§ 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.

(d) Repealed.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(f) Repealed.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(h) Repealed.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.

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

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).”

Applicability

Section 4 of D.C. Law 24-15 provided subsection (a) of this section shall not apply to the residency of a person serving in an interim capacity as the State Superintendent of Education from April 6, 2021 through December 31, 2021.

Section 4 of D.C. Act 24-102 provided subsection (a) of this section shall not apply to the residency of a person serving in an interim capacity as the State Superintendent of Education from April 6, 2021 through December 31, 2021.

Section 4 of D.C. Act 24-77 provided subsection (a) of this section shall not apply to the residency of a person serving in an interim capacity as the State Superintendent of Education from April 6, 2021 through December 31, 2021.

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.