Part B-i. Chief Financial Officer.
§ 1–204.24a. In general.
(a) Establishment. — There is hereby established within the executive branch of the government of the District of Columbia an Office of the Chief Financial Officer of the District of Columbia (hereafter referred to as the “Office”), which shall be headed by the Chief Financial Officer of the District of Columbia (hereafter referred to as the “Chief Financial Officer”).
(b) Organizational analysis. —
(1) Office of Budget and Planning. — The name of the Office of Budget and Management, established by Commissioner’s Order 69-96, issued March 7, 1969, is changed to the Office of Budget and Planning.
(2) Office of Tax and Revenue. — The name of the Department of Finance and Revenue, established by Commissioner’s Order 69-96, issued March 7, 1969, is changed to the Office of Tax and Revenue.
(3) Office of Finance and Treasury. — The name of the Office of Treasurer, established by Mayor’s Order 89-244, dated October 23, 1989, is changed to the Office of Finance and Treasury.
(4) Office of Financial Operations and Systems. — The Office of the Controller, established by Mayor’s Order 89-243, dated October 23, 1989, and the Office of Financial Information Services, established by Mayor’s Order 89-244, dated October 23, 1989, are consolidated into the Office of Financial Operations and Systems.
(c) Transfers. — Effective with the appointment of the first Chief Financial Officer under § 1-204.24b, the functions and personnel of the following offices are established as subordinate offices within the Office:
(1) The Office of Budget and Planning, headed by the Deputy Chief Financial Officer for the Office of Budget and Planning.
(2) The Office of Tax and Revenue, headed by the Deputy Chief Financial Officer for the Office of Tax and Revenue.
(3) The Office of Research and Analysis, headed by the Deputy Chief Financial Officer for the Office of Research and Analysis.
(4) The Office of Financial Operations and Systems, headed by the Deputy Chief Financial Officer for the Office of Financial Operations and Systems.
(5) The Office of Finance and Treasury, headed by the District of Columbia Treasurer.
(6) The Lottery and Charitable Games Control Board, established by Chapter 13 of Title 3.
(d) Supervisor. — The heads of the offices listed in subsection (c) of this section shall serve at the pleasure of the Chief Financial Officer.
(e) Appointment and removal of office employees. — The Chief Financial Officer shall appoint the heads of the subordinate offices designated in subsection (c) of this section, after consultation with the Mayor and the Council. The Chief Financial Officer may remove the heads of the offices designated in subsection (c) of this section, after consultation with the Mayor and the Council.
(f) Annual budget submission. — The Chief Financial Officer shall prepare and annually submit to the Mayor of the District of Columbia, for inclusion in the annual budget of the District of Columbia government for a fiscal year, annual estimates of the expenditures and appropriations necessary for the year for the operation of the Office and all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies) that report to the Office pursuant to this chapter.
§ 1–204.24b. Appointment of the Chief Financial Officer.
(a) Appointment. —
(1) In general. — The Chief Financial Officer shall be appointed by the Mayor with the advice and consent, by resolution, of the Council. Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30-day period of review and comment before the appointment takes effect.
(2) Special rule for control years. — During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows:
(A) Prior to the appointment, the Authority may submit recommendations for the appointment to the Mayor.
(B) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.
(C) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination.
(D) The nomination shall be effective subject to approval by a majority vote of the Authority.
(b) Term. —
(1) In general. — All appointments made after June 30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The appointments shall have an anniversary date of July 1.
(2) Transition. — For purposes of §§ 1-204.24a — 1-204.24f, the individual serving as Chief Financial Officer as of October 16, 2006, shall be deemed to have been appointed under this subsection, except that such individual’s initial term of office shall begin upon such date and shall end on June 30, 2007.
(3) Continuance. — Any Chief Financial Officer may continue to serve beyond his term until a successor takes office.
(4) Vacancies. — Subject to subsection (c), any vacancy in the Office of Chief Financial Officer shall be filled in the same manner as the original appointment under subsection (a) of this section.
(5) Pay. — The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title
(c) Authorizing treasurer or deputy CFO to perform duties in acting capacity in event of vacancy in office. —
(1) Service as CFO. —
(A) In general. — Except as provided in subparagraph (B), if there is a vacancy in the Office of Chief Financial Officer because the Chief Financial Officer has died, resigned, or is otherwise unable to perform the functions and duties of the Office—
(i) the District of Columbia Treasurer shall serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of paragraph (2); or
(ii) the Mayor may direct one of the Deputy Chief Financial Officers of the Office referred to in § 1-204.24a(c)(1) through (4) to serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of paragraph (2).
(B) Exclusion of certain individuals. — Notwithstanding subparagraph (A), an individual may not serve as the Chief Financial Officer under such clause if the individual did not serve as the District of Columbia Treasurer or as one of such Deputy Chief Financial Officers of the Office of the Chief Financial Officer (as the case may be) for at least 90 days during the 1-year period which ends on the date the vacancy occurs.
(2) Time limitation. — A vacancy in the Office of the Chief Financial Officer may not be filled by the service of any individual in an acting capacity under paragraph (1) after the expiration of the 210-day period which begins on the date the vacancy occurs.
§ 1–204.24c. Removal of the Chief Financial Officer.
(a) In general. — The Chief Financial Officer may only be removed for cause by the Mayor, subject to the approval of the Council by a resolution approved by not fewer than 2/3 of the members of the Council. After approval of the resolution by the Council, notice of the removal shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30-day period of review and comment before the removal takes effect.
(b) Special rule for control years. — During a control year, the Chief Financial Officer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.
§ 1–204.24d. Duties of the Chief Financial Officer.
Notwithstanding any provisions of this chapter which grant authority to other entities of the District government, the Chief Financial Officer shall have the following duties and shall take such steps as are necessary to perform these duties:
(1) During a control year, preparing the financial plan and the budget for the use of the Mayor for purposes of part B of subchapter VII of Chapter 3 of Title 47.
(2) Preparing the budgets of the District of Columbia for the year for the use of the Mayor for purposes of part D of this subchapter, and preparing the 5-year financial plan based upon the adopted budget for submission with the District of Columbia budget by the Mayor to Congress.
(3) During a control year, assuring that all financial information presented by the Mayor is presented in a manner, and is otherwise consistent with, the requirements of parts A through E of subchapter VII of Chapter 3 of Title 47.
(4) Implementing appropriate procedures and instituting such programs, systems, and personnel policies within the Chief Financial Officer’s authority, to ensure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis and to ensure that appropriations are not exceeded.
(5) Preparing and submitting to the Mayor and the Council, with the approval of the Authority during a control year, and making public—
(A) annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under part D of this subchapter, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Officer; and
(B) quarterly re-estimates of the revenues of the District of Columbia during the year.
(6) Supervising and assuming responsibility for financial transactions to ensure adequate control of revenues and resources.
(7) Maintaining systems of accounting and internal control designed to provide —
(A) full disclosure of the financial impact of the activities of the District government;
(B) adequate financial information needed by the District government for management purposes;
(C) effective control over, and accountability for, all funds, property, and other assets of the District of Columbia; and
(D) reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget.
(8) Submitting to the Council a financial statement of the District government, containing such details and at such times as the Council may specify.
(9) Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia for taxation, preparing tax maps, and providing such notice of taxes and special assessments (as may be required by law).
(10) Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may be required by law), and receiving all amounts paid to the District of Columbia from any source (including the Authority).
(11) Maintaining custody of all public funds belonging to or under the control of the District government (or any department or agency of the District government), and depositing all amounts paid in such depositories and under such terms and conditions as may be designated by the Council (or by the Authority during a control year).
(12) Maintaining custody of all investment and invested funds of the District government or in possession of the District government in a fiduciary capacity, and maintaining the safekeeping of all bonds and notes of the District government and the receipt and delivery of District government bonds and notes for transfer, registration, or exchange.
(13) Apportioning the total of all appropriations and funds made available during the year for obligation so as to prevent obligation or expenditure in a manner which would result in a deficiency or a need for supplemental appropriations during the year, and (with respect to appropriations and funds available for an indefinite period and all authorizations to create obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations in the most effective and economical manner.
(14) Certifying all contracts and leases (whether directly or through delegation) prior to execution as to the availability of funds to meet the obligations expected to be incurred by the District government under such contracts and leases during the year.
(15) Prescribing the forms of receipts, vouchers, bills, and claims to be used by all agencies, offices, and instrumentalities of the District government.
(16) Certifying and approving prior to payment of all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government, and determining the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges.
(17) In coordination with the Inspector General of the District of Columbia, performing internal audits of accounts and operations and records of the District government, including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, internal control, and related administrative practices of the departments and agencies of the District government.
(18) Exercising responsibility for the administration and supervision of the District of Columbia Treasurer.
(19) Supervising and administering all borrowing programs for the issuance of long-term and short-term indebtedness, as well as other financing-related programs of the District government.
(20) Administering the cash management program of the District government, including the investment of surplus funds in governmental and non-governmental interest-bearing securities and accounts.
(21) Administering the centralized District government payroll and retirement systems (other than the retirement system for police officers, fire fighters, and teachers).
(22) Governing the accounting policies and systems applicable to the District government.
(23) Preparing appropriate annual, quarterly, and monthly financial reports of the accounting and financial operations of the District government.
(24) Not later than 120 days after the end of each fiscal year, preparing the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1-204.48(a)(4).
(25) Preparing fiscal impact statements on regulations, multiyear contracts, contracts over $ 1,000,000 and on legislation, as required by § 1-301.47a.
(26) Preparing under the direction of the Mayor, who has the specific responsibility for formulating budget policy using Chief Financial Officer technical and human resources, the budget for submission by the Mayor to the Council and to the public and upon final adoption to Congress and to the public.
(27) Certifying all collective bargaining agreements and nonunion pay proposals prior to submission to the Council for approval as to the availability of funds to meet the obligations expected to be incurred by the District government under such collective bargaining agreements and nonunion pay proposals during the year.
(28) With respect to attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia during fiscal year 2006 and each succeeding fiscal year —
(A) requiring such attorneys to certify in writing that the attorney or representative of the attorney rendered any and all services for which the attorney received an award in such a case, including those received under a settlement agreement or as part of an administrative proceeding, from the District of Columbia;
(B) requiring such attorneys, as part of the certification under subparagraph (A) of this paragraph, to disclose any financial, corporate, legal, membership on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients in any such cases; and
(C) preparing and submitting quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to such attorneys.
§ 1–204.24e. Functions of Treasurer.
At all times, the Treasurer shall have the following duties:
(1) Assisting the Chief Financial Officer in reporting revenues received by the District government, including submitting annual and quarterly reports concerning the cash position of the District government not later than 60 days after the last day of the quarter (or year) involved. Each such report shall include the following:
(A) Comparative reports of revenue and other receipts by source, including tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and advances. Each source shall be broken down into specific components.
(B) Statements of the cash flow of the District government for the preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment. Such statements shall reflect the actual, planned, better or worse dollar amounts and the percentage change with respect to the current quarter, year-to-date, and fiscal year.
(C) Quarterly cash flow forecast for the quarter or year involved, reflecting receipts, disbursements, net change in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment with respect to the actual dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding quarters.
(D) Monthly reports reflecting a detailed summary analysis of all District of Columbia government investments, including —
(i) the total of long-term and short-term investments;
(ii) a detailed summary analysis of investments by type and amount, including purchases, sales (maturities), and interest;
(iii) an analysis of investment portfolio mix by type and amount, including liquidity, quality/risk of each security, and similar information;
(iv) an analysis of investment strategy, including near-term strategic plans and projects of investment activity, as well as forecasts of future investment strategies based on anticipated market conditions, and similar information; and
(v) an analysis of cash utilization, including —
(I) comparisons of budgeted percentages of total cash to be invested with actual percentages of cash invested and the dollar amounts;
(II) comparisons of the next return on invested cash expressed in percentages (yield) with comparable market indicators and established District of Columbia government yield objectives; and
(III) comparisons of estimated dollar return against actual dollar yield.
(E) Monthly reports reflecting a detailed summary analysis of long-term and short-term borrowings inclusive of debt as authorized by § 1-206.03, in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5 years. All such reports shall reflect —
(i) the amount of debt outstanding by type of instrument;
(ii) the amount of authorized and unissued debt, including availability of short-term lines of credit, United States Treasury borrowings, and similar information;
(iii) a maturity schedule of the debt;
(iv) the rate of interest payable upon the debt; and
(v) the amount of debt service requirements and related debt service reserves.
(2) Such other functions assigned to the Chief Financial Officer under subsection (d) as the Chief Financial Officer may delegate.
§ 1–204.24f. Definitions.
For purposes of this part —
(1) the term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a);
(2) the term “control year” has the meaning given such term under § 47-393(4); and
(3) the term “District government” has the meaning given such term under § 47-393(5).
§ 1–204.25. Authority of Chief Financial Officer over personnel of Office and other financial personnel.
(a) In general. — Notwithstanding any provision of law or regulation (including any law or regulation providing for collective bargaining or the enforcement of any collective bargaining agreement), employees of the Office of the Chief Financial Officer of the District of Columbia, including personnel described in subsection (b) of this section, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer of the District of Columbia, and shall be considered at-will employees not covered by Chapter 6 of this title, except that nothing in this section may be construed to prohibit the Chief Financial Officer from entering into a collective bargaining agreement governing such employees and personnel or to prohibit the enforcement of such an agreement as entered into by the Chief Financial Officer.
(b) Personnel. — The personnel described in this subsection are as follows:
(1) The General Counsel to the Chief Financial Officer and all other attorneys in the Office of the General Counsel within the Office of the Chief Financial Officer of the District of Columbia, together with all other personnel of the Office.
(2) All other individuals hired or retained as attorneys by the Chief Financial Officer or any office under the personnel authority of the Chief Financial Officer, each of whom shall act under the direction and control of the General Counsel to the Chief Financial Officer.
(3) The heads and all personnel of the subordinate offices of the Office (as described in § 1-204.24a(b) and established as subordinate offices in section § 1-204.24a(c)) and the Chief Financial Officers, Agency Fiscal Officers, and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (in accordance with subsection (c)), together with all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies, but not including personnel of the legislative or judicial branches of the District government).
(c) Appointment of certain executive branch agency Chief Financial Officers. —
(1) In general. — The Chief Financial Officers and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (other than those of a subordinate office of the Office) shall be appointed by the Chief Financial Officer, in consultation with the agency head, where applicable. The appointment shall be made from a list of qualified candidates developed by the Chief Financial Officer.
(2) Transition. — Any executive branch agency Chief Financial Officer appointed prior to October 16, 2006, may continue to serve in that capacity without reappointment.
(d) Independent authority over legal personnel. — Subchapter VIII-B of Chapter 6 of this title shall not apply to the Office of the Chief Financial Officer or to attorneys employed by the Office.
(e) Inapplicability to Water and Sewer Authority. — The authority of the Chief Financial Officer under this section does not apply to personnel of the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.
§ 1–204.26. Procurement authority of the Chief Financial Officer.
The Chief Financial Officer shall carry out procurement of goods and services for the Office of the Chief Financial Officer through a procurement office or division which shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement established under Unit A of Chapter 3 of Title 2 [Chapter 3A of Title 2] or any successor office, except the provisions applicable under such unit to procurement carried out by the Chief Procurement Officer established by § 2-301.05 [§ 2-352.01] or any successor office shall apply with respect to the procurement carried out by the Chief Financial Officer’s procurement office or division.
