Police, shall be paid separation pay in a lump sum equivalent to 4 months of her basic pay upon involuntary separation from the District government if the separation is without “material failure,” or for a “good reason,” as those terms are described in an employment agreement between the District of Columbia and Cathy L. Lanier, Chief of Police, dated May 8, 2012.

(2) If Chief Lanier is involuntarily separated without material failure or for a good reason, Chief Lanier and her eligible dependents shall be entitled to continue to participate in the District of Columbia’s health and welfare insurance plans, in which Chief Lanier participated immediately before the date of termination and at the same contribution rates as active employees:

(A) For the 6-month period following the date of termination, or the balance of her term if less than 6 months remain; or

(B) Until she obtains employment with comparable benefits, whichever occurs first.


(Mar. 3, 1979, D.C. Law 2-139, § 1058; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 7, 2000, D.C. Law 13-52, § 3, 46 DCR 9911; Mar. 2, 2007, D.C. Law 16-199, § 2, 53 DCR 8832; Dec. 21, 2012, D.C. Law 19-205, § 3, 59 DCR 12472.)

Prior Codifications

1981 Ed., § 1-611.58.

Effect of Amendments

D.C. Law 13-52 added “provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay”.

D.C. Law 16-199 designated the existing text as subsec. (a); and added subsec. (b).

The 2012 amendment by D.C. Law 19-205 added (c).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.59. District of Columbia domicile.

(a) The provisions of § 1-609.06(a) through (h) shall apply to employment in the Executive Service.

(b) Repealed.

(c) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1059; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Apr. 13, 1999, D.C. Law 12-220, § 2, 46 DCR 481; April 12, 2000, D.C. Law 13-84, § 2, 47 DCR 0455; Oct. 1, 2002, D.C. Law 14-185, § 2(c), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(d), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 19(b), 51 DCR 881; Feb. 6, 2008, D.C. Law 17-108, § 203(f), 54 DCR 10993.)

Prior Codifications

1981 Ed., § 1-611.59.

Section References

This section is referenced in § 1-523.01, § 1-603.01, and § 1-609.06.

Effect of Amendments

D.C. Law 13-84 added subsec. (c).

D.C. Law 14-185, in the section heading, substituted “District of Columbia domicile” for “District residency”; and rewrote subsec. (a).

D.C. Law 14-213 repealed subsec. (c) which had read as follows: “(c) The provisions of subsection (a) of this section may be waived for Elliott B. Branch, confirmed as Chief Procurement Officer for a 5-year term beginning November 2, 1999.”

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 17-108 repealed subsec. (b), which had read as follows: “(b) The provisions of subsection (a) of this section may be waived for an individual appointed as Chief Technology Officer.”

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.60. Subsequent appointments.

No person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one year immediately following his or her separation from the Executive Service, except that, upon termination, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor, within 3 months to a vacant position in the service for which he or she is qualified.


(Mar. 3, 1979, D.C. Law 2-139, § 1060; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-611.60.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.61. Universal leave.

(a) The Executive Service employees’ leave system shall provide the following:

(1) No employee shall earn annual or sick leave.

(2) Each employee shall have a universal leave account.

(3) Each employee’s universal leave account shall be credited with 208 hours on the first pay period of the leave year, or on a pro-rata basis for appointments after the first pay period of the leave year.

(4) No employee shall be charged for leave for any absence which is less than 2 hours.

(5) An employee may carry over, for use in succeeding years, not more than 40 hours of unused universal leave.

(6) Each employee in the Executive Service on the last day of the last pay period of the leave year shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before the transition.

(7) Each employee appointed without a break in service to a position in the Executive Service from another position in the District government, on or after the first day of the first pay period after enactment of this section shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before his or her appointment in the Executive Service.

(8) Upon separation from his or her position in the Executive Service, any annual leave remaining in the escrow account and any universal leave to his or her credit (less a pro-rated amount representing the portion of the leave that would be creditable for the remainder of the year) will be paid at the employee’s rate of pay at the time of separation.

(9) Sick leave previously accrued under a different leave system shall be held in an escrow account and may be used at the discretion of the employee until exhausted.

(10) The Mayor may establish a disability income protection program for Executive Service employees to include short and long-term disability insurance which shall provide coverage for non-job related illness or injury.

(b) Notwithstanding subsection (a) of this section, Peter Newsham, while serving as Chief of Police, shall earn leave under § 1-612.03, consistent with the leave he earned as a member of the Metropolitan Police Department based upon his years of service immediately before his appointment as Chief of Police.


(Mar. 3, 1979, D.C. Law 2-139, § 1061; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 2301, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(b), 46 DCR 2118; Apr. 27, 1999, D.C. Law 12-267, § 5, 46 DCR 960; Mar. 14, 2012, D.C. Law 19-115, § 2(g), 59 DCR 461; Dec. 13, 2017, D.C. Law 22-33, § 3092, 64 DCR 7652.)

Prior Codifications

1981 Ed., § 1-611.61.

Effect of Amendments

D.C. Law 19-115, in par. (3), substituted “208 hours” for “26 days”; in par. (4), substituted “2 hours” for “8 hours”; and, in par. (5), substituted “40 hours” for “5 days”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3092 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3092 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2 of Leave and Retirement Modifications for Chief of Police Peter Newsham Emergency Amendment Act of 2017 (D.C. Act 22-88, June 28, 2017, 64 DCR 6239).

For temporary amendment of section, see §§ 6 and 7 of the Fiscal year 1999 Budget Support Emergency Amendment Act of 1998 (D.C. Act 12-480, October 28, 1998, 45 DCR 8016), and §§ 6 and 7 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-4, February 8, 1999, 46 DCR 2291).

For temporary amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, 45 DCR 7229), as amended by § 6 of D.C. Law 12-211, and § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

Section 1902 of D.C. Act 12-401 provided that § 1901(a) and (b) shall apply upon the enactment by the United States Congress of legislation adopting § 101(m) of the Omnibus Personnel Reform Amendment Act of 1998, signed by the Mayor on April 1, 1998 (D.C. Law 12-124; 45 DCR 2464).

For temporary (90-day) amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

Temporary Legislation

For temporary (225 day) amendment of section, see § 7 of Fiscal Year 1999 Budget Support Temporary Amendment Act of 1998 (D.C. Law 12-211, April 13, 1999, law notification 46 DCR 3833).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

Applicability of § 2301(a) and (b) of D.C. Law 12-175: Section 2302 of D.C. Law 12-175, as amended by § 63 of D.C. Law 12-264, provided that § 2301(a) and (b) of the act shall apply as of October 21, 1998.


§ 1–610.62. Retirement benefits.

Executive Service employees shall be covered under subchapter XXVI of this chapter, except that employees first hired after September 30, 1987, may elect to participate in the District’s defined contribution plan or may elect to have the funds that would otherwise be contributed by the District under the defined contribution plan directed to another 401(a) retirement plan.


(Mar. 3, 1979, D.C. Law 2-139, § 1062; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-611.62.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.63. Life insurance benefits.

Executive Service employees shall be covered by the provisions of subchapter XXII of this chapter, except that any Executive Service employee, whether covered by federal life insurance benefits (pursuant to § 1-622.01) or District life insurance benefits (pursuant to § 1-622.03), may receive additional coverage for himself or herself, not to exceed twice the rate of that employee’s basic pay. The cost of that coverage shall be borne solely by the District government.


(Mar. 3, 1979, D.C. Law 2-139, § 1063; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-611.63.

Section References

This section is referenced in § 7-761.06.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.


§ 1–610.64. Employment contracts with subordinate agency heads.

(a) The Mayor shall not enter into an employment contract with a subordinate agency head that contains terms and conditions of employment that are inconsistent with existing law.

(b) If the Mayor executes an employment contract with a subordinate agency head in the Executive Service, the contract shall be posted to the website of the District of Columbia Department of Human Resources within 30 days of signing. The requirement to post the contract shall be subject to relevant exemptions pursuant to § 2-534 and required disclosures pursuant to § 2-536.

(c) An employment contract, if any, with a subordinate agency head shall be transmitted to the Council simultaneously with the transmittal of the nomination of the subordinate agency head.


(Mar. 3, 1979, D.C. Law 2-139, § 1064; as added Feb. 24, 2012, D.C. Law 19-83, § 2(b), 58 DCR 11024.)


Subchapter X-B. Lateral Police Career Appointments.

§ 1–610.71. Definitions.

For the purposes of this part, the term “lateral law enforcement officer” means:

(1)(A) A member of the Capitol Police;

(B) A member of the United States Park Police;

(C) A member of the Federal Protective Service;

(D) A member of the United States Secret Service Uniformed Division; or

(E) An employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States of America or any state of the United States of America, including the positions of county sheriff and municipal policeman; or

(2) A person who has performed in any capacity described in paragraph (1) of this section within 12 months of his or her application to the Metropolitan Police Department.


(Mar. 3, 1979, D.C. Law 2-139, § 1071; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619.)

Prior Codifications

1981 Ed., § 1-611.71.

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).


§ 1–610.72. Salary and Assignment for appointment of Metropolitan Police Department at Class 1 — Private.

Notwithstanding any other law or regulation, the Mayor, or the Mayor’s designee, may appoint a lateral law enforcement officer to the Metropolitan Police Department without regard to any time in grade or prior department service or incumbency requirements. A lateral law enforcement officer appointed by the Mayor, or by the Mayor’s designee, shall be appointed as a Class 1—Private with compensation at the appropriate rate for this classification, and shall be assigned to duty as prescribed by the Mayor, or by the Mayor’s designee.


(Mar. 3, 1979, D.C. Law 2-139, § 1072; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619.)

Prior Codifications

1981 Ed., § 1-611.72.

Section References

This section is referenced in § 1-610.73, § 1-610.74, § 1-610.75, § 1-610.76, § 5-541.01, § 5-542.02, § 5-543.01, § 5-543.02, § 5-543.03, § 5-543.04, § 5-543.05, § 5-544.01, and § 5-704.

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).


§ 1–610.73. Treatment of lateral law enforcement officers as police hired after September 30, 1987.

Except as provided in § 1-610.74 a lateral law enforcement officer hired pursuant to § 1-610.72 shall be covered by the provisions of this chapter applicable to members of the Metropolitan Police Department hired after September 30, 1987.


(Mar. 3, 1979, D.C. Law 2-139, § 1073; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619.)

Prior Codifications

1981 Ed., § 1-611.73.

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).


§ 1–610.74. Leave accrual for lateral law enforcement officers.

For the purposes of § 1-612.03, years of law enforcement experience, as determined by the Mayor or his or her designee, shall constitute years of District government service for any employee hired as a lateral law enforcement officer pursuant to § 1-610.72.


(Mar. 3, 1979, D.C. Law 2-139, § 1074; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619.)

Prior Codifications

1981 Ed., § 1-611.74.

Section References

This section is referenced in § 1-610.73.

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).


§ 1–610.75. Retirement benefits for lateral law enforcement officers hired after January 11, 2000.

(a) For the purposes of retirement benefits, an employee hired as a lateral law enforcement officer pursuant to § 1-610.72 shall elect to be covered by § 1-901.01 et seq. These lateral law enforcement officers shall be treated as new hires for retirement purposes except as provided by law for federal government and military service and except as provided by § 1-610.76.

(b) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1075; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619; Oct. 19, 2000, D.C. Law 13-172, § 812, 47 DCR 6308; Sept. 30, 2004, D.C. Law 15-194, § 1202, 51 DCR. 9406.)

Prior Codifications

1981 Ed., § 1-611.75.

Effect of Amendments

D.C. Law 13-172 added subsec. (b).

D.C. Law 15-194 repealed subsec. (b) which had read as follows: “(b) Metropolitan Police Officers hired after January 11, 2000, and prior to December 31, 2003, shall have successfully completed at least 60 post-secondary semester hours from an accredited university by the fifth anniversary of the date hired.”

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

For temporary (90-day) amendment of section, see § 812(a), (b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 812(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 3 of Metropolitan Police Department Educational Requirement Clarification Emergency Amendment Act of 2004 (D.C. Act 15-323, January 28, 2004, 51 DCR 1586).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Metropolitan Police Department Education Requirement Clarification Temporary Amendment Act of 2004 (D.C. Law 15-147, April 22, 2004, law notification 51 DCR 4931).


§ 1–610.76. Credit for prior law enforcement service.

In computing length of service of a retiring lateral law enforcement officer hired pursuant to § 1-610.72, credit shall be granted for prior law enforcement service outside the Metropolitan Police Department only if the lateral law enforcement officer has deposited to the credit of the Police Officers’ and Firefighters’ Retirement Fund an amount that is equal to the dollar increase in the present value of future benefits which results from crediting the prior service. The calculation of the present value of future benefits shall be based on the actuarial assumptions and methods used to calculate the present value of future benefits from § 1-907.03(a)(3)(B) for the applicable fiscal year. Upon separation from District law enforcement duty for reasons other than retirement, any law enforcement officer who purchased prior service credit shall receive that purchase amount along with any interest credited on the amount. Any law enforcement officer that withdraws the purchase amount and is later reinstated shall not be entitled to this prior service credit until the purchase amount plus interest is again deposited.


(Mar. 3, 1979, D.C. Law 2-139, § 1076; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619.)

Prior Codifications

1981 Ed., § 1-611.76.

Section References

This section is referenced in § 1-610.75.

Cross References

Merit system, effective date provisions, see § 1-636.02.


Subchapter XI. Classification; Compensation.

§ 1–611.01. Classification policy; grade levels; publication required; public hearing.

(a) The classification of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services will be accomplished in accordance with the following policy:

(1) Individual positions will be grouped and identified by classes and grades, in accordance with their duties, responsibilities, and qualification requirements and shall be indexed and cross referenced in the incumbent classification and compensation system; and

(2) The principle of equal pay for substantially equal work will be supported.

(b) The grade levels of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be based on the consideration of applicable factors, such as knowledge and skills required by the positions; supervisory controls exercised over the work; guidelines used; complexity of the work; scope and effect of the work; personal contacts; purpose of contacts; physical demands of the positions; and work environment.

(c) Classification systems or proposals developed under the authority of this subchapter shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor or the Board of Education or the Board of Trustees of the University of the District of Columbia shall hold, as provided in this subchapter, a public hearing on all such proposals he, she, or it has published in the District of Columbia Register prior to his, her, or its adoption of a classification system or amendment to such system; provided, that the classification system or systems in effect on December 31, 1979, shall remain in effect until the adoption of a classification system or systems pursuant to § 1-611.02 or § 1-611.11.


(Mar. 3, 1979, D.C. Law 2-139, § 1101, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(a), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(k), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(j), 43 DCR 2978; Apr. 12, 2000. D.C. Law 13-91, § 103(m), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(e), (f), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.1.

1973 Ed., § 1-341.1.

Section References

This section is referenced in § 1-611.02, § 1-611.11, § 1-1161.01, § 1-1163.02, § 42-3502.03b, and § 42-3502.04a.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a) and in subsec. (b), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and in subsec. (b), substituted “Excepted, and the Management Supervisory Services” for “and Excepted Services”.

Cross References

Rent administrator, compensation, see § 42-3502.03.

Rental housing commission members, compensation, see § 42-3502.01.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51, March 31, 2003, 50 DCR 2954).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97, June 20, 2003, 50 DCR 5472).

For temporary (90 day) repeal of Freeze of Within-Grade Salary Increases provisions of Title I of the Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51), Title I of the Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97), and Title I of the Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Act 15-92), see §§ 2 and 3 of the Freeze of Within-Grade Salary Increase Repeal Emergency Act of 2003 (D.C. Act 15-122, July 29, 2003, 50 DCR 6619).

For temporary (90 day) additions, see §§ 1022 to 1027 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 1142 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of sections, see §§ 2 to 5 of Financial Stability Measures Emergency Act of 2010 (D.C. Act 18-588, October 19, 2010, 57 DCR 10140).

For temporary (90 day) amendment of section, see § 2 of Financial Stability Measures Clarification Emergency Amendment Act of 2010 (D.C. Act 18-593, November 3, 2010, 57 DCR 10475).

For temporary (90 days) response by the government of the District of Columbia’s to the federal shutdown, or lapse in appropriations, by designating personnel as essential, authorizing the District to employ personal services, and providing for the compensation of personnel, see §§ 2 to 6 of the Federal Shutdown Response Emergency Act of 2013 (D.C. Act 20-182, October 4, 2013, 60 DCR 14955).

Temporary Legislation

For temporary (225 day) additions, see §§ 101 to 104 of Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Law 15-25, July 22, 2003, law notification 50 DCR 6095).

For temporary (225 day) repeal of D.C. Law 15-25, see § 2 of Freeze of Within-Grade Salary Increase Repeal Temporary Act of 2003 (D.C. Law 15-49, December 9, 2003, law notification 51 DCR 1784).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Compensation for District employees: Section 120 of Pub. L. 104-194, 110 Stat. 2366, the District of Columbia Appropriations Act, 1997, provided that notwithstanding any other provisions of law, the provisions of § 1-601.01 et seq., enacted pursuant to § 1-204.22(3), shall apply with respect to the compensation of District of Columbia employees and provided that, for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code.


§ 1–611.02. Establishment and maintenance of classification system for Career, Legal, Excepted, and Management Supervisory Services employees.

(a) In order to carry out the policies of § 1-611.01, the Mayor shall provide for the development of a classification system covering all positions in the Career, Legal, Excepted, and the Management Supervisory Services.

(b) The Mayor shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions and shall provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. The Mayor shall provide for meaningful consultation with the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia in the classification of positions of persons in the Career Service employed by the educational Boards.

(c) Repealed.

(d) Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor shall hold a public hearing on all such proposals he or she publishes in the District of Columbia Register prior to his or her adoption of a classification system(s) or amendment to such system(s).


(Mar. 3, 1979, D.C. Law 2-139, § 1102, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(l), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(k), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(1), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(n), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(g), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.2.

1973 Ed., § 1-341.2.

Section References

This section is referenced in § 1-611.01.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(n) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–611.03. Compensation policy; compensatory time off; overtime pay.

(a) Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be fixed in accordance with the following policy:

(1) Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation prevailing in the Washington, D.C., Standard Metropolitan Statistical Area (SMSA); provided, that compensation levels may be examined for public and/or private employees outside the area and/or for federal government employees when necessary to establish a reasonably representative statistical basis for compensation comparisons, or when conditions in the local labor market require a larger sampling of prevailing compensation levels.

(2) Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental officers shall be paid on the same schedule as medical officers having comparable qualifications and experiences.

(3) Differences in pay shall be maintained in keeping with differences in level of work and quality of performance.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7)(A) Any full-time permanent, indefinite, or term employee of a District agency or independent agency, who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty in preparation for, or as a result of, Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall receive, upon application and approval, an amount that equals the difference in compensation between the employee's District government basic pay reduced by the employee's basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation New Dawn in 2010, any period following the formal inception of Operation Odyssey Dawn in 2011, or any period following the formal inception of any contingency operation as defined in 10 U.S.C. § 101(a)(13), during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military operations, or, in the case of a term employee, until the date of the end of the term of employment.

(B) The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph.

(b) The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to 5 U.S.C. § 8331, §§ 1-626.03 through 1-626.12, § 5-723(e), the Judges’ Retirement Fund, established by § 1-714, or the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994.

(c) Repealed.

(d) Notwithstanding any other provisions of law or regulation, effective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.)(“FLSA”), and is eligible to earn compensatory time may receive compensatory time off at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation.

(1) If the work of an employee for which compensatory time off may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986.

(2) Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time off allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation.

(e) Notwithstanding any other provision of District law or regulation, effective on the first day of the first pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section.

(f)(1) Repealed.

(2)(A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.

(B) For fiscal years 2011, 2012, 2013, 2014, and 2015, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Deputy Fire Chief and above in the Firefighting Division.

(3) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period.

(4)(A)(i) For fiscal years 2011, 2012, 2013, and 2014, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a fiscal year.

(ii) For Fiscal Year 2015, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $30,000 in a fiscal year.

(B) This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classified as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler).

(C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year 2011.

(g)(1) The Chief of Police may grant time off, to be considered FLSA-exempt, to uniformed members of the Metropolitan Police Department at the rank of Inspector and above, and the civilian equivalents, for work performed in excess of an 80-hour biweekly pay period, excluding roll call; provided, that:

(A) FLSA-exempt time off granted to any individual employee shall not exceed a total of 80 hours in any consecutive 12-month period;

(B) FLSA-exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned; and

(C) FLSA-exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

(2) The Mayor, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.


(Mar. 3, 1979, D.C. Law 2-139, § 1103, 25 DCR 5740; Sept. 16, 1980, D.C. Law 3-101, § 2, 27 DCR 3628; Mar. 4, 1981, D.C. Law 3-130, § 2(b), 28 DCR 277; Mar. 16, 1982, D.C. Law 4-78, § 8(a), 29 DCR 49; Mar. 13, 1985, D.C. Law 5-140, § 2, 31 DCR 5755; Oct. 5, 1985, D.C. Law 6-43, § 2(a), 32 DCR 4484; July 24, 1986, D.C. Law 6-126, § 2, 33 DCR 3211; July 24, 1986, D.C. Law 6-127, § 2, 33 DCR 3213; Sept. 13, 1986, D.C. Law 6-142, § 2, 33 DCR 4369; Mar. 2, 1991, D.C. Law 8-190, § 2(a), 37 DCR 6721; July 13, 1991, D.C. Law 9-12, § 2(a), 38 DCR 3376; Nov. 25, 1993, D.C. Law 10-65, § 201, 40 DCR 7351; July 23, 1994, D.C. Law 10-136, § 5, 41 DCR 3006; Sept. 22, 1994, D.C. Law 10-172, § 2, 41 DCR 5152; May 16, 1995, D.C. Law 10-255,§ 2(a), 41 DCR 5193; June 10, 1998, D.C. Law 12-124, §§ 101(n)(2), 101(n)(3), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(o), 47 DCR 520; Oct. 3, 2001, D.C. Law 14-28, § 3702, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 3(h), (i), 49 DCR 8140; Dec. 7, 2004, D.C. Law 15-207, § 2, 51 DCR 8779; Mar. 26, 2008, D.C. Law 17-135, § 2(a), 55 DCR 1683; Sept. 24, 2010, D.C. Law 18-223, § 3022, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3012, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3022, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3052, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3052, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-198, § 2(a), 61 DCR 12450; Oct. 22, 2015, D.C. Law 21-36, § 7025, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 211, 63 DCR 4659; Apr. 15, 2017, D.C. Law 21-273, § 2, 64 DCR 949.)

Prior Codifications

1981 Ed., § 1-612.3.

1973 Ed., § 1-341.3.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-155: Section 11001 of D.C. Law 20-155 provided that, except as otherwise provided, the act shall apply as of October 1, 2014.

Section References

This section is referenced in § 1-611.04, § 1-611.05, § 1-611.11, § 1-617.17, and § 1-711.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a), inserted “Legal,”.

D.C. Law 14-28 added subsec. (f).

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and repealed par (6) of subsec. (a).

D.C. Law 15-207, in the second sentence of subsec. (b), inserted “ 5 U.S.C. § 8331,” following “received by the reemployed individual pursuant to”.

D.C. Law 17-135 added subsec. (a)(7).

D.C. Law 18-223 rewrote subsec. (f)(2); and added subsec. (f)(4). Prior to amendment, subsec. (f)(2) read as follows: “(2) Uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.”

D.C. Law 19-21, in subsec. (f)(2)(B), substituted “For fiscal years 2011 and 2012” for “For fiscal year 2011”; and rewrote subsec. (f)(4), which formerly read:

“(4) For fiscal year 2011, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in the fiscal year.”

The 2012 amendment by D.C. Law 19-168 substituted “fiscal years 2011, 2012, and 2013” for “fiscal years 2011 and 2012” in (f)(2)(B) and (f)(4)(A); and added (f)(4)(C).

The 2013 amendment by D.C. Law 20-61 rewrote (f)(2)(B); and substituted “2011, 2012, 2013, and 2014” for “2011, 2012, and 2013” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-155 substituted “2011, 2012, 2013, 2014, and 2015” for “2011, 2012, 2013, and 2014” in (f)(2)(B) and (f)(4)(A); and substituted “$ 30,000” for “$ 20,000” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-198 inserted the second sentence in (b).

The 2015 amendment by D.C. Law 21-36 designated the existing text of (f)(4)(A) as (f)(4)(A)(i); in (f)(4)(A)(i), substituted “and 2014” for “2014, and 2015” and substituted “$ 20,000” for “$ 30,000”; and added (f)(4)(A)(ii).

Cross References

Retirement board members, exemptions, see § 1-711.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Metropolitan Police Department Officer Retention and Recruitment Incentives Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-420, June 23, 2016, 63 DCR 9008).

For temporary amendment of section, § 2 of the Comprehensive Merit Personnel Act Annuity Offset Emergency Amendment Act of 1997 (D.C. Act 12-123, August 1, 1997, 44 DCR 4652), and § 2 of the Comprehensive Merit Personnel Act Annuity Offset Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-183, October 30, 1997, 44 DCR 6958).

For temporary amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary addition of section, see § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Police and Fire Senior Management Overtime Emergency Amendment Act of 2001 (D.C. Act 14-84, July 9, 2001, 48 DCR 6371).

For temporary (90 day) amendment of section, see §§ 2(a) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Emergency Amendment Act of 2004 (D.C. Act 15-623, November 30, 2004, 52 DCR 1123).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-44, February 22, 2005, 52 DCR 3051).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-57, March 17, 2005, 52 DCR 3180).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-298, February 27, 2006, 53 DCR 1877).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-2, January 16, 2007, 54 DCR 1436).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) addition, see § 1281 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section 1281 of Fiscal Year 2010 Budget Support Act of 2009 and Fiscal Year 2010 Budget Support Second Emergency Act of 2009, see §§ 2, 3 of Retirement Incentive Emergency Amendment Act of 2009 (D.C. Act 18-254, December 22, 2009, 57 DCR 40).

For temporary (90 day) amendment of section, see § 1281 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) addition of section, see § 2 of Bonus and Special Pay Clarification Emergency Amendment Act of 2010 (D.C. Act 18-364, April 2, 2010, 57 DCR 3164).

For temporary (90 day) amendment of section, see § 3022 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of § 1026 and addition of § 1143 of D.C. Law 18-223, see § 112 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see the first § 3062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 3052(b), see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see §§ 1002(a) and 7016(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Metropolitan Police Department Officer Retention and Recruitment Incentives Emergency Amendment Act of 2016 (D.C. Act 21-332, Mar. 17, 2016, 63 DCR 4304).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 day) amendment of section, see § 2 of Comprehensive Merit Personnel Act Annuity Offset Temporary Amendment Act of 1997 (D.C. Law 12-46, February 26, 1998, law notification 45 DCR 1507).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Temporary Amendment Act of 2004 (D.C. Law 15-317, April 8, 2005, law notification 52 DCR 4706).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(a) of D.C. Law 16-64 added par. (a)(7) to read as follows:

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 16-299 added a new par. (7) to subsec. (a) to read as follows:

“(B) The Mayor shall issue rules within 30 days of July 22, 2003 to implement the provisions of this paragraph.”

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 17-101 added subsec. (a)(7) to read as follows:

“(7)(A) Any full-time permanent, term, or TAPER District government employee who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, shall receive, upon application and approval, an amount that equals the difference in compensation between the employee’s District government basic pay and the employee’s basic military pay. This amount shall not be considered as basic pay for any purpose. This amount shall be paid for any period following the formal inception of Operation Enduring Freedom in 2001, any period following the beginning of the preparation for Operation Iraqi Freedom in 2002 and 2003, or for any period following the formal inception of Operation Iraqi Freedom in 2003, during which the employee is carried in a non-pay status, from the time the employee is called to active duty until the employee is released from active duty occasioned by any of these military conflicts.

“(B) The Mayor shall issue rules to implement the provisions of this paragraph.”

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-122 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. For fiscal year 2010, no funds shall be used to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138); provided, that funds may be used to provide incentive awards under section 1901 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-619.01).”.

Section 4(b) of D.C. Law 18-122 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-187 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. Restrictions on special awards pay or bonus pay.

“(a) For Fiscal Year 2010, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus authorized by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle.

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head under this section unless required by an existing contract that was entered into prior to the effective date of this subtitle.”.

Section 4(b) of D.C. Law 18-187 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2(b) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

Section 2(b) of D.C. Law 12-36 was amended by § 61 of D.C. Law 12-81.

For temporary (225 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Short Title

Short title: Section 1001 of D.C. Law 19-21 provided that subtitle A of title I of the act may be cited as “Bonus and Special Pay Limitation Act of 2011”.

Short title: Section 1021 of D.C. Law 18-223 provided that subtitle C of title I of the act may be cited as the “Within-Grade Salary Increases, Cost-of-Living Adjustments, and Salary and Benefits Schedules Act of 2010”.

Short title: Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2010”.

Short title: Section 3011 of D.C. Law 19-21 provided that subtitle B of title III of the act may be cited as “FEMS Overtime Limitation Amendment Act of 2011”.

Section 1001 of D.C. Law 20-61 provided that Subtitle A of Title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2013”.

Section 3051 of D.C. Law 20-61 provided that Subtitle F of Title III of the act may be cited as the “Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2013”.

References in Text

The “Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994”, referred to in (b), is D.C. Law 10-136, which is codified as this section, § 5-762, and § 5-723, and in notes to § 5-762 and this section.

Effective Dates

Section 10 of D.C. Law 4-78 provided that the amendment effected by § 8(a) shall be deemed to have taken effect on October 1, 1981, and no employee affected by subsection (a)(2), as amended by the act, shall suffer a reduction in pay.

Editor's Notes

Sections 1022 to 1027 of D.C. Law 18-223, as amended by section 112(a) of D.C. Law 18-370, provided:

“Sec. 1022. Definitions.

“For the purposes of this subtitle, the term:

“(1) ‘Agency’ means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA.

“(2) ‘CMPA’ means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.).

“(3) ‘Negotiated salary schedule’ means a salary schedule specified in a collective bargaining agreement.

“(4) ‘Negotiated salary, wage, and benefits provision’ means the salary and benefits provided in a collective bargaining agreement.

“(5) ‘Personnel authority’ means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA.

“(6) ’Within-grade salary increase’ means the advancement of an employee’s basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term ‘within-grade salary increase’ or another term is used to describe the advancement within the applicable compensation law or rule.

“Sec. 1023. Freeze of within-grade salary increases and cost-of-living adjustments.

“(a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, 2011.

“(b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee’s length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule.

“Sec. 1024. Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year 2011.

“Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

“Sec. 1025. Application to certain employees of the District of Columbia Public Schools.

“(a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer.

“Sec. 1026. Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sections 1023 and 1024 shall not apply to employees of the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the University of the District of Columbia.

“Sec. 1027. Rules.

“To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle.”

Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the ‘Bonus and Special Pay Limitation Act of 2010‘.

Section 1142 of D.C. Law 18-223 provided:

“Sec. 1142. Bonus and special pay limitations.

“(a) For fiscal year 2011, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle September 24, 2010.”

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle.”

Section 112(b) of D.C. Law 18-370 added section 1143 of D.C. Law 18-223 to read as follows:

“Sec. 1143. Exemption. Section 1142 shall not apply to employees of the University of the District of Columbia.”.

Section 1002 of D.C. Law 19-21 provided:

“Sec. 1002. Bonus and special pay limitations.

“(a) For fiscal year 2012, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to October 1, 2010.

“(b) For fiscal year 2012, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to October 1, 2010.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2012 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 19-168 provided:

“Bonus and special pay limitations. (a) For fiscal year 2013, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe-driving awards;

“(6) Gainsharing incentives in the Department of Public Works;

“(7) Suggestion or invention awards; or

“(8) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle.

“(b) For fiscal year 2013, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2013 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 20-61 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2015.

Section 1002 of D.C. Law D.C. Law 21-36 provided for bonus and special pay limitations for fiscal year 2016.

Applicability of D.C. Law 21-36: Section 10001 of D.C. Law 21-36 provided that, except as otherwise provided, the act shall apply as of October 1, 2015.

Resolutions

Resolution 17-903, the “Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Rulemaking Approval Resolution of 2008”, was approved effective December 16, 2008.


§ 1–611.04. Compensation system for Career and Excepted Services — Established.

(a) The Mayor shall develop, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, a new compensation system for all employees in the Career, Legal, Excepted, and Management Supervisory Services. Any comments that the Board of Education or the Board of Trustees of the University of the District of Columbia wish to make on the proposed system shall be presented along with the proposed pay system submitted by the Mayor.

(b) This new system shall include, but need not be limited to, provisions for basic pay, pay increases based on quality and length of service, premium pay, allowances, and severance pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations in the development of the new compensation system for Career Service employees.

(d) The Mayor shall submit any proposed new compensation system to the Council for approval under the provisions of § 1-611.06. The submission shall include proposed dates on which the new compensation system shall become effective.

(e) Until such time as a new compensation system is approved, the compensation system, including the salary and pay schedules, in effect on December 31, 1979, shall continue in effect: Provided, that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(e-1) Until such time as the Metropolitan Police Department Excepted Service Sworn Employees’ Compensation System is established, the Mayor may develop a pay schedule, to be limited to no more than 10 excepted service sworn employees, for Metropolitan Police Department Excepted Service sworn employees and submit it to the Council for approval in accordance with § 1-611.06.

(f) For the purpose of subsections (a) through (d) of this section, the term compensation system shall not include salary or pay schedules.

(g) An employee who is under indictment or who is charged by information with or who has been convicted of a felony related to his or her employment duties shall not be eligible for benefits under an Easy Out, Early Out, or similar Retirement Incentive Program; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his ineligibility shall be eligible for all benefits as if that employee has never been indicted for or charged by information with a felony.

(h) For the purposes of this subchapter, the term “felony” means an offense that is punishable by a term of imprisonment that exceeds one year.


(Mar. 3, 1979, D.C. Law 2-139, § 1104, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(c), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(m), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(a), 37 DCR 782; May 24, 1996, D.C. Law 11-122, § 2, 43 DCR 1540; Aug. 1, 1996, D.C. Law 11-152, § 302(l), 43 DCR 2978; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Apr. 12, 2000. D.C. Law 13-91, § 103(p), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(j), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.4.

1973 Ed., § 1-341.4.

Section References

This section is referenced in § 1-602.02, § 1-603.01, and § 1-611.06.

Effect of Amendments

D.C. Law 13-27 inserted subsec. (e-1).

D.C. Law 13-91, in subsec. (a), in the first sentence, inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and Management Supervisory Services” for “and Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303 and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Temporary Legislation

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Disapproval of new compensation system for employees in Career and Excepted Services: Pursuant to Resolution 7-345, the “Establishment of the New Compensation System for Employees in the Career and Excepted Services Disapproval Resolution of 1988”, effective November 15, 1988, the Council disapproved the Career and Excepted Services Compensation System submitted to Council by the Mayor on September 21, 1988.

District of Columbia Government Comprehensive Merit Personnel Act of 1978 Compensation System Changes Emergency Approval Resolution of 1991: Pursuant to Resolution 9-109, effective October 4, 1991, the Council approved, on an emergency basis, changes to the compensation system to authorize the Mayor to establish a retirement incentive program for certain District government employees.

Fiscal Year 1995 Spending Reduction Approval Emergency Resolution of 1995: Pursuant to Resolution 11-21, effective February 7, 1995, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (’CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (’Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(4) The Easy Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

“Sec. 303. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’), the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (‘Early Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor, if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(4) The Early Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.”

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.

Resolutions

Resolution 14-53, the “District of Columbia Government Comprehensive Merit Personnel Act of 1978 Recruitment and Retention Incentives for the Child and Family Services Agency Compensation System Changes Emergency Approval Resolution of 2001”, was approved effective March 6, 2001.

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-321, the “Career and Excepted Service Non-union Employees Compensation System Changes for Fire and Emergency Medical Services Department Non-bargaining Unit Battalion Chiefs, Deputy Chiefs, and Assistant Chiefs Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-322, the “Career Service, Excepted Service, and Management Supervisory Service Non-bargaining Unit Employees Pay Equity Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.


§ 1–611.05. Compensation system for Career and Excepted Services — Periodic review.

(a) The Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall provide for a periodic review of the basic compensation system, in order to improve the system and provide continuing conformity with the policy established by § 1-611.03.

(b) These reviews of compensation shall include, but need not be limited to, review of the adequacy of the rates of basic pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction in the periodic reviews of the compensation system(s).

(d) The Mayor, in consultation with the personnel authorities named in subsection (a) of this section, shall consider, on an annual basis, changes in the compensation system or systems and in the salary and pay schedules under such system or systems, and shall submit adjustments, if any, to the Council pursuant to § 1-611.06. The submission to the Council shall include proposed dates on which the adjustments shall become effective.

(e) If, because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor should, in any year, consider it inappropriate to submit a proposed change, or to make the adjustment in the salary or pay schedules pursuant to subsection (d) of this section, an alternative plan may be submitted with respect to such changes or adjustments as the Mayor considers appropriate with a statement of the reasons therefor.

(f) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1105, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(d), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(n), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(b), 37 DCR 782; Aug. 1, 1996, D.C. Law 11-152, § 302(m), 43 DCR 2978; Mar. 26, 1999, D.C. Law 12-175, § 2201, 45 DCR 7193.)

Prior Codifications

1981 Ed., § 1-612.5.

1973 Ed., § 1-341.5.

Section References

This section is referenced in § 1-611.06 and § 1-623.41.

Emergency Legislation

For temporary amendment of section, see § 2 of the Police Officer Pay Increase Emergency Amendment Act of 1997 (D.C. Act 12-142, July 18, 1997, 44 DCR 4369), and § 2 of the Police Officers Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-408, July 13, 1998, 45 DCR 4837).

For temporary amendment of section, see § 2 of the Department of Corrections Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-327, April 24, 1998, 45 DCR 2794).

For temporary amendment of section, see § 2 of the Career, Educational, and Excepted Service Nonunion Employees Salary Increase Emergency Amendment Act of 1998 (D.C. Act 12-377, June 5, 1998, 45 DCR 4463).

For temporary amendment of section, see § 2(b) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12-381, June 22, 1998, 45 DCR 4474).

For temporary amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Metropolitan Police Department pay and benefit performance: Pursuant to §§ 2 and 3 of D.C. Law 6-145, the “Metropolitan Police Department Pay and Benefit Conformance Act of 1986”, effective September 13, 1986, the Council approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining.

Sections 2 and 3 of D.C. Law 6-128, effective July 24, 1986, had also approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining. Section 4(b) of D.C. Law 6-128 provided that the act shall expire on the 180th day of its having taken effect.

D.C. Fire Department Compensation and Salary Schedule Adjustment: Pursuant §§ 2-4 of D.C. Law 7-192, the “D.C. Fire Department Compensation System and Salary Schedule Adjustment Act of 1988”, effective March 6, 1989, the Council approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining.

Sections 2-4 of D.C. Law 7-196, effective March 16, 1989, had also approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining. Section 5(b) provided that the act shall expire on the 225th day of its having taken effect.

Approval of continued payment of the base retention differential and retentive incentive to non-union uniformed members of Police force and Fire Department: Pursuant to Resolution 8-255, the “Base Retention Differential & Retention Incentive Payment Continuation Emergency Resolution of 1990”, effective July 27, 1990, the Council approved the continued payment of the base retention differential and retention incentive to non-union uniformed members of the Police force and Fire Department who are receiving or establish eligibility to receive the base retention differential or retention incentive on or before October 6, 1990.


§ 1–611.06. Compensation system for Career and Excepted Services — Review by the Council of the District of Columbia.

(a) If the Council by resolution approves, without revision, the new compensation system or systems, or any later changes in such system or systems or in the salary or pay schedules under the system or systems proposed in accordance with § 1-611.04 or § 1-611.05, the schedules shall become effective on the dates specified in the schedule submitted by the Mayor as provided in subsection (d) of § 1-611.05. If the Council takes no action on the Mayor’s proposed change within 60 calendar days of the submission thereof, such change shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(b) If the Council revises the proposal, it shall return the proposal with its revisions to the Mayor. If the Mayor concurs in the revisions, the provisions of the compensation plan as revised shall become effective on the dates specified by the Council in the resolution revising the compensation plan, as provided in subsection (a) of this section.

(c) If the Mayor does not concur in any 1 or more of the revisions recommended by the Council, including the Council’s recommendation as to the dates on which the pay changes shall become effective, the Mayor shall return the revisions within 10 days to the Council, with a statement of the Mayor’s reasons for not concurring. If the Council, by a two-thirds vote of the members present and voting, adopts a resolution insisting upon any 1 or more of the original revisions, the Council shall return the proposal and the revisions upon which the Council insists to the Mayor within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council. If any revisions insisted upon by the Council, including the Council’s recommendation as to the dates on which the pay changes should become effective, shall result in a greater cost to the District government than the Mayor’s original proposal, the Council shall adopt an act to provide a source of funding to cover the increased cost. The pay provisions of the compensation plan so adopted shall become effective on the dates specified by the Council in the resolution revising the new compensation system. If the two-thirds vote does not prevail, or the Council does not act within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council, the Mayor’s original proposal, with the revisions proposed by the Council in which the Mayor has concurred, shall become effective. The 10 days for Council review shall not include Saturdays, Sundays, legal holidays, and days of Council recess.

(d) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

(e) Repealed.

(f)(1) Persons newly hired by the District government may receive an initial rate of pay at any amount up to the midpoint of the grade or pay level for the position.

(2) The District government may pay new hires above the midpoint of the grade or pay level for that position only if the agency director or other appointing official explains the reasons justifying the salary in a memorandum that shall be filed in the employee’s official personnel folder.


(Mar. 3, 1979, D.C. Law 2-139, § 1106, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(e), 28 DCR 277; Aug. 1, 1985, D.C. Law 6-15, § 7(c), 32 DCR 3570; Mar. 15, 1990, D.C. Law 8-94, § 2(c), 37 DCR 782; Mar. 14, 2012, D.C. Law 19-115, § 2(h), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.6.

1973 Ed., § 1-341.6.

Section References

This section is referenced in § 1-608.58, § 1-609.03, § 1-611.04, § 1-611.05, and § 1-623.41.

Effect of Amendments

D.C. Law 19-115 added subsec. (f).

Emergency Legislation

For temporary authority of the Mayor to establish retirement incentive programs for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 403 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary authority of the Mayor to establish a voluntary severance incentive program for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 404 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authority of the Mayor to establish retirement incentive programs for certain employees, see § 403 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authorization of the Mayor to establish a voluntary severance incentive program for certain employees, see § 404 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary prohibition on re-employment with the District government, see § 405 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634), and § 405 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303, and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Emergency Amendment Act of 2001 (D.C. Act 14-216, December 21, 2001, 49 DCR 388).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-299, March 25, 2002, 49 DCR 3382).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of Unemployment Compensation Services Emergency Act of 2002 (D.C. Act 14-566, December 23, 2002, 50 DCR 290).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of the Unemployment Compensation Program Services Congressional Review Emergency Act of 2003 (D.C. Act 15-34, March 24, 2003, 50 DCR 2566).

For temporary (90 day) amendment of section, see § 2 of District of Columbia Public Library Retirement Incentive Emergency Act of 2007 (D.C. Act 17-240, January 11, 2008, 55 DCR 2209).

For temporary (90 day) additions, see §§ 2 to 7 of Retirement Incentive Emergency Act of 2008 (D.C. Act 17-321, March 20, 2008, 55 DCR 3439).

Temporary Legislation

Section 2 of D.C. Law 17-134 provided as follows:

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) for eligible District of Columbia Public Library (‘DCPL’) employees under its independent personnel authority and the pay authority of the Mayor. The Easy Out Program may be implemented by DCPL’s personnel authority during fiscal year 2008.

“(2) The Easy Out Program shall be limited to employees who are:

“(A) Retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f); and

“(B) Who are eligible to retire with Social Security (minimum age 62).

“(3) The Easy Out Program shall offer a retirement incentive of $500 for each full year of creditable service towards retirement. The retirement incentive will be paid in a lump sum to be paid within fiscal year 2008.

“(4) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(5) No incentive pay shall be paid to:

“(A) An employee who retires under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) of the Civil Service Retirement System, or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) A person employed as a reemployed annuitant under the provisions of 5 U.S.C. § 8344 who separates from District service, whether or not he or she applies for a re-computation of his or her annuity;

“(C) An employee who is receiving disability compensation under Title XXIII of the CMPA who retires and who elects to remain on disability compensation in lieu of retirement annuity;

“(D) An employee serving under a time-limited appointment;

“(E) An employee who receives a proposal or a final decision notice of removal for cause;

“(F)(i) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after pleas of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(ii) For the purposes of sub-subparagraph (i) of this sub-subparagraph, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000;

“(G) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has pled guilty or had been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor;

“(H) An employee who retires after the designated period for retirement, as applicable; and

“(I) An employee who has received written notice that his or her services are essential and are required by the agency until a specific date and who retires before the date cited in the notice.

“(6) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.”

Section 4(b) of D.C. Law 17-134 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Amendment Act of 2002 (D.C. Law 14-109, April 13, 2002, law notification 49 DCR 4057).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Act of 2002 (D.C. Law 14-279, April 2, 2003, law notification 50 DCR 3378).

Sections 2 to 7 of D.C. Law 17-171 added sections to read as follows:

“Sec. 2. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which may apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the retirement provisions of the Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code), except an employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or under the disability retirement provisions of 5 U.S.C. § 8337.

“(4) The Easy Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(7) No incentive pay shall be paid to:

“(A) An employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or the disability retirement provisions of 5 U.S.C. § 8337;

“(D) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 3. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the CMPA, the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (’Early Out Program’) which may apply to eligible employees under the personnel authority of the Mayor and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the early retirement provisions of 5 U.S.C. § 8414(b)(1)(B).

“(4) The Early Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(5) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No retirement incentive pay shall be paid under this section to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336 (d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(E) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(F) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(8) For the purposes of paragraph (7)(D) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 4. Retirement incentives for employees covered under other retirement systems.

“(a) Notwithstanding section 1106 of the CMPA (D.C. Official Code § 1-611.06), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for the following employees:

“(1) Employees first employed by the District government after September 30, 1987 who have completed at least 5 years of creditable service with the District government, have vested under the Defined Contribution Plan as provided in section 2610 of the CMPA, and are separating from District government service after becoming entitled to retirement benefits under the Social Security Act; and

“(2) Employees retiring under any of the other District government retirement systems.

“(b) Retirement incentives under this section may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(c) Retirement incentives under this section shall consist of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(d) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(e) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(f) No retirement incentive under this section shall be paid to:

“(1) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(2) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(3) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(4) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(g) For the purposes of paragraph (f)(2) of this section, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(h) An employee who receives an incentive payment under this section shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(i) Notwithstanding the provisions of subsection (h) of this section, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 5. Retention award. The Mayor shall issue rules to create and implement a Retention Award for Sustained Superior Performance for up to $25,000 for the remainder of the calendar year 2008.

“Sec. 6. Not an entitlement or private right of action. No provision of this act shall be construed to create an entitlement or private right of action on the part of any District government employee with respect to the easy out retirement incentive or early out retirement incentive.

“Sec. 7. Rules. The Mayor shall issue rules to implement the provisions of sections 2, 3, 4, and 5.”

Section 9(b) of D.C. Law 17-171 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Fiscal Year 1995 Spending Reduction Conditional Approval Emergency Resolution of 1994: Pursuant to Resolution 10-423, effective August 5, 1994, the Council approved, on an emergency basis, the proposed Easy Out and Early Out Retirement Incentive Programs for Career and Excepted Service Employees under the Mayor’s personnel authority and the District of Columbia General Hospital Operational and Financial Viability Plan.

Fiscal Year 1995 Spending Reduction Amendment Approval Emergency Resolution of 1994: Pursuant to Resolution 10-455, effective November 1, 1994, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

District Government Voluntary Severance Incentive Program Approval Emergency Resolution of 1994: Pursuant to Resolution 10-490, effective December 6, 1994, the Council approved, on an emergency basis, the proposed Voluntary Severance Incentive Program for Career and Excepted Service Employees.

Metropolitan Police Department pay and benefit performance: See Historical and Statutory Notes following § 1-611.05.

Optical and dental benefits: Section 401(a) of D.C. Law 11-52 provided that the optical and dental benefits for Career and Excepted Services employees not covered by collective bargaining, approved pursuant to Resolution 6-305, are reduced to a level that will allow maximum benefits to continue within available appropriations.

Section 401(b) of D.C. Law 11-52 provided that the Mayor shall renegotiate the optical and dental benefits contract to implement subsection (a) of this section.

Fiscal Year 1995 Spending Reduction Approval Emergency Resolution of 1995: Pursuant to Resolution 11-21, effective February 7, 1995, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

Contract Appeals Board Career and Excepted Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-396, effective March 3, 1998, the Council approved the compensation for the Contract Appeals Board Career and Excepted Services.

Office of Emergency Preparedness Executive Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-397, effective March 3, 1998, the Council approved the proposed compensation submitted by the Mayor for the Director of the Office of Emergency Preparedness.

Career and Excepted Service Employees Compensation System Changes for Fire Fighters Approval Emergency Resolution of 1998: Pursuant to Resolution 12-434, effective March 3, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Chief of the Metropolitan Police Department Salary Adjustment Approval Resolution of 1998: Pursuant to Resolution 12-471, effective April 21, 1998, the Council approved a salary adjustment for the Chief of the Metropolitan Police Department.

Career, Educational, and Excepted Service Nonunion Employee Emergency Compensation System Change Emergency Approval Resolution of 1998: Pursuant to Resolution 12-487, effective June 2, 1998, the Council approved, on an emergency basis, a compensation system change for Career, Educational, and Excepted Service nonunion employees.

Career and Excepted Services Compensation System Changes for Nonunion Officers and Members of the Metropolitan Police Department Emergency Approval Resolution of 1998: Pursuant to Resolution 12-506, effective May 19, 1998, the Council approved, on an emergency basis, the proposed Career and Excepted Services compensation system changes for nonunion officers and members of the Metropolitan Police Department.

Contract Appeals Board Career and Excepted Service Compensation Changes Approval Resolution of 1998: Pursuant to Resolution 12-583, effective July 7, 1998, the Council approved the proposed compensation submitted by the Mayor for Judge Jonathan D. Zischkau, Administrative Judge of the Contract Appeals Board.

Career and Expected Service Employees Compensation System Changes for Metropolitan Police Officers Emergency Approval Resolution of 1998: Pursuant to Resolution 12-558, effective June 16, 1998, the Council approved the Career and Expected Service Employees compensation system changes for the Metropolitan Police Officers.

Metropolitan Police Department Civilian Communications Supervisors Pay Increase Emergency Approval Resolution of 1998: Pursuant to Resolution 12-766, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation changes for civilian employees of the District of Columbia Metropolitan Police Department Communications Division not covered by collective bargaining.

Career and Excepted Service Employees Compensation System Changes for Firefighters Emergency Approval Resolution of 1998: Pursuant to Resolution 12-778, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Career and Expected Services Compensation System Changes for Nonunion Employees of the Commission on Mental Health Services Emergency Approval Resolution of 1998: Pursuant to Resolution 12-840, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for nonunion employees of the Commission on Mental Health Services.

Attorney Retention Allowance Compensation System Change for Attorneys in the Office of the Corporation Counsel Emergency Approval Resolution of 1998: Pursuant to Resolution 12-859, effective December 15, 1998, the Council approved, on an emergency basis, a compensation system change that authorizes the Mayor to establish and to pay an attorney retention allowance of up to 20% for series DS-905 attorneys in the Office of the Corporation Counsel.

Career and Expected Service Employees Compensation System Changes for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees Emergency Approval Resolution of Fiscal Year 1999: Pursuant to Resolution 12-846, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(4) The Easy Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

“Sec. 303. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’), the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (‘Early Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor, if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(4) The Early Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.”

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.”

Resolutions

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.


§ 1–611.07. Executive pay plan. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1107, 25 DCR 5740; Aug. 1, 1985, D.C. Law 6-15, § 7(d), 32 DCR 3570; Apr. 12, 1997, D.C. Law 11-259, § 304(d), 44 DCR 1423; June 10, 1998, D.C. Law 12-124, § 101(n)(4), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-612.7.

1973 Ed., § 1-341.7.

Cross References

Commissioner of insurance and securities, rate of pay, see § 31-104.

Editor's Notes

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.08. Compensation — Members of boards and commissions.

(a) Each member of any board or commission who receives compensation or reimbursement of expenses on January 1, 1980, shall receive such rates of compensation or reimbursement of expenses as are provided in existing law, rule, regulation, or order, or in this chapter, except as may be modified from time to time by rules and regulations published pursuant to subsection (b) of this section.

(a-1) Except as provided in subsection (a) of this section, members of boards and commissions shall not be compensated for time expended in the performance of official duties except as authorized by subsections (b), (c), (c-1), (c-2), and (c-3) of this section.

(b) The Mayor of the District of Columbia is authorized to establish by rule and regulation the rates of compensation or reimbursement of expenses for members of any board or commission, including any board or commission established after January 1, 1980. Any such rules and regulations proposed by the Mayor shall be transmitted to the Council of the District of Columbia for a 30-day (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) review period. Such rules and regulations shall become effective only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) from the date of the Mayor’s submission, a resolution disapproving such rules and regulations in whole or in part. Notwithstanding the provisions of § 1-604.05, rules and regulations published under this subsection shall be effective no earlier than 30 days after their publication in the District of Columbia Register.

(c) Members of the following boards and commissions shall be entitled to compensation in the form of a salary as currently authorized by law:

(1) Public Service Commission;

(2) Contract Appeals Board;

(3) Rental Housing Commission;

(4) Repealed.

(5) Board of Ethics and Government Accountability; and

(6) Full-time members of the Real Property Tax Appeals Commission.

(c-1) Members of the following boards and commissions shall be entitled to compensation in the form of an hourly rate of pay as follows:

(1) Board of Zoning Adjustment members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each board member per year;

(2) Office of Employee Appeals members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each member per year;

(3) District of Columbia Retirement Board Members shall be entitled to compensation as provided in § 1-711(c);

(4) Police and Firefighters Retirement and Relief Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $8,000 for each board member per year;

(5) Public Employee Relations Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each board member per year;

(6) Zoning Commission members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each commission member per year;

(7) Historic Preservation Review Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $3,000 for each board member per year;

(8) Alcoholic Beverage Control Board members shall be entitled to compensation at the hourly rate of $40 for time spent in performance of duties at meetings, not to exceed $18,000 for each board member per year;

(9) Part-time members of the Real Property Tax Appeals Commission shall be entitled to compensation at the hourly rate of $50 for time spent in performance of duties at meetings;

(10) District of Columbia Board of Elections members shall be entitled to compensation at the hourly rate of $40 while actually in the service of the board, not to exceed the $12,500 for each member per year and $26,500 for the Chairman per year.

(c-2) Members of the following boards and commissions shall be entitled to compensation in the form of stipend as follows:

(1) Each Commissioner, other than the ex officio Commissioner and the Chairperson, of the Board of Commissioners of the District of Columbia Housing Authority shall be entitled to a stipend of $4,000 per year for their service on the board; the Chairperson shall be entitled to a stipend of $6,000 per year. Each Commissioner also shall be entitled to reimbursement of actual travel and other expenses reasonably related to attendance at board meetings and fulfillment of official duties. Stipends and reimbursements shall be made at least quarterly; provided, that all stipends shall be paid from non-District funds;

(2) Each member of the Higher Education Licensure Commission shall be entitled to a stipend of $8,000 per year for their service on the commission. Each member also shall be entitled to reimbursement of actual travel and other expenses reasonably related to the performance of the duties of the commission while away from their homes or regular places of business; and

(3) Repealed.

(c-3) Chairpersons of the boards and commissions specified in subsections (c-1) and (c-2) of this section who are public members shall be entitled to an additional compensation of 20% above the annual maximum.

(d) Members of boards and commissions shall not be entitled to reimbursement for expenses unless specifically authorized by law; except, that transportation, parking, or mileage expenses incurred in the performance of official duties may be reimbursed, not to exceed $15 per meeting or currently authorized amounts, whichever is less.

(e) The Mayor shall conduct a comprehensive study of the compensation and stipend levels of the District’s boards and commissions, recognizing the different characteristics of these entities, and examining the best practices in the compensation and stipend policies of surrounding and comparable jurisdictions. Based on this study, the Mayor shall provide a report to the Council by December 31, 2002, with recommendations for a rational compensation and stipend policy applicable to boards and commissions, including any recommendations for changes in specific compensation and stipend levels that could be addressed in the FY 2004 budget and financial plan.


(Mar. 3, 1979, D.C. Law 2-139, § 1108, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(k), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 801(b), 42 DCR 3684; Mar. 20, 1998, D.C. Law 12-60, § 101, 44 DCR 7378; Nov. 29, 1999, 113 Stat. 1515, Pub. L. 106-113, § 119(b); Oct. 20, 1999, D.C. Law 13-38,§ 302, 46 DCR 6373; May 3, 2001, D.C. Law 13-298, § 201, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, §§ 2403, 2502, 2603, 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 102(b), 51 DCR 6525; Dec. 7, 2004, D.C. Law 15-205, § 1212, 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 5(b), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 120(b), 52 DCR 10637; Sept. 19, 2006, D.C. Law 16-159, § 3, 53 DCR 5385; Mar. 25, 2009, D.C. Law 17-361, § 3, 56 DCR 1204; Apr. 8, 2011, D.C. Law 18-363, § 3(b), 58 DCR 963; Sept. 20, 2012, D.C. Law 19-168, § 1132, 59 DCR 8025; Mar. 10, 2015, D.C. Law 20-198, § 2(b), 61 DCR 12450; May 2, 2015, D.C. Law 20-271, § 241, 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 2202, 62 DCR 10905; Feb. 27, 2016, D.C. Law 21-74, § 3, 63 DCR 252; June 22, 2016, D.C. Law 21-124, § 501(b), 63 DCR 7076; Dec. 13, 2017, D.C. Law 22-33, §§ 1032, 1052, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1082(e), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-612.8.

1973 Ed., § 1-341.8.

Section References

This section is referenced in § 1-137.02, § 1-321.01, § 1-602.02, § 1-603.01, § 1-606.01, § 1-611.12, § 1-611.52, § 1-612.03, § 1-1001.04, § 1-1162.05, § 2-1404.03, § 3-604, § 3-1204.06, § 3-1442, § 32-1106, § 32-1542.01, § 38-827.02, § 38-1304, § 39-104, § 44-403, § 45-301, § 47-463, § 47-2853.09, § 47-3601, § 50-305, and § 50-503.

Effect of Amendments

Public Law 106-113 rewrote subpar. (c)(2)(F), which previously read:

“Redevelopment Land Agency members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $1,200 for each member per year.”

D.C. Law 13-38, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$6,000” for “$3,000”.

D.C. Law 13-298, in subpar. (c)(2)(I), substituted “$6,000” for “$2,500”.

D.C. Law 14-190, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$12,000” for “$6,000”; in subpar. (c)(1)(E), substituted “Chairperson, and public and industry members” for “Chairperson”; added subpar. (c)(2)(K); and added subsec. (e).

D.C. Law 15-187, in subpar. (c)(2)(I), substituted “$12,000” for “$6,000”.

D.C. Law 15-205, in subpar. (H) of par. (2) of subsec. (c), substituted “3,000” for “1,800”.

D.C. Law 15-354, in subsec. (c)(1)(E), validated a previously made technical correction.

D.C. Law 16-91, in subpar. (c)((2)(I), validated a previously made technical correction.

D.C. Law 16-159 repealed subsec. (c)(2)(E) which had read as follows: “(E) Board of Real Property Assessments and Appeals members shall be entitled to compensation at the hourly rate of 25 per meeting.”

D.C. Law 17-361, in subsec. (c)(2)(I), substituted “$40” for “$25” and substituted “$15, 000” for “$12,000”.

D.C. Law 18-363, in subsec. (c)(2)(J), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “Board of Real Property Assessments and Appeals”.

The 2012 amendment by D.C. Law 19-168 added (c)(2)(L).

The 2015 amendment by D.C. Law 20-198 substituted “Police and Firefighters Retirement and Relief Board” for “Police and Firemen's Retirement and Relief Board” in (c)(2)(C).

The 2015 amendment by D.C. Law 20-271 rewrote (c) and (d); and added (a-1), (c-1), (c-2), and (c-3).

The 2015 amendment by D.C. Law 21-36, in (c-2)(1), substituted “$ 4,000” for “$ 3,000,” substituted “$ 6,000” for “$ 5,000,” and added “provided, that all stipends shall be paid from non-District funds.”

The 2016 amendment by D.C. Law 21-74, in (c-2)(2), substituted “Higher Education Licensure Commission” for “Education Licensure Commission” and substituted “$8,000” for “$4,000.”

Cross References

Board of consumer claims arbitration, compensation, see § 50-503.

Board of elections and ethics, compensation, see § 1-1001.04.

Board of library trustees, compensation, see § 39-104.

Board of real property assessments and appeals, compensation, see § 47-825.01.

Board of veterinary examiners, compensation, see § 3-505.

Boxing and wrestling commission, member compensation, see § 3-604.

Education licensure commission, compensation, see § 38-1304.

Employee deferred compensation program, employee eligibility, treatment of benefits, authorization of program, see § 47-3601.

Health occupations, members of health occupation boards and advisory committees, compensation, see § 3-1204.06.

Law revision commission, compensation, see § 45-301.

Mayor’s authority to determine honorariums, “honorariums” defined, see § 1-321.01.

Occupational safety and health commission, compensation, see § 32-1106.

Public fund for drug prevention and children at risk, compensation, see § 47-4003.

Statewide health coordinating council, reimbursement of certain member expenses, see § 44-403.

Taxation, non-health related occupations and professions licensure, establishment of boards, compensation, see § 47-2853.09.

Taxicab commission, compensation, see § 50-305.

Tax revision commission, reimbursement of certain member expenses, see § 47-463.

Workers’ compensation insurance study commission, establishment, see § 32-1542.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1032 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 101 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 101 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Congressional Adjournment Emergency Act of 1997 (D.C. Act 12-11, March 3, 1997, 44 DCR 1741), and see § 3 of the Real Property Tax Reassessment Second Emergency Act of 1997 (D.C. Act 12-244, January 13, 1998, 45 DCR 652).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-293, February 27, 1998, 45 DCR 1758).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment and Cold Weather Eviction Emergency Amendment Act of 1999 (D.C. Act 13-18, February 17, 1999, 46 DCR 2354).

For temporary (90-day) amendment of section, see § 302 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) amendment of section, see §§ 2303, 2402, and 2503 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 2202 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 day) amendment of section, see § 801 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

For temporary (225 day) amendment of section, see § 2 of Real Property Tax Reassessment Temporary Act of 1996 (D.C. Law 11-207, April 9, 1994, law notification 44 DCR 2402).

For temporary (225 day) amendment of section, see § 101 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment Temporary Amendment Act of 1998 (D.C. Law 12-125, June 10, 1998, law notification 45 DCR 5883).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment and Cold Weather Eviction Temporary Act of 1999 (D.C. Law 13-1, May 20, 1999, law notification 46 DCR 5301).

For temporary (225 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).

Short Title

Short title of title XXV of Law 14-190: Section 2501 of D.C. Law 14-190 provided that title XXV of the act may be cited as the Boards and Commissions Compensation Study Amendment Act of 2002.

Short title of subtitle T of title I of Law 15-205: Section 1211 of D.C. Law 15-205 provided that subtitle T of title I of the act may be cited as Historic Preservation Review Board Stipends Amendment Act of 2004.

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.


§ 1–611.09. Compensation — Mayor and members of Council; Attorney General.

(a) Repealed.

(a-1) In accordance with § 1-204.21(d), effective January 2, 2007, the Mayor shall receive annual compensation in the amount of $200,000, which shall be payable in equal and periodic installments. The compensation shall not be subject to step, cost of living, or other increases.

(b)(1) Members of the Council shall receive compensation in the amount of $115,000 per year; except that the Chairman shall receive compensation pursuant to § 1-204.03(d), which shall be payable in equal and periodic installments. The compensation shall be subject to cost of living increases, but not to step or other increases. For the purposes of this section “cost of living increases” means the Consumer Price Index for all Urban Consumers (all items Washington D.C. Standard Metropolitan Statistical Area average), published on January 1 of each year.

(2) In determining the proper salary level of the Council, the Council shall consider at a minimum:

(A) The salary level of executive agency heads;

(B) Pay increases for nonunion employees of the District;

(C) Any other information the Council deems necessary; and

(D) The recommendations of the Mayor and Council Compensation Advisory Commission established by subchapter XI-A of this chapter.

(b-1) In accordance with § 1-301.85, the Attorney General shall receive compensation in an amount equal to the Chairman of the Council.

(c) Repealed.

(d) In determining the proper compensation level for the Mayor, the Council shall consider the recommendations of the Mayor and the Council Compensation Advisory Commission established by subchapter XI-A of this chapter.


(Mar. 3, 1979, D.C. Law 2-139, § 1109, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, §§ 2, 3(a), 33 DCR 7232; Mar. 16, 1995, D.C. Law 10-225, § 2, 41 DCR 8132; June 10, 1998, D.C. Law 12-124, § 101(n)(5), 45 DCR 2464; Oct. 20, 1999, D.C. Law 13-38, § 502, 46 DCR 6373; Apr. 7, 2006, D.C. Law 16-91, § 110(d), 52 DCR 10637; Mar. 14, 2007, D.C. Law 16-295, § 2(a), 54 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(e), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-612.9.

1973 Ed., § 1-341.9.

Section References

This section is referenced in § 1-123, § 1-602.02, § 1-611.53, § 1-636.02, and § 3-1303.

Effect of Amendments

D.C. Law 13-38 rewrote subsec. (b), which previously read:

“The Chairman of the Council shall receive compensation in an amount equivalent to the highest rate of basic pay authorized for an executive agency head, which shall be made in equal and periodic installments. Each member of the Council other than the chairman shall be paid at an annual rate of $10,000 less than the annual compensation established for the Chairman.”

Section 503 of D.C. Law 13-38 repealed the “Councilmembers’ Salary Freeze Amendment Act of 1994” (D.C. Law 10-225).

D.C. Law 16-91, in par. (b)(1), substituted “pursuant to § 1-204.03(d)” for “in the amount of $102,530 per year”.

D.C. Law 16-295 added (a-1), (b)(2)(D) and (d) and made related changes; and rewrote (b)(1).

The 2015 amendment by D.C. Law 21-36 added (b-1).

Cross References

Lottery and charitable games control board, executive director and deputy director, limitations on compensation, see § 3-1303.

Members of Congress, limitations on compensation, see § 1-123.

Emergency Legislation

For temporary amendment of section, see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 502 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) repeal of D.C. Law 10-225, see § 503 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 days) amendment of this section, see §§ 3 and 5 of the Chief Financial Officer Compensation Emergency Act of 2013 (D.C. Act 20-140, July 31, 2013, 60 DCR 11792, 20 DCSTAT 1984).

For temporary (90 days) amendment of this section, see § 1033(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Councilmembers’ Salary Freeze Temporary Amendment Act of 1994 (D.C. Law 10-168, August 27, 1994, law notification 41 DCR 6403).

For temporary (225 day) amendment of section, see § 2(d) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 days) addition of D.C. Law 2-139, § 1109a, see §§ 3 and 4 of the Chief Financial Officer Compensation Temporary Amendment Act of 2013 (D.C. Law 20-44, October 24, 2013, 60 DCR 14957).

Editor's Notes

Request for Congressional action: Pursuant to § 5 of D.C. Law 10-168 and § 5 of D.C. Law 10-225 the Council requested that the United States Congress enact legislation to repeal § 1-204.03(c).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.10. Compensation — Members of the Board of Education.

Notwithstanding any other provisions of law, each member of the District of Columbia Board of Education shall receive a salary of not more than $15,000 annually; except the President of the Board of Education shall receive not more than $16,000 annually. These sums shall not increase unless by an act of the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 1110, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, § 3(b), 33 DCR 7232; Apr. 9, 1997, D.C. Law 11-198, § 301(a), 43 DCR 4569.)

Prior Codifications

1981 Ed., § 1-612.10.

1973 Ed., § 1-341.10.

Section References

This section is referenced in § 1-602.02 and § 38-2651.

Cross References

Board of education, limitations on member compensation, see § 1-204.95.

Emergency Legislation

For temporary amendment of section, see § 301(a) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

Section 1001 of D.C. Act 12-2 provided for the application of the act.

Temporary Legislation

For temporary (225 day) amendment of section, see § 301(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Editor's Notes

Application of 11-198: Section 1001 of D.C. Law 11-198 provided that Titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.


§ 1–611.11. Classification and compensation policies and procedures for educational employees.

(a) The classification of all positions in the Educational Service shall be in accordance with the policies of § 1-611.01.

(a-1) Notwithstanding any other provision of law, rule, or regulation:

(1) Except for the Chancellor and any Excepted Service employees appointed pursuant to § 1-609.03(a)(4), every employee of the District of Columbia Public Schools shall be:

(A) Classified as an Educational Service employee;

(B) Placed under the personnel authority of the Mayor; and

(C) Subject to all rules of the District of Columbia Public Schools;

(2) Repealed.

(3) Except for the State Superintendent of Education and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of the State Superintendent of Education shall be:

(A) Classified as an Educational Service employee; and

(B) Placed under the personnel authority of the Mayor.

(b) In order to carry out the policies of subsection (a) of this section, the District of Columbia Board of Education shall, for educational employees of the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall, for educational employees of the University of the District of Columbia, provide for the development of a classification system covering all positions. The respective Boards shall provide that all positions covered by this classification system are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 calendar days prior to their proposed effective date. Each Board shall hold a public hearing on all such proposals it publishes in the District of Columbia Register prior to its adoption of a classification system or amendment to such system.

(c) Repealed.

(d) Compensation for all employees in the Educational Service shall be fixed in accordance with the policies of paragraphs (1), (2), (3), (4) [(4) repealed], and (7) of subsection (a) of § 1-611.03.

(e) The new compensation systems authorized by subsection (d) of this section may include, but not be limited to, provisions for basic pay, pay increases based on quality of and length of service, premium pay, allowances, and severance pay.

(f) Each Board shall provide for appropriate consultations with employee organizations in the development of the new compensation systems.

(g)(1) Each Board shall submit to the Mayor a proposed new compensation system developed pursuant to the provisions of subsections (d) and (e) of this section. Any proposed new compensation system submitted to the Mayor by a Board as required by this subsection shall include proposed dates on which the new compensation system shall become effective. Within 20 days of the submission to the Mayor of a new compensation system proposal by a Board, the Mayor shall transmit the proposal to the Council in the form of a proposed resolution. The Mayor shall append to the proposal a statement that includes:

(A) Detailed reasons why the Mayor supports or opposes the proposal; and

(B) Any adjustments that the Mayor would like to have made to the proposal.

(2) Until the new compensation systems are approved, the compensation systems, including the salary and pay schedules in effect on December 31, 1979, shall continue in effect, provided that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(h) The Council shall consider the proposed compensation systems in accordance with its procedures.

(i)(1) Each Board shall provide for the periodic review of its basic compensation systems, in order to improve the system and provide continuing conformity with the policy established by subsection (a) of this section.

(2) These reviews of compensation shall include, but need not be limited to, a review of the adequacy of the rates of basic pay.

(3) Each Board shall provide for appropriate consultations with employee organizations of employees under their respective jurisdiction in the periodic reviews of the compensation system.

(4) Beginning with the year commencing January 1, 1982, each Board shall submit to the Council by no later than October 1st of each year all initial proposed pay changes and adjustments and other proposed changes to the compensation systems if any for approval by resolution under the provisions of this section.

(5) If the Council by resolution approves, without revision, the proposed pay changes, adjustments, or other proposed changes to the compensation system submitted by the Board of Education, such changes shall become effective on the dates specified in the resolution submitted by the Board of Education as provided in paragraph (4) of this subsection. If the Council takes no action on the Board of Education’s proposed change or changes within 60 calendar days of the submission thereof, such change or changes shall be deemed to have been approved by the Council on the day next following the expiration of such 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(6) If the Council desires to revise the proposal from the Board of Education, then, within the 60 calendar days for Council review, the Council may not only disapprove the proposal by resolution according to paragraph (5) of this subsection, but may, also, inform the Board of the Council’s suggested revisions to the proposal and, subsequently, the Board may submit a new proposal.

(7) No pay increase for employees of the Board of Education shall vest unless funds for such pay increase are identified in the transmittal from the Board of Education to the Council concerning such increase.

(8) If the Council by resolution approves pay changes, adjustments, and other changes in a compensation system proposed by the Board of Trustees of the University of the District of Columbia, such changes shall become effective on the dates specified in the resolution submitted by the Board of Trustees as provided in paragraph (5) of this subsection. If the Council takes no action on the proposed change submitted by the Board of Trustees of the University of the District of Columbia within 60 calendar days of the submission thereof, such changes shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(9) If the Council disapproves the change or changes proposed by the Board of Trustees of the University of the District of Columbia, pursuant to paragraph (8) of this subsection, the Board may submit a new proposal.

(10) Repealed.

(11) Repealed.

(j) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

(3) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1111, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(l), 27 DCR 2632; Mar. 5, 1981, D.C. Law 3-150, § 3, 27 DCR 4900; Mar. 16, 1982, D.C. Law 4-78, § 8(b)-(d), 29 DCR 49; Aug. 1, 1985, D.C. Law 6-15, § 7(e), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(o), 33 DCR 7241; May 10, 1989, D.C. Law 7-231, § 3(1), 36 DCR 492; Mar. 15, 1990, D.C. Law 8-94, § 2(d), 37 DCR 782; July 13, 1991, D.C. Law 9-12, § 2(b), 38 DCR 3376; Mar. 5, 1996, D.C. Law 11-98, § 301(d), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 302(n), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(6), 45 DCR 2464; Mar. 20, 2008, D.C. Law 17-122, § 2(c), 55 DCR 1506; Mar. 26, 2008, D.C. Law 17-135, § 2(b), 55 DCR 1683; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(b), 4019(b), 55 DCR 7598; Sept. 26, 2012, D.C. Law 19-171, § 9(d), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-612.11.

1973 Ed., § 1-341.11.

Section References

This section is referenced in § 1-602.02, § 1-603.01, § 1-604.04, § 1-611.01, § 38-2021.13, and § 38-2023.16.

Effect of Amendments

D.C. Law 17-122 rewrote subsec. (a-1).

D.C. Law 17-135, in subsec. (d), substituted “and (7)” for “and (6)”.

D.C. Law 17-219, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

D.C. Law 17-219 repealed subsec. (a-1)(2); and, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

The 2012 amendment by D.C. Law 19-171 substituted “Superintendent of Education” for “Superintendent for Education” twice in the introductory language of (a-1)(3).

Cross References

Retirement of public school teachers, compensation and salaries, see § 38-2023.16.

Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 2(b) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-57, March 17, 2005, 52 DCR 3180).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-298, February 27, 2006, 53 DCR 1877).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-2, January 16, 2007, 54 DCR 1436).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) amendment of section, see § 2(c) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(b) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

For temporary (225 day) amendment of section, see § 502 of Budget Support Temporary Act of 1995 (D.C. Law 11-78, January 26, 1996, law notification 43 DCR 650).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(b) of D.C. Law 16-64, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 16-299, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 17-101, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

University within-grade salary freeze: Section 1101 of D.C. Law 11-52 provided for the prohibition on the receipt of within-grade salary increases for employees of the University of the District of Columbia for 1 year following the effective date of the Fiscal Year 1995 Supplemental Budget and Rescissions of Authority Request Act of 1994 (D.C. Act 10-400).

For temporary prohibition on the receipt of within-grade salary increases by employees of the University of the District of Columbia, see § 1101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.12. Compensation for members of the Public Employee Relations Board.

(a) Notwithstanding any other provision of this subchapter, members of the Public Employee Relations Board shall receive compensation at the rate of $250 per day, or $31.25 per hour, whichever is less, while in the service of the said Board. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period.

(b) During the transition period a person serving on both the Board of Labor Relations and the Public Employee Relations Board shall receive compensation as provided in subsection (a) of this section.

(c) Adjustments to the rate of compensation provided in this section shall be made in accordance with § 1-611.08(b).


(Mar. 3, 1979, D.C. Law 2-139, § 1112, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(m), (n), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-612.12.

1973 Ed., § 1-341.12.

Section References

This section is referenced in § 1-605.01.


§ 1–611.13. Pay setting for fire fighters, police officers and teachers for the fiscal year ending September 30, 1979, and September 30, 1980.

(a)(1) The Mayor of the District of Columbia shall ascertain the average percentage increase to be used by the President of the United States in adjusting rates of pay (to be effective October 1, 1978, and October 1, 1979, respectively) under § 5305(a)(2) of Title 5 of the United States Code, or whether the President of the United States intends to submit to the United States Congress an alternative plan with respect to pay adjustments under § 5305(c) of Title 5 of the United States Code, and the contents of the alternative plan of the President of the United States.

(2) The Mayor of the District of Columbia shall then adjust the rates of pay in each class and service step on the salary schedule in § 5-541.01(a) and in § 38-1963 [repealed], on the 1st pay period after October 1, 1978, and October 1, 1979, respectively, to reflect the average percentage increase given to General Schedule employees. If the alternative plan of the President of the United States becomes effective as provided in § 5305 of Title 5 of the United States Code, the Mayor of the District of Columbia shall adjust the rates of pay to reflect the average percentage increase given to General Schedule employees under such alternative plan. If the alternative plan of the President of the United States is disapproved by the United States Congress, the Mayor of the District of Columbia shall adjust such rates of pay to reflect the average percentage increase of the Presidential adjustments of rates of pay under 5 U.S.C. § 5305(m).

(3) The adjustments in the rates of pay made by the Mayor of the District of Columbia under this section shall be effective on and payable for the 1st day of the 1st pay period beginning on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later.

(b) The rates of pay, which become effective under this section, shall be the rates of pay for each class and service step concerned, as if those rates had been set by statute, and shall remain in effect until amended by the Council of the District of Columbia.

(c) The rates of pay established under this section shall supersede and render inapplicable those corresponding rates of pay set prior to the effective date of the rates of pay set under this section.

(d) The rates of pay that take effect under this section shall be published in the District of Columbia Register.

(e)(1) Retroactive compensation or salary shall be paid by reason of the amendments made by this chapter only in the case of an individual in the service of the District of Columbia government, the Board of Education of the District of Columbia, or of the United States (including service in the armed forces of the United States) on the effective date of this section: Except, that such retroactive compensation or salary shall be paid:

(A) To any employee covered by this section who retired during the period beginning on the 1st day of the 1st pay period which began on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter for services rendered during such period; and

(B) In accordance with the provisions of subchapter VIII of Chapter 55 of Title 5 of the United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on the 1st pay period which began on or after October 1, 1978, or October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter by any such employee who dies during such period.

(2) For the purpose of this subsection, service in the armed forces of the United States in the case of an individual relieved from training and service in the armed forces of the United States, or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia.

(3) For the purpose of determining the amount of insurance for which an individual is eligible under the provisions of Chapter 87 of Title 5 of the United States Code (relating to government employees’ group life insurance), all changes in rates of compensation or salary which result from the enactment of this chapter shall be held and considered to be effective as of the effective date of this chapter.

(f) The process, as set forth in subsection (a) of this section, whereby the salaries of the District of Columbia police, fire fighters, and teachers are adjusted in accordance with the rates of pay for federal General Schedule employees, shall be in effect only for the period commencing on October 1, 1978, and ending on September 30, 1980.


(Mar. 3, 1979, D.C. Law 2-139, § 1114, 25 DCR 5740; Apr. 30, 1988, D.C. Law 7-104, § 36(b), 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-612.13.

1973 Ed., § 1-341.14.

Section References

This section is referenced in § 1-636.02.

References in Text

The references to 5 U.S.C. § 5305 in (a)(1) and (a)(2) are to a former § 5305 which was omitted in a general revision by the Act of Nov. 5, 1990, P.L. 101-509, Title V, § 529, 104 Stat. 1429.


§ 1–611.14. Classification policy; grade levels; publication required; public hearing.

(a) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, the basic pay for an employee in the Career or Excepted Service shall not exceed $50,112.50 per annum.

(b) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, or until an executive pay plan is established by the Council pursuant to § 1-610.33, the basic pay for an employee in the Executive Service shall not exceed $50,112.50 per annum.

(c) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for an employee of the Board of Education shall not exceed $50,112.50 per annum: Except, that of the Superintendent of Schools, which shall not exceed $55,400.00 per annum.

(d) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for educational employees under the Board of Trustees of the University of the District of Columbia whose basic pay as of September 30, 1980, is $50,112.50 per annum or above shall not be increased, nor shall the basic rate of pay of an employee whose basic pay is less than $50,112.50 per annum be paid at a rate in excess of that amount.


(Mar. 3, 1979, D.C. Law 2-139, § 1115; as added Mar. 4, 1981, D.C. Law 3-130, § 2(g), 28 DCR 277; Apr. 12, 2000. D.C. Law 13-91, § 104(a), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-612.14.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), substituted “§ 1-611.53” for “§ 1-612.7”.


§ 1–611.15. Waiver of compensation.

An individual officer or employee of the District of Columbia government entitled to compensation under this subchapter may decline to accept all or any part of such compensation by a waiver signed and filed with the Director of Personnel. The waiver may be revoked in writing at any time. Payment of the compensation waived may not be made for the period during which the waiver was in effect.


(Mar. 3, 1979, D.C. Law 2-139, § 1116; as added Mar. 4, 1981, D.C. Law 3-130, § 2(g), 28 DCR 277.)

Prior Codifications

1981 Ed., § 1-612.15.

Section References

This section is referenced in § 47-1803.03.

Cross References

Gross income, deductions, see § 47-1803.03.


§ 1–611.16. Pay limitations under other laws.

(a) Notwithstanding the provisions of § 2-1605 or § 23-1306, or any other provision or law, no employee of the District of Columbia government shall be authorized to receive pay in excess of that provided for in this subchapter, and any such provision of law that is inconsistent with this section shall be deemed superseded to the extent of such inconsistency.

(b) No employee of the District of Columbia shall be paid at an annualized rate that is higher than the maximum salary for the highest pay grade for which the employee’s position is classified.


(Mar. 3, 1979, D.C. Law 2-139, § 1117; as added June 11, 1981, D.C. Law 4-7, § 2, 28 DCR 1672; Apr. 12, 2000, D.C. Law 13-91, § 104(b), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(i), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.16.

Section References

This section is referenced in § 1-1001.05 and § 1-1162.06.

Effect of Amendments

D.C. Law 13-91 deleted “§ 2-309, § 2-327(a),” preceding “§ 1-2705,”.

D.C. Law 19-115 designated the existing text as subsec. (a); and added subsec. (b).

Cross References

Board of elections and ethics, powers and duties, see § 1-1001.05.


§ 1–611.17. Employee deferred compensation program established.

There is established an employee deferred compensation program as provided in the Deferred Compensation Act of 1984.


(Mar. 3, 1979, D.C. Law 2-139, § 1118; as added Sept. 26, 1984, D.C. Law 5-118, § 6(a), 31 DCR 4034.)

Prior Codifications

1981 Ed., § 1-612.17.

Cross References

Employee deferred compensation program, see § 47-3601 et seq.

References in Text

The “Deferred Compensation Act of 1984,” referred to at the end of the section, is D.C. Law 5-118.


§ 1–611.18. Housing bonus; District of Columbia employees. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1118a; as added Mar. 16, 1989, D.C. Law 7-203, § 2(e), 36 DCR 450; Aug. 17, 1991, D.C. Law 9-33, § 2, 38 DCR 4222.)

Prior Codifications

1981 Ed., § 1-612.18.


§ 1–611.19. Pre-tax benefits programs.

(a)(1) The Mayor may establish certain tax-favored and pre-tax benefits programs as are allowed by the Internal Revenue Code of 1954 (26 U.S.C. § 1 et seq.) and the regulations and interpretations thereunder, including sections 120, 125, 127, 129, and 132 of the Internal Revenue Code.

(2) Employee contributions to benefits programs established pursuant to this chapter, including the District of Columbia Employees Health Benefits Program, may be made on a pre-tax basis in accordance with the requirements of the Internal Revenue Code and, to the extent permitted by the Internal Revenue Code, such pre-tax contributions shall not effect a reduction of the amount of any other retirement, pension, or other benefits provided by law. To the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall be included in the employee’s contributions to existing life insurance, retirement system, and for any other District government program keyed to the employee’s scheduled rate of pay, but shall not be included for the purpose of computing federal or District income tax withholdings, including F.I.C.A., on behalf of any such employee.

(b) The Mayor may enter into an agreement with any personnel authority, as defined in § 1-604.06(b), or independent agency to establish eligibility to participate in any benefits program established under this section.

(c) The Mayor may select one or more contractors to provide such services as may be required to implement any tax-favored program or pre-tax benefits programs in accordance with the provisions of Chapter 3 of Title 2.

(d) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.


(Mar. 3, 1979, D.C. Law 2-139, § 1119; as added Mar. 16, 1993, D.C. Law 9-198, § 2, 39 DCR 9209; Apr. 1, 2017, D.C. Law 21-232, § 2(k), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-612.19.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(k) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(k) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–611.20. Mandatory direct deposit.

(a) Notwithstanding any other provision of law, the only method for the receipt of salary, wages, or any other compensation, and retirement payments by any District of Columbia employee or retiree, whether compensated by the District with District funds or federal funds, shall consist of one of the following:

(1) Direct deposit through electronic funds transfer to a checking, savings, or account designated by the employee or retiree; or

(2) The delivery of the check by U.S. mail to the employee’s or retiree’s place of residence.

(b) The Mayor is authorized to issue rules to implement this section.


(March 3, 1979, D.C. Law 2-139, § 1120; as added Mar. 20, 1998, D.C. Law 12-60, § 601, 44 DCR 7378; Nov. 19, 1997, 111 Stat. 2185, Pub. L. 105-100,§ 156.)

Prior Codifications

1981 Ed., § 1-612.20.

Emergency Legislation

For temporary addition of section, see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Emergency Amendment Act of 1997 (D.C. Act 12-120, August 1, 1997, 44 DCR 4643), and see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-178, October 30, 1997, 44 DCR 6946).

For temporary addition of section, see § 601 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6197), and see § 601 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Temporary Legislation

For temporary (225 day) addition of section, see § 2(a) of Comprehensive Merit Personnel Act Pilot Program Temporary Amendment Act of 1997 (D.C. Law 12-47, April 27, 1998, law notification 45 DCR 1508).

For temporary (225 day) addition, see § 601 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.


§ 1–611.21. Personnel authority pilot programs.

(a) Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with § 1-204.22, the Mayor may implement pilot personnel programs in the areas of classification and compensation in the Department of Employment Services, the Department of Recreation and Parks and the Office of Personnel. Pilot programs may be established during any control period as defined in § 47-393, to help ensure successful implementation of the transformation of the District government workforce.

(b) The Mayor may issue rules and regulations to implement these programs.


(Mar. 3, 1979, D.C. Law 2-139, § 1121; as added June 10, 1998, D.C. Law 12-124, § 101(n)(7), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-612.21.

References in Text

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

Editor's Notes

Applicability of § 101(n) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).


Subchapter XI-A. Mayor and Council Compensation Advisory Commission.

§ 1–611.51. Establishment of the Mayor and Council Compensation Advisory Commission.

The Mayor and Council Compensation Advisory Commission (“Commission”) is established to determine the proper compensation of elected officials in the District of Columbia.


(Mar 3, 1979, D.C. Law 2-139, § 1151; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)

Editor's Notes

Section 7087 of D.C. Law 17-219 repealed section 3 of D.C. Law 16-295.


§ 1–611.52. Composition and term.

(a) The Commission shall consist of 5 voting members and one nonvoting member as follows:

(1) Two members appointed by the Mayor with the advice and consent of the Council;

(2) Three members appointed by the Council by resolution; and

(3) The Director of the Office of Personnel, or his or her designee, as an ex officio nonvoting member.

(b) The Chairperson of the Commission shall be selected the voting members.

(c) Commission members shall serve a 3-year term; except, that the terms shall be staggered such that the first member appointed by the Mayor shall serve a one-year term and the first 2 members appointed by the Council shall each serve a 2-year term, with all other and subsequent appointments serving a 3-year term. A member is eligible for reappointment.

(d)(1) Commission members shall be private citizens generally recognized for their knowledge and experience in management and compensation and have been residents of the District for at least 5 years.

(2) The Mayor, members of the Council, and officers and employees of the District of Columbia or the federal government shall not be eligible for appointment to the Commission.

(e) The Commission shall establish rules and procedures as the Commission shall determine.

(f) Any vacancy on the Commission shall be filled in the same manner as the original appointment. A person appointed to fill a vacancy shall serve the remainder of the unexpired term of the original appointee.

(g) All members of the Commission shall serve without compensation, but may be reimbursed for reasonable actual expenses incurred in the performance of official duties, pursuant to rules issued by the Mayor in accordance with § 1-611.08.


(Mar 3, 1979, D.C. Law 2-139, § 1152; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)


§ 1–611.53. Duties.

The Commission shall:

(1) Conduct an annual review examining the best practices in compensation and benefits for mayors and members of the Council and other elected officials in the surrounding Washington Metropolitan Area, as well as in comparable jurisdictions in the country;

(2) Study the feasibility of allowing a Councilmember to elect between engaging in employment, whether as an employee or as a self-employed individual, or holding a position other than the position as Councilmember for which the member is compensated in an amount in excess of his or her actual expenses and authorizing additional compensation for Councilmembers who agree not to engage in outside employment; and

(3) Develop recommendations for changes in compensation levels for the Mayor or Councilmembers, or a recommendation that no changes be made, based on the review and study conducted pursuant to paragraphs (1) and (2) of this section and:

(A) The duties and level of responsibilities of each position;

(B) The current compensation for the position and the length of time since the last compensation change;

(C) Any change in the cost of living since the last compensation change;

(D) Salary trends for positions with analogous duties and responsibilities, both within government and in the private sector;

(E) Budget limitations;

(F) The information required by § 1-611.09(b)(2)(A) and (B); and

(G) Any other factors it considers to be reasonable, appropriate, and in the public interest.


(Mar 3, 1979, D.C. Law 2-139, § 1153; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)


§ 1–611.54. Reports.

(a) On February 1 of each odd numbered year, the Commission shall submit to the Council, the Mayor, and each Councilmember a draft act, together with a report explaining its recommendations regarding compensation for the Mayor, the Chairman, and individual Councilmembers; provided, that the salary of the Chairman shall be pursuant to § 1-204.03(d). The Commission shall also make the report available to the general public.

(b) The Commission may make recommendations as to salaries for other District of Columbia elected or appointed officials.


(Mar 3, 1979, D.C. Law 2-139, § 1154; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)

Section References

This section is referenced in § 1-611.57.


§ 1–611.55. Meetings and hearings.

(a) The Commission shall meet as frequently as the proper and efficient discharge of its duties may require. A majority of the voting members shall constitute a quorum. The Commission may act by an affirmative vote of a majority of its voting members.

(b) Other than executive sessions to consider privileged matters, the meetings of the Commission shall be open to the public. The discussion of compensation shall not be a privileged matter.

(c) An executive meeting may be convened by a vote of a majority of the voting members of the Commission, upon good cause shown.

(d) The Commission shall hold at least 2 public hearings to take public testimony on any proposed compensation changes, including from compensation experts from the public and private sectors.

(e) The Commission shall maintain minutes of the meetings.


(Mar 3, 1979, D.C. Law 2-139, § 1155; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)


§ 1–611.56. Powers.

(a) All offices, agencies, and instrumentalities of the District government shall fully cooperate with the Commission and provide requested information and documents.

(b) Subject to the availability of appropriations, the Commission may hire or contract for necessary staff and technical assistance or may require any office, agency, or instrumentality of the District government to provide such assistance.


(Mar 3, 1979, D.C. Law 2-139, § 1156; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)


§ 1–611.57. Council action.

Upon receiving the draft act and report from the Commission as required by § 1-611.54, the Chairman shall introduce the proposed legislation at the next legislative session. The Council shall hold a public hearing on the legislation within 6 months of its introduction.


(Mar 3, 1979, D.C. Law 2-139, § 1157; as added Mar. 14, 2007, D.C. Law 16-295, § 2(b), 54 DCR 1092.)

Cross References

Merit system, effective date provisions, see § 1-636.02.


Subchapter XII. Hours of Work; Legal Holidays; Leave.

§ 1–612.01. Hours of work.

(a) A basic administrative workweek of 40 hours is established for each full-time employee and the hours of work within that workweek shall be performed within a period of not more than 6 of any 7 consecutive days; except, that:

(1) The basic workweek for uniformed members of the Firefighting Division of the District of Columbia Fire Department shall not exceed 48 hours and the Division shall operate under a 2-shift system with all hours of duty of either shift being consecutive; and

(2) The basic workweek, hours of work, and tour of duty for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, that the basic work scheduling for all employees in recognized collective bargaining units to these established tours of duty shall be subject to collective bargaining, and collective bargaining provisions related to scheduling shall take precedence over conflicting provisions of this subchapter.

(b) Except when the Mayor determines that an organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, tours of duty shall be established to provide, with respect to each employee in an organization, that:

(1) Assignments to tours of duty are scheduled in advance over periods of not less than 1 week;

(2) The basic 40 hour workweek is scheduled on 5 days, Monday through Friday when practicable, and the 2 days outside the basic workweek are consecutive;

(3) The working hours in each day in the basic workweek are the same;

(4) Overtime shall be paid in accordance with Title XVII and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.);

(5) The occurrence of holidays may not affect the designation of the basic workweek; and

(6) Breaks in working hours of more than 1 hour may not be scheduled in a basic workday except under rules and regulations on flexible work schedules as provided in subsection (e) of this section.

(c) Special tours of duty, of not less than 40 hours, may be established to enable employees to take courses in nearby colleges, universities or other educational institutions that will equip them for more effective work in the District government. Premium pay may not be paid to an employee solely because his or her special tour of duty results in his or her working on a day or at a time of day for which premium pay is otherwise authorized.

(d) To the maximum extent practicable, time to be spent by an employee in a travel status away from his or her official duty station shall be scheduled within the regularly scheduled workweek of the employee.

(e) The Mayor shall issue rules and regulations governing hours of work. Such rules and regulations shall provide for the use of flexible work schedules within the 40 hour workweek when such schedules are considered both practicable and feasible.


(Mar. 3, 1979, D.C. Law 2-139, § 1201, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(p), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(o), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(o)(1), 45 DCR 2464; Apr. 12, 2005, D.C. Law 15-334, § 2(a), 52 DCR 2012; Sept. 24, 2010, D.C. Law 18-223, § 1032(a), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-613.1.

1973 Ed., § 1-342.1.

Section References

This section is referenced in § 1-623.47 and § 38-2021.08.

Effect of Amendments

D.C. Law 15-334 rewrote subsec. (a)(2) which had read as follows: “(2) The basic workweek and hours of work for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, however, that the basic work scheduling for all employees in recognized collective bargaining units shall be subject to collective bargaining, and collective bargaining agreements shall take precedence over the provisions of this subchapter.”

D.C. Law 18-223 rewrote subsec. (b)(4), which had read as follows: “(4) The basic nonovertime workday may not exceed 8 hours;”

Cross References

Retirement of public school teachers, annuities, computation, years of service, see § 38-2021.08.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Emergency Act of 2011 (D.C. Act 19-3, February 2, 2011, 58 DCR 1241).

For temporary (90 day) amendment of § 2 of D.C. Act 19-3, see § 2 of Public Safety Civilian Emergency Personnel Furlough Exemption Emergency Amendment Act of 2011 (D.C. Act 19-28, March 1, 2011, 58 DCR 2587.

For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Congressional Review Emergency Act of 2011 (D.C. Act 19-50, April 27, 2011, 58 DCR 3874).

For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Emergency Adjustment Act of 2012 (D.C. Act 19-382, June 20, 2012, 59 DCR 7760).

For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Congressional Review Emergency Adjustment Act of 2012 (D.C. Act 19-406, July 20, 2012, 59 DCR 9124).

Temporary Legislation

Sections 2 to 4 of D.C. Law 19-1 added sections to read as follows:

“Sec. 2. Furloughing of employees.

“(a)(1) Notwithstanding any other District law or regulation, and except as provided in subsection (b) of this section and section 3, the personnel authority of each subordinate and independent agency and instrumentality of the District of Columbia government shall furlough each of its full-time employees for 4 legal public holidays without pay during the fiscal year ending September 30, 2011, and each of its part-time employees with a scheduled tour of duty for the appropriate pro-rated amount of furlough hours for the 4 furlough days.

“(2) Except as provided in subsection (b) of this section, the unpaid furlough days required by this act shall be scheduled on the following legal public holidays, as that term is described in section 1202 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.02):

“(A) Washington’s Birthday, Monday, February 21, 2011;

“(B) District of Columbia Emancipation Day, Friday, April 15, 2011;

“(C) Memorial Day, Monday, May 30, 2011; and

“(D) Independence Day, Monday, July 4, 2011.

“(b)(1) Each agency and instrumentality shall furlough each covered employee on the designated legal public holidays, unless doing so:

“(A) Would impair the ability of the agency or instrumentality to fulfill its essential or emergency public health or public safety functions;

“(B) Would impair the ability of the agency or instrumentality to fulfill its mission;

“(C) Is not possible because the holiday is not part of an employee’s pay period; or

“(D) Is not legally permissible.

“(2) If a covered employee cannot be furloughed on any of the legal public holidays listed in subsection (a)(2) of this section due to any of the reasons listed in paragraph (1) of this subsection, as determined by the Mayor, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in the same pay period that does not impair the ability of the agency or instrumentality to fulfill its mission, as determined by the Mayor. The District of Columbia Public Schools shall not furlough a classroom teacher on a date when there is classroom instruction during an instructional period.

“(3)(A) Notwithstanding paragraphs (1) and (2) of this subsection, the 4 furlough days required under subsection (a) of this section may be scheduled on alternate dates in the same or subsequent pay periods for covered employees, including correctional officers, working in an agency listed in this paragraph; provided, that each of the covered employees is furloughed the required 4 days by July 31, 2011. This paragraph shall apply to the:

“(i) Department of Youth Rehabilitation Services employees at the Youth Services Center and at New Beginnings;

“(ii) Department of Corrections correctional personnel at the Central Detention Facility;

“(iii) Office of Unified Communications employees; and

“(iv) Office of the Chief Medical Examiner employees.

“(B) The Mayor shall have discretion in the application of the furlough provided under this paragraph.

“(c) To the extent possible, employees who are newly hired after any of the 4 legal public holidays designated as furlough days shall be furloughed during the same pay period of the legal public holiday.

“(d) Unless a subordinate or independent agency or instrumentality has authority to adopt rules governing furloughs and has adopted such rules, each agency and instrumentality is subject to the furlough rules published at 6 DCMR B §§ 2438 through 2446 and 2499, or emergency rules published by the District of Columbia Department of Human Resources to implement the provisions of this act.

“(e)(1) Notwithstanding any other District law or regulation, each employee shall be provided not less than 15 days written notice before the employee’s first furlough date and the provision of 15 days written notice shall be sufficient notice to permit the furloughing of the employee on that first furlough date.

“(2) If an employing agency or instrumentality is unable to give notice in accordance with paragraph (1) of this subsection for the unpaid furlough day specified by subsection (a)(2)(A) of this section, or schedule the furlough day as required by this act, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in any subsequent pay period on or before July 31, 2011.

“Sec. 3. Scope of coverage.

“(a) This act shall apply to all subordinate and independent agencies and instrumentalities, except the following agencies or instrumentalities:

“(1) Not-for-Profit Hospital Corporation;

“(2) District of Columbia Housing Authority;

“(3) District of Columbia Housing Finance Agency;

“(4) Washington Convention and Sports Authority; and

“(5) District of Columbia Water and Sewer Authority.

“(b) The following positions shall be exempt from the coverage of this act:

“(1) Positions in an agency that is the subject of a court order specifically excluding the positions from furlough actions; and

“(2) Certain essential or emergency positions, as determined by the Mayor by executive order, within the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sec. 4. Transfer of funds. All furlough cost savings associated with special purpose revenue or dedicated taxes shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia.”

Section 6(b) of D.C. Law 19-1 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 1031 of D.C. Law 18-223 provided that subtitle D of title I of the act may be cited as the “Overtime Work Hours Amendment Act of 2010”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(l)(1) of D.C. Law 12-124: Section 401(b) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(o)(1) of the act shall apply upon the enactment by the United States Congress of an amendment to 29 U.S.C. § 207 of the Fair Labor Standards Act to exempt the District of Columbia government from the applicability of the overtime provisions when employees are on a compressed work schedule up to 80 hours per pay period. Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 11-210 have not been implemented.

Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 12-124 have not been implemented.


§ 1–612.02. Legal public holidays.

(a) Legal public holidays are as follows:

(1) New Year’s Day, January 1st of each year;

(2) Dr. Martin Luther King, Jr.’s Birthday, the 3rd Monday in January of each year;

(3) Washington’s Birthday, the 3rd Monday in February of each year;

(4) Memorial Day, the last Monday in May of each year;

(5) Independence Day, July 4th of each year;

(6) Labor Day, the 1st Monday in September of each year;

(7) Columbus Day, the 2nd Monday in October of each year;

(8) Veterans Day, November 11th of each year;

(9) Thanksgiving Day, the 4th Thursday in November of each year;

(10) Christmas Day, December 25th of each year; and

(11) Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.

(b) For purposes of pay and leave with respect to a legal public holiday listed in subsection (a) of this section and any other day designated to be a legal holiday by the Mayor, the following rules and regulations shall apply:

(1) For full-time employees whose basic workweek is Monday through Friday, if a legal holiday occurs on Saturday, the Friday immediately before is a legal public holiday and if a legal holiday occurs on Sunday, the Monday immediately following is a legal public holiday;

(2) For full-time employees whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee; and

(3) For part-time employees, a legal holiday or a day designated as a holiday under paragraph (1) of this subsection which falls on the employee’s regularly scheduled workday is a legal public holiday for the employee.

(c) January 20th of each 4th year starting in 1981, Inauguration Day, is a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day. When January 20th of any 4th year falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purposes of this section.

(d) When an employee, having a regularly scheduled tour of duty is relieved or prevented from working on a day District agencies are closed by order of the Mayor, he or she is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.

(e) The Mayor shall prescribe rules and regulations governing the pay and leave of employees in connection with legal public holidays and other designated nonworkdays.

(f) The Board of Trustees of the University of the District of Columbia shall have authority to establish not more than 3 additional holidays to honor persons or events germane to academic interests.


(Mar. 3, 1979, D.C. Law 2-139, § 1202, 25 DCR 5740; Mar. 14, 1985, D.C. Law 5-155, § 2, 32 DCR 11; Feb. 24, 1987, D.C. Law 6-177, § 3(q), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(p), 43 DCR 2978; Apr. 3, 2001, D.C. Law 13-237, § 3(a), 48 DCR 597; Apr. 5, 2005, D.C. Law 15-288, § 3, 52 DCR 1441; Mar. 2, 2007, D.C. Law 16-191, § 95, 53 DCR 6794.)

Prior Codifications

1981 Ed., § 1-613.2.

1973 Ed., § 1-342.2.

Section References

This section is referenced in § 25-723 and § 38-2021.08.

Effect of Amendments

D.C. Law 13-237, in the section heading, inserted “Public”.

D.C. Law 15-288, in subsec. (c), designated the existing text as par. (1), and added par. (2).

D.C. Law 16-191, in subsec. (a), validated a previously made technical correction in par. (9), substituted “; and” for a period at the end of par. (10), and added par. (11); and, in subsec. (c), deleted the par. (1) designation and repealed par. (2), which had read as follows: “(2) April 16 of each year starting in 2005 shall be District of Columbia Emancipation Day, which shall be a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day; provided, that in 2005 and 2006, it shall be celebrated on the date of April 16 and not on the following Monday.”

Cross References

Retirement of public school teachers, annuities, computation, years of service, see § 38-2021.08.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 2 and 3 of District of Columbia Emancipation Day Emergency Amendment Act of 2005 (D.C. Act 16-66, April 20, 2005, 52 DCR 4140).

For temporary (90 day) amendment, see § 2 of District of Columbia Emancipation Day Alternate Date Emergency Amendment Act of 2005 (D.C. Act 16-148, July 26, 2005, 52 DCR 7189).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of District of Columbia Emancipation Day Alternate Date Temporary Amendment Act of 2005 (D.C. Law 16-41, December 10, 2005, law notification 52 DCR 11037).

For temporary (225 day) addition, see § 2(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).

Effective Dates

Section 4(b) of D.C. Law 5-155 provided that §§ 2 and 3 of the act shall take effect January 1, 1986.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.


§ 1–612.02a. Legal private holidays.

A legal private holiday is a day on which any paid family, vacation, personal, compensatory, leave bank or unpaid leave that has been provided by the employer may be granted pursuant to subchapter XII of this chapter and Chapter 12 of Title 32 and includes the District of Columbia Emancipation Day, April 16th of each year.


(Mar. 3, 1979, D.C. Law 2-139, § 1202a; as added Apr. 3, 2001, D.C. Law 13-237, § 3(b), 48 DCR 597.)

Emergency Legislation

For temporary (90 day) addition of section, see § 3(b) of District of Columbia Emancipation Day Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-20, March 16, 2001, 48 DCR 2699).

Resolutions

Resolution 14-409, the “Council Emancipation Day Delegation Emergency Resolution of 2002”, was approved effective April 19, 2002.


§ 1–612.03. Leave.

(a) All employees shall be entitled to earn annual and sick leave as provided herein, except:

(1) Educational employees under the Board of Education or Board of Trustees of the University of the District of Columbia. The leave system for such employees shall be established by rules and regulations promulgated by the respective Boards;

(2) An intermittent employee who does not have a regularly scheduled tour of duty;

(3) Elected officials;

(4) Members of boards and commissions whose pay is fixed under § 1-611.08;

(5) A temporary employee appointed for less than 90 days;

(6) Employees first hired after September 30, 1987; or

(7) Employees covered under subchapter X-A of this chapter.

(b) The days of leave are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays. The annual leave provided by this section, including annual leave that will accrue to an employee during the year, may be granted at any time during the year by the appropriate personnel authority.

(c) An employee who accepts a position excepted from these provisions under subsection (a) of this section, without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for recrediting purposes if he or she returns to a position covered by these provisions.

(d) An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments, or to have the excess leave carried forward as a charge against later accruing annual leave, unless repayment is waived as provided under subchapter XXIX of this chapter.

(e)(1) An employee is entitled to annual leave with pay which accrues as follows:

(A) One-half day for each full biweekly pay period for an employee with less than 3 years of federal or District government service;

(B) Three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of federal or District government service; and

(C) One day for each full biweekly pay period for an employee with 15 or more years of federal or District government service.

(2) For the purposes of this subsection, an employee is deemed employed for a full biweekly pay period if he or she is employed during the days within that period, exclusive of legal holidays and nonworkdays which fall within his or her basic administrative workweek. A part-time employee serving on a prearranged scheduled tour of duty is entitled to earn leave as provided above on a pro rata basis. Leave accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid based on biweekly pay periods. A change in the rate of accrual of annual leave by an employee under this subsection takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.

(f) In determining years of service for leave accrual purposes, an employee is entitled to credit for all service creditable under § 8332 of Title 5 of the United States Code for annuity purposes under Civil Service retirement. An employee who is a military retiree is entitled to credit for active military service only if his or her retirement was based on disability resulting from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by §§ 101 and 301 of Title 38 of the United States Code [revised; see now 38 U.S.C. § 1101]. The determination of years of service may be made on the basis of an affidavit of the employee.

(g) An employee whose current employment is limited to less than 90 days is entitled to annual leave only after being currently employed for a continuous period of 90 days under successive temporary appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him or her since the date of his or her initial temporary appointment.

(h) Annual leave which is not used by an employee accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a calendar year.

(1) Annual leave in excess of 30 days which was accumulated under an earlier statute remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year until the employee’s accumulated leave does not exceed 30 days.

(2) Annual leave which is lost due to administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960, exigencies of the public business when the annual leave was scheduled in advance, or sickness of the employee when the annual leave was scheduled in advance, shall be restored to the employee:

(A) Restored annual leave which is in excess of 30 days shall be credited to a separate leave account for the employee and shall be available for use by the employee for a period of 2 years. Restored leave shall be included in a lump-sum payment if unused and still available upon the separation of the employee;

(B) Annual leave otherwise accruable after June 30, 1960, which is lost because of administrative error and is not recredited because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date on which the error is discovered.

(i) When an individual who received a lump-sum payment for leave is reemployed before the end of the period covered by the lump-sum payment, except in a position excepted under subsection (a) of this section, he or she shall refund an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period.

(j) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period: Except, that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department on the basis of two-fifths of a day for each full biweekly pay period. Sick leave may not be charged to the account of a uniformed member of the Metropolitan Police Department or the Fire Department for an absence due to injury or illness resulting from the performance of duty.

(k) The annual and sick leave to the credit of a federal employee who transfers to the District government without a break in service will be transferred to the credit of the employee under the District government leave system. The annual and sick leave to the credit of an employee who transfers from a position under a different leave system(s) without a break in service shall be transferred on an adjusted basis under rules and regulations prescribed by the Mayor.

(l) An employee is entitled to leave, without loss of pay, leave, or credit for time of service, during a period of absence in which he or she is summoned, in connection with a judicial proceeding, by a court or other authority responsible for the conduct of that proceeding to serve as a juror or as a witness on behalf of any party in connection with judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party.

(m) An employee is entitled to leave without loss in pay, leave, service, or performance rating for active duty, inactive-duty training (as defined in 37 U.S.C. § 101), or to engage in field coast defense training under 32 U.S.C. §§ 502 through 505 as a reserve member of the armed forces or member of the National Guard. Leave under this subsection shall not exceed 15 calendar days per fiscal year and, to the extent that it is not used in a fiscal year, shall accumulate for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year. In the case of part-time employment, the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed above which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee during that fiscal year. The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.

(m-1) An employee who is a member of a reserve component of the armed forces, as described in 10 U.S.C. § 10101, or the National Guard, as described in 32 U.S.C. § 101 and who performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life, property, or the prevention of injury, under the following:

(1) Federal service under 10 U.S.C. §§ 331, 332, 333, or 12406 or other provision of law, as applicable, or

(2) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he or her would be otherwise entitled, and credit for service or a performance rating. Leave granted by this paragraph shall not exceed 22 workdays in a calendar year.

(m-2) Upon the request of an employee, the period for which an employee is absent to perform service described by this subsection may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave. An employee who is a member of the National Guard of the District of Columbia is entitled to leave without limitation and without loss in pay or time for each day of a parade or encampment ordered or authorized under Title 49 of the District of Columbia Official Code. This provision covers each day of service in the National Guard, or a portion thereof, that an employee is ordered to perform by the Commanding General.

(m-3) An amount (other than travel, transportation, or per diem allowance) received by an employee for military service as a member of the reserve or National Guard for a period for which he or she is entitled to military leave shall be credited against the pay payable to the employee for the same period.

(n) An employee is entitled to not more than 3 days of leave without loss of or reduction in pay, leave or service to make arrangements for or attend the funeral or memorial service for an immediate relative.

(o) The Mayor is authorized to issue necessary rules and regulations to implement the provisions of this section.

(p) In units where exclusive recognition has been granted, the Mayor or an appropriate personnel authority may enter into agreements with the exclusive bargaining agent to continue employee coverage under the provisions of this chapter while an employee(s) serves in a full-time or regular part-time capacity with a labor organization at no loss in benefits to the individual employee(s): Provided, however, that the cost to the District shall be paid by the labor organization while the employee(s) is so engaged, and: Provided, further, that this provision shall not limit the negotiability or use of official time by unit employees for the purposes of investigation, processing, and resolving grievances, complaints or any and all other similar disputes.

(q) After advising his or her supervisor, an employee is entitled to utilize up to 10 hours of administrative leave for the purpose of responding to adverse actions initiated under the provisions of subchapter XVI-A of this chapter.

(r) An employee who is a member of the District of Columbia Retirement Board shall be entitled to administrative leave, in accordance with § 1-711(c), while engaged in the actual performance of duties vested in the Board during the employee’s regularly scheduled working hours.


(Mar. 3, 1979, D.C. Law 2-139, § 1203, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(o), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(r), 33 DCR 7241; Mar. 24, 1990, D.C. Law 8-97, § 3(c), 37 DCR 1046; Aug. 1, 1996, D.C. Law 11-152, § 302(q), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(o)(2), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 103(q), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(k), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 2(b), 51 DCR 881; Mar. 14, 2012, D.C. Law 19-115, § 2(j), 59 DCR 461; Sept. 20, 2012, D.C. Law 19-168, § 1092(b), 59 DCR 8025; Feb. 22, 2014, D.C. Law 20-83, § 2(a), 61 DCR 176.)

Prior Codifications

1981 Ed., § 1-613.3.

1973 Ed., § 1-342.3.

Section References

This section is referenced in § 1-610.74, § 1-612.03a, § 32-705, and § 38-2021.08.

Effect of Amendments

D.C. Law 13-91, in subsec. (q), substituted “subchapter XVII-A” for “subchapter XVII”.

D.C. Law 14-213 rewrote subsec. (m); and added subsecs. (m-1), (m-2), and (m-3).

D.C. Law 15-105, in subsec. (m-2), validated a previously made technical correction.

D.C. Law 19-115, in subsec. (h), substituted “20 days” for “30 days”.

The 2012 amendment by D.C. Law 19-168 substituted “30 days” for “20 days” throughout (h).

The 2014 amendment by D.C. Law 20-83 deleted “who died as a result of wound, disease or injury incurred while serving as a member of the armed forces in a combat zone” from the end of (n).

Cross References

Health care benefits expansion, District government employees, leave, see § 32-705.

Retirement of public school teachers, annuities, computation, years of service, see § 38-202

Emergency Legislation

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(o)(2) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–612.03a. Universal leave program.

(a) The Mayor shall develop a universal leave system for Career and Excepted Service employees who were first employed by the District of Columbia government on or after October 1, 1987, excluding police officers, firefighters, and employees excluded from earning leave pursuant to § 1-612.03(a)(1) through (a)(5). The universal leave system shall include disability income protection for non work-related illness and injury.

(b) Within 90 days of the effective date of this section, the Mayor shall submit the universal leave system to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess. If the Council does not approve or disapprove the proposed universal leave system by resolution within the 60-day review period, the proposed universal leave system shall be deemed approved.

(c) The submission to the Council shall at a minimum include the following:

(1) The rate at which universal leave shall be accrued;

(2) The number of universal leave days that may be carried forward from one leave year to the next;

(3) A provision for employees who are denied the opportunity to use their universal leave;

(4) The percentage of income to be received under any disability insurance program and its tax status;

(5) The definition of “disability” and a method for dispute resolution;

(6) The stipulated waiting period before disability insurance income would commence;

(7) The period of disability income protection;

(8) Transition provisions;

(9) The effective date of the universal leave system; and

(10) Fiscal impact.


(Mar. 3, 1979, D.C. Law 2-139, § 1203a; as added June 10, 1998, D.C. Law 12-124, § 101(o)(3), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-613.3a.

Editor's Notes

Applicability of § 101(o)(3) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).


§ 1–612.03b. Donor leave.

(a) An employee shall be entitled to up to 30 days of leave to serve as an organ donor, and up to 7 days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service, in a calendar year.

(b) The provisions of subsection (a) of this section shall only apply if the employee is a volunteer donor, and any compensation received by the employee is limited to costs and expenses associated with organ or bone marrow donations.

(c) The Mayor shall prescribe rules and regulations to implement the provisions of this section.


(Mar. 3, 1979, D.C. Law 2-139, § 1203b; as added June 25, 2002, D.C. Law 14-148, § 2, 49 DCR 4231.)


§ 1–612.03c. Family leave.

(a) An eligible employee shall receive leave with pay for family leave of not more than 8 workweeks within a 12-month period for a single qualifying event.

(b) Leave authorized by this section for a single qualifying event:

(1) May be exercised by an eligible employee only within the 12-month period following the qualifying event;

(2) May be used in no less than one-day increments, either consecutively or intermittently; and

(3) Shall count against the 16 workweeks of family leave provided under § 32-502.

(c) If an employee using leave under this section is serving in a probationary capacity, the employee’s probationary period shall be extended by the duration of the leave used.

(d) An eligible employee using leave under this section shall enjoy the same employment and benefit protections afforded to an employee under § 32-505; provided, that § 32-505(f) shall not apply under this section.

(e) An agency may require that a request for leave under this section be supported by appropriate certification or other supporting documentation. An agency shall keep any information regarding the family relationship confidential.

(f) Each agency shall maintain an accounting of leave used under this section and any records related to its use.

(g) For the purposes of this section, the term:

(1) “Child” means:

(A) A person under 21 years of age;

(B) A person, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; or

(C) A person who is under 23 years of age who is a full-time student at an accredited college or university.

(2) “Eligible employee” means a District government employee; provided, that the term “eligible employee” does not include:

(A) A short-term employee appointed for less than 90 days; or

(B) An employee with intermittent employment.

(3) “Family member” means:

(A) A person to whom the employee is related by blood, legal custody, domestic partnership, or marriage;

(B) A foster child;

(C) A child who lives with the employee and for whom the employee permanently assumes and discharges parental responsibility; or

(D) A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship.

(4) “Qualifying event” means one of the following:

(A) The birth of a child of the employee;

(B) The legal placement of a child with the employee (such as through adoption, guardianship, or foster care);

(C) The placement with the employee of a child for whom the employee permanently assumes and discharges parental responsibilities; or

(D) The care of a family member of the employee who has a serious health condition.


(March 3, 1979, D.C. Law 2-139, § 1203c; as added Feb. 26, 2015, D.C. Law 20-155, § 1052(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7026, 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote (g)(2).

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, as enacted by D.C. Law 20-155, § 1052(b), see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 7016(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

For temporary (225 days) repeal of D.C. Law 20-155, § 1053, see § 2(f)( 1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Editor's Notes

Section 1053 of D.C. Law 20-155 provided that an employee may exercise leave under § 1-612.03c for a qualifying event that occurred before Feb. 26, 2015; provided, that the employee otherwise meets the requirements of § 1-612.03c.

Section 1053 of D.C. Law 20-155 was repealed by D.C. Law 21-36, § 7024(a).


§ 1–612.04. Definitions.

For purposes of §§ 1-612.04 through 1-612.10, the term:

(1) “Agency” shall have the meaning provided in § 1-603.01(1).

(2) “Employee” shall have the meaning provided in § 1-603.01(7), except that it shall mean only an employee who is eligible to accrue annual leave.

(3) “Leave donor” means an employee who donates annual leave to the annual leave bank created in accordance with § 1-612.05.

(4) “Leave recipient” means an employee whose personnel authority has approved the employee’s application to receive annual leave from the annual leave bank.

(5) “Medical emergency” means a medical condition of an employee or a member of an employee’s family that is likely to require the employee’s absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

(6) “Personnel authority” shall have the meaning provided in § 1-603.01(14).


(Mar. 3, 1979, D.C. Law 2-139, § 1204; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.4.

Section References

This section is referenced in § 1-612.11.


§ 1–612.05. Annual leave bank.

(a) There is established within the District of Columbia (“District”) government an annual leave bank. An employee may donate annual leave to the bank and withdraw annual leave from the bank in accordance with §§ 1-612.06, 1-612.07, and 1-612.08 and under guidelines promulgated by the Mayor pursuant to § 1-612.11.

(b) The Mayor shall maintain an overall accounting of deposits and withdrawals to and from the annual leave bank.

(c) Each personnel authority shall keep an accounting of the amount and value of employee donations to and withdrawals from the bank. The accounting shall be provided to the Mayor on a quarterly basis.

(d) A personnel authority may enter into an agreement with another personnel authority to establish an annual leave bank program or to join an already existing annual leave bank program. The personnel authorities shall provide a copy of the written agreement to the Mayor and the Director of Personnel within 10 days of the agreement.


(Mar. 3, 1979, D.C. Law 2-139, § 1205; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(4), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-613.5.

Section References

This section is referenced in § 1-612.04.

Editor's Notes

Applicability of § 101(o)(4) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–612.06. Donations.

(a) A potential leave donor may submit a voluntary written request to the potential leave donor’s personnel authority that a specified number of hours of the employee’s accrued annual leave be donated to the annual leave bank. The donation shall be made to the annual leave bank in accordance with procedures established pursuant to § 1-612.11.

(b) A leave donor may not donate more than a total of one-half of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored leave without limitation; however, the personnel authority or his or her designee may, in special circumstances, waive the limitation of the amount of annual leave that can be donated by an employee once the employee has donated the minimum of 4 hours of leave.

(b-1) A leave donor may designate the employee who is to receive the donated leave if the employee has applied for and been approved as a leave recipient. Any remaining donated annual leave, if not used by the designated leave recipient, becomes the property of the annual leave bank program for use by other leave recipients.

(c) The value of the leave donated by the leave donor shall be in an amount equal to the hourly rate of pay of the leave donor multiplied by the number of hours of annual leave donated.


(Mar. 3, 1979, D.C. Law 2-139, § 1206; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(5), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-613.6.

Section References

This section is referenced in § 1-612.05.

Editor's Notes

Applicability of § 101(o)(5) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–612.07. Application for withdrawal.

An application for withdrawal shall proceed as follows:

(1) An employee who has been affected by a medical emergency may make written application to the employee’s personnel authority to become a leave recipient;

(2) If the employee is not capable of making application on the employee’s own behalf, another employee of the personnel authority may make written application on the employee’s behalf; and

(3) The application shall be notarized by the affected employee or the employee acting on the affected employee’s behalf.


(Mar. 3, 1979, D.C. Law 2-139, § 1207; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.7.

Section References

This section is referenced in § 1-612.05.


§ 1–612.08. Approval of application for withdrawal.

(a) The potential leave recipient’s personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to § 1-612.11.

(b) Before approving an application to become a leave recipient, the personnel authority shall determine that:

(1) The request to become a leave recipient has been necessitated by a medical emergency;

(2) The absence from duty because of the medical emergency is, or is expected to be, at least 10 workdays;

(3) The potential leave recipient has previously donated a minimum of 4 hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient; and

(4) The potential leave recipient does not possess accrued paid leave sufficient to cover the expected period of absence from work.

(c) The value of the annual leave received by the leave recipient shall be in an amount equal to the hourly rate of pay of the leave recipient multiplied by the number of hours of annual leave received.


(Mar. 3, 1979, D.C. Law 2-139, § 1208; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.8.

Section References

This section is referenced in § 1-612.05.


§ 1–612.09. Use of donated annual leave.

A leave recipient may use annual leave received from the leave bank in the same manner and for the same purposes as if the leave recipient had accrued the leave, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient, or any advanced sick leave or compensatory time shall be used before any leave from the leave bank shall be used.


(Mar. 3, 1979, D.C. Law 2-139, § 1209; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.9.


§ 1–612.10. Termination of medical emergency.

The medical emergency affecting a leave recipient shall terminate when:

(1) The leave recipient’s employment terminates; or

(2) The leave recipient is no longer affected by the medical emergency.


(Mar. 3, 1979, D.C. Law 2-139, § 1210; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.10.


§ 1–612.11. Rules.

The Mayor shall issue proposed rules to implement the provisions of §§ 1-612.04 through 1-612.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.


(Mar. 3, 1979, D.C. Law 2-139, § 1211; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)

Prior Codifications

1981 Ed., § 1-613.11.

Section References

This section is referenced in § 1-612.05, § 1-612.06, and § 1-612.08.


Subchapter XII-A. Voluntary Leave Transfer Program.

§ 1–612.31. Definitions.

For purposes of this subchapter, the term:

(1) “Agency” shall have the meaning provided in § 1-603.01(1).

(2) “Child” means any person:

(A) Under 21 years of age;

(B) Twenty-one years of age or older and is substantially dependent upon the recipient employee by reason of physical or mental disability; or

(C) Under 23 years of age and is a full-time student.

(3) “Domestic partner” shall have the meaning provided in § 32-701.

(4) “Employee” shall have the meaning provided in § 1-603.01(7), except that it shall mean an employee who is eligible to accrue annual or universal leave.

(5) “Head” shall have the meaning provided in § 1-603.01.

(6) “Immediate relative” means:

(A) An individual who is related to the recipient employee by blood, marriage, adoption, or domestic partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle, grandparent, grandchild, or similar familial relationship;

(B) An individual for whom the recipient employee is the legal guardian; or

(C) A fiancé, fiancée, or domestic partner.

(7) “Independent agency” shall have the meaning provided in § 1-603.01(13).

(8) “Intimidate, threaten, or coerce” includes promising to confer or conferring any benefit such as appointment, promotion, or compensation, or effecting, or threatening to effect, any reprisal such as deprivation of appointment, promotion, or compensation.

(9) “Leave contributor” means an employee who contributes annual or universal leave to be transferred to a designated recipient employee.

(10) “Personal care” means custodial or primary assistance that helps an individual with activities of daily living, including bathing, eating, dressing, and continence. The term “personal care” shall include the recent adoption of a child and the care of a newborn child.

(11) “Prolonged absence” means an employee’s absence from duty for at least 10 consecutive workdays that will result in a substantial loss of income to the employee because of the unavailability of paid leave.

(12) “Recipient employee” means an individual employed by the District government for a minimum of one year without a break in service who is designated to receive annual or universal leave transferred from a leave contributor.

(13) “Serious health condition” means pregnancy or a physical or mental illness, injury, or impairment that involves a hospital, hospice, or residential health care facility or continuing treatment at home by a competent health care provider or other individual.


(Mar. 3, 1979, D.C. Law 2-139, § 1231; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 13, 2005, D.C. Law 15-354, § 5(c), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 118(b), 52 DCR 10637; Feb. 22, 2014, D.C. Law 20-83, § 2(b), 61 DCR 176.)

Effect of Amendments

D.C. Law 15-354, in par. (4), validated a previously made technical correction.

D.C. Law 16-91, in par. (4), validated a previously made technical correction.

The 2014 amendment by D.C. Law 20-83 rewrote (6).


§ 1–612.32. Voluntary leave transfer program.

(a) The Council, each agency, and each independent agency shall establish a voluntary leave transfer program under which annual or universal leave accrued or accumulated by an employee may be transferred on an hour-for-hour basis within the agency to the annual or universal leave account of any other eligible agency employee.

(b) A voluntary transfer of leave is authorized when a potential recipient employee will suffer a prolonged absence due to the employee’s serious health condition or the employee’s responsibility to provide personal care to an immediate relative.

(c) A recipient employee shall be eligible to receive a maximum of 320 hours of transferred leave during any 12-month period. Any unused transferred leave shall be forfeited or may be transferred to the annual leave bank upon the concurrence of the the Secretary to the Council, if the recipient employee is an employee of the Council, or the Director of Human Resources, if the recipient employee is an employee of an agency or independent agency.

(d)(1) Notwithstanding any other provision of this section, if the head of an agency, or in the case of the Council, the Secretary to the Council, determines that any organization or program within the Council, agency, or independent agency is being substantially disrupted in carrying out its functions or is incurring additional costs because of its participation in the voluntary leave transfer program, the agency head, or in the case of the Council, the Secretary to the Council, may exclude from the program any employee or group of employees.

(2) If the head of an agency excludes an employee or group of employees from the voluntary leave transfer program, he or she shall submit a report to the Director of Human Resources specifying how the organization or program would be substantially disrupted in carrying out its functions or would incur additional costs. This information shall be included in the Voluntary Transfer of Leave Program Report required under § 1-612.38. This paragraph shall not apply to the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 1232; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 13, 2005, D.C. Law 15-354, § 5(d), 52 DCR 2638; Apr. 1, 2017, D.C. Law 21-232, § 2(l), 64 DCR 876.)

Section References

This section is referenced in § 1-612.38.

Effect of Amendments

D.C. Law 15-354, in par. (2) of subsec. (d), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–612.33. Application to receive transferred leave.

(a) An employee who expects to experience a prolonged absence may make written application to the agency head or designee, or in the case of an employee of the Council, to the Secretary to the Council, to become a recipient employee.

(b) If the employee is not capable of making an application, another employee of the agency may make written application on the employee’s behalf.

(c) The application shall include at least the following:

(1) The anticipated duration of the prolonged absence;

(2) The name, position title, and grade of the proposed recipient employee;

(3) The name and organizational location within the Council, agency, or independent agency as appropriate of the potential leave contributor; and

(4) The amount of leave requested.

(d) The Council or an agency shall require submission of the following:

(1) An affidavit signed by the recipient employee attesting to the fact that the individual requiring personal care is an immediate relative or that the personal care is due to the recent adoption of a child or care of a newborn child; and

(2) Certification from a physician or other licensed healthcare professional that the recipient employee has experienced a serious health condition or that the recipient employee’s immediate relative requires personal care, except that no certification shall be required in cases of pregnancy, the recent adoption of a child, or care of a newborn child.


(Mar. 3, 1979, D.C. Law 2-139, § 1233; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(m), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(m) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(m) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–612.34. Leave contributions.

(a) A potential leave contributor may, by written application to the agency head or designee, or in the case of an employee of the Council, to the Secretary to the Council,, request that a specified number of hours be transferred from the annual or universal leave account of the employee to the annual or universal leave account of a potential recipient employee.

(b) A leave contributor shall not contribute more than 1/2 of the amount of annual or universal leave that the leave contributor would be entitled to accrue during the leave year; provided, that a leave contributor may contribute restored leave without limitation.


(Mar. 3, 1979, D.C. Law 2-139, § 1234; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(n), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(n) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(n) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–612.35. Approval or disapproval of leave transfer.

(a) Before approving an application, the agency head or designee, or in the case of an employee of the Council, the Secretary to the Council, shall determine that the request to become a recipient employee has been necessitated by a prolonged absence due to the employee’s serious health condition or the employee’s responsibility to provide personal care to an immediate relative.

(b) In approving or disapproving the application, the agency head or designee, or in the case of an employee of the Council, the Secretary to the Council, may consider the leave record of the potential receiving employee, the probability that the recipient employee will separate from service, and any exigency or disruption in service that the agency, independent agency, or, in the case of the Council, the relevant Council office, may experience.

(c) The agency head or designee, or in the case of an employee of the Council, the Secretary to the Council, shall approve or disapprove an application of a proposed recipient employee and, to the extent practicable, shall notify the proposed recipient employee or the employee acting on behalf of the proposed recipient employee within 15 calendar days of receipt of the application. Notwithstanding any other law, if the recipient employee is eligible for leave under the Family and Medical Leave provisions of 28 U.S.C. § 2601 et seq., the leave transfer shall be granted.


(Mar. 3, 1979, D.C. Law 2-139, § 1235; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(o), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(o) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(o) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–612.36. Receipt and use of transferred leave.

(a) The Council, each agency, and each independent agency shall maintain an accounting of the voluntary leave transfer program and the leave records of the recipient employee and the leave contributor.

(b) A recipient employee may use contributed annual or universal leave transferred under this section in the same manner as if the leave had accrued to the recipient employee; provided, that any annual, universal leave, sick leave, or advanced leave shall be exhausted before any transferred leave may be used.

(c) During the period in which transferred leave is being used, no annual, universal, or sick leave shall accrue to the recipient employee.

(d) Use of transferred leave shall terminate when:

(1) The recipient employee is no longer affected by the serious health condition or is not responsible for providing personal care to the immediate family member; or

(2) The recipient employee separates from employment.

(e) Unused transferred leave shall not be subject to any form of lump-sum leave payment upon the recipient employee’s separation from employment.


(Mar. 3, 1979, D.C. Law 2-139, § 1236; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(p), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(p) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(p) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–612.37. Prohibition of coercion.

An employee shall not directly or indirectly intimidate, threaten, or coerce any other employee for the purpose of interfering with any right that the employee may exercise to contribute, receive, or use annual or universal leave.


(Mar. 3, 1979, D.C. Law 2-139, § 1237; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819.)


§ 1–612.38. Voluntary Transfer of Leave Program Report.

On or before February 1 of each year, the Office of Personnel shall provide a Voluntary Transfer of Leave Program Report to the Council. The report shall include:

(1) A comprehensive list of all voluntary leave bank contributors;

(2) A comprehensive list of all transfer of leave recipients;

(3) Documentation demonstrating that proper deductions have been taken from the contributor’s leave accrual;

(4) Documentation demonstrating the actual transfer of leave to the recipient; and

(5) If the head of an agency excludes an employee or group of employees from the program under § 1-612.32(d) because an organization or program within the agency would be substantially disrupted in carrying out its functions or would incur additional costs:

(A) The manner in which the organization or program within the agency would be substantially disrupted in carrying out its functions; or

(B) The amount of additional costs which will be incurred and the reasons that they will be incurred.


(Mar. 3, 1979, D.C. Law 2-139, § 1238; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819.)

Section References

This section is referenced in § 1-612.32.

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Merit system, continuation of existing laws, see § 1-632.06.

Merit system, effective date provisions, see § 1-636.02.

Merit system, life insurance, withholdings from employees and annuitants, see § 1-622.10.

Public assistance, workers’ compensation, recipients of Temporary Assistance for Needy Families, see § 4-205.19k.

Workers’ compensation, “employee” defined, see § 32-1501.


Subchapter XIII. Employee Development.

§ 1–613.01. Programs for employee development.

(a) The Mayor and the District of Columbia Board of Education shall each install and maintain programs for the training and development of their respective employees through planned courses, systems, or other instruction or education in fields which are or will be related to the performance of official duties for the District, in order to increase their knowledge, proficiency, ability, skill and qualifications in the performance of these duties. This system of training shall be created to ensure that the principles of efficiency, economy and equitable treatment for all employees is carried out for the successful operation of the District government.

(a-1)(1) The Mayor shall undertake a comprehensive analysis of all training and development programs available to District employees and shall establish a comprehensive plan (“Plan”) to expand training opportunities for all District employees. The plan shall include a review of federal training programs, courses, and professional certifications and a recommendation of whether to centralize administration and coordination of training functions within the Department of Human Resources.

(2) The Mayor shall provide the Plan required by this subsection to the Council no later than December 31, 2012.

(b) When educational facilities under the control and direction of the District government are not the most economical available to carry out the provisions of this section, the Mayor and the District of Columbia Board of Education may make arrangements and agreements with colleges, universities, educational institutions, appropriate institutions or corporations. The appropriate personnel authority shall have the authority to enter into these arrangements and agreements for employee development. The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning what items must be included in agreements for employee development activities relying on non-District facilities.

(c)(1) An employee shall not suffer a loss in pay, tenure, or other rights and benefits by reason of participation in any training or career development program when such participation has been approved or authorized by the District government.

(2) The District may: (A) Pay all or a part of the pay of an employee selected and assigned for training under this section (except overtime, holiday, night, or Sunday premium pay); and (B) pay all or a part of the necessary expenses of the training, including the employee’s costs of travel, subsistence, transportation, tuition, fees, books, and related materials; and membership fees to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent for the training. The prohibition in this subsection on payment of premium pay may be waived when the Mayor determines that payment of premium pay would be in the interests of equity and good conscience or in the public interest.

(d)(1) An employee selected for training under this section in a university, college, or other educational institution not controlled by the District shall agree in writing with the District that he or she will:

(A) Continue in the service of the District after the end of the training period for a period of time at least equal to the length of the training period, unless he or she is involuntarily separated from that service; and

(B) Pay to the District the amount of expenses incurred by it in connection with the training, other than his or her pay, if he or she voluntarily leaves that service before the end of the period for which he or she had agreed to serve.

(2) If an employee fails to fulfill the agreement under this subsection to pay the expenses of the training, a sum equal to those expenses is recoverable by the District from the employee, or his or her estate, by setoff against pay, amount of retirement credit, or other amount due the employee from the District.

(3) The right of recovery under paragraph (2) of this subsection may be waived, in whole or in part, by the Mayor and the District of Columbia Board of Education if recovery would be against equity and good conscience, or against the public interest.

(4) The Mayor and the District of Columbia Board of Education may exempt from the requirement for entering into a written agreement under this subsection the following:

(A) An employee selected for training that does not exceed 80 hours within a single program;

(B) An employee selected for training which is given through a correspondence course; and

(C) An employee selected for training in a manufacturer’s training facility, if that training is the direct result of the lease or purchase of that manufacturer’s product by the District government.

(e) The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning the implementation of this subchapter, consistent with equal employment opportunities and standards.

(f) The head of each District agency shall prepare an annual employee development plan which identifies subject matter areas where training is needed, the types of programs and courses which could be used to meet those identified training needs and the types of training activities which will be carried out in the coming year.

(1) The annual employee development plan should also evaluate the impact and success of prior training and employee development activities. Cost figures should include employee pay and benefit expenses while engaged in training on official time, tuition expenses and other fees, travel costs, and other appropriate items.

(2) The Council may review and inspect all plans developed in accordance with this subsection.

(g) Programs developed under the authority of this subchapter are appropriate matters for collective bargaining with labor organizations.

(h) The Mayor shall maintain a record in each employee’s personnel file of the training and development programs in which the employee has participated. The Mayor may dictate the content of the record; provided, that it includes:

(1) The name of each program;

(2) The length of each program;

(3) Any certification or endorsement associated with each program; and

(4) The cost of each program.


(Mar. 3, 1979, D.C. Law 2-139, § 1301, 25 DCR 5740; Sept. 20, 2012, D.C. Law 19-168, § 1142, 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-614.1.

1973 Ed., § 1-343.1.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added (a-1) and (h).

Emergency Legislation

For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).


Subchapter XIII-A. Performance Management.

§ 1–613.51. Performance management system established.

There is established a comprehensive performance management system designed to:

(1) Inform employees of work expectations;

(2) Hold employees accountable for their performance, which shall include a direct relationship between the rating received pursuant to § 1-613.52 and the receipt of any periodic step increase or of any performance based increase that may be established under the compensation system authorized by subchapter XI;

(3) Objectively evaluate employees’ work performance based on criteria that have been made known to the employees;

(4) Improve employee performance through training;

(5) Recognize employee accomplishment; and

(6) Include customer satisfaction as an evaluation factor.


(Mar. 3, 1979, D.C. Law 2-139, § 1351; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 103(q), 47 DCR 520; June 24, 2000, D.C. Law 13-131, § 2(a), 47 DCR 2692.)

Prior Codifications

1981 Ed., § 1-614.51.

Effect of Amendments

D.C. Law 13-131 rewrote subd. (2), which previously read:

“Hold employees accountable for their performance, which shall include the requirement that an employee receive a rating of either ‘achieved expectations’ or ‘exceeded expectations’ pursuant to § 1-614.52 for the rating period immediately prior to the due date for a periodic step increase to be able to receive that step increase, and that each failure to achieve the required rating shall result in the due date for the step increase being delayed for an additional year;”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).

For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).

Editor's Notes

Applicability of § 101(p) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.”

Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Delegation of Authority

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, effective July 20,2007 (D.C. Act 17-71), see Mayor’s Order 2007-182, August 8, 2007 ( 54 DCR 11616).

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, D.C. Act 17-71, effective July 20, 2007, see Mayor’s Order 2007-195, August 24, 2007 ( 54 DCR 11633).

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).


§ 1–613.52. Performance management system.

The performance management system shall provide for:

(1) The development of individual performance plans for all employees;

(2) Ratings based on one or more of the following performance management components:

(A) Standards;

(B) Objectives;

(C) Real-time tasks and assignments; and

(D) Competencies;

(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of § 1-624.02(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of § 1-624.02(b)(4);

(4) A rating process, with (at a minimum) annual evaluations which may include input from citizens, customers, peers, the employee, subordinates, and supervisors;

(5) A removal and reconsideration process, which may include the alternatives of reassignment and demotion; and

(6) An opportunity to demonstrate an improvement in performance during the reconsideration process.


(Mar. 3, 1979, D.C. Law 2-139, § 1352; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; June 24, 2000, D.C. Law 13-131, § 2(b), 47 DCR 2692.)

Prior Codifications

1981 Ed., § 1-614.52.

Section References

This section is referenced in § 1-613.51.

Effect of Amendments

D.C. Law 13-131 rewrote subd. (3), which previously read:

“Rating levels of:

“(A) Exceeds expectations (outstanding);

“(B) Achieved expectations;

“(C) Below expectations; and

“(D) Failed expectations (unacceptable);”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).

For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).

Editor's Notes

Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.


§ 1–613.53. Transition provisions.

(a) Until regulations are issued by the Mayor, the Board of Education and the Board of Trustees of the University of the District of Columbia to implement the provisions of this subchapter for their respective employees, the performance evaluation systems in effect on June 10, 1998, shall continue in effect.

(b) Notwithstanding any other provision of law or of any collective bargaining agreement, the implementation of the performance management system established in this subchapter is a non-negotiable subject for collective bargaining.


(Mar. 3, 1979, D.C. Law 2-139, § 1353; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-614.53.

Editor's Notes

Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.


Subchapter XIV. Performance-Rating Plans. [Repealed].

§ 1–614.01. Established. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1401, 25 DCR 5740; Sept. 18, 1981, D.C. Law 4-30, § 2, 28 DCR 3118; Feb. 24, 1987, D.C. Law 6-177, § 3(s), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(r), 43 DCR 2978; Mar. 24, 1998, D.C. Law 12-81, § 2(b), 45 DCR 745; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-615.1.

1973 Ed., § 1-344.1.

Editor's Notes

Applicability of § 101(q) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.


§ 1–614.02. Content requirements. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1402, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-615.2.

1973 Ed., § 1-344.2.

Editor's Notes

Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.


§ 1–614.03. Ratings. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1403, 25 DCR 5740; June 10, 1998, D.C. Law 12-154, § 101(q), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-615.3.

1973 Ed., § 1-344.3.

Editor's Notes

Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.


§ 1–614.04. Review of ratings. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1404, 25 DCR 5740; Mar. 5, 1981, D.C. Law 3-158, § 10(i), 27 DCR 5127; Sept. 26, 1995, D.C. Law 11-52, § 803(a), 42 DCR 3684; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-615.4.

1973 Ed., § 1-344.4.

Editor's Notes

Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.


§ 1–614.05. Other rating procedures prohibited; exception. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1405, 25 DCR 5740; May 16, 1995, D.C. Law 11-16, § 2(a), 42 DCR 1394; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-615.5.

1973 Ed., § 1-344.5.

Editor's Notes

Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.


Subchapter XIV-A. Managers Accountability.

§ 1–614.11. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means any office, department, division, board, commission, or other agency of the District government, including both subordinate agency and independent agency, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term “agency” does not include the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.

(2) “Performance measures” means the methods of gauging the outcomes and outputs of publicly funded activities through procedures and devices, including, but not limited to, existing agency records, citizen surveys, and trained observer ratings.

(3) “Performance plan” means the strategic description of how an agency’s mission and goals will be accomplished and shall consist of functions, activities, operations, and projects and both qualitative and quantitative measures required for effective implementation. The performance plan shall also include the following:

(A) Mission statement: A statement of central purpose of the organizational entity;

(B) Objectives: Broad statements of the desired benefits from the performance of the central purpose; and

(C) Goals: Target levels of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate.

(4) “Performance report” means the annual device by which District agencies report to the Council on the progress of management employees and other personnel toward achieving the objectives and goals in the performance plan.

(5) “Management employee” means any person whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.

(6) “Nonmanagement personnel” means any person whose functions do not include responsibility for project management or supervision of staff, and are subject to the control and supervision by management employees.

(7) “Significant activities” means activities that are central to the functions, goals, and services of the agency, program, or project.

(8) “Publicly funded” or “public funds” means support by any governmental source.


(Mar. 3, 1979, D.C. Law 2-139, § 1411; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Apr. 12, 2000, D.C. Law 13-91, § 106, 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-615.11.

Section References

This section is referenced in § 1-609.52, § 1-609.58, and § 4-1345.03.

Effect of Amendments

D.C. Law 13-91, in subd. (3)(C), substituted “measurable” for “measureable”.


§ 1–614.12. Performance plan.

(a) Not later than January 1, 1996, and coincident with annual budget submissions to the Council in succeeding years, each agency of the District of Columbia shall develop and submit to the Council a performance plan that covers all publicly funded activities of the agency.

(b) The performance plan shall state measurable, objective performance goals and objectives for all significant activities of the government of the District of Columbia, including activities supported in whole or in part by public funds, but performed in whole or in part by some other public or private entity.

(c) Control center and responsibility center budgetary information shall be organized along specific program lines with corresponding statements of goals and objectives included in the performance plan.

(d) For each agency and major program covered by the performance plan, there shall be one or more measures of performance, that addresses both quantity and quality. The performance measures may include program outputs and activity levels, but should also include measures of program outcomes and results.

(e) The performance plan shall state the name and position of the management employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employees.

(f) Any change in resources or reprogramming within the agency shall require appropriate revision to the performance plan by the agency.


(Mar. 3, 1979, D.C. Law 2-139, § 1412; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802, 47 DCR 6308; Oct. 19, 2000, D.C. Law 13-172, § 1802(a), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 1-615.12.

Effect of Amendments

D.C. Law 13-172 rewrote subsec. (e), which previously read:

“For each measure of performance there shall be at least 2 stated objectives, one designated as an acceptable level of performance and the other designated as a superior level of performance. The performance plan shall also state the position, and immediate supervisor or superior of the District of Columbia management employee, and the identity of nonmanagement personnel who are most directly responsible for the achievement of each performance measure.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Mayor's Orders

Government Managers Accountability Act of 1995—FY 96 Performance Report and FY 98 Performance Plan: See Mayor’s Order 97-8, January 14, 1997 ( 44 DCR 490).


§ 1–614.13. Performance report.

(a) Not later than January 1, 1997, and on January 15th in subsequent years, each agency of the District of Columbia government shall develop and submit to the Council of the District of Columbia a performance report covering all major programs of the agency.

(b) The performance report shall indicate, for each performance measure stated in the previous fiscal year’s performance plan, the actual level of performance as compared to the stated goal or objective for performance. The performance report shall also state the name and position of the management employee or employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employee or employees.


(Mar. 3, 1979, D.C. Law 2-139, § 1413; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802(b), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 1-615.13.

Section References

This section is referenced in § 47-308.02.

Effect of Amendments

D.C. Law 13-172, in subsec. (a), substituted “on January 15th in subsequent years” for “coincident with annual agency budget submissions in subsequent years”; and rewrote subsec. (b), which previously read:

“The performance report shall, for each performance measure stated in the previous fiscal year’s performance plan, indicate the actual level of performance achieved as compared to the stated goal or objective for an acceptable level of performance and the goal or objective for a superior level of performance. The performance report shall also state the position and the immediate supervisor or superior of the District of Columbia management employee most directly responsible for the achievement of each performance measure, as well as the names of the nonmanagement personnel responsible for the accomplishment of the performance measure under management’s supervision.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 1–614.14. Development of plans and reports.

(a) Agencies of the District of Columbia shall develop the performance plans and performance reports that are submitted by January 1, 1996, January 1, 1997, and succeeding years in consultation with the Office of the District of Columbia Auditor.

(b) The Mayor shall order that the District of Columbia Office of Personnel amend its management and personnel laws and regulations to be in conformance with the provisions of this subchapter.

(c) The Office of the District of Columbia Auditor shall conduct an audit of selected performance measures presented in performance reports of certain agencies each fiscal year.

(d) The District may invite outside review of the process and the indicators upon the submission of the first performance plan and performance report to obtain recommendations concerning the process and the indicators, and after the initial review, on a biannual basis.


(Mar. 3, 1979, D.C. Law 2-139, § 1414; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 2402(b), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 1-615.14.

Effect of Amendments

D.C. Law 13-172 rewrote subsec. (c), which previously read:

“The Office of the District of Columbia Auditor shall conduct an audit of the performance reports of the District of Columbia that are submitted in 1997 and 1998.”

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


Subchapter XV. Employee Rights and Responsibilities.

§ 1–615.01. Declaration of purpose. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1501, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)

Prior Codifications

1981 Ed., § 1-616.1.

1973 Ed., § 1-345.1.

Emergency Legislation

For temporary repeal of §§ 1-615.01 through 1-615.03, see § 102(b) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(b) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).


§ 1–615.02. Employee bill of rights. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1502, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)

Prior Codifications

1981 Ed., § 1-616.2.

1973 Ed., § 1-345.2.

Emergency Legislation

See Historical and Statutory Notes following § 1-615.01.


§ 1–615.03. Complaints of criminal harassment for appearances and testimony before the Council. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1503, 25 DCR 5740; Sept. 26, 1990, D.C. Law 8-169, § 2(a), 37 DCR 4835; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)

Prior Codifications

1981 Ed., § 1-616.3.

1973 Ed., § 1-345.3.

Emergency Legislation

See Historical and Statutory Notes following § 1-615.01.


§ 1–615.04. Public employees as fiduciaries for consumer protection.

(a) For purposes of this section, “consumer protection law” shall include any law intended to protect, or which does in fact protect, individual consumers from unfair, deceptive, or misleading acts or practices; or the nondisclosure of product quality, weight, size, or performance. Any employee who administers, enforces, or implements any health, safety, environmental, or consumer protection law, or any rules and regulations promulgated for the enforcement of such laws, is a fiduciary to any individual or class of individuals intended to be protected, or who are in fact protected, from injury or harm, or risk of injury or harm, by laws, rules and regulations, and, as a fiduciary, is obligated to protect such individual or class of individuals.

(b) Any individual or class of individuals may commence a civil action on his or her or their own behalf against any employee or employees in any agency for breach of a fi