Chapter 5. Officers and Employees Generally.

Subchapter I. General.

§ 1–501. Oath to be taken by officers.

All civil officers in the District shall, before they act as such, respectively take and subscribe an oath or affirmation to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices; and the oath or affirmation provided for by this section shall be taken and subscribed, certified, and recorded, in such manner and form as may be prescribed by law.

§ 1–502. Reports by custodians of property.

All persons in the employment of the government of the District of Columbia having, as a result of such employment, custody of or chargeable with property, other than real estate, belonging to the District of Columbia, shall, at such times and in such form as the Mayor of the District of Columbia shall require, make returns to said Mayor of all such property remaining in their possession, and the condition thereof, and, with reference to all property that may have come into their custody that shall have been consumed in use, a statement showing the quantity thereof and the purpose for which used.

(July 21, 1914, 38 Stat. 553, ch. 191, § 7; Mar. 3, 1915, 38 Stat. 925, ch. 80, § 7.)

Prior Codifications

1981 Ed., § 1-502.

1973 Ed., § 1-309.

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.

§ 1–503. Employment to be authorized and compensation to be paid from specific appropriations; moneys returned to Treasury.

No civil officer, clerk, draftsman, compensation messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall, after June 30, 1905, be employed in any office, department, or other branch of the government of the District of Columbia or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation or is authorized as hereinafter provided, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made and at the rate of compensation usual and proper for such services, and on and after July 1, 1905, all moneys accruing from lapsed salaries, or for unused appropriations for salaries, shall be covered into the Treasury as are the balances of other unexpended appropriations for the support of the government of the District of Columbia.

§ 1–504. Designation by Mayor of Dr. King’s birthday as holiday.

The Mayor is authorized to designate the holiday in honor of Dr. King as a holiday for all employees of the government of the District of Columbia. Employees who are required to work on that holiday shall be entitled to such pay as they are entitled to on other holidays during which they work.

§ 1–505. Effect of signature by mark upon payment of compensation.

After May 10, 1926, in the payment of compensation of per diem employees of the government of the District of Columbia, a signature by mark duly witnessed by an employee of such District designated for that purpose by the Mayor shall be deemed a full legal acquittance as to such signature.

(May 10, 1926, 44 Stat. 453, ch. 276, § 7.)

Prior Codifications

1981 Ed., § 1-505.

1973 Ed., § 1-315.

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 the 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.

§ 1–506. Refusal to give testimony relating to office or employment.

(a) Any officer or employee of the District who refuses to testify upon matters relating to his office or employment in any proceeding wherein he is a defendant or is called as a witness upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit his office or employment and any emolument, perquisite, or benefit (by way of pension or otherwise) arising therefrom, and be disqualified from holding any public office or employment under the District.

(b) Any former officer or employee of the District who refuses to testify upon matters relating to his former office or employment in any proceeding wherein he is a defendant or is called as a witness upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit any emolument, perquisite, or benefit (by way of pension or otherwise) arising from such former office or employment, and be disqualified from holding any public office or employment under the District.

(c) If the retirement pay, pension, or annuity of any officer or employee or former officer or employee of the District is forfeited under this section, there shall be paid to such individual a sum equal to (1) the total amount paid by him as contributions toward such retirement pay, pension, or annuity, plus any accrued interest attributable to such contributions, less (2) the total amount of such retirement pay, pension, or annuity received by him prior to such forfeiture.

§ 1–507. Wages, salaries, annuities, retirement, disability benefits, and other remuneration based on District employment subject to attachment garnishment, and assignment for child support, maintenance, alimony payments, and other obligations.

(a) After July 25, 1977, wages, salaries, annuities, retirement and disability benefits, and other remuneration based upon employment, or other income owed by, due from, and payable by the government of the District of Columbia to any individual shall be subject to attachment, garnishment, assignment, or withholding under the District of Columbia Child Support Enforcement Amendment Act of 1985, provided the levy is predicated upon the entry of a judgment, order, or decree determining the individual’s legal obligation to provide child support or to make maintenance or alimony payments. Whenever wages, salaries, annuities, retirement and disability benefits, or other remuneration based upon employment is sought to be levied pursuant to this section, the legal process shall be such as is usual in other cases of attachment, garnishment, assignment, or withholding under the District of Columbia Child Support Enforcement Amendment Act of 1985. The government of the District of Columbia shall be subject to process in the same manner and to the same extent as if it were a private person, except that no writ or similar process served under the authority of this section shall be honored by the government of the District of Columbia unless a certified copy of the judgment, order, or decree upon which the levy is predicated has been provided to the Mayor of the District of Columbia or his duly authorized designee.

(b) After October 1, 1997, wages salaries, annuities, retirement and disability benefits, and other remuneration based upon employment, or other income owed by, due from, and payable by the government of the District of Columbia to any individual shall be subject to attachment, garnishment, assignment, or withholding in accordance with subchapter III of Chapter 5 of Title 16 of the District of Columbia Code in the same manner and to the same extent as if the government of the District of Columbia were a private person.

§ 1–508. Technical assistance. [Expired]

Expired.

(Aug. 5, 1997, 111 Stat. 786, Pub. L. 105-33, § 11722.)

Prior Codifications

1981 Ed., § 1-517.

Cross References

Merit system, effective date provisions, see § 1-636.02

Effective Dates

Section 11721 of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that except as otherwise provided in this title, the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Responsibility and Management Assistance Authority certifies that the financial plan and budget for the District government for fiscal year 1998 meet the requirements of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by this title.

Editor's Notes

Pursuant to § 11722 of Pub. L. 105-33, this section expired effective August 6, 2000.

§ 1–509. Allowances for privately owned vehicles for employees.

The Mayor may establish rates and reimburse employees, by regulation, for privately owned automobiles and motorcycles used for the performance of official duties. The rates established by the Mayor shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations). The proposed regulations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the regulations, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.

§ 1–510. Exemption of District government employees on compressed schedule from federal overtime requirements.

(a) In general. — Section 7 of the Fair Labor Standards Act (29 U.S.C. § 207) shall not apply to the hours of an employee of the District of Columbia government which constitute a compressed schedule.

(b) Compressed schedule defined. — In this section, the term “compressed schedule” means:

(1) In the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays; and

(2) In the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays.

§ 1–511. Review of personnel practices.

(a) The District of Columbia Department of Human Resources shall conduct a comprehensive review of all regulations, policies, and standard operating procedures under its control to ensure compliance with all local and federal laws.

(b) On or before March 1, 2012, and every 3 months thereafter until this review is complete, the District of Columbia Department of Human Resources shall report to the Council on the status of this review, the components that have been completed, the components that remain outstanding, and the projected timeline for completion of this project.

Subchapter I-A. Residency Requirements for Government Employees and Residency Preferences for Applicants.

§ 1–515.01. Definitions.

For the purposes of this subchapter:

(1) The definitions set forth in § 1-603.01, shall apply.

(1A) "Common jurisdiction of residence" means a local jurisdiction in which at least 500 District government employees reside; provided, that the counties commonly known as the "eastern shore of Maryland" may be grouped together as one jurisdiction and all counties in West Virginia may be grouped together as one jurisdiction.

(1B) "DCHR" means the Department of Human Resources.

(1C) "Demographics" means socioeconomic factors such as a District government employee's race, household size, number of dependents, status as a parent of school-aged children, jurisdiction of birth, and household income.

(2) "District government" means the government of the District of Columbia, including:

(A) Any department, agency, or instrumentality of the government of the District;

(B) Any independent agency of the District established under part F of subchapter IV of Chapter 2 of this title;

(C) Any agency, board, or commission established by the Mayor or the Council and any other agency, public authority, or public benefit corporation which has the authority to receive monies directly or indirectly from the District (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District); and

(D) The Council.

(2A) "Employment information" means:

(A) The agency for which the employee works;

(B) The employee's job title, salary, employment service and grade, occupation, and occupational group;

(D) The employee's status as a highly-compensated employee.

(3) "Highly compensated appointee" means an individual appointed to a position in the Career, Educational, or Management Supervisory Service, except for individuals appointed to a position as an employee of the Board of Trustees of the University of the District of Columbia, for which the starting annual salary is not less than $150,000 or the threshold figure established by the relevant personnel authority pursuant to § 1-515.03(c).

(4) "Jurisdiction of residence" means the city, county, and state, as applicable, in which a District government employee maintains the employee's primary or permanent residence.

(5) "Residency-related policies" includes the preference points for District residents who apply for District government employment and the District residency mandates in §§ 1-515.02 and 1-515.03, respectively, or in other District law.

§ 1–515.02. District residency preference for applicants.

(a)(1) All District subordinate agencies, independent agencies, and instrumentalities shall use a ranking system based on a scale of 100 points for all employment decisions for positions in, or positions equivalent to positions in, the Career Service, Educational Service, Legal Service, and Management Supervisory Service.

(2) Except for attorneys in the Senior Executive Service Attorney Service and attorneys in the Legal Service employed by the Council, for positions in the Career Service, Educational Service, Legal Service, and Management Supervisory Service, an individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference.

(3) For employees of subordinate agencies, independent agencies, and instrumentalities, the 10-point preference shall be in addition to any points awarded on the 100-point scale.

(b)(1) At the time of appointment, an individual who claimed the 10-point residency preference provided in subsection (a) of this section shall agree, in writing, to remain a District resident for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

(2) An individual who claimed the residency preference provided in subsection (a)(2) of this section and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

(c) A personnel authority shall verify an individual's residency to ensure compliance with this section in accordance with § 1-515.04.

(d) Each applicant for a position covered by subsection (a) of this section shall be informed in writing of the provisions of this section at the time of application.

§ 1–515.03. District residency requirement for certain District government employees.

(a) An individual appointed to a position in one of the following categories shall become a District resident within 180 days after appointment:

(1) Subordinate agency head, independent agency head, or instrumentality head;

(2) Executive Service (§ 1-610.59);

(3) Excepted Service (§ 1-609.06(a));

(4) Senior Executive Service Attorney Service (§ 1-608.59(b));

(5) Legal Service of the Council (§ 1-608.59(b));

(6) Highly compensated appointee, hired after May 23, 2019.

(b) An individual appointed to a position covered by subsection (a) of this section who fails to remain a District resident for the duration of the individual's appointment shall forfeit the individual's District government employment.

(c)(1) A personnel authority may decrease the threshold salary for its highly compensated appointees in a particular service.

(2) A personnel authority may not raise the threshold salary for its highly compensated appointees higher than the increase by which the Mayor raised compensation for non-union employees in the same service in the same fiscal year.

(3) The Mayor shall publish any adjustment the Mayor makes to the highly compensated appointee threshold salary level in the District of Columbia Register no later than 45 days after the level is adjusted.

(d) The requirements of subsections (a) and (b) of this section shall not apply to an employee hired into a position covered by subsection (a) of this section before May 23, 2019, to which such requirements did not apply as of May 23, 2019.

(Feb. 6, 2008, D.C. Law 17-108, § 103; as added May 23, 2019, D.C. Law 22-315, § 2, 66 DCR 1983; July 12, 2022, D.C. Law 24-147, § 101, 69 DCR 003386.)

Applicability

Section 201 of D.C. Law 24-147 provides that the changes made to this section by D.C. Law 24-147 shall apply as of May 23, 2019.

Section 3 of D.C. Law 24-15 provided 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 3 of D.C. Act 24-102 provided 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 3 of D.C. Act 24-77 provided 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.

§ 1–515.04. Proof of District residency and enforcement.

(a)(1) A personnel authority shall verify District residency at the times described in paragraphs (2) and (3) of this subsection by requiring the individual to present:

(A) Physical proof that the individual possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles; and

(B) Proof that the District government will deduct and withhold District income tax from the individual's wages pursuant to § 47-1812.08 for the purpose of the District government position the individual holds or for which the individual applied.

(2) For individuals appointed to a position covered by § 1-515.02(a)(1) after claiming the residency hiring preference provided in § 1-515.02(a)(2), the personnel authority shall verify District residency at the time of appointment.

(3) For individuals appointed to a position covered by § 1-515.03(a) or other law requiring District residency, the personnel authority shall verify District residency no later than180 days after appointment.

(b) The Mayor shall verify compliance with the District residency requirements of this subchapter, Chapter 6 of this title, and other relevant District laws on at least an annual basis for all subordinate and independent agency employees to whom such requirements apply by:

(1) Determining that:

(A) The employee possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles through data accessed pursuant to subsection (d) of this section; and

(B) The District government deducts and withholds District income tax from the employee's wages pursuant to § 47-1812.08 for the purpose of the District government position held by the employee; and

(2) Conducting audits, periodically, as determined by the Mayor, which:

(A) Shall include:

(i) At least 20% of employees randomly selected within subordinate agencies; and

(ii) All employees within at least 3 randomly selected independent agencies; and

(B) May include requiring employees to present physical documentation of District residency and checking residency against District electronic records.

(c) If an individual subject to a residency requirement does not possess a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles at the time of verification, the individual shall provide other proof of residency as determined by the relevant personnel authority.

(d) For the purpose of verifying employee residency pursuant to this section, the director of the Department of Human Resources shall have sufficient access, as determined by the Mayor, to the electronic databases of the Department of Motor Vehicles to facilitate automated verification of driver licenses and non-driver identifications.

(e)(1) If the Mayor finds that an employee in a subordinate agency has failed to maintain the required residency, the Mayor shall remove the employee from his or her position.

(2)(A) If the Mayor finds that an employee in an independent agency has failed to maintain the required residency, the Mayor shall forward the finding to the corresponding personnel authority, which shall investigate and make a determination of whether the employee is a District resident.

(B) If the employee is determined not to be a District resident, the personnel authority shall remove the employee from the employee's position in accordance with rules adopted by the relevant personnel authority.

(f)(1) Before a personnel authority may remove an employee for failing to maintain District residency pursuant to the requirements of this subchapter, Chapter 6 of this title, or other relevant District law, the employee shall receive notice of the removal decision and an opportunity to appeal the decision pursuant to rules adopted by the relevant personnel authority.

(2) The Mayor shall establish the notice and appeal procedure required by this subsection for all subordinate agencies.

(g) The Council shall adopt rules for annually verifying employee compliance with the District residency requirements of this subchapter Chapter 6 of this title, and other relevant District laws.

(h) A personnel authority may adopt additional procedures, consistent with the requirements of this section, for verifying employee residency.

§ 1–515.05. Hardship Waivers.

(a)(1) When an employee in a subordinate agency suffers an extraordinary hardship because of exceptional circumstances beyond the employee's control, the employee may request that the Mayor suspend the residency requirements of §§ 1-515.02 and 1-515.03, Chapter 6 of this title, or other relevant District law for a period of no more than one year for such individual employee.

(2) The Mayor shall:

(A) Review the request;

(B) Verify if the hardship exists and necessitates residence outside of the District;

(D) Determine whether to grant or deny a hardship waiver request within 30 days.

(b)(1) When an employee of an independent agency or the Council suffers an extraordinary hardship because of exceptional circumstances beyond the employee's control, the employee may request that the personnel authority suspend the residency requirements of §§ 1-515.02 and 1-515.03, Chapter 6 of this title, or other relevant District law for a period of no more than one year for such individual employee.

(2) The personnel authority shall:

(A) Review the request;

(B) Verify if the hardship exists and necessitates residence outside of the District,

(D) Determine whether to grant or deny a hardship waiver request within 30 days.

(c) Notwithstanding subsections (a) and (b) of this section, a waiver of a residency requirement granted to an employee before May 23, 2019, shall continue to apply for as long as the employee holds the position for which the residency waiver was granted.

(d) Notwithstanding any other provision of law, an employee with a job classification involving information technology who has received a waiver of a residency requirement pursuant to this section or another provision of District law may be granted a residency waiver for as long as the employee works in an information technology capacity at the District government entity that granted the residency waiver.

§ 1–515.06. Reporting.

(a)(1) By December 1 of each year, the Mayor shall submit to the Council an annual report detailing for the previous fiscal year and for each District government entity:

(A) The names of all new employees in District government and for each the:

(i) Pay schedule;

(ii) Position title; and

(iii) Jurisdiction of residence;

(B) The percent of new hires who are District residents;

(C) The name, position title, pay schedule, and description of hardship circumstances of any employee who received a waiver in the previous year pursuant to § 1-515.05; and

(D) The name, position title, and action taken with the reason for action taken, if any, for any incumbent employee who failed to maintain the residency requirements of §§ 1-515.02 and 1-515.03, Chapter 6 of this title, or other relevant District law during the calendar year.

(2) The Mayor shall integrate into each subordinate agency's annual performance objectives the target percentage of new hires and the target percentage of all employees who are District residents.

(3) The Mayor shall integrate all reports received pursuant to subsection (b) of this section into the report submitted to the Council pursuant to this subsection.

(b)[] By November 1 of each year, each independent agency, board, commission, instrumentality, and other District government entity shall submit to the Mayor an annual report detailing for the previous fiscal year:

[(1)] The names of all new employees and for each the:

[(A)] Pay schedule;

[(B)] Position title; and

[(C)] Jurisdiction of residence;

[(2)] The percent of new hires who are District residents;

[(3)] The name, position title, pay schedule, and description of hardship circumstances of any employee who received a waiver in the previous year pursuant to § 1-515.05; and

[(4)] The name, position title, and action taken with the reason for action taken, if any, for any incumbent employee who failed to maintain the residency requirements of §§ 1-515.02 and 1-515.03, Chapter 6 of this title, or other relevant District law during the fiscal year.

§ 1–515.06a. Study of District government employee residency.

(a)(1) DCHR shall conduct a study on District government employee and applicant residency and residency-related policies ("study"), which it shall submit to the Council no later than October 1, 2022. The study shall utilize the results of each of the components described in subsection (b) of this section to provide a comprehensive analysis on the District government workforce as a whole and of sworn police officers, firefighters, and other groups regarding:

(A) Current patterns related to District government employees' jurisdictions of residence;

(B) Barriers to higher rates of District residency;

(D) Effectiveness of current residency-related policies; and

(E) Factors or policies that, if changed, could increase the rates of District residency for District government employees.

(2) DCHR shall provide the Council Committee on Labor and Workforce Development a status update on the research, in writing, 3 months, 6 months, 9 months, 10 months, and 12 months following October 1, 2021.

(b) The study shall consist of the following components:

(1) Results from a data analysis of the jurisdiction of residence of District government employees and applicants, consistent with the requirements of subsection (c) of this section;

(2) Results of an anonymous survey or confidential focus groups, or both, of District government employees and former employees related to their opinions and experiences regarding their jurisdictions of residence, consistent with the requirements of subsection (d) of this section; and

(3) Results of a review and analysis of District government agencies' hiring practices and outcomes through data analysis and interviews or surveys, or both, of agency hiring directors, consistent with the requirements of subsection (e) of this section.

(c)(1) The study's data analysis component shall collect and analyze data, to the extent it is available, for the purpose of documenting for the District government workforce:

(A) Patterns, including correlations, between District government employees' current jurisdictions of residence and employees':

(i) Employment information;

(ii) Demographics;

(iii) Median housing costs, including monthly rent and home sale price, in common jurisdictions of residence; and

(iv) Applicable residency-related policies;

(B) Patterns, including rates of application and of hire, of District government job applicants, by jurisdiction of residence and then by agency, salary level, employment service and grade, occupation, and occupational group; and for District resident applicants, the analysis also shall include a review of total workforce and agency-level patterns and rates at which applicants:

(i) Were qualified for the applied-for jobs based on the 100-point scale;

(ii) Sought and received District residency preference points;

(iii) Received an interview;

(iv) Received job offers; and

(v) Accepted job offers; and

(C) Patterns related to District government employees moving into the District, maintaining residency in the District, or moving out of the District, and factors or circumstances that include the following:

(i) Employees' jurisdictions of residence immediately before commencing work with the District government;

(ii) Residency-related policies, including the end of the 7-year period of required residency for employees who received a hiring preference pursuant to section 102;

(iii) The length of time employees resided in the District before commencing employment with the District government;

(iv) Employment information; and

(v) Demographics and changes in demographics.

(2) Upon completion of the research and analysis conducted pursuant to paragraph (1) of this subsection, DCHR shall issue and submit to the Council a report documenting the findings of the data analysis for:

(A) The District's workforce as a whole;

(B) Subordinate agency employees;

(D) Employees in jobs that require District residency;

(E) Employees in jobs that do not require District residency;

(F) Sworn police officers;

(G) Firefighters;

(H) Employees who received residency preference points;

(I) Employees with long tenures with the District government;

(J) Employees with short tenures with the District government; and

(K) Other groups and subgroups that produce findings of interest, relevance, or import, including disaggregation by demographics, employment information, occupation, and other factors, when such disaggregation demonstrates observable patterns of interest or importance.

(d)(1) The study's anonymous survey or confidential focus groups component shall:

(A) Be conducted after issuance of the report required pursuant to subsection (c)(2) of this section and be informed by its findings;

(B) Include a sample size that is large and diverse enough for disaggregation into the groups of employees listed in subsection (c)(2) of this section.

(D) Capture data not available through the data analysis conducted pursuant to subsection (c)(1)(A) and (C) of this section;

(E) Include questions, and allow open-ended responses, related to:

(i) Why District government employees choose to live in the District or not to live in the District;

(ii) The decision-making considerations of employees as to their jurisdiction of residence, with a particular focus on housing costs, educational options, and other significant or common factors;

(iii) For public safety jobs, including sworn police officers and firefighters, the unique factors of their jobs and how those factors impact their decisions related to jurisdiction of residence;

(iv) How District resident employees are able to afford to live in the District; and

(v) Other questions aimed at collecting the information required in paragraph (3)(A) of this subsection or of interest, relevance, or importance to the study.

(2) DCHR may utilize up to $10,000 to incentivize survey participation.

(3) Upon completion of the survey or focus groups and analysis conducted pursuant to paragraph (1) of this subsection, DCHR shall issue and submit to the Council a report with findings from the survey and confidential focus groups, which shall:

(A) Include findings on:

(i) The circumstances under which and reasons why District residents hired into District government positions move out of the District;

(ii) The circumstances under which and reasons why new District government hires who are not District residents move into the District or do not move into the District;

(iii) Factors that would influence a non-District resident to voluntarily live in the District or allow the individual to live in the District if the employee's job required District residency, including salary thresholds above which District employees who are not District residents would be willing or able to become District residents; and

(iv) Factors that would influence a District resident to remain a District resident in the long term;

(B) Disaggregate results by demographics, salary level, the employee groups listed in subsection (c)(2) of this section, and other factors;

(C) Provide average and median actual housing costs of survey or focus group participants, in sum and disaggregated by demographics, salary level, and other factors and;

(D) Withhold or combine data to the extent failure to do so would otherwise disclose a participant's identity.

(e)(1) The study component related to a review and analysis of agencies' hiring practices and outcomes shall utilize data gathered pursuant to subsection (c)(1)(B) of this section, related to District government employee applicants, and interviews with or surveys of agency hiring directors to inform the component, and shall include:

(A) A review of:

(i) District government agencies' actual recruitment, hiring, retention, and promotion practices;

(ii) Whether and to what extent such practices focus on hiring District residents;

(iii) Success or lack of success of such practices at hiring District residents;

(iv) How to improve practices to increase hiring of District residents; and

(v) The main challenges, as supported by data or reported by hiring directors, in hiring District residents and recruiting to positions that require District residency;

(B)(i) Identification of specific occupations or occupational groups and patterns or correlations related to occupations or occupational groups for which District residents represent less than 40% of new hires;

(ii) Each occupation's or occupational group's starting salary; and

(iii) Specific credentials necessary for each occupation or occupational group; and

(C) For agencies that consistently have an annual rate of new hires that is less than 40% District residents, data analysis of, and agency hiring directors' perspective on, the reasons for such rates, such as inadequate recruitment, bona fide hard-to-fill positions, lack of qualified District-resident applicants, lack of positions that require residency, or other legitimate reasons.

(2) Upon completion of the research conducted pursuant to paragraph (1) of this subsection, DCHR shall issue and submit to the Council a report with findings of the review of hiring practices conducted pursuant to this subsection.

(f)(1) To perform the study and complete the reports required pursuant to this section, including to prepare the reports required in subsections (a), (c)(2), (d)(3), and (e)(2) of this section, DCHR may contract with or otherwise hire an outside entity with relevant expertise in conducting related research and using research methodologies required to produce the study.

(2) DCHR may use electronic communication tools, including e-mail, to facilitate a contractor or other external entity's outreach to District government employees.

(3) DCHR shall:

(A) Provide a contractor or hired entity, should one be procured or hired, with the information and data necessary to facilitate completion of the study components outlined in subsection (b) of this section and shall assist the contractor or hired entity in obtaining data from other agencies, including the Office of the Chief Financial Officer ("OCFO") Office of Tax and Revenue.

(B) Provide all raw data, survey questions, survey results, and all research components and other materials prepared by a contractor or hired entity for the research required by the study, but excluding individual-level data, to the Council upon request.

(g) In complying with the provisions of this section, DCHR shall take steps to ensure the privacy and confidentiality of current and former District government employees. DCHR may not release to the public or to the Council any findings or data that contain personally identifying information.

(h)(1) OCFO shall provide all information requested by DCHR or DCHR's hired entity for the purposes of the research described in this subtitle unless sharing such information would violate District or federal laws. DCHR shall enter a data-sharing agreement with OCFO if necessary.

(2) Independent agencies shall provide all information requested by DCHR for the purposes of the research described in this subtitle. DCHR shall enter a data-sharing agreement with the agencies if necessary.

§ 1–515.07. Construction with other laws.

This subchapter may not be construed to conflict with the personnel authority granted to the Chief Financial Officer or Water and Sewer Authority under Chapter 2 of this title.

§ 1–515.08. Rules.

Within 180 days after May 23, 2019:

(1) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue final rules to implement this subchapter.

(2) Each independent agency shall, pursuant to subchapter I of Chapter 5 of Title 2, issue final rules to implement the provisions of this subchapter; and

(3) A District government entity not covered by paragraph (1) or (2) of this section to which the requirements of this subchapter apply shall adopt rules or policies to implement the provisions of this subchapter.

Subchapter II. Affirmative Action in District Government Employment.

§ 1–521.01. Goal; “available work force” defined.

The goal of affirmative action in employment throughout the District government is, and must continue to be, full representation, in jobs at all salary and wage levels and scales, in accordance with the representation of all groups in the available work force of the District of Columbia, including, but not limited to, Blacks, Whites, Spanish-speaking Americans, Native Americans, Asian Americans, females, and males. As used in §§ 1-521.01 to 1-521.08, “available work force” means the total population of the District of Columbia between the ages of 18 and 65.

§ 1–521.02. Agency affirmative action plan — Development; submission.

Every District government agency shall develop and submit to the Mayor and Council an affirmative action plan. Such plan shall be submitted within 12 calendar weeks after May 6, 1976, and each year thereafter, at the time each agency’s annual budget is submitted to the Council.

§ 1–521.03. Agency affirmative action plan — Goal of representation; actual employment levels.

(a) Each plan shall state the number of females and males who are Black, White, Spanish-speaking, Native American, and Asian American, who would, by using the goal of their representation in the available work force in the District, be employed by the agency at the actual employment levels in the agency at the time the plan is submitted. Such numbers shall be broken down:

(1) Agency wide;

(2) Within each office in the agency; and

(3) Within each pay level of each salary scale in the agency.

(b) These shall be the goals, not the quotas, of the plan. The plan shall also state the actual employment levels in the agency, broken down in the same way as the goals, and the difference between the actual employment and the goals.

§ 1–521.04. Agency affirmative action plan — Projections of hires and promotions for period of plan.

The plan shall state the number of hires and promotions the agency projects for the period until the next plan is submitted, and the number of hires and promotions of the groups enumerated in § 1-521.03, projected for that period. Such projections shall be broken down in the manner provided in § 1-521.03.

§ 1–521.05. Agency affirmative action plan — Program for securing equal employment opportunity.

The plan shall further state what actions the agency is taking to secure the equal employment opportunity within the agency of the groups enumerated in § 1-521.03, and of the aging, the young, persons with disabilities, and the homosexual citizens of the District, whether such citizens be actual or potential employees of the District government.

§ 1–521.06. Continuing responsibility of agencies for equal employment opportunity.

Equal employment opportunity is a continuing responsibility of every agency, whether or not the hiring and promotion goals in affirmative action employment plans have been reached.

§ 1–521.07. Agency affirmative action plan; number of hires, promotions and terminations during period of plan.

The plan shall further state the number of hires, promotions, and terminations (due to retirement, death, reductions in service or force, lack of performance, disciplinary action, and all other reasons), and indicate the permanent, temporary, or probationary status of the terminated employees of, and personnel grievance and equal employment complaints instituted by, persons known to be members of the various classes specified in § 1-521.05, during the period since the previously submitted plan.

§ 1–521.08. Detail by Mayor of nonuniformed equal employment opportunity officers and specialists to Office of Human Rights; limitation; uniformed positions unaffected.

The Mayor shall have the authority and is directed to detail, on a full-time basis, all persons who, on May 6, 1976, are employed, on a full-time basis, as nonuniformed equal employment opportunity officers and equal employment opportunity specialists by any agency of the District government other than the Office of Human Rights, to work in the Office of Human Rights as investigators or in other positions, all directly involved in the decision of equal employment opportunity cases instituted against the District government or any of its agencies. No person so detailed shall work on cases instituted against the agency from which the person is detailed. The Mayor shall assign such details on May 6, 1976. The positions which such persons hold shall be transferred to the budget of the Office of Human Rights in and for Fiscal Year 1977. The Metropolitan Police Department and the Fire Department are not authorized by this section to abolish, leave unfilled, or reduce the authority or duties of any uniformed equal employment opportunity officer or specialist position. This section shall not be construed to affect any uniformed position in the District government.

Subchapter III. Mayoral Nominees.

§ 1–523.01. Mayoral nominees.

*NOTE: This section includes amendments by emergency legislation that will expire on January 16, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service established by subchapter X-A of Chapter 6 of this title [§ 1-610.51 et seq.], subject to the advice and consent of the Council, within 180 calendar days of the date of the establishment of the subordinate agency or the date of a vacancy. A nomination shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, the nomination shall be deemed confirmed.

(1) If the Mayor fails to nominate a person within 180 days of the establishment of the subordinate agency vacancy or the date of vacancy, no District funds may be expended to compensate any person serving in the position.

(2) The Mayor may designate an acting subordinate agency head, but this designation shall not suspend the requirements of this section, or the provisions of § 1-610.59(a).

(b) The Mayor shall not appoint board or commission members to serve in a position that the law requires to be filled by Mayoral appointment with the advice and consent of the Council.

(c) No person shall serve in a hold-over capacity for longer than 180 days after the expiration of the term to which he or she was appointed, in a position that is required by law to be filled by Mayoral appointment with the advice and consent of the Council including to positions on boards and commissions.

(d) The provisions of this section shall not be affected by any provision in subchapter VI of Chapter 3 of this title [§ 1-315.01 et seq.].

(e) Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. If the Council does not approve by resolution within the 90-day period a nomination to these boards or commissions, the nomination shall be deemed disapproved.

(1) The Alcoholic Beverage Control Board, established by § 25-104(a);

(2) The District of Columbia Board of Library Trustees, established by § 39-104;

(3) The Board of Trustees of the University of the District of Columbia, established by § 38-1202.01;

(4) The Board of Zoning Adjustment, established by § 6-641.07;

(5) The Police Complaints Board, established by § 5-1104;

(6) The Contract Appeals Board, established by § 2-360.01;

(7) The District of Columbia Board of Elections, established by § 1-1001.03;

(8) The Commission on Human Rights, established by § 2-1404.01;

(9) Repealed.

(10) The District of Columbia Housing Finance Agency Board of Directors, established by § 42-2702.02;

(11) Repealed.

(12) Repealed.

(13) The Historic Preservation Review Board, established by Mayor’s Order 83-119, issued May 6, 1983 (30 DCR 3031) in accordance with § 6-1103;

(14) The Metropolitan Washington Airports Authority Board of Directors, established by § 9-1006(e);

(15) Repealed;

(16) The Office of Employee Appeals, established by § 1-606.01;

(17) The Public Employee Relations Board, established by § 1-605.01;

(18) The Public Service Commission, established by § 34-801;

(19) The Rental Housing Commission, established by § 42-3502.01;

(20) The Washington Convention and Sports Authority Board of Directors, established by § 10-1202.05;

(21) The Water and Sewer Authority Board of Directors, established by § 34-2202.04;

(22) The Zoning Commission for the District of Columbia, established by § 6-621.01;

(23) Repealed.

(24) Repealed.

(25) Repealed;

(26) Repealed;

(27) The Board of Commissioners of the District of Columbia Housing Authority, established by § 6-211;

(27A) The Stabilization and Reform Board of the District of Columbia Housing Authority, established by § 6-210.01;

(28) Repealed;

(29) Homeland Security Commission, established by § 7-2271.02;

(30) Repealed.

(31) The Board of Ethics and Government Accountability, established by § 1-1162.02;

(32) Commission on the Arts and Humanities, established by § 39-203;

(33) The Board of Directors of the Washington Metrorail Safety Commission established by Article III.B of § 9-1109.11;

(34) The Green Finance Authority;

(35) The Housing Production Trust Fund Board, established by § 42-2802.01;

(36) The Clemency Board, established by § 24-481.03; and

(37) The Campaign Finance Board, established by § 1-1163.02.

[(38)] The Corrections Information Council, established by § 24-101.01;

[(39)] The District of Columbia Sentencing Commission, established by § 3-101(a); and

(40) Use of Force Review Board, established by § 5-353.01.

(f) Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. The Council shall be deemed to have approved a nomination under this subsection if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved.

(1) The Apprenticeship Council, established by § 32-1402;

(2) The Armory Board, established by § 3-302;

(3) Repealed;

(4) The Board of Dentistry, established by § 3-1202.01;

(5) The Board of Medicine, established by § 3-1202.03;

(6) The Board of Nursing, established by § 3-1202.04;

(7) Repealed.

(8) The Board of Psychology, established by § 3-1202.11;

(9) Repealed.

(10) The Child Support Guideline Commission, established by § 16-916.02;

(11) Repealed;

(12) The District of Columbia Boxing and Wrestling Commission, established by § 3-604;

(13) The Multistate Tax Commission, established by § 47-441;

(14) The Public Access Corporation Board of Directors, established by § 34-1253.02;

(15) The Board of Real Estate, established by § 47-2853.06(h);

(16) Repealed;

(17) The Board of Dietetics and Nutrition, established by § 3-1202.02;

(18) The Board of Occupational Therapy, established by § 3-1202.06;

(19) The Board of Optometry, established by § 3-1202.07;

(20) The Board of Pharmacy, established by § 3-1202.08;

(21) The Board of Physical Therapy, established by § 3-1202.09;

(22) The Board of Podiatry, established by § 3-1202.10;

(23) The Board of Social Work, established by § 3-1202.12;

(24) The Board of Professional Counseling, established by § 3-1202.13;

(25) The Board of Respiratory Care, established by § 3-1202.14;

(26) The Board of Massage Therapy, established by § 3-1202.15;

(27) The Board of Chiropractic, established by § 3-1202.16;

(28) The Statewide Health Coordinating Council, established by § 44-403;

(29) The Board of Barber and Cosmetology, established by § 47-2853.06(c);

(30) The Board of Real Estate Appraisers, established by § 47-2853.06(g);

(31) Repealed;

(32) The Board of Funeral Directors, established by § 47-2853.06(f);

(33) Repealed;

(34) Repealed;

(35) The Board of Veterinary Examiners for the District of Columbia, established by § 3-505 [repealed];

(36) Reserved;

(37) The Board of Architecture, Interior Design, and Landscape Architecture, established by § 47-2853.06(a);

(38) The Board of Accountancy, established by § 47-2853.06(b);

(39) The Board of Industrial Trades, established by § 47-2853.06(d);

(40) The Board of Professional Engineering, established by § 47-2853.06(e);

(41) The Housing and Community Development Reform Commission, established by § 6-1032;

(42) The Commission on Asian and Pacific Islander Community Development, established by § 2-1373;

(43) Repealed.

(44) Repealed;

(45) Repealed;

(46) The Motor Vehicle Theft Prevention Commission, established by § 3-1352;

(47) The Commission on African Affairs, established by § 2-1393;

(48) The Science Advisory Board to the Department of Forensic Sciences, established by § 5-1501.11;

(49) The Commission on African-American Affairs, established by § 3-1441;

(50) Repealed;

(51) Other Post-Employment Benefits Fund Advisory Committee, established by § 1-621.51;

(52) The Commission on Fathers, Men, and Boys, established pursuant to § 3-731;

(53) The Commission on Health Equity, established by § 7-756.01;

(54) Youth Apprenticeship Advisory Committee, established by § 32-1412.01;

(55) The District of Columbia State Athletics Commission, established pursuant to Chapter 26A-i of Title 38;

(56) The Commission on Out of School Time Grants and Youth Outcomes, established pursuant to subchapter III-B of Chapter 15 of Title 2;

(57) The Adult Career Pathways Task Force, established by § 32-1661;

(58) Repealed.

(59) Not Funded;

(60) The Maternal Mortality Review Committee, established by § 7-671.02;

(61) The Child Fatality Review Committee, established by § 4-1371.03;

(62) The Violence Fatality Review Committee, established by § 5-1431.01;

(63) The Domestic Violence Fatality Review Board, established by § 16-1052;

(64) Expired;

(65) The Commission on Nightlife and Culture established pursuant to § 3-664(a);

(66) Repealed.

(67) The Students in the Care of D.C. Coordinating Committee established pursuant to subchapter VIII of Chapter 15 of Title 2;

(68) The Commission on Fashion Arts and Events, established by § 3-651;

(69) The Perinatal and Infant Health Advisory Committee, established by § 7-858.05;

(70) The Commission on Poverty, established by [§ 3-641.02];

(71) Repealed.

(72) Board of Rehabilitative Therapies established by § 3-1202.23;

(73) Board of Integrative Healthcare established by § 3-1202.24; and

(74) The Office of District Waterways Management, established by § 8-191.01(a).

(g) Notwithstanding any other provision of law, the Mayor shall directly appoint members to boards and commissions, without the advice and consent of the Council, to the boards and commissions not contained in subsections (e) and (f) of this section.

(h) This section shall not apply to positions on boards and commissions that are designated by law for the Mayor, his or her designee, or another member of the executive branch or his or her designee.

Subchapter IV. Modifications of Board of Education Reduction-In-Force Procedures.

§ 1–525.01. Modifications of Board of Education Reduction-in-Force procedures.

(a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia Public Schools shall be:

(1) Classified as an Educational Service employee;

(2) Placed under the personnel authority of the Board of Education; and

(3) Subject to all Board of Education rules.

(b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.

Subchapter V. Vesting Under Previous District of Columbia Retirement Program.

§ 1–527.01. Vesting under previous District of Columbia retirement program.

For purposes of vesting pursuant to § 1-626.10(b), creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of the Balanced Budget Act of 1997 shall include:

(1) continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997; and

(2) service performed for a successor employer, including the Department of Justice or the District of Columbia Offender Supervision, Defender, and Courts Services Agency established under § 24-133, that provides services previously performed by the District government.

Subchapter VI. Spouse Equity.

§ 1–529.01. Application.

This subchapter shall apply to any District employee or District retiree who is covered by the retirement program defined under § 1-702(7), or the retirement program established by §§ 1-626.03 to 1-626.12, or an officer, member, or retiree of the United States Park Police Force, or an officer, member or retiree of the United States Secret Service to whom the District of Columbia Policemen and Firemen’s Retirement and Disability Act (D.C. Code § 5-707 et seq.) applies.

(Mar. 16, 1989, D.C. Law 7-214, § 2, 36 DCR 513; Oct. 16, 1992, 106 Stat. 2167, Pub. L. 102-422, § 1(1); June 28, 1994, 108 Stat. 730, Pub. L. 103-268, § 1(a).)

Prior Codifications

1981 Ed., § 1-3001.

Section References

This section is referenced in § 1-529.03, § 1-529.04, § 5-723.05, and § 38-2021.17.

Emergency Legislation

Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369.

For temporary repeal of the Police Officers’, Fire Fighters’, and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).

Effective Dates

Section 1(b) of Pub. L. 103-268 provided that the amendment made by subsection (a) shall take effect as if included in the enactment of the District of Columbia Spouse Equity Act of 1988.

§ 1–529.02. Definitions.

(a) “Court order” means any judgment, decree, or property settlement issued by or approved by any court of any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Native American court in connection with, or incident to, the divorce, annulment of marriage, or legal separation of an employee or retiree.

(b) “Employee” means an individual who performs a function of the District government and who receives compensation for the performance of the services, as provided in § 1-603.01(7) or an officer, member, or retiree of the United States Park Police Force or an officer, member, or retiree of the United States Secret Service to whom the District of Columbia Policemen and Firemen’s Retirement and Disability Act (D.C. Code § 5-707 et seq.) applies.

(c) “Qualifying court order” means one that by its terms awards to a former spouse all or a portion of an employee’s or retiree’s retirement benefits, a payment from an employee’s or retiree’s retirement benefits, or a survivor annuity. The court order must state the former spouse’s share as a fixed amount, or a percentage or a fraction of the annuity, and shall indicate whether the former spouse should receive the amount awarded directly from the District. For purposes of awarding a survivor annuity, the court order must also either state the former spouse’s entitlement to a survivor annuity or direct the employee or retiree to provide a survivor annuity.

§ 1–529.03. Compliance with court orders.

(a) For purposes of this section, “former spouse” means a living person whose marriage to an employee or retiree has been subject to a divorce, annulment, or legal separation resulting in a court order, except that with respect to an award of a survivor annuity, it additionally means a living person:

(1) Who was married for at least 9 months to an employee or retiree who performed at least 18 months creditable service in a position covered by 1 or more of the retirement systems in § 1-529.01; and

(2) Whose marriage to the employee or retiree was terminated prior to the death of the employee or retiree.

(b) The Mayor shall comply with any qualifying court order that is issued prior to the employee’s retirement. Any qualifying court order that awards the entire amount the retirement system is responsible for with respect to that employee bars recovery by any other person.

(c) The Mayor shall comply with any qualifying court order that is issued after the employee’s retirement only to the extent it is consistent with any election previously executed at the time of retirement by the employee regarding that former spouse. Any qualifying court order that awards the entire amount the retirement system is responsible for with respect to that employee bars recovery by any other person.

(d) The Mayor is not obligated to comply with qualifying court orders issued prior to March 16, 1989.

(e)(1) Any reduction in an employee’s annuity, made pursuant to the relevant retirement system in order to provide for a survivor annuity awarded by court order, shall cease upon remarriage of the former spouse if the remarriage occurs before age 55.

(2) Payment of a survivor annuity to a former spouse pursuant to a court order shall cease upon the remarriage of the former spouse if the remarriage occurs before age 55.

(f) The Mayor is not obligated to comply with a qualifying court order issued after an employee's or retiree's death.

§ 1–529.04. Enrollment in health benefits plan.

(a) For purposes of this section, “former spouse” means a living person:

(1) Who was married for at least 9 months to an employee or retiree who performed at least 18 months creditable service in a position covered by 1 or more of the retirement systems referred to in § 1-529.01;

(2) Whose marriage to the employee or retiree was terminated prior to the death of the employee or retiree;

(3) Who was enrolled as a family member in a health benefits plan approved under the Federal Health Benefits Program or in a plan approved under §§ 1-621.05 through 1-621.13 at any time during the 18-month period before the dissolution of the marriage by divorce, annulment, or legal separation; and

(4) Who is receiving any portion of an annuity or survivor’s annuity or is entitled to receive an annuity or survivor’s annuity pursuant to an election by the employee at the time of retirement, a qualifying court order, or the provisions of the retirement system.

(b) Any former spouse of an employee or of a retiree may enroll in a health benefits plan approved under the Federal Employee Health Benefits Program or in a plan approved under §§ 1-621.05 through 1-621.13.

(c) Any former spouse who enrolls in a health benefits plan pursuant to subsection (b) of this section may elect to enroll either as an individual or for self and family, subject to an agreement by the former spouse to pay the full subscription charge of the enrollment, including any amount set aside for the administration of the health benefits plan and any necessary reserves as determined by the Mayor.

(d) Only former spouses whose marriages were dissolved after March 16, 1989 through divorce, annulment, or legal separation shall be eligible to enroll in the health benefits plans.

§ 1–529.05. Rules.

The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.

Subchapter VII. Office of Labor Relations and Collective Bargaining.

§ 1–531.01. Reimbursement for representation by Office of Labor Relations and Collective Bargaining.

(a) Any agency that is represented by the Office of Labor Relations and Collective Bargaining (“OLRCB”) in third-party cases, grievances, and dispute resolution shall pay the cost of representation established through an intradistrict agreement with the OLRCB.

(b) Beginning in Fiscal Year 2003, the OLRCB shall calculate and assess the costs for representing agencies under the direct personnel authority of the Mayor in third-party cases, grievances, and dispute resolution. The OLRCB shall negotiate the cost of representing an independent agency in third-party cases, grievances, and dispute resolution with the independent agency.

§ 1–531.02. Budget for Office of Labor Relations and Collective Bargaining.

Beginning with the proposed budget for Fiscal Year 2004, the Mayor shall provide in the budget funding for the Office of Labor Relations and Collective Bargaining (“OLRCB”) represented as a separate line or responsibility center. The Mayor shall include in the budget request submitted to the Council historical spending information for the OLRCB so that an accurate, complete comparison can be made of the fiscal costs for the OLRCB.

(Oct. 1, 2002, D.C. Law 14-190, § 3803, 49 DCR 6968.)

Cross References

Administration, “employee” defined, see § 2-223.01.

D.C. Housing Authority, executive director, duties, see § 6-255.

Department of Corrections, employees, mandatory drug and alcohol testing, grounds for termination, see §§ 24-211.23 and 24-211.24.

Department of public health, director, see § 7-153.

Education Licensure Commission, personnel, appointment and compensation, see § 38-1305.

Election campaigns, conflict of interest, disclosure, see § 1-1106.02.

Equal opportunity employment, veterans’ preference, see § 1-607.03.

Health occupation boards, compensation of staff set by Mayor, see § 3-1204.07.

Licensure, non-health related occupations and professions, compensation of boards’ support personnel, see § 47-2853.10.

Management supervisory service, composition, see § 1-609.52.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, effective date provisions, see § 1-636.02.

Merit system, equal employment opportunity, physically handicapped and developmentally disabled persons, see § 1-607.02.

Merit system, personnel system, transition, rights and benefits, see § 1-602.04.

Office of Police Complaints, executive director, duties, application of this chapter, see § 5-1106.

Public libraries, board of trustees, selection and appointment of professional librarian, see § 39-105.

Public Parking Authority, Board of Directors, compensation, see § 50-2504.

Sports and Entertainment Commission, employees not District employees, exempted from coverage, see § 3-1417.

University of the District of Columbia, Board of Trustees, powers and duties, selecting CEO and staff, approving academic and legal counsel appointments, see § 38-1202.06.

Subchapter VIII. Workplace Wellness.

§ 1–541.01. Workplace wellness policy.

(a) The Mayor shall develop and adopt a workplace wellness policy for the District government no later than one year following February 26, 2015. The workplace wellness policy shall be reviewed and updated annually.

(b) The workplace wellness policy required by subsection (a) of this section shall apply to all District agencies, including independent District agencies and the Council of the District of Columbia, but excluding boards and commissions, Advisory Neighborhood Commissions, and the Courts.

(1) Establish measurable goals for improving the health of District government employees;

(2) Improve nutrition in the workplace, including:

(A) Expanding opportunities for employees to store lunches and foods in District buildings; and

(B) Promoting the availability and consumption of water throughout the day;

(3) Improve the physical fitness of employees and physical activity during the work day, including:

(A) Providing opportunities for employees to exercise at their desks and offices; and

(B) Ensuring that staircases are accessible and their use is encouraged;

(4) Promote healthy living and educate employees about physical activity, healthy eating, stress management, and disease prevention;

(5) Provide for early detection and screening for key health indicators; and

(6) Support changes in the work environment to encourage healthy behaviors and breastfeeding and promote occupational safety and health.

(d) Each agency shall designate one employee as the agency’s wellness coordinator who shall have the responsibility of implementing the wellness policy in the agency and promoting wellness programs.

(e) It is the goal of the District for each agency to achieve the American Heart Association’s gold-level designation as a “Fit-Friendly” workplace or other evidence-based workplace initiatives of national or local health organizations.

(Feb. 26, 2015, D.C. Law 20-155, § 1092, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1092 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this section, see § 1092 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this section, see § 1092 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

§ 1–541.02. Healthy food and beverage standards for District government property.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules establishing healthy food and beverage nutrition and procurement standards that are guided by the General Services Administration document “Health and Sustainability Guidelines for Federal Concessions and Vending Operations” for all District agencies no later than one year following February 26, 2015.

(b) The standards shall consider both positive and negative contributions of nutrients, ingredients, and foods to diets, including calories, portion size, saturated fat, trans fat, sodium, sugar, and the presence of fruits, vegetables, whole grains, and nutrients of concern in Americans’ diets.

(c) The standards shall apply to foods and beverages purchased or served by District agencies, including at meetings, events, in vending machines, and through onsite vendors, with the exception of food served by the Department of Corrections and the Department of Behavioral Health to persons who reside at their institutions or are in their direct custody. No less than 50% of all foods and beverages shall be healthy, as guided by the General Services Administration document “Health and Sustainability Guidelines for Federal Concessions and Vending Operations”.

(d) The standards shall not apply to food to be served to children in schools, but may apply to food served to adults in schools if that food is separate and different from the food served to children.

(e) Exemptions may be allowed for those circumstances in which the individuals consuming the food have specific dietary needs.

(Feb. 26, 2015, D.C. Law 20-155, § 1093, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1093 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this section, see § 1093 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this section, see § 1093 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Subchapter VIII-A. Student loan repayment assistance for Council employees.

§ 1–545.01. Student loan repayment assistance for Council employees.

(a) There is established within the Council of the District of Columbia a Council Employee Student Loan Repayment Assistance Program to provide eligible post-secondary loan repayment assistance to Council employees who have been employed at the Council for one or more years as of the start of the fiscal year in which funds are appropriated for such purpose.

(b) The Council shall develop guidelines for the Council Employee Student Loan Repayment Assistance Program to include eligible loans, employee obligations, and calculation of benefits.

Subchapter VIII-B. Data Collection and Reporting of Sexual Harassment Complaints of District Government Employees.

§ 1–546.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Sexual harassment" shall have the same meaning as applied pursuant to § 2-1402.11.

(2) "Sexual Harassment Officer" means, for each agency of the District government, the agency's equal employment opportunity officer, human resources manager, or individual competent in equal employment opportunity laws who has been designated by the agency to accept sexual harassment complaints and to review and investigate claims and who has been registered with the Office of Human Rights for that purpose.

§ 1–546.02. Tracking sexual harassment complaints.

(a) For each fiscal year, each agency shall track how many sexual harassment complaints by the agency's employees:

(1) Have been reported;

(2) Have been resolved by mediation;

(3) Have been investigated;

(4) Have been substantiated through investigation;

(5) Have been deemed unsubstantiated through investigation;

(6) Have resulted in administrative or disciplinary action against one or more individuals determined to have sexually harassed the complainant;

(7) Have resulted in legal action;

(8) Have resulted in a financial settlement; and

(9) Are pending.

(b) Each agency shall also track the amounts of all financial settlements resulting from sexual harassment complaints involving the agency during each fiscal year.

(c) Each agency shall facilitate compliance with subsections (a) and (b) of this section by ensuring that either its Sexual Harassment Officer or an alternative agency designee, as identified in writing to the Office of Human Rights, are notified within 30 days any time an employee of the agency complains of sexual harassment, and by ensuring that the Sexual Harassment Officer or an alternative agency designee has continuous access to all information necessary to comply with subsections (a) and (b); provided, that if an employee's complaint is against an agency's Sexual Harassment Officer or alternative agency designee, the agency shall ensure that all information that would be tracked by the Sexual Harassment Officer or alternative agency designee under subsections (a) and (b) regarding the complaint is reported directly to the Office of Human Rights within 30 days of each occurrence.

§ 1–546.03. Reporting.

(a) By November 12, 2023, and annually thereafter, each agency shall transmit all data collected pursuant to § 1-546.02 regarding the preceding fiscal year to the Office of Human Rights.

(b) By December 3, 2023, and annually thereafter, the Office of Human Rights shall submit a report to the Council and the Office of the Attorney General including the data described in § 1-546.02 for each agency. For agencies with fewer than 50 employees, the Office of Human Rights may elect to report some of the information listed in § 1-546.02(a) in aggregate format across clusters of up to 5 agencies if the Director of the Office of Human Rights, in consultation with the Director of the Department of Human Resources, determines doing so is necessary to safeguard the confidentiality of individual employees.

(Sept. 21, 2022, D.C. Law 24-171, § 4, 69 DCR 009215.)

Editor's Notes

For a temporary (90 days) amendment to the requirement that the Inspector General hire and direct independent counsel to review investigations of complaints of sexual harassment and violations of Mayor's Order 2017-313, see D.C. Act 25-393.

For a temporary (225 days) amendment to the requirement that the Inspector General hire and direct independent counsel to review investigations of complaints of sexual harassment and violations of Mayor's Order 2017-313, see sections 2 and 3 of D.C. Law 25-112.

For a temporary (225 days) requirement that the Inspector General hire and direct independent counsel to review investigations of complaints of sexual harassment and violations of Mayor's Order 2017-313, see D.C. Law 25-79.

For a temporary (90 days) requirement that the Inspector General hire and direct independent counsel to review investigations of complaints of sexual harassment and violations of Mayor's Order 2017-313, see D.C. Act 25-292.

Subchapter IX. Bonus Pay and Special Awards Pay.

§ 1–551.01. Short title.

This subchapter may be cited as the "Bonus Pay and Special Awards Pay Act of 2016".

§ 1–551.02. Bonus pay and special awards pay; generally.

(a) Unless authorized pursuant to this subchapter, no funds shall be used to support the categories of bonus pay or special awards pay. The prohibition on the use of funds under this subchapter shall include funds appropriated to any agency, department, unit, or instrumentality of the District of Columbia government, and, unless specifically authorized in a grant agreement, any funds disbursed by the District through a grant.

(b) Notwithstanding subsection (a) of this section, an agency, department, unit, or instrumentality of the District of Columbia government may use funds to support the categories of bonus pay or special awards pay if the agency, department, unit, or instrumentality establishes a Performance Based Rewards Program pursuant to § 1-551.03 and meets the other requirements of this subchapter.

(c) Notwithstanding subsection (a) of this section, each personnel authority of the Council, the Office of the District of Columbia Auditor, and the Office of Advisory Neighborhood Commissions may use funds to support bonus pay or special awards pay.

§ 1–551.03. Bonus pay and special awards pay; Performance Based Rewards Program.

(a) In order to use funds for bonus pay or special awards pay, a District agency, department, unit, or instrumentality shall establish a Performance Based Rewards Program ("Program") that is approved by the personnel authority for the relevant agency, department, unit, or instrumentality.

(b) A Program established pursuant to this subchapter shall include detailed regulations for the payment of bonus pay or special awards pay to employees that, at a minimum:

(1) Limit the authorization period for bonus pay and special awards pay to the fourth quarter of the fiscal year;

(2) Limit the issuance of bonus pay or special awards pay to a one-time basis, without any promise or suggestion of continuing payments;

(3) Limit the issuance of bonus pay or special awards pay to employees on an individual basis, and not to a group or class of employees unless each of the employees in the group or class individually warrants such payment;

(4) Require any issuance of bonus pay or special awards pay to be based on performance, with the employee having exceeded the expectations of the supervisor or employer;

(5) Require that an employee have had a performance evaluation, in writing, no earlier than 90 days before the issuance of a bonus pay or special awards pay;

(6) Require written justification for the bonus pay or special awards pay by the employee's immediate supervisor or the head of the agency, department, unit, or instrumentality;

(7) Cap the amount of bonus pay or special awards pay that can be received at 10% of the employee's base rate of pay or, for an employee paid at an hourly rate, an amount not to exceed 10% of the employee's wages for the 12 months preceding the award; and

(8) Limit the availability of any bonus pay or special awards pay to one payment per calendar year and prohibit an employee from receiving bonus pay and special awards pay within the same calendar year.

(c) Any Program for an Executive branch agency, department, unit, or instrumentality, including an independent agency, shall be approved by the District of Columbia Human Resources Department before its implementation.

(d) This section shall not apply to the Council, the Office of the District of Columbia Auditor, and the Office of Advisory Neighborhood Commissions.

§ 1–551.04. Bonus pay and special awards pay; reporting requirements.

In addition to any other requirements under this subchapter, any payment of bonus pay or special awards pay made pursuant to § 1-551.02(b) shall be followed, within 60 days of the payment, by notification in writing to the relevant personnel authority of the issuance of the payment and a description of the basis for the payment that includes the employee's name, title, and salary, the payment amount, and a detailed justification for the payment.

§ 1–551.05. Bonus pay and special awards pay; subordinate agency heads ineligible.

Any authorization under this subchapter for the use of funds to support the categories of bonus pay or special awards pay shall not extend to a payment to a subordinate agency head in the Executive Service established by subchapter X-A of Chapter 6 of this title.

§ 1–551.06. Bonus pay and special awards pay; exceptions to prohibition.

(a) Notwithstanding the prohibition in § 1-551.02(a), funds may be used to pay:

(1) Retirement awards;

(2) Hiring bonuses for difficult-to-fill positions;

(3) Additional income allowances for difficult-to-fill positions; provided, that this is not a waiver of § 1-551.05;

(4) Agency awards or bonuses funded by private grants or donations;

(5) Employee awards pursuant to § 1-619.01;

(6) Safe-driving awards;

(7) Gainsharing incentives in the Department of Public Works;

(8) Suggestion or invention awards;

(9) Quality steps;

(10) Salary incentives negotiated through collective bargaining; or

(11) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before October 8, 2016.

(b) Notwithstanding the prohibition in § 1-551.02(a) or any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply to employees of the District of Columbia Public Schools who are based at a local school or who provide services directly to individual students.

(c) Notwithstanding the prohibition in § 1-551.02(a) or any other provision of law, the Office of the Attorney General shall pay employees of the Office of the Attorney General all performance allowance payments to which they are entitled or may become entitled under any approved compensation agreement negotiated between and executed by the Mayor and Compensation Unit 33 of the American Federation of Government Employees, Local 1403, AFL-CIO for the period from October 1, 2013, through September 30, 2017. These payments are necessary to satisfy the requirements of § 1-608.57, which requires the Attorney General's performance-management system to link pay to performance.

Subchapter X. Freeze on Pay Increases and Benefits from October 1, 2020 through September 30, 2021. [Repealed]

§ 1–555.01. Definitions. [Repealed]

*NOTE: This section was repealed by temporary legislation that will expire on June 16, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

Repealed.

§ 1–555.02. Freeze on cost-of-living adjustments. [Repealed]

Repealed.

§ 1–555.03. Maintenance of Fiscal Year 2020 salary schedules and benefits. [Repealed]

Repealed.

§ 1–555.04. Rules. [Repealed]

Repealed.

§ 1–555.05. Revised revenue contingency. [Repealed]

Repealed.

Subchapter XI. District of Columbia Auditor Compensation.

§ 1–556.01. Auditor compensation.

Pursuant to § 1-204.55(a), the District of Columbia Auditor shall be paid at a rate equal to the compensation of the Chairman of the Council established pursuant to § 1-204.03(d).