§ 5–407. Resignation without notice; engaging in strike; conspiracy to obstruct operations of Department.

(a) No officer or member of said Fire Department, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign, except by permission of the Mayor of the District of Columbia, unless he shall have given the said Mayor 1 month previous notice, in writing, of such intention.

(b) No member of the Fire Department of the District of Columbia shall directly or indirectly engage in any strike of such Department. Upon sufficient proof to the Mayor of the District of Columbia that any member of the Fire Department of the District of Columbia has violated the provisions of this subsection, it shall be the duty of the Mayor of the District of Columbia to immediately discharge such member from the service.

(c) Any member of the Fire Department of the District of Columbia who enters into a conspiracy, combination, or agreement with the purpose of substantially interfering with or obstructing the efficient conduct or operation of the Fire Department of the District of Columbia by a strike or other disturbance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by imprisonment of not more than 6 months, or by both.

(June 20, 1906, 34 Stat. 315, ch. 3443, § 5; Jan. 24, 1920, 41 Stat. 398, ch. 54, § 2; July 31, 1939, 53 Stat. 1143, ch. 397.)

Prior Codifications

1981 Ed., § 4-307.

1973 Ed., § 4-407.

Section References

This section is referenced in § 1-632.03, § 7-2341.03, § 7-2341.07, and § 7-2341.23.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.