§ 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(2) Repealed;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 the Campaign Finance Board;

(4) Repealed;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(10) Repealed;

(11) Repealed;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(13) Repealed.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;

(17) The Real Property Tax Ombudsman of the Office of the Real Property Tax Ombudsman;

(18) The Chairperson and members of the Rental Housing Commission; and

[(19)] Director of the Students in the Care of D.C. Coordinating Committee.

(20) Not Funded.

(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; Feb. 22, 2019, D.C. Law 22-200, § 3(c), 65 DCR 12066; Mar. 13, 2019, D.C. Law 22-250, § 4(c), 66 DCR 985; Apr. 11, 2019, D.C. Law 22-303, § 8(b), 66 DCR 2037; July 12, 2022, D.C. Law 24-147, § 168, 69 DCR 003386; Apr. 21, 2023, D.C. Law 24-348, § 4(b), 70 DCR 937.)

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.

Applicability

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 4(b) of D.C. Law 24-348 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 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-303: § 7176 of D.C. Law 23-16 repealed § 9 of D.C. Law 22-303. Therefore the amendment of this section by D.C. Law 22-303 has been implemented.

Applicability of D.C. Law 22-303: § 9 of D.C. Law 22-303 provided that the change made to this section by § 8(b) of D.C. Law 22-303 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.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(c) of D.C. Law 22-250 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) repeal of applicability provision of D.C. Law 22-303, see § 7176 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) repeal of applicability provision of D.C. Law 22-303, see § 7176 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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.