Code of the District of Columbia

§ 1–609.06. Residency.

(a) An appointee to the Excepted Service shall become a resident of the District within 180 days after the effective date of the individual's appointment and shall remain a resident of the District during the period of appointment, pursuant to § 1-515.03. The failure to become a District resident or to maintain District residency shall result in the forfeiture of the position to which the person has been appointed.

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

(c) Repealed.

(d) Repealed.

(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(f) Repealed.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) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Excepted 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.

(h) Repealed.

(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) At the request of the Inspector General, the Mayor shall have the authority to grant the Office of the Inspector General waivers of the residency 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.