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;
(C) The employee's status as a full-time, part-time, term, or permanent employee; and
(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.
§ 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 subchapterChapter 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;
(C) Determine if a waiver is in the best interest of District government; and
(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,
(C) Determine if a waiver is in the best interest of District government; and
(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;
(C) Reasons for 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;
(C) Independent 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.
(C) Capture demographic information as well as information on actual housing costs of survey participants;
(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.
