Code of the District of Columbia

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Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.4(b)(3) is expressly superseded.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) Lewis Ferebee shall be compensated $280,000 annually, effective January 21, 2019, 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 each 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) $239,788 for LaQuandra S. Nesbitt, MD, MPH, as Director of the Department of Health, effective December 3, 2018; 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; Apr. 11, 2019, D.C. Law 22-290, § 501, 66 DCR 1668; Sept. 11, 2019, D.C. Law 23-16, § 4052, 66 DCR 8621.)

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 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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 residency.

(a)(1) An appointee to the Executive Service shall become a resident of the District of Columbia within 180 days after the effective date of the person's appointment and shall remain a resident of the District of Columbia during the period of the appointment.

(2) An appointee's failure to become a District of Columbia resident or to maintain residency shall result in the forfeiture of the position to which the person has been appointed.

(3) Residency shall be verified and enforced pursuant to § 1-515.04.

(4) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Executive Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (a) of this section issued before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.


(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; May 23, 2019, D.C. Law 22-315, § 3(i), 66 DCR 1983.)

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.)