§ 34–2202.05. Duties of the Board.

(a) The Board shall have the following duties:

(1) To adopt and publish internal operating rules for the conduct of Board meetings;

(2) To develop policies for the management, maintenance, and operation of water distribution and sewage collection, treatment, and disposal systems under the control of the Authority;

(3) Adopt and publish rules and regulations governing the operation of the water distribution and sewage collection, treatment, and disposal systems under the control of the Authority;

(4) Develop and establish a personnel system and publish rules and regulations setting forth minimum standards for all employees, including pay, contract terms, leave, retirement, health and life insurance, and employee disability and death benefits;

(5) Select, employ, and fix the compensation and benefits for the General Manager and for the staff of the Board, as it deems necessary;

(6) Delegate to the General Manager any authority granted to the Board under subsection (a)(2) through (5) of this section; and

(7) To establish a procurement system which is consistent with principles of competitive procurement and to publish rules and regulations relating thereto.

(b)(1) The personnel system developed pursuant to subsection (a)(4) of this section shall be in place no later than 6 months after April 18, 1996. The personnel rules and regulations shall require that no employee shall engage in outside employment, private business activity, or have any direct or indirect financial interest that conflicts, or would appear to conflict, with the fair, impartial, and objective performance of the employee’s assigned duties and responsibilities.

(2) Department of Public Works employees whose salaries are funded by the Water and Sewer Utility Administration shall become employees of the Authority without impairment of civil service status and seniority, reduction in compensation (notwithstanding any change in job titles or duties, and except as may otherwise be provided under the personnel system developed pursuant to subsection (a)(4) or a collective bargaining agreement entered into after April 18, 1996) or loss of accrued rights to holidays, leave, and benefits. All employees of the Authority shall perform their duties under the direction, control, and supervision of the Authority; provided, however, that any employee subject to transfer whose existing duties and responsibilities are determined by the Authority and the Department of Public Works to relate directly and primarily to functions of the Department of Public Works, and for whom a position at the Department of Public Works is funded in whole or in part, shall remain an employee of the Department of Public Works and shall continue to perform duties under the direction, control, and supervision of the Department of Public Works and not under funding arrangements thereafter derived from the accounts of the Authority.

(c) The Board shall prepare, within 120 days after the end of each District government fiscal year, a detailed annual report setting forth a description of the Authority’s operations and accomplishments during the year and shall transmit copies of the report to the Mayor and the Council.

(c-1) On an annual basis, the Board shall publish on its website details about all customer inquiries received during the preceding year.

(d) The Board shall contract with an independent certified public accountant to perform an annual audit of the books and accounts of the Authority and shall submit the audit to the Mayor, the Chief Financial Officer, and the Inspector General.

(e) The Board shall annually develop, adopt, and submit to the Mayor a multiyear financial plan for capital and operating expenses encompassing at least the forthcoming 5 fiscal years. The plan shall be submitted to the Mayor no less than 90 days prior to the beginning of each District government fiscal year.

(f) The Board shall carry insurance sufficient to protect the Authority, the Board, the Board members, officers, and employees of the Board, its lessees or occupants, the District government, and other participating jurisdictions against risks associated with the exercise by the Authority or the Board of any authority conferred by this chapter; provided, however, that no Board member shall be personally liable for any act or omission of the Authority, except with regard to any fraudulent or criminally prosecutable act committed by a Board member in connection with an act or omission of the Authority.

(g)(1) The Board shall assess the feasibility, including the financial benefits, if any, of engaging a private entity to lease, or purchase all or any portion of the Blue Plains Wastewater Treatment Plant. This assessment shall be completed no later than 6 months after April 18, 1996. The Board shall submit its recommendation to the Mayor who shall submit his or her recommendation to the Council within 60 days of receiving the Board’s recommendation.

(2) No contract to privatize the Blue Plains Wastewater Treatment Plant shall be entered into by the Authority, unless the Board submits the privatization contract to the Mayor, the Mayor approves and submits the contract to the Council, and the Council approves the contract pursuant to § 1-204.51(b)(1) and the Council Contract Approval Modification Temporary Act of 1996, effective April 9, 1997 (D.C. Law 11-190; 43 DCR 4279) (“Contract Approval Act”) and succeeding laws.

(3) No contract to purchase or lease all or any portion of the Blue Plains Wastewater Treatment Plant shall be entered into by the Authority unless the Board submits the sale or lease contract to the Mayor, the Mayor approves and submits the contract to the Council, and the Council approves the contract pursuant to § 1-204.51(b)(1) and the Contract Approval Act and any succeeding laws.

(4) Notwithstanding any other law, any agreement or contract to operate the Blue Plains Treatment Plant shall reserve to the District the right of access and use of any water front property, including the concrete pier.

(h)(1) Within 60 days of September 18, 2007, the Board shall contract with an independent consultant to conduct a comprehensive review of the Authority’s operating and capital budgets, plans, and programs, including a review of the merits of and the timetable for all planned capital expenditures.

(2) Within 240 days of September 18, 2007, the Board shall receive the independent consultant’s report, with recommendations for maximizing potential savings to the District’s rate-payers over the course of the implementation of both the Capital Improvement Program and the Long Term Control Plan, and shall transmit copies of the report to the Mayor and the Council within one week of its receipt by the Board.

(Apr. 18, 1996, D.C. Law 11-111, § 205, 43 DCR 548; Aug. 8, 1996, 110 Stat. 1698, Pub. L. 104-184, § 5; Apr. 9, 1997, D.C. Law 11-184, § 202(e), 43 DCR 4265; Sept. 18, 2007, D.C. Law 17-20, § 6062(b), 54 DCR 7052; Apr. 11, 2019, D.C. Law 22-299, § 2(a), 66 DCR 2020.)

Prior Codifications

1981 Ed., § 43-1675.

Section References

This section is referenced in § 34-2202.03 and § 34-2202.07.

Effect of Amendments

D.C. Law 17-20 added subsec. (h).

Applicability

Applicability of D.C. Law 22-299: § 7174 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-299. Therefore the amendment of this section by D.C. Law 22-299 has been implemented.

Applicability of D.C. Law 22-299: § 4 of D.C. Law 22-299 provided that the change made to this section by § 2(a) of D.C. Law 22-299 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 22-299, see § 7174 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 22-299, see § 7174 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary amendment of section, see § 2(e) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(e) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5689), § 2(e) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(e) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

For temporary (90 day) amendment of section, see § 6062(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2(b) of Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Emergency Amendment Act of 2007 (D.C. Act 17-175, November 2, 2007, 54 DCR 11219).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Temporary Amendment Act of 2007 (D.C. Law 17-77, January 23, 2008, law notification 55 DCR 1457).

Resolutions

Resolution 17-612, the “District of Columbia Water and Sewer Authority Plan for Public Fire Hydrant Maintenance and the Provision of Adequate Water Levels to District Hydrants Approval Resolution of 2008”, was approved effective May 6, 2008.