D.C. Act 21-371. Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016.
AN ACT
To amend, on an emergency basis, due to congressional review, the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to clarify that a District government 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 shall file a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals with the Department of Human Resources by December 15 of each year, to allow an attorney employed by the Council of the District of Columbia to file a Certificate of Good Standing with the Office of the Secretary to the Council of the District of Columbia, to allow the Director of the Department of Human Resources or the Secretary to the Council of the District of Columbia to verify good standing through electronic means, to clarify that the Director of the Department of Human Resources and the Secretary to the Council of the District of Columbia 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 Certificate of Good Standing filing requirement, and to authorize the Secretary to the Council of the District of Columbia to issue policy directives regarding timing, waiver, and notice of the Certificate of Good Standing filing requirement.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016".
Sec. 2. Section 881 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective July 25, 2002 (D.C. Law 14-182; D.C. Official Code § 1- 608.81), is amended as follows:
(a) Subsection (a) is amended to read as follows:
"(a) 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, employed by 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; provided, that an attorney employed by the Council of the District of Columbia who is required to be a member of the District of Columbia Bar as a prerequisite of employment shall file a Certificates of Good Standing with the Office of the Secretary to the Council of the District of Columbia by December 15 of each year.".
(b) A new subsection (a-1) is added to read as follows:
"(a-1) The Director of Human Resources or the Secretary to the Council of the District of Columbia may verify the good standing of an attorney, hearing officer, or administrative law judge subject to the requirement in subsection (a) of this section through electronic means with the Committee on Admissions of the District of Columbia Court of Appeals.".
(c) Subsection (b) is amended to read as follows:
"(b) The Director of the Department of Human Resources and the Secretary to the Council of the District of Columbia 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.".
(d) Subsection (c) is amended as follows:
(1) The lead-in language is amending by striking the phrase "Director of Personnel" and inserting the phrase "Director of the Department of Human Resources" in its place.
(2) Paragraph (3) is amended by striking the word "attorneys" and inserting the phrase "attorneys, hearing officers, or administrative law judges" in its place.
(e) A new subsection (c-1) is added to read as follows:
"(c-1) The Secretary of the Council of the District of Columbia may issue policy directives concerning:
"(1) The timing for filing the Certificate of Good Standing and associated procedures;
"(2) The standards governing when a temporary waiver of the filing requirement may be granted by the personnel authority for the Council of the District of Columbia attorney; and
"(3) The procedures by which attorneys shall be notified of the filing requirement and whether they are in compliance with the requirement.".
(f) Subsection (e) is amended by striking the phrase "an attorney" and inserting the phrase "an attorney, a hearing officer, or an administrative law judge" in its place.
Sec. 3. Applicability.
This act shall apply as of April 26, 2016.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
