Chapter 6. Merit Personnel System.

Subchapter I. Findings; Purpose.

§ 1–601.01. Findings.

The Council of the District of Columbia finds that:

(1) The provisions of § 1-204.22(3) require that the Council of the District of Columbia adopt a comprehensive merit system of personnel management for the government of the District of Columbia before January 2, 1980.

(2) The provisions of §§ 1-202.01(f), 1-202.04(g), 1-204.22(3), 1-207.13(c) and (d), and 1-207.14(c), guarantee certain benefits to incumbent employees of the District of Columbia government and those persons transferred to the District of Columbia government from the formerly independent National Capital Housing Authority, District of Columbia Redevelopment Land Agency and the District of Columbia Department of Manpower including, without limitation, benefits relating to appointments, promotions, discipline, separation, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans preference.

(3) The present authority for filling positions within the District of Columbia government is fragmented, both between the United States Civil Service Commission and the District of Columbia government, and among various subdivisions of the District government, such as, the District of Columbia Board of Education, the Trustees of the University of the District of Columbia and other independent boards and commissions.

(Mar. 3, 1979, D.C. Law 2-139, § 102, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-601.1.

1973 Ed., § 1-331.1.

Section References

This section is referenced in § 1-607.03, § 1-1001.06, § 1-1161.01, § 2-359.10, § 2-1515.08, § 2-1594, § 7-771.01, § 7-771.05, § 34-2202.15, § 34-2202.17, and § 44-951.10.

Cross References

Board of elections and ethics, control over board, see § 1-1001.06.

Water and sewer authority, merit personnel system inapplicable, see § 34-2202.15.

Water and sewer authority, transition provisions, see § 34-2202.17.

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, Title XX-E, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-277, February 20, 2014, 61 DCR 1576).

For temporary (90 days) addition of D.C. Law 2-139, Title XX-F, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-277, February 20, 2014, 61 DCR 1576).

Editor's Notes

Pub. L. 106-113, Div. A, Title I, § 120, Nov. 29, 1999, 113 Stat. 1515, and Pub. L. 107-96, § 111(a), Dec. 21, 2001, 115 Stat. 948, provided: “Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code.” Two Percent (2%) Mid-Year Adjustment of Pay Rates for Career & Excepted Service Employees of the D.C. Within the Scope of Collective Bargaining Represented by Compensation Units 1 (DS), 2 (WG) and 14 (LPNs): See Mayor’s Order 90-70, May 7, 1990.

Delegation of Authority

Director of Personnel and Chief of Police, see Mayor’s Order 99-79, May 13, 1999 ( 46 DCR 5436).

§ 1–601.02. Purpose.

(a) The Council of the District of Columbia declares that it is the purpose and policy of this chapter to assure that the District of Columbia government shall have a modern flexible system of public personnel administration, which shall:

(1) Provide for increasingly autonomous control over personnel administration by the District of Columbia government;

(2) Create uniform systems for personnel administration among the executive departments and agencies reporting directly to the Mayor of the District of Columbia and among the Council, independent agencies, boards, and commissions in the District of Columbia government;

(3) Create separate personnel management systems for educational employees of the School of Law, the District of Columbia Board of Education, and the University of the District of Columbia;

(4) Insure the efficient administration of this personnel system;

(5) Establish impartial and comprehensive administrative or negotiated procedures for resolving employee grievances;

(6) Provide for a positive policy of labor-management relations including collective bargaining between the District of Columbia government and its employees; and

(7) Establish the means to recruit, select, develop, and maintain an effective and responsive work force consistent with merit principles.

(b) The Career and Educational Services established in subchapters VIII and VIII-A of this chapter shall follow merit principles such as the following:

(1) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills, including open and competitive consideration of qualified applicants for initial appointment;

(2) Providing equitable and adequate compensation;

(3) Training employees, as needed, to assure high-quality performance;

(4) Retaining employees on the basis of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; and

(5) Assuring, as provided in this chapter, fair treatment of applicants and employees in all aspects of employment without regard to political affiliation, race, color, national origin, sex, religious belief, age, marital status, personal physical appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, or developmental disability. A proper regard shall be accorded all rights of privacy and other constitutionally protected rights of citizens.

(c) Employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.

(Mar. 3, 1979, D.C. Law 2-139, § 103, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(a), 33 DCR 7241; Apr. 24, 2007, D.C. Law 16-305, § 3(a), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 3(a), 55 DCR 3696; Apr. 1, 2017, D.C. Law 21-232, § 2(a), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-601.2.

1973 Ed., § 1-331.2.

Effect of Amendments

D.C. Law 16-305, in subsec. (b)(5), substituted “disability” for “handicap”.

D.C. Law 17-177, in subsec. (f), substituted “sexual orientation, gender identity or expression” for “sexual orientation or preference”.

Cross References

Commission on the arts and humanities, executive director, see § 39-205.

District of Columbia retirement board, see § 1-711.

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

Lobbying, “official in the executive branch” defined, see § 1-1105.01.

Merit system, disability compensation, computation, see § 1-623.14.

Merit system, disability compensation, deaths resulting from injuries sustained on duty, compensation, beneficiaries, see § 1-623.33.

Merit system, disability compensation, maximum and minimum compensation rates, see § 1-623.12.

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

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

Merit system, employee conduct, ethics counselors, see § 1-618.03.

Office of business and economic development, executive director, see § 2-1201.04.

Office of Latino affairs, executive director, see § 2-1312.

Office of people’s counsel, powers and duties, see § 34-804.

Office on aging, executive director, see § 7-503.02.

Public service commission, membership, see § 34-801.

Rental housing commission, powers and duties, see § 42-3502.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(a) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Subchapter II. Coverage; Status of Present Employees; Retention of Existing Personnel Rights and Benefits.

§ 1–602.01. Coverage; exceptions.

(a) Except as provided in subsection (c) of this section, unless specifically exempted from certain provisions, this chapter shall apply to all employees of the District of Columbia government, except the Chief Judges and Associate Judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals and the nonjudicial personnel of said Courts. With the exception of subchapters V and XVII of this chapter, and § 1-608.01(e), employees of the D.C. General Hospital and the D.C. General Hospital Commission shall be exempt from the provisions of this chapter.

(b) Repealed.

(c) The provisions of subchapter XV-A shall apply to employees of the Council and all District agencies, including, but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department.

(d) With the exception of subchapters V, XXVII, XV-A, XXI, XXII, XXIII and XXVI, employees of the District of Columbia Housing Authority shall be exempt from the provisions of this chapter.

(Mar. 3, 1979, D.C. Law 2-139, § 201, 25 DCR 5740; Oct. 1, 1987, D.C. Law 7-27, § 2(a), 34 DCR 5079; Mar. 16, 1989, D.C. Law 7-228, § 2(a), 36 DCR 754; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261(b)(1); Oct. 7, 1998, D.C. Law 12-160, § 102(a)(1), 45 DCR 5147; May 9, 2000, D.C. Law 13-105, § 27, 47 DCR 1325; June 12, 2003, D.C. Law 14-310, § 4(a), 50 DCR 1092; Apr. 1, 2017, D.C. Law 21-232, § 2(b), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-602.1.

1973 Ed., § 1-332.1.

Effect of Amendments

D.C. Law 13-105 added subsec. (d).

D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(b) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary amendment of section, see § 102(a)(1) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(1) of the Whistleblower Reinforcement Congressional Review Emergency Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Washington Convention Center: Section 9-817 of the D.C. Code provided that the District of Columbia Government Comprehensive Merit Personnel Act of 1978 shall not apply to employees of the Washington Convention Center.

§ 1–602.02. Limited application of chapter.

The provisions of this chapter shall apply to the following employees of the District of Columbia government only to the following extent:

(1) The Mayor, each member of the Council of the District of Columbia, and the Attorney General are entitled to pay, as provided in § 1-611.09, in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85. The Mayor, each member of the Council of the District of Columbia, and the Attorney General may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter, and are covered by the provisions of subchapters XVIII, XXV, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(2) The President and each member of the District of Columbia Board of Education are entitled to pay, as provided in § 1-611.10, and may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter. The President and each member of the District of Columbia Board of Education are covered by the provisions of subchapters XXV, XXVIII, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(3) Except as otherwise provided in this chapter, each member of a board or commission appointed to perform part-time, temporary or intermittent duties is entitled to pay as provided in § 1-611.08. Full-time employees who serve on boards and commissions shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11. Individuals serving as employees of boards and commissions shall be covered by the provisions of § 1-608.01(e). Members of boards and commissions are covered by the provisions of subchapters XVIII, XIII, XV, XXIX, XXX, and XXXI and §§ 1-604.08 and 1-608.01(e) and shall, if eligible under the terms of an agreement entered into by the Mayor and a federal agency under the provisions of subchapter XXVIII of this chapter, be covered by the provisions of subchapters XXI, XXII, and XXVI of this chapter. This section shall not apply to compensation received by the Board of Education as provided in § 1-611.10;

(4) Each person employed as an educational employee of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of § 1-602.03.

(5) Each person employed by an Advisory Neighborhood Commission shall be governed by the provisions of subchapters XXI and XXII of this chapter.

(6) Notwithstanding any other provision of District law, subchapter XV-A shall apply to all District employees.

(Mar. 3, 1979, D.C. Law 2-139, § 202, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(a), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(b), 33 DCR 7241; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 6, 1991, D.C. Law 8-203, § 4, 37 DCR 8420; Aug. 1, 1996, D.C. Law 11-152, § 302(a), 43 DCR 2978; Oct. 7, 1998, D.C. Law 12-160, § 102(a)(2), 45 DCR 5147; June 12, 2003, D.C. Law 14-310, § 4(b), 50 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(a), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-602.2.

1973 Ed., § 1-332.2.

Section References

This section is referenced in § 1-604.04.

Effect of Amendments

D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.

The 2015 amendment by D.C. Law 21-36, in (1), substituted “Mayor, each member of the Council of the District of Columbia, and the Attorney General” for “Mayor and each member of the Council of the District of Columbia” twice, and substituted “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85” for “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a)” in the first sentence.

Cross References

Merit system, applicability to national capital revitalization corporation, see § 2-1219.05.

Merit system, applicability to Washington Convention Center employees, see § 10-1202.16.

Emergency Legislation

For temporary amendment of section, see § 102(a)(2) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(2) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

For temporary (90 days) amendment of this section, see § 1033(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–602.03. Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.

(a) Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of this chapter with the exception of subchapters VIII, IX (except to the extent provided therein), and X-A of this chapter. Subchapter VIII-A of this chapter shall only apply to such educational employees.

(b) Educational employees of the Board of Trustees of the University of the District of Columbia shall not be governed by the provisions of § 1-609.01 relating to the development of job descriptions in consultation with the Mayor. The Board of Trustees of the University of the District of Columbia shall develop policies on classification, appointment, promotion, retention, and tenure of employees consistent with the educational missions of their respective schools and in accordance with the sound policies and practices of the American Bar Association in the case of the School of Law, and of land-grant universities that meet the standards established by the College and Universities Personnel Association in the case of the University of the District of Columbia. Additionally, educational employees shall not be covered by subchapters VIII, X, XI (except as it provides for pay setting), XIII, XIII-A, XIX, and XXIV of this chapter.

(c)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Board of Trustees of the University of the District of Columbia ("Board") shall use a ranking system based on a scale of 100 points for all employment decisions for all non-educational positions within the Board.

(B) 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. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

(D) An individual who claimed the residency preference 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.

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

(2) The Board shall verify and enforce District residency requirements pursuant to § 1-515.04.

(3) By November 1 of each year and pursuant to § 1-515.06, the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

(Mar. 3, 1979, D.C. Law 2-139, § 203, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(c), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(b), 43 DCR 2978; Mar. 24, 1998, D.C. Law 12-81, § 2(a), 45 DCR 745; Apr. 12, 2000. D.C. Law 13-91, § 103(a), 47 DCR 520; Feb. 6, 2008, D.C. Law 17-108, § 203(a), 54 DCR 10993; May 23, 2019, D.C. Law 22-315, § 3(a), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-602.3.

1973 Ed., § 1-332.3.

Section References

This section is referenced in § 1-602.02, § 1-604.04, § 1-604.06, and § 1-608.01a.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), in the first sentence, substituted “XI-A” for “XI”.

D.C. Law 17-108 added subsec. (c).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: See Historical and Statutory Notes following § 1-602.02.

§ 1–602.04. Status of employees employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02; retention of existing rights.

(a) Persons employed by the District of Columbia government serving on the date that this chapter becomes effective, as provided in § 1-636.02, shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of personnel law and rules and regulations in force on the date immediately prior to the date that this chapter becomes effective as provided in § 1-636.02.

(b) All provisions of existing contracts between the District government and labor organizations shall be honored until their expiration.

(c) On January 1, 1980, all persons employed by the District of Columbia government, including those persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02, shall automatically transfer into the appropriate personnel system as established pursuant to subchapters VIII and VIII-A of this chapter or § 1-609.04 or § 1-609.09. The classification of and compensation for the position assumed upon transfer, and the rights and benefits inhering in such position, shall be at least equal to the classification, compensation, rights and benefits associated with the position from which said employee is transferred. The rights and benefits protected under this subsection shall be only those applicable to said employees under the provisions of personnel laws and rules and regulations in force on December 31, 1979: Provided, however, that no employee covered under the provision of this subsection shall be reduced in pay except as provided in subchapter XXIV of this chapter.

(d) After January 1, 1980, persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02 and who transfer into the appropriate personnel system, pursuant to subsection (c) of this section, shall be governed by the provisions of this chapter, with the exception of subsection (e) of § 1-608.01 and subsection (d) of § 1-608.01a.

(e) Employees hired on or after the date that this chapter becomes effective as provided in § 1-636.02 shall be governed by all the provisions of this chapter without exception.

§ 1–602.05. Development of new personnel system.

In accordance with the provisions of § 1-602.04, the Mayor and each personnel authority shall cause the development of unified systems for all employees of the District of Columbia government. Each employee of the District of Columbia government employed on December 31, 1979, shall be guaranteed no reduction of current pay and benefits except as provided in subchapter XXIV of this chapter.

§ 1–602.06. Supersession provisions; effectiveness of collective bargaining on compensation matters.

On the date that the provisions of § 1-617.16 become operational and negotiations commence concerning compensation matters, all employees of the District government in the appropriate bargaining units under § 1-617.16, including those described in § 1-602.04, shall be subject to the procedures and provisions for establishing compensation provided in § 1-617.16: Provided, however, that no employee subject to the provisions of § 1-602.04 shall be reduced in actual pay, except in accordance with the provisions of subchapter XXIV of this chapter.

Subchapter III. Definitions.

§ 1–603.01. Definitions.

For the purpose of this chapter unless otherwise required by the context:

(1) The term “agency” means any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of 1 or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" shall not include the Council.

(1A) The term “Attorney General” means the Attorney General for the District of Columbia.

(2) The term “boards and commissions” means bodies established by law or by order of the Mayor of the District of Columbia consisting of appointed members to perform a trust or execute official functions on behalf of the District of Columbia government. Compensation or reimbursement of expenses, if any, to such members shall be provided according to § 1-611.08; provided, however, that full-time employees shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11.

(3) The term “Career Service” means positions in the District of Columbia government as provided for in subchapter VIII of this chapter and § 1-602.04.

(4) The term “Council” means the Council of the District of Columbia, created pursuant to § 1-204.01.

(5) The term “District” means the District of Columbia government (§ 1-102).

(5A) The term “domestic partner” shall have the same meaning as provided in § 32-701(3).

(5B) The term “domestic partnership” shall have the same meaning as provided in § 32-701(4).

(5C) The term “domicile” means:

(A) Physical presence in the District of Columbia; and

(B) An intent to abandon any and all former domiciles and remain in the District of Columbia during the duration of the appointment.

(6) The term “educational employee” means an employee of the District of Columbia Board of Education or of the Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:

(A) Clerical, stenographic, or secretarial positions;

(B) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;

(D) Cooks, dieticians, and other positions involved in direct planning, preparation, service, and conditions of preparation and service of food;

(E) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or

(F) Positions the major duties in which consist of the supervision of employees covered in subparagraphs (A) through (E) of this definition: provided, however, that this subparagraph shall not be deemed to include heads of academic units at the School of Law or the University of the District of Columbia.

(7) The term “employee” means, except when specifically modified in this chapter, an individual who performs a function of the District government and who receives compensation for the performance of such services.

(7A) The term "entry-level" means a competitive District government position that:

(A) Requires 3 or fewer years of prior work experience; and

(B) Does not require educational certification above a high school diploma or its equivalent.

(8) The term “Excepted Service” means positions in the District of Columbia government as provided for in subchapter IX of this chapter.

(8A) The term "exceptional circumstances" means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control.

(9) The term “Executive Service” means any subordinate agency head whom the Mayor is authorized to appoint in accordance with subchapter X-A of this chapter.

(9A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).

(10) The term “grievance” means any matter under the control of the District government which impairs or adversely affects the interest, concern, or welfare of employees, but does not include adverse actions resulting in removals, suspension of 10 days or more, or reductions in grade, reductions in force or classification matters. This definition applies to matters which are subject to procedures established pursuant to section § 1-616.53 and is not intended to restrict matters that may be subject to a negotiated grievance and arbitration procedure in a collective bargaining agreement between the District and a labor organization representing employees.

(10A) The term “hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

(11) The term “head” means the highest ranking executive official of an agency.

(12) The term “holidays” means any day established as a legal holiday pursuant to subchapter XII of this chapter.

(13) The term “independent agency” means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections, the Board of Ethics and Government Accountability, the Campaign Finance Board, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, the Office of Employee Appeals, and the Rental Housing Commission. For the purposes of this chapter, the Office of the Attorney General for the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District.

(13A) The term “Legal Service” means positions in the District of Columbia government as provided for in subchapter VIII-B of this chapter.

(13B) The term “Management Supervisory Service” means positions in the District of Columbia government as provided for in subchapter IX-A of this chapter.

(13C) The term “nonschool-based personnel” means any employee of the District of Columbia Public Schools who is not based at a local school or who does not provide direct services to individual students.

(14) The term “personnel authority” means an individual with the authority to administer all or part of a personnel management program as provided in subchapter IV of this chapter.

(14A) “Public official” means:

(A) A candidate, as that term is defined in § 1-1161.01.

(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title [§ 1-201.01 et seq.];

(D) A Representative or Senator elected pursuant to § 1-123;

(E) An Advisory Neighborhood Commissioner;

(F) A member of the State Board of Education;

(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;

(H) A member of a board or commission listed in § 1-523.01(e); and

(I) A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest.

(14B) The term "qualifying patient" means an individual who is actively registered in the District's medical marijuana program established pursuant to § 7-1671.05 or in the medical marijuana program of the employee's jurisdiction of residence.

(15) The term “resident” means any person who is a domiciliary of the District of Columbia and who throughout his or her employment by the District maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

(15A) The term "resident District graduate" means a resident who received a high school diploma from the District of Columbia Public Schools or a District public charter school or who received a GED or high school equivalency credential from the District of Columbia.

(15B) The term "safety-sensitive" means a position in which it is reasonably foreseeable that, if the employee performs the position's routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.

(15C) The term “school administrators” means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia Public Schools.

(16) The term “standard” means any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.

(17) The term “subordinate agency” means any agency under the direct administrative control of the Mayor, including, but not limited to, the following:

(A) Office of Operations (Mayor’s Order 83-17);

(B) Office of Economic Development (Mayor’s Order 83-18);

(D) Repealed.

(E) Department of Corrections (Organization Order 7);

(F) Department of Public Works (Reorganization Plan No. 4 of 1983);

(G) Department of Finance and Revenue (Commissioner’s Order 69-96);

(H) Fire and Emergency Medical Services Department (Reorganization Order 6);

(I) Department of Administrative Services (Reorganization Plan No. 5 of 1983);

(J) Department of Housing and Community Development (Reorganization Plan 3 of 1975);

(K) Repealed;

(L) Metropolitan Police force (§ 5-105.05);

(M) Department of Parks and Recreation (Organization Order 10);

(N) Department of Human Services (Reorganization Plan No. 2 of 1979 and Mayor’s Reorganization Plan No. 3 of 1986), including:

(i) The Commission on Social Services;

(ii) Repealed;

(iii) Repealed; and

(iv) Repealed;

(O) Department of Employment Services (Reorganization Plan No. 1 of 1980);

(P) Department of Consumer and Regulatory Affairs (Reorganization Plan No. 1 of 1983);

(Q) Homeland Security and Emergency Management Agency (Commissioner’s Order 74-261);

(R) Office of Human Rights;

(S) Office of Personnel (§ 1-604.02);

(T) Office on Latino Affairs (§ 2-1311);

(U) Department of Aging and Community Living (§ 7-503.01);

(V) Repealed;

(W) Board of Parole (Organization Order 6);

(X) Repealed;

(Y) Office of Business and Economic Development (§ 2-1201.02);

(Z) Office of the Secretary of the District of Columbia (Mayor’s Order 84-77);

(AA) Office of Inspector General (§ 1-301.115a);

(BB) Repealed;

(CC) Repealed;

(DD) Office of Cable Television and Telecommunications;

(EE) Repealed;

(FF) Repealed;

(GG) Repealed;

(HH) Office of the Budget (Mayor’s Order 79-5);

(II) Repealed;

(JJ) Repealed;

(KK) Repealed;

(LL) Repealed.

(MM) Department of Health;

(NN) Office of Contracting and Procurement;

(OO) Repealed;

(PP) Department of Insurance, Securities, and Banking;

(QQ) Repealed;

(QQ-i) Department of General Services;

(RR) Office of the Chief Technology Officer;

(SS) Department of Motor Vehicles;

(TT) Office of Planning (Mayor’s Order 83-25);

(UU) Office of Local Business Development;

(VV) Office of Deputy Mayor for Planning and Economic Development;

(WW) Office of the Chief Medical Examiner;

(XX) Child and Family Services Agency;

(YY) Department of Mental Health;

(ZZ) District Department of Transportation;

(AAA) Office of Unified Communications;

(BBB) Department of Youth Rehabilitation Services;

(CCC) The Office of Risk Management, established by Reorganization Plan No. 1 of 2003;

(DDD) Department on Disability Services; and

(EEE) District of Columbia Public Schools.

(Mar. 3, 1979, D.C. Law 2-139, § 301, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(c), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(d), 33 DCR 7241; Mar. 16, 1989, D.C. Law 7-201, § 2, 36 DCR 248; Mar. 24, 1990, D.C. Law 8-97, § 3(a), 37 DCR 1046; Sept. 26, 1995, D.C. Law 11-52, § 801(a), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(a), 43 DCR 5; Jan. 26, 1996, D.C. Law 11-78, § 501(a), 42 DCR 6181; Sept. 26, 1995, D.C. Law 11-52,§ 1001(a), 42 DCR 3684; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(1); Aug. 1, 1996, D.C. Law 11-152, § 302(c), 43 DCR 2978; Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(1); Apr. 9, 1997, D.C. Law 11-255,§ 4(a), 44 DCR 1271; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261(b)(2); June 10, 1998, D.C. Law 12-124, § 101(a), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, §§ 1807, 1817, 1828, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, §§ 5(a), 53, 46 DCR 2118; June 12, 1999, D.C. Law 12-285, § 3, 46 DCR 1355; Oct. 20, 1999, D.C. Law 13-38, §§ 208 and 225, 46 DCR 6373; Apr. 12, 2000, D.C. Law 13-91, § 103(b), 47 DCR 520; Oct. 19, 2000, D.C. Law 13-172, §§ 1902 and 2919(a), 47 DCR 6308; Apr. 4, 2001, D.C. Law 13-277,§ 3(b)(1), 48 DCR 2043; June 19, 2001, D.C. Law 13-313, § 2(a) 48 DCR 1873; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(1), 48 DCR 7674; May 21, 2002, D.C. Law 14-137, § 10, 49 DCR 3444; Oct. 1, 2002, D.C. Law 14-185, § 2(a), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(a), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, §§ 2(a), 19(a), 20(d), 51 DCR 881; June 11, 2004, D.C. Law 15-166, § 4(a), 51 DCR 2817; Dec. 7, 2004, D.C. Law 15-205, § 3221, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-335, § 201, 52 DCR 2025; Apr. 13, 2005, D.C. Law 15-354, § 5(a), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, §§ 113, 117, 118(a), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191,§ 116, 53 DCR 6794; Mar. 14, 2007, D.C. Law 16-262, § 401, 54 DCR 794; Mar. 14, 2007, D.C. Law 16-264, § 201, 54 DCR 818; June 12, 2007, D.C. Law 17-9, § 1001, 54 DCR 4102; June 25, 2008, D.C. Law 17-177, § 3(b), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 3(a), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, §§ 157(e), 176, 203(c), 248, 56 DCR 1117; Sept. 14, 2011, D.C. Law 19-21, § 1032(a), 58 DCR 6226; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(1), 59 DCR 1862; Sept. 26, 2012, D.C. Law 19-171, § 9(a), 59 DCR 6190; Oct. 22, 2015, D.C. Law 21-36, § 1033(b), 62 DCR 10905; Apr. 1, 2017, D.C. Law 21-232, § 2(c), 64 DCR 876; Oct. 30, 2018, D.C. Law 22-168, § 1082(a), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-200, § 3(a), 65 DCR 12066; Feb. 22, 2019, D.C. Law 22-211, § 2(a), 65 DCR 12603; Mar. 13, 2019, D.C. Law 22-250, § 4(a), 66 DCR 985; Mar. 29, 2019, D.C. Law 22-276, § 3(a), 66 DCR 1721; May 23, 2019, D.C. Law 22-315, § 3(b), 66 DCR 1983; Sept. 11, 2019, D.C. Law 23-16, § 2203(c)(1), 66 DCR 8621; Apr. 27, 2021, D.C. Law 23-276, § 2(b), 68 DCR 00048; Oct. 22, 2022, D.C. Law 24-190, § 301(a), 69 DCR 008849.)

Prior Codifications

1981 Ed., § 1-603.1.

1973 Ed., § 1-333.1.

Section References

This section is referenced in § 1-515.02, § 1-529.02, § 1-608.01a, § 1-609.06, § 1-612.04, § 1-612.31, § 1-711, § 2-1215.16, § 3-101, and § 22-4231.

Effect of Amendments

D.C. Law 13-38, in subsec. (17), deleted “(Commissioner’s Order 71-224)” from the end of par. (R), and added par. (UU) to read “Office of Local Business Development”.

D.C. Law 13-91, in subsec. (9), substituted “subchapter XI-A” for “subchapter XI”; in subsec. (10), in the second sentence, substituted “1-617.53” for “1-617.3”; redesignated former subsec. (13A) as subsec. (13B); and inserted new subsec. (13A) defining “Legal Service”.

D.C. Law 13-172, in subsec. (17), added par. (VV) to read “Office of Deputy Mayor for Planning and Economic Development”, and par. (WW) to read “Office of the Chief Medical Examiner”.

D.C. Law 13-277, in subsec. (17), added par. (XX).

D.C. Law 13-313, in subsec. (17), par. (Q), substituted “Emergency Management Agency” for “Office of Emergency Preparedness”.

D.C. Law 14-56, in subsec. (17), repealed par. (N)(iii), which had read: “The Commission on Mental Health; and”, struck “and” at the end of par. (WW), substituted “; and” for a period at the end of par. (XX), and added par. (YY).

D.C. Law 14-137, in par. (17)(WW), made a nonsubstantive change; in par. (17)(YY), substituted “Child and Family Services; and” for “Child and Family Services.”; and added par. (17)(ZZ).

D.C. Law 14-185 added pars. (5A), (8A), and (10A).

D.C. Law 14-213 redesignated par. (13B) as (13C); added a new par. (13B); and in par. (19)(M), substituted “Department of Parks and Recreation” for “Department of Recreation and Parks”.

D.C. Law 15-105, in subpar. (T) of par. (17), substituted “Office on Latino Affairs” for “Office of Latino Affairs”; and, in pars. (8A), (10A), (50), (51), and (52), validated previously made technical corrections.

D.C. Law 15-166, in par. (17), repealed subpar. (JJ), and rewrote subpar. (PP).

D.C. Law 15-205, in par. (17), made nonsubstantive changes in subpars. (YY) and (ZZ), and added subpar. (AAA).

D.C. Law 15-335, in par. (17), substituted a semicolon for “and” at the end of subpar. (ZZ), substituted a period for “; and” at the end of subpar. (AAA), and added subpar. (BBB).

D.C. Law 15-354, in par. (17), repealed subpar. (v) which had read as follows: “(V) Board of Appeals and Review (Organization Order 112);”, validated a previously made correction at the end of subpar. (YY), inserted “District” and “; and” in subpar. (ZZ), and added subpar. (CCC).

D.C. Law 16-91, in par. (17), validated previously made technical corrections in subpars. (ZZ), (AAA), (BBB), (CCC), and repealed subpars. (N)(iv) and (OO).

D.C. Law 16-191, in subpars. (AAA) and (BBB) of par. (17), validated previously made technical corrections.

D.C. Law 16-262, in par. (17), subpar. (Q), substituted “Homeland Security and Emergency Management Agency” for “Emergency Management Agency”.

D.C. Law 16-264, in par. (17), added subpar. (DDD).

D.C. Law 17-9, in par. (13), deleted “but not limited to, the District of Columbia Board of Education” following “including,”; and, in par. (17), added subpar. (EEE).

D.C. Law 17-177 added subsec. (9A).

D.C. Law 17-231 redesignated par. (5A) as par. (5C); and added pars. (5A) and (5B).

D.C. Law 17-353, in par. (17), subpar. (Q), inserted “(Commissioner’s Order 74-261)”, rewrote subpar. (DD), which had read as follows: “(DD) Office of Cable Television (D.C. Official Code, § 34-1205);”, and validated previously made technical corrections in subpars. (AAA), (BBB), (CCC), (DDD), and (EEE).

D.C. Law 19-21 repealed subsec. (17)(QQ), which had read as follows: “(QQ) Office of Property Management”.

D.C. Law 19-124 added par. (14A).

The 2012 amendment by D.C. Law 19-171 added (17)(QQ-i).

The 2015 amendment by D.C. Law 21-36 added (1A); rewrote the second sentence in (13); and repealed (17)(D).

Cross References

Business improvements districts, additional authority and duties, see § 2-1215.16.

Construction codes, see § 6-1401 et seq.

Employees retirement program management, establishment of retirement board and retirement funds, see § 1-711.

Spouse equity, “employee” defined, see § 1-529.02.

Applicability

Applicability of D.C. Law 24-190: § 401(a)(2) of D.C. Law 24-190 provided that the change made to this section by § 301(a) of D.C. Law 24-190 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-200: Section 6(a) of D.C. Law 23-68 repealed § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.

Applicability of D.C. Law 22-200: Section 6(a) of D.C. Act 23-165 repealed, on an emergency basis, § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.

Applicability of D.C. Law 22-211: § 7156 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-211. Therefore the amendment of this section by D.C. Law 22-211 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(a) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-211: § 4 of D.C. Law 22-211 provided that the creation of paragraphs (7A) and (15A) this section by § 2(a) of D.C. Law 22-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to paragraph (13) of this section by § 3(a) of D.C. Law 22-200 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-211, see § 7156 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2203(c)(1) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-211, see § 7156 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2203(c)(1) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 1082(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(c) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(c) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary amendment of section, see §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary amendment of section, see § 3 of the Confirmation Emergency Amendment Act of 1999 (D.C. Act 13-25, March 15, 1999, 46 DCR 2971).

For temporary (90-day) amendment of section, see §§ 1407, 1417, and 1428 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 3 of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 4, 1999, 46 DCR 5330).

For temporary (90-day) amendment of section, see §§ 208 and 225 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) amendment of section, see § 2(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90-day) addition of section, see §§ 1902 and 2919(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 1902, 1903, and 2919(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(1) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary (90 day) amendment of section, see § 4(a) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2652).

For temporary (90 day) amendment of section, see § 3221 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3221 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 201 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) amendment of section, see § 201 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 day) amendment of section, see § 201 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

For temporary (90 day) amendment of section, see § 401(c)(1) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) amendment of this section, see §§ 1033(d) and 3032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 5 of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).

For temporary (225 day) amendment of section, see § 16(a)(1) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Pursuant to Mayor’s Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability: Section 1011 of Law 17-9 provided that this title shall apply upon Congressional enactment of Title IX. Congress enacted the provisions of Title IX in Pub. L. 110-33, approved June 1, 2007.

D.C. Law 19-171 purported to substitute “Department of General Services” for “Office of Property Management” in (17)(QQ); however, because (17)(QQ) had previously been repealed, (17)(QQ-i) has been added instead.

Mayor's Orders

Amendment of Organization Order No. 112, establishing Board of Appeals and Review: See Mayor’s Order 84-31, February 9, 1984.

Subchapter IV. Organization for Personnel Management.

§ 1–604.01. Policy.

It is the intent of the Council that the District’s personnel management system provide for equitable application of appropriate rules or regulations among all agencies. Further, it is the intent of the Council that the rules, regulations, and standards issued by the personnel authorities under this chapter should be as flexible and responsive as possible and reflect an awareness of innovation in the fields of modern personnel management and public administration.

(Mar. 3, 1979, D.C. Law 2-139, § 401, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-604.1.

1973 Ed., § 1-334.1.

Cross References

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

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

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Editor's Notes

Assessment of need for and availability of bilingual and multicultural government personnel: D.C. Law 10-238 directed that the Mayor and each independent personnel authority shall establish a Committee of Language Diversity and shall make as assessment of the need for bilingual and multicultural personnel within their respective agencies.

§ 1–604.02. Office of Personnel established; appointment and eligibility of Director; delegation of Mayor’s authority.

(a) There is established an Office of Personnel, the head of which is the Director of Personnel.

(b) The Director of Personnel shall be appointed by the Mayor in accordance with the provisions of subchapter X-A of this chapter.

(c) To be eligible for appointment as Director of Personnel a person shall have demonstrated, through his or her knowledge and experience, the ability to administer a public personnel program of the size and complexity of the program established by this chapter.

(d) The Mayor may delegate his or her authority under this chapter, in whole or in part, exclusively to the Director of Personnel.

(e) Subject to the availability of appropriations, the Director of Personnel shall conduct classification and compensation studies of all sworn and civilian pay classes of the Fire and Emergency Medical Services Department and the Metropolitan Police Department and, based upon those studies, recommend reforms to promote equity, competitive pay, and sound performance management. The areas for review shall include recruitment, retention, longevity, hazardous duty, technical pay, and pay incentives for recognition of superior performance based on standards promulgated by the Director of Personnel.

(Mar. 3, 1979, D.C. Law 2-139, § 402, 25 DCR 5740; Apr. 12, 2000. D.C. Law 13-91, § 103(c), 47 DCR 520; Oct. 1, 2002, D.C. Law 14-190, § 2732, 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 1502, 49 DCR 11664; Sept. 30, 2004, D.C. Law 15-194, § 802, 51 DCR 9406.)

Prior Codifications

1981 Ed., § 1-604.2.

1973 Ed., § 1-334.2.

Section References

This section is referenced in § 1-315.02 and § 1-603.01.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), substituted “subchapter XI-A” for “subchapter XI”.

D.C. Law 14-190 added subsec. (e).

D.C. Law 14-307, in subsec. (e), substituted “Subject to the availability of appropriations, the Director of Personnel” for “The Director of Personnel”.

D.C. Law 15-194, in subsec. (d), substituted “exclusively to the Director of Personnel” for “to the Director of Personnel”.

Cross References

Government reorganization procedures, “Executive Office of the Mayor” defined, see § 1-315.02.

Merit system, “subordinate agency” defined, see § 1-603.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2632 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1502 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 1502 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 1502 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

Short Title

Short title of subtitle C of title XXVII of Law 14-190: Section 2731 of D.C. Law 14-190 provided that subtitle C of title XXVII of the act may be cited as the Classification and Compensation Studies for Police and Fire Amendment Act of 2002.

Editor's Notes

For a requirement that the Office of Human Services submit to the Council a report of past and current District government employees determined by DCHR to have overpaid premiums on disability insurance at any time during the period from January 1, 2010, through December 31, 2020, see §§ 1061 through 1064 of D.C. Law 24-45.

Mayor's Orders

Re-Designation of the D.C. Office of Personnel as the D.C. Department of Human Resources, see Mayor’s Order 2007-61, February 28, 2007, ( 54 DCR 2437).

Amendment of Mayor’s Order 90-178, Delegation of Contracting Authority; Delegation of Personnel Authority; and Establishment of Position of Administrator in the Commission on Mental Health Services: See Mayor’s Order 96-172, December 9, 1996 ( 43 DCR 6973).

Amendment of Mayor’s Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor’s Order 97-6, January 9, 1997 ( 44 DCR 357).

§ 1–604.02a. Pathway to government employment partnership program.

The Department of Human Resources shall develop partnerships with schools and organizations, including District of Columbia Public Schools high schools and public charter high schools, adult education schools, and nonprofit organizations that prepare District residents for District high school diplomas or high school equivalency credentials, to foster employment applications from and the hiring of resident District graduates into District government employment. These partnerships may include:

(1) Establishing a human resources recruiting unit or dedicating personnel to recruit current and future resident District graduates to internships, apprenticeships, and full-time employment in the District government;

(2) A system for students to learn about and apply for District government apprenticeships and employment;

(3) Paid internships in District government agencies;

(4) Mentoring by District government employees;

(5) Career exposure to a variety of District government jobs; and

(6) Information on entry-level jobs, including how to prepare to be a qualified applicant and how to meet the suitability requirements outlined in Chapter 4 of Title 6-B of the District of Columbia Municipal Regulations (6-B DCMR § 400 et seq.).

§ 1–604.03. Authority of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.

The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia may delegate their duties and functions under this chapter, in whole or in part, to employees under their respective jurisdictions.

(Mar. 3, 1979, D.C. Law 2-139, § 403, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(e), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(d), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 1-604.3.

1973 Ed., § 1-334.3.

Section References

This section is referenced in § 1-604.04.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–604.04. Issuance of rules and regulations affecting personnel for employees of the District of Columbia.

(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, VIII-B, IX, IX-A, X-A, XI, XII, XIII, XIII-A, XV, XVI-A, XVII, XVIII, XIX, XX, XX-A, XX-B, XX-C, XX-D, XX-E, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, and XXXIV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.

(a-1)(1) The Attorney General shall issue rules and regulations to implement the provisions of subchapters VII, VIII, IX, IX-A, XI, XII, XIII, XIII-A, XIV-A, XVI-A, XVII, XIX, XXIV, XXVII, and XXXI of this chapter for employees under the jurisdiction of the Attorney General.

(2) The rules and regulations promulgated pursuant to subsection (a) of this section shall apply to employees under the jurisdiction of the Attorney General unless the Attorney General has issued a superseding rule or regulation.

(b) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapter VIII-A of this chapter.

(c)(1) The District of Columbia Board of Education shall issue rules and regulations to implement the provisions of subchapters VII, XIII, XIX, XXIV, and XXVII of this chapter, and §§ 1-602.03, 1-604.03 and 1-611.11 for educational employees under its respective jurisdictions.

(2) The Board of the University of the District of Columbia shall issue rules and regulations to implement the provisions of subchapters VII and XXVII of this chapter, and §§ 1-602.03, 1-604.03, and 1-611.11 for educational employees under its jurisdiction.

(3) Repealed.

(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XII, XIII-A, XVI-A, XVII, XXV, and XXXI of this chapter, and § 1-602.02(2) for all employees under their respective jurisdictions.

(e) The Public Employee Relations Board shall issue rules and regulations to carry out its authority under subchapters V and XVII of this chapter.

(f) The Office of Employee Appeals shall issue rules and regulations to carry out its authority under subchapter VI of this chapter.

(g) The District of Columbia Board of Elections shall issue rules and regulations to carry out its authority under subchapter XXV of this chapter.

(h) Except where proscribed by law or issued under the authority of subsection (e), (f), or (g) of this section, rules and regulations issued pursuant to this chapter shall not be a bar to collective bargaining during the negotiation process with an exclusively recognized labor organization.

(Mar. 3, 1979, D.C. Law 2-139, § 404, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(f), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(e), 43 DCR 2978; Apr. 20, 1999, D.C. Law 12-260, § 2(b), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(d), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(b), 49 DCR 8140; Oct. 8, 2016, D.C. Law 21-160, § 3093, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 1082(b), 65 DCR 9388; Apr. 27, 2021, D.C. Law 23-276, § 2(c), 68 DCR 00048.)

Prior Codifications

1981 Ed., § 1-604.4.

1973 Ed., § 1-334.4.

Section References

This section is referenced in § 1-604.05, § 1-606.03, and § 1-636.02.

Effect of Amendments

D.C. Law 13-91 rewrote subsecs. (a) and (d), which previously read:

“(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, IX-B, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, XXXIII, and XXXV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.”

“(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XIII, XV, XVII, XVIII, XXVI, and XXXII of this chapter, and § 1-602.2(2) for all employees under their respective jurisdictions.”

D.C. Law 14-213, in subsec. (a), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary amendment of section, see § 2(b) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Emergency Amendment Act of 2015 (D.C. Act 21-254, Jan. 6, 2016, 63 DCR 518).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Temporary Amendment Act of 2015 (D.C. Law 21-91, Mar. 23, 2016, 63 DCR 989).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).

§ 1–604.05. Issuance of rules and regulations.

Rules and regulations proposed or issued pursuant to § 1-604.04, and amendments, shall be issued according to the provisions of § 2-505.

§ 1–604.06. Personnel authority.

(a) The implementation of the rules and regulations shall be undertaken by the appropriate personnel authority for employees of the District.

(b) For the purposes of subsection (a) of this section, the personnel authority for District of Columbia government means the Mayor for all employees, except as provided in § 1-602.03 and as follows:

(1) For noneducational employees of the District of Columbia Board of Education, the personnel authority is the District of Columbia Board of Education;

(2) For noneducational employees of the Board of Trustees of the University of the District of Columbia, the personnel authority is the Board of Trustee of the University of the District of Columbia;

(3) For employees of the Council of the District of Columbia, the personnel authority is:

(A)(i) The Chairman of the Council for all central staff of the Council and the employees in the Legal Services employed by the Council of the District of Columbia. For the purposes of this subchapter, the term “central staff of the Council” refers to those employees described in § 1-609.03(a)(3) except those assigned to an individual member of the Council; provided, however, that the Secretary, General Counsel, and Budget Director to the Council to the Council shall be appointed by the Council of the District of Columbia according to its rules of procedure and organization; and

(ii) For employees of the Council, the Chairman of the Council shall exercise the authority possessed by the Director of the Department of Human Resources and may adopt personnel procedures applicable to those employees; and

(B) each member of the Council for his or her personal and committee staff; provided, however, that the respective committees of the Council shall approve the appointment of each committee staffperson. The Chairman and each member of the Council shall utilize the Secretary to the Council for the actual transaction of all personnel matters for employees of the Council;

(3A) For the Executive Director of the Office of Advisory Neighborhood Commissions, the personnel authority is the Chairman of the Council;

(4) For employees of the Board of Elections, the personnel authority is the Board of Elections;

(4A) For employees of the Board of Ethics and Government Accountability, the personnel authority is the Board of Ethics and Government Accountability; and

(4B) For employees of the Campaign Finance Board, the personnel authority is the Campaign Finance Board;

(5) For employees of the Public Service Commission, the personnel authority is the Public Service Commission; provided, however, that the People’s Counsel (§ 34-804) shall be appointed according to law and for employees under the direct administrative control of the People’s Counsel, the personnel authority is the People’s Counsel;

(6) For the Executive Director of the Public Employee Relations Board, created by subchapter V of this chapter, the personnel authority is the Public Employee Relations Board; and for all other employees of the Board, the personnel authority is the Executive Director of the Board;

(7) For the Executive Director of the Office of Employee Appeals and the General Counsel of the Office of Employee Appeals created by subchapter VI of this chapter, the personnel authority is the Office of Employee Appeals; and for all other employees of the Office, the personnel authority is the Executive Director;

(8) For employees of the Office of District of Columbia Auditor (§ 1-204.55), the personnel authority is the Auditor of the District of Columbia;

(9) Repealed;

(10) For employees of the District of Columbia Armory Board (§ 3-302), the personnel authority is the Armory Board;

(11) For employees of the District of Columbia Law Revision Commission, the personnel authority is the Chairman of the Council;

(12) For employees of the District of Columbia Board of Library Trustees, the personnel authority is the Board of Library Trustees;

(13) Repealed;

(14) For all employees of the Office of Lottery and Charitable Games, including the Executive Director, the personnel authority is the Chief Financial Officer.

(15) For employees of the District of Columbia Retirement Board, the personnel authority is the District of Columbia Retirement Board;

(16) For the Director of the Office of Zoning, the personnel authority shall be the District members of the Zoning Commission for the District of Columbia, and for any other employee of the Office of Zoning the personnel authority shall be the Director of the Office of Zoning;

(17) For employees of the Child and Family Services Agency, the personnel authority is the Director of the Child and Family Services Agency;

(18) For employees of the Criminal Justice Coordinating Council, the personnel authority is the Criminal Justice Coordinating Council;

(19) For employees of the District of Columbia Sentencing Commission, the personnel authority is the District of Columbia Sentencing Commission;

(20) For employees of the Department of Mental Health, the personnel authority is the Director of the Department of Mental Health;

(21) For the Director of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the members of the Alcoholic Beverage Control Board for the District of Columbia, and for any other employee of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the Director of the Alcoholic Beverage Regulation Administration;

(22)(A) For the Ombudsman for Public Education, the Chief Advocate of the Office of the Student Advocate, and employees of the State Board of Education, the personnel authority is the State Board of Education;

(B) For employees of the Office of the Ombudsman for Public Education, the personnel authority is the Ombudsman for Public Education;

(C) For employees of the Office of the Student Advocate, the personnel authority is the Chief Advocate of the Office of the Student Advocate;

(23) For the Executive Director of the Office of the Statehood Delegation, the personnel authority is the Statehood Delegation as defined in § 1-209.01(3);

(24) For employees of the Office of the Attorney General, the personnel authority is the Attorney General;

(25) For the Executive Director of the Criminal Code Reform Commission, the personnel authority is the Chairman of the Council, and for all other employees of the Criminal Code Reform Commission, the personnel authority is the Executive Director of the Criminal Code Reform Commission;

(26) For the Director of the District of Columbia State Athletic Association ("DCSAA"), the personnel authority shall be the District of Columbia State Athletics Commission, and for any other employee of the DCSAA, the personnel authority shall be the Director of the DCSAA;

(27) For employees of the Rental Housing Commission, the personnel authority is the Chairperson of the Rental Housing Commission;

(28) For the Executive Director of the Commission on the Arts and Humanities, the personnel authority shall be the Commission on the Arts and Humanities, and for any other employee of the Commission on the Arts and Humanities the personnel authority shall be the Executive Director of the Commission on the Arts and Humanities;

(29) For employees of the Office of the Ombudsperson for Children, the personnel authority is the Ombudsperson for Children; and

(30) For the Real Property Tax Appeals Commission, the personnel authority is the Real Property Tax Appeals Commission.

(31) Not Funded.

[(32)] Not Funded.

[(33)] Not Funded.

(Mar. 3, 1979, D.C. Law 2-139, § 406, 25 DCR 5740; Feb. 26, 1981, D.C. Law 3-119, § 5, 27 DCR 5641; Aug. 2, 1983, D.C. Law 5-24, § 12(a), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(g), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(a), 34 DCR 670; Mar. 16, 1989, D.C. Law 7-228, § 2(b), 36 DCR 754; Mar. 24, 1990, D.C. Law 8-97, § 3(b), 37 DCR 1046; May 15, 1990, D.C. Law 8-127, § 2(a), 37 DCR 2093; Sept. 20, 1990, D.C. Law 8-163, § 6, 37 DCR 4676; Aug. 1, 1996, D.C. Law 11-152, § 302(f), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(c), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(e), 47 DCR 520; Apr. 4, 2001, D.C. Law 13-277, § 3(b)(2), 48 DCR 2043; Oct. 3, 2001, D.C. Law 14-28, §§ 1507(a)(1), 3803(a), 48 DCR 6981; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(2), 48 DCR 7674; Mar. 6, 2002, D.C. Law 14-80, § 3, 48 DCR 11268; Mar. 13, 2004, D.C. Law 15-105, §§ 21, 22(a), 23, 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 102(a), 51 DCR 6525; Sept. 30, 2004, D.C. Law 15-190, § 3(a), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, §§ 110(a), 119, 120(a), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(a), 53 DCR 4709; Mar. 3, 2010, D.C. Law 18-111, § 1103, 57 DCR 181; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(2), 59 DCR 1862; Apr. 27, 2013, D.C. Law 19-284, § 2(a), 60 DCR 2312; May 2, 2015, D.C. Law 20-271, §§ 104, 221, 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 1033(c), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, §§ 3129, 7074(a), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-252, § 5, 64 DCR 1656; Apr. 7, 2017, D.C. Law 21-263, § 202, 64 DCR 2110; Oct. 30, 2018, D.C. Law 22-168, § 1082(c), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-200, § 3(b), 65 DCR 12066; Mar. 13, 2019, D.C. Law 22-250, § 4(b), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 2203(c)(2), 66 DCR 8621; Apr. 5, 2021, D.C. Law 23-270, § 206, 68 DCR 001510; Nov. 13, 2021, D.C. Law 24-45, § 2033, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 3062, 69 DCR 009223; Apr. 21, 2023, D.C. Law 24-344, § 8, 70 DCR 635; Apr. 21, 2023, D.C. Law 24-348, § 4(a), 70 DCR 937.)

Prior Codifications

1981 Ed., § 1-604.6.

1973 Ed., § 1-334.6.

Section References

This section is referenced in § 1-606.11, § 1-609.05, and § 50-305.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical amendment in par. (13) of subsec. (b).

D.C. Law 13-277 added par. (17).

D.C. Law 14-28, in subsec. (b), added pars. (18) and (19).

D.C. Law 14-56, in subsec. (b), added par. (20).

D.C. Law 14-80, in subsec. (b), added par. (3A).

D.C. Law 15-105, in subsec. (a), validated previously made technical corrections.

D.C. Law 15-187 added a new par. (17) (21) of subsec. (b).

D.C. Law 15-190, in par. (19) of subsec. (b), substituted “District of Columbia Sentencing Commission” for “Advisory Commission on Sentencing” in two places.

D.C. Law 16-91, in subsec. (b)(3)(A), inserted “Council and the employees in the Legal Services employed by the Council of the District of Columbia; and, in subsecs. (b)(19), (20), and (21), validated previously made technical corrections.

D.C. Law 16-126, in subsec. (b)(19), substituted “Sentencing and Criminal Code Revision Commission” for “Sentencing Commission” in two places.

D.C. Law 18-111, in subsec. (b)(3)(A), designated the existing text as sub-sub par. (i) and added sub-sub par. (ii).

D.C. Law 19-124, in subsec. (b)(4), substituted “Board of Elections” for “District of Columbia Board of Elections and Ethics” both times it appears, and substituted “§ 1-1163.02” for “D.C. Official Code, § 1-1103.01”.

The 2013 amendment by D.C. Law 19-284 added (b)(22); and made related changes.

The 2015 amendment by D.C. Law 20-271 substituted “the personnel authority is the Chairman of the Council” for “the personnel authority is the District of Columbia Law Revision Commission” in (b)(11); and added (b)(23) and made related changes.

The 2015 amendment by D.C. Law 21-36 added the subsection designated herein as (b)(24) and made related changes.

Cross References

Taxicab commission, membership, see § 50-305.

Applicability

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 4(a) of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 24-344: § 26 of D.C. Law 24-344 provided that the change made to this section by § 8 of D.C. Law 24-344 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the change made to this section by § 206 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(b) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the change made to this section by § 202 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7029 of D.C. Law 22-33 repealed § 6 of D.C. Law 21-252. Therefore the changes made to this section by D.C. Law 21-252 have been given effect.

Applicability of D.C. Law 21-252: § 6 of D.C. Law 21-252 provided that the change made to this section by § 5 of D.C. Law 21-252 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Council Vaccination Policy Enforcement Temporary Amendment Act of 2022 (D.C. Law 24-228, Dec. 21, 2022, 69 DCR 13989).

For temporary (90 days) amendment of this section, see § 2(a) of Council Vaccination Policy Enforcement Emergency Amendment Act of 2022 (D.C. Act 24-585, Oct. 17, 2022, 69 DCR 012721).

For temporary (90 days) amendment of this section, see § 3062 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 2 of Council Vaccination Policy Enforcement Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-332, Feb. 22, 2022, 69 DCR 001460).

For temporary (90 days) amendment of this section, see § 2 of Council Vaccination Policy Enforcement Emergency Amendment Act of 2021 (D.C. Act 24-204, Nov. 1, 2021, 68 DCR 011650).

For temporary (90 days) amendment of this section, see § 2203(c)(2) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2203(c)(2) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 1082(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 6 of D.C. Law 21-252, see § 7029 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) repeal of § 6 of D.C. Law 21-252, see § 7029 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 3 of Advisory Neighborhood Commission Emergency Amendment Act of 2001 (D.C. Act 14-56, May 2, 2001, 48 DCR 4410).

For temporary (90 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 3 of Advisory Neighborhood Commission Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-104, July 23, 2001, 48 DCR 7149).

For temporary (90 day) amendment of section, see §§ 1407(a)(1) and 3403(a) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 116(a)(2) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

For temporary (90 day) amendment of section, see § 3(a) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).

For temporary (90 day) amendment of section, see § 3(a) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1103 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 401(c)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) amendment of this section, see § 2(a) of the State Board of Education Personnel Authority Amendment of this section Emergency Act of 2013 (D.C. Act 20-46, March 27, 2013, 60 DCR 5453, 20 DCSTAT 545).

For temporary (90 days) amendment of this section, see § 221 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 221 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 1033(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Council Vaccination Policy Enforcement Temporary Amendment Act of 2021 (D.C. Law 24-65, Feb. 18, 2022, 68 DCR 013509).

For temporary (225 day) amendment of section, see § 3 of Advisory Neighborhood Commission Temporary Amendment Act of 2001 (D.C. Law 14-21, September 6, 2001, law notification 48 DCR 9091).

For temporary (225 day) amendment of section, see § 16(a)(2) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Drug Free Workplace Policy: See Mayor’s Order 90-27, January 31, 1990.

Powers of Chief Financial Officer: Section 152 of Pub. L. 104-134, 110 Stat. 1321 220 provided that:

“Notwithstanding any other provision of law, for the fiscal years ending September 30, 1996 and September 30, 1997 —

“(a) the heads and all other personnel of the following offices, together with all other District of Columbia executive branch accounting, budget, and financial management personnel, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer:

“The Office of the Treasurer.

“The Controller of the District of Columbia.

“The Office of the Budget.

“The Office of Financial Information Services.

“The Department of Finance and Revenue.

“The District of Columbia Financial Responsibility and Management Assistance Authority established pursuant to Public Law 104-8, approved April 17, 1995, may remove such individuals from office for cause, after consultation with the Mayor and the Chief Financial Officer.

“(b) the Chief Financial Officer shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act of 1993, approved December 24, 1973 (87 Stat. 774; Public Law 93-198), as amended, for fiscal years 1996, 1997 and 1998, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Chief Financial Officer for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to sections 446 and 603(c) of such Act, without revision but subject to recommendations. Notwithstanding any other provisions of such Act, the Council may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates.”

Applicability: Section 4 of D.C. Law 16-126 provided: “This act shall apply as of January 1, 2007.”

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).

Delegation of Authority

Delegations and sub-delegations of authority—Director of Personnel, Chief of Police, and Agency Heads—Rescission of Mayor’s Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor’s Order 97-88, see Mayor’s Order 2000-83, May 30, 2000 ( 47 DCR 4956).

Joint Delegation of Personnel Authority in the Department of Human Services, see Mayor’s Order 2002-104, June 28, 2002 ( 49 DCR 6001).

Delegation of Authority to Conduct Background Investigations for Potential and Current Information Technology Employees in Subordinate Agencies, see Mayor’s Order 2003-136, September 25, 2003 ( 50 DCR 9955).

Delegation of Personnel Authority in the Office of the Attorney General for the District of Columbia, see Mayor’s Order 2007-237, November 2, 2007 ( 55 DCR 173).

Delegation of Personnel Authority to Identify and Designate Positions Subject to, and to Conduct, Criminal Background Investigations for Employees in Subordinate Agencies, see Mayor’s Order 2011-183, November 2, 2011 ( 58 DCR 9652).

§ 1–604.07. Transfer of personnel functions to Office of Personnel; exception; property and funds transferred; separation and reassignment of transferred employee.

All positions and employees of the District who spent 50 percent or more of their regular duty hours on January 1, 1976, or at any time since that date performing personnel functions, are transferred to the Office of Personnel unless properly reclassified by the District of Columbia Office of Personnel, except as provided herein. The provisions of this section shall not apply to employees in positions within the Council or within the independent agencies. All property and funds associated with those positions and employees transferred to the Office of Personnel are transferred thereto as provided in subchapter XXXVI of this chapter unless prohibited by statute. Any employee found to be superfluous to the needs of the Office of Personnel shall be separated from his or her position in accordance with appropriate reduction-in-force procedures as provided in subchapter XXIV of this chapter. The Mayor may authorize the reassignment of such employees as is appropriate.

(Mar. 3, 1979, D.C. Law 2-139, § 407, 25 DCR 5740; Apr. 1, 2017, D.C. Law 21-232, § 2(d), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-604.7.

1973 Ed., § 1-334.7.

Section References

This section is referenced in § 1-636.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(d) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(d) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) transfer of powers, duties, and functions to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).

For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).

For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).

Short Title

Short title of title XX of Law 15-39: Section 2001 of D.C. Law 15-39 provided that title XX of the act may be cited as the Disability Compensation Program Transfer and Risk Management Amendment Act of 2003.

Editor's Notes

Government Employees Disability Compensation Reorganization: Section 1202 of D.C. Law 14-28 provided:

“(a) All of the powers, duties and functions authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), as set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor’s Order 79-84, effective May 10, 1979.

“(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Employment Services for the administration and operation of the disability compensation program for District government employees authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), and set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions, which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor’s Order 79-84, effective May 10, 1979.

“(c) The Office of Personnel shall pay the Department of Employment Services for the cost of disability compensation hearing and administrative appeal functions, pursuant to an assessment by the Department of Employment Services.”

Section 2002 of D.C. Law 15-39 provided:

“(a) All of the powers, duties, and functions transferred to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator.

“(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator.”

§ 1–604.08. Oath of office.

Each personnel authority of an agency of the District shall designate a person to administer the oath of office to each employee of that agency. The oath shall be as follows:

“I, (employee’s name) do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office on which I am about to enter.”

(Mar. 3, 1979, D.C. Law 2-139, § 408, 25 DCR 5740; Apr. 30, 1988, D.C. Law 7-104, § 36(a), 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-604.8.

1973 Ed., § 1-334.8.

Section References

This section is referenced in § 1-123 and § 1-602.02.

Cross References

Statehood Constitutional Convention initiative, oaths of representatives and senators, see § 1-123.

Economic Development Finance Corporation, personnel administration, see § 2-1207.06.

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

Merit system, coverage, agreements to provide coverage, see § 1-602.01.

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

Merit system, educational service, rules and regulations, see § 1-608.01a.

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

Organization for personnel management, rules and regulations, see § 1-604.04.

Public employee relations board, transfer of property, personnel and cases, see § 1-605.03.

Washington Convention Center Authority, application of this subchapter, see § 10-1202.16.

Subchapter V. Public Employee Relations Board.

§ 1–605.01. Establishment of Board; qualifications; composition; term of office; removal; vacancies; conflict of interest; compensation; attendance at meetings; appointment of employees; request for appropriations; quorum.

(a) There is established a Public Employee Relations Board (hereinafter referred to in this subchapter as the “Board”) consisting of 5 members, not otherwise in the employment of any labor organization granted exclusive recognition under this chapter or the District of Columbia government: Except, that members of the Board of Labor Relations established by Commissioner’s Order 70-229 may be appointed to the Public Employee Relations Board. The members shall be appointed by the Mayor within 60 days after the effective date of this subsection.

(b) The Mayor shall select members of the Board from persons who through their experience have demonstrated an expert knowledge of the field of labor relations and who possess the integrity and impartiality necessary to protect the public interest and the interests of the District of Columbia government and its employees. Every effort shall be made to select members who have experience in public sector labor relations and preference shall be given to such persons in the Mayor’s appointments to the Board.

(1) One member shall be chosen from those persons whose names appear upon lists proposed by labor organizations each of which has been granted exclusive recognition for at least 250 District government employees at the time that the Mayor is making his or her selection;

(2) One member shall be chosen from a list of at least 2 names proposed by an ad hoc committee appointed by the Mayor representing agency heads within the District government; and

(3) Three neutral members, of whom 1 shall be designated by the Mayor as Chairperson, shall be public members.

(d) The term of office for each member is 3 years: Except, that members first appointed to the Public Employee Relations Board shall serve the following terms:

(1) Two members shall serve for 1 year;

(2) two additional members shall serve for 2 years; and

(3) the Chairperson shall serve a 3-year term.

The Mayor shall designate the term of each member at the time of his or her appointment.

(e) The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (g) of this section or for repeated failures to attend Board meetings, and appoint a new member in accordance with the provisions of subsection (c) of this section to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity, he or she shall initiate an action in the Superior Court of the District of Columbia in accordance with the provisions of § 16-3521 et seq. to remove such member.

(f) Any vacancy occurring in the Board shall be filled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays.

(g) A member of the Board who: (1) Violates the provisions of subsection (a) of this section; (2) engages in a conflict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted for an offense against the labor relations laws of the United States or of the District of Columbia, or for any other crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualification to hold office, in addition to the other punishment prescribed for such offenses, shall be removed from office as provided in this section.

(h) The procedure provided in subsection (c) of this section for filling a vacancy resulting from the expiration of a term of office shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation, or death of a member, the new appointee’s term of office shall be for the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsection (c) of this section. No person shall serve for more than 3 consecutive terms; provided, that a term to fill the remainder of an unexpired term left vacant due to the removal, resignation, or death of a member shall not count toward this limit.

(i) If at any time any matter comes before the Board in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualified from participation in the consideration of said matter.

(j) Each member of the Board is entitled to compensation as provided in § 1-611.12. Each member of the Board is expected to attend the regularly scheduled meetings of the Board. Thus a member may be removed by the Mayor, as provided in subsection (g) of this section, for repeated failures to attend such meetings, thereby hindering the work of the Board.

(k) The Board may appoint such employees as may be required to conduct its business. The Board is authorized to request such appropriations as may be necessary to carry out its functions. Each employee of the Board, except the Executive Director, is in the Career Service as defined in subchapter VIII of this chapter. The Executive Director and the attorneys shall be in the Legal Service as defined in subchapter VIII-B of this chapter. The Executive Director shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Board. Failure to maintain District residency shall result in a forfeiture of the position.

(l) Three members of the Board shall constitute a quorum for the transaction of business.

(Mar. 3, 1979, D.C. Law 2-139, § 501, 25 DCR 5740; Oct. 20, 2005, D.C. Law 16-33, § 3018, 52 DCR 7503; Feb. 6, 2008, D.C. Law 17-108, § 203(b), 54 DCR 10993; Apr. 25, 2018, D.C. Law 22-88, § 2, 65 DCR 2370.)

Prior Codifications

1981 Ed., § 1-605.1.

1973 Ed., § 1-335.1.

Section References

This section is referenced in § 1-523.01, § 1-636.02, and § 6-201.

Effect of Amendments

D.C. Law 16-33, in subsec. (k), added the third sentence.

D.C. Law 17-108, in subsec. (k), inserted the following two sentences: “The Executive Director shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Board. Failure to maintain District residency shall result in a forfeiture of the position.”

Cross References

Washington Convention Center employees, applicability of this subchapter, see § 10-1201.01 et seq.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Public Employee Relations Board Term Limit Emergency Amendment Act of 2017 (D.C. Act 22-171, Nov. 14, 2017, 64 DCR 12039).

For temporary (90 day) amendment of section, see § 3018 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Public Employee Relations Board Holdover Extension Emergency Amendment Act of 2009 (D.C. Act 18-101, June 2, 2009, 56 DCR).

For temporary (90 day) amendment of section, see § 2 of Public Employee Relations Board Holdover Extension Emergency Amendment Act of 2011 (D.C. Act 19-74, June 22, 2011, 58 DCR 5373).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Public Employee Relations Board Term Limit Temporary Amendment Act of 2017 (D.C. Law 22-50, Jan. 27, 2018, 64 DCR 12547).

References in Text

“The effective date of this subsection,” referred to in the second sentence of (a), is March 3, 1979.

§ 1–605.02. Powers of the Board.

The Board shall have the power to do the following:

(1) Resolve unit determination questions and other representation issues (including but not limited to disputes concerning the majority status of a labor organization);

(2) Certify and decertify exclusive bargaining representatives;

(3) Decide whether unfair labor practices have been committed and issue an appropriate remedial order;

(4) Resolve bargaining impasses through fact-finding, final and binding arbitration, or other methods agreed upon by the parties as approved by the Board and to remand disputes if it believes further negotiations are desirable. Arbitration shall not be conducted by the Board itself, but the Board shall provide arbitrators selected at random from a panel or list of arbitrators maintained by the Board and consisting of persons agreed upon by labor and management;

(5) Make a determination in disputed cases as to whether a matter is within the scope of collective bargaining;

(6) Consider appeals from arbitration awards pursuant to a grievance procedure; provided, however, that such awards may be modified or set aside or remanded, in whole or in part, only if the arbitrator was without, or exceeded, his or her jurisdiction; the award on its face is contrary to law and public policy; or was procured by fraud, collusion, or other similar and unlawful means; provided, further, that the provisions of this paragraph shall be the exclusive method for reviewing the decision of an arbitrator concerning a matter properly subject to the jurisdiction of the Board, notwithstanding any provisions of Chapter 44 of Title 16 of the District of Columbia Official Code;

(7) Conduct investigations, hear testimony, and take evidence under oath at hearings on any matter subject to its jurisdiction;

(8) Administer oaths or affirmations and through the power of subpoena, require the attendance of witnesses with any necessary records or other information which have a bearing on the dispute, without, however, abrogating rules and regulations abridging the confidentiality of personnel files as provided in subchapter XXXI of this chapter;

(9) Make decisions and take appropriate action on charges of failure to adopt, subscribe, or comply with the internal or national labor organization standards of conduct for labor organizations;

(10) Make recommendations concerning desirable revisions or amendments to the District government labor relations law;

(11) Adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties;

(12) The Board may designate a 3-member panel to hear any matter brought to it under this chapter. The decision of the 3-member panel shall be considered the final decision of the Board. An appeal from a decision of any 3-member panel may be taken in accordance with the provisions of §§ 1-617.02 and 1-617.13;

(13) Establish and maintain a list of qualified mediators, fact finders and arbitrators after consulting with employee organizations and management representatives, and appoint them;

(14) Retain, through the Director of the Office of Contracting and Procurement, independent legal counsel to assist in Board activities when the District government is a party to the Board’s proceedings or in any other situation as the Board deems appropriate;

(15) Develop a system for the collection, maintenance, and dissemination of labor-management relations information as appropriate to the needs of the District, labor organizations, and the public; and

(16) Seek appropriate judicial process to enforce its orders and otherwise carry out its authority under this chapter. In cases of contumacy by any party or other delay or impediment of any character, the Board may seek any and all such judicial process or relief as it deems necessary to enforce and otherwise carry out its powers, duties and authority under this chapter.

(17) Notwithstanding any other provision of this section, all procurement authority shall be vested in the Office of Contracting and Procurement; provided, that the Mayor’s obligations pursuant to § 1-204.49, to provide financial review and approval of contracts is unaffected.

(Mar. 3, 1979, D.C. Law 2-139, § 502, 25 DCR 5740; Apr. 12, 1997, D.C. Law 11-259, § 304(a), 44 DCR 1423; Sept. 18, 1998, D.C. Law 12-151, § 2(a), 45 DCR 4043; Apr. 12, 2000. D.C. Law 13-91, § 103(f), 47 DCR 520; Sept. 26, 2012, D.C. Law 19-171, § 9(b), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-605.2.

1973 Ed., § 1-335.2.

Section References

This section is referenced in § 1-636.02 and § 6-215.

Effect of Amendments

D.C. Law 13-91, in subd. (6), inserted a comma following “or in part”.

The 2012 amendment by D.C. Law 19-171 substituted “notwithstanding any provisions of Chapter 44 of Title 16 of the District of Columbia Code” for “notwithstanding any provisions of the District of Columbia Uniform Arbitration Act (D.C. Official Code § 16-4301 to 16-4319)” in (6).

§ 1–605.03. Transition procedures.

(a) The property and facilities of the Board of Labor Relations, established pursuant to Commissioner’s Order 70-229, shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter.

(b) The personnel and positions assigned to the Board of Labor Relations shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter: Provided, however, that incumbents of positions considered surplus to the needs of the Public Employee Relations Board may be separated in accordance with the provisions of subchapter XXIV of this chapter.

(c) All cases pending before the Board of Labor Relations shall be transferred to the Public Employee Relations Board on the effective date of subchapters V and XVII of this chapter as prescribed by § 1-636.02(i). The Public Employee Relations Board, with respect to any such transferred case, shall take such action as could have been taken by the Board of Labor Relations pursuant to labor-management relations programs as they existed when the case was filed, including those programs referred to in § 1-632.07(a).

§ 1–605.04. Publication of decisions.

The Board shall cause a copy of each order, decision, or opinion rendered by it to be published in the District of Columbia Register within 60 days of its issuance.

Subchapter VI. Office of Employee Appeals.

§ 1–606.01. Establishment of the Office of Employee Appeals; composition; qualifications; term of office; vacancies; Chairperson; quorum; appeal procedure; conflict of interest; compensation; appointment of employees; expenditures; removal; exclusivity of position.

(a) There is established an Office of Employee Appeals (hereinafter referred to in this subchapter as the “Office”). The Office shall be composed of 5 members to be appointed by the Mayor in accordance with the provisions of subsection (b) of this section within 60 days of the date this chapter becomes effective as provided in § 1-636.02. Members of the Office shall have demonstrated knowledge concerning personnel management or labor relations, and a reputation for impartiality and integrity in the discharge of their responsibilities. No member shall be eligible for reappointment.

(b) The term of office of each member of the Office shall be 6 years: Except, that: (1) Of those members first appointed, 2 shall serve for 2 years and 3 shall serve for 4 years, respectively, from the date of appointment; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. No member may serve beyond the expiration of his or her term, except that a member serving a term of less than 6 years, who was appointed under clause (1) of this subsection, or a member who is appointed to serve the remainder of an unexpired term of three years or less, who was appointed under clause (2) of this subsection, may be reappointed for a full 6-year term. Appointments to fill vacancies shall be made in accordance with the provisions of subsection (a) of this section. The Mayor shall designate the term of each member at the time of his or her appointment.

(c) The Chairperson of the Office shall be designated by the Mayor. The Chairperson shall be the chief executive of the Office. The Mayor shall from time to time designate 1 member as Vice Chairperson of the Office. During the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson.

(d) Three members of the Office shall constitute a quorum for the transaction of official business and the issuance of rules and regulations. The Office may hear appeals brought before it under this subchapter by a hearing examiner. An appeal from a decision of any such hearing examiner may be taken either to the full Office or to the Superior Court of the District of Columbia at the option of any adversely affected party. If an appeal is taken directly to the Superior Court of the District of Columbia, the decision of a hearing examiner, for the purposes of such appeal, shall be considered as the final decision of the Office. If an appeal is taken from a decision of a hearing examiner to the full Office, the decision of the hearing examiner shall be stayed pending a final decision of the Office. Upon a vote of a majority of its members, the Office may hear de novo all issues of fact or law relating to an appeal of a decision of the hearing examiner, except the Office may decide to consider only the record made before such hearing examiner. A final decision of the full Office, relating to an appeal brought to it from a hearing examiner, shall be appealable to the Superior Court of the District of Columbia. Upon reviewing the final decision of the Office, the Court shall determine if it is supported by substantial evidence.

(e) If at any time any matter comes before the Office in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualified from participation in the consideration of the matter under deliberation.

(f) Each member of the Office is entitled to compensation at the rate of $125 per diem or $15.62 per hour whichever provides less, while actually in the service of the Office. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period. Adjustment to such rates of compensation shall be made in accordance with § 1-611.08(b), not to exceed the sum of $20,000 per annum.

(g)(1) The Chairperson of the Office shall appoint:

(A)(i) An Executive Director;

(ii) The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position;

(B) A General Counsel, who shall report to the Executive Director.

(2) The Executive Director shall report to the Chairperson and shall:

(A) Manage all agency operations and programs that support the work of the Office;

(B) Make all final decisions regarding the performance of the Office’s personnel, other than for the Executive Director and General Counsel, and fiscal management, general administrative support services, procurement, and contracts;

(D) Appoint other employees and make whatever expenditures are authorized to carry out the functions of the Office.

(3) The Office shall:

(A) Establish and maintain systems for the timely processing, recording, and control of cases;

(B) Maintain a data base system to record and provide information on the status and disposition of cases;

(D) Publish final decisions of the Office;

(E) Provide initial responses to Freedom of Information Act requests;

(F) Manage a formal system for the organization, maintenance, and disposition of Office records;

(G) Formulate and implement programs and policies that provide research assistance to the Office and the public; and

(H) Maintain an updated index of cases, to include among other things subject matter and outcome, to provide research assistance to the Office and the public.

(4) The General Counsel shall:

(A) Provide legal advice to the Office; and

(B) Assist in the enforcement of orders pursuant to § 1-606.09.

(h) The Office shall be considered an independent agency for budgetary and administrative purposes.

(i)(1) The Mayor may remove any member of the Office who engages in any activity prohibited by subsection (j) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity he or she shall initiate an action, in the Superior Court of the District of Columbia in accordance with the provisions of § 16-3521 et seq., to remove such member.

(2) Any vacancy occurring in the Office shall be filled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays.

(3) The procedure provided for in subsections (a) and (b) of this section for filling a vacancy resulting from the expiration of a term of office shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation or death of a member, the new appointee’s term of office is the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsections (a) and (b) of this section.

(j) Any member of the Office who: (1) Violates the provisions of subsection (k) of this section; (2) engages in a conflict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted of a crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualification to hold office, in addition to the other punishment prescribed for such offense, shall be removed from office as provided in this section.

(k) No member of the Office may hold any other position in the District government or any subordinate position in the Office.

(l)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Executive Director shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Office, except for the positions of Executive Director and the General Counsel.

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

(F) The Executive Director shall verify and enforce District residency requirements pursuant to § 1-515.04.

(2) The Office shall verify and enforce residency requirements applicable to the Executive Director and General Counsel pursuant § 1-515.04.

(3)(A) By November 1 of each year and pursuant to § 1-515.06, the Executive Director shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

(B) By November 1 of each year, the Office shall submit to the Mayor an annual report detailing for the previous fiscal year the Executive Director's and General Counsel's compliance with residency requirements pursuant to § 1-515.06.

(m) Hearing examiners employed by the Office of Employee Appeals shall be licensed to practice law in the District of Columbia.

(Mar. 3, 1979, D.C. Law 2-139, § 601, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(e), 27 DCR 2632; Mar. 16, 1989, D.C. Law 7-200, § 2, 36 DCR 6; May 15, 1990, D.C. Law 8-127, § 2(b), 37 DCR 2093; Sept. 30, 2004, D.C. Law 15-189, § 2(a), 51 DCR 6734; Feb. 6, 2008, D.C. Law 17-108, § 203(c), 54 DCR 10993; Mar. 25, 2009, D.C. Law 17-353, § 223(c)(1), 56 DCR 1117; Apr. 25, 2018, D.C. Law 22-87, § 2(a), 65 DCR 2368; May 23, 2019, D.C. Law 22-315, § 3(c), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-606.1.

1973 Ed., § 1-336.1.

Section References

This section is referenced in § 1-523.01, § 1-606.11, § 1-636.02, and § 2-352.03.

Effect of Amendments

D.C. Law 15-189 rewrote subsec. (g)(1)(B) which had read as follows: “(g)(1)(B) A General Counsel.”

D.C. Law 17-108 rewrote subsec. (g)(1)(A); and added subsec. (l). Prior to amendment, subsec. (g)(1)(A) read as follows: “(A) An Executive Director; and”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (l).

Cross References

Employee deferred compensation program, see § 47-3601.

Freedom of information, see § 2-531 et seq.

Procurement, chief procurement officer, see § 2-301.05e.

Applicability

Section 7029 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-87 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-87 have been implemented.

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(a) of D.C. Law 22-87 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

References in Text

“The date this chapter becomes effective,” referred to in (a), is March 3, 1979.

The “Freedom of Information Act requests”, referred to in (g)(3)(E), refers to requests pursuant to D.C. Official Code § 2-532.

§ 1–606.02. Authority; duties of the Office.

(a) The Office shall have, in addition to the authority necessary and proper for carrying out its duties as specified elsewhere in this subchapter, the authority to:

(1) Appoint and remove employees of the Office, subject to applicable provisions of this chapter;

(2) Hear and adjudicate appeals received from District agencies and from employees as provided in this subchapter;

(3) Issue an annual report on the activities of the Office to the Mayor and Council which should include, at a minimum, the following:

(A) The number and nature of cases heard by the Office, and the type of order issued in each case;

(B) The number of appeals heard by Office panels and the disposition of such appeal or type of order issued in each case;

(C) The number of appeals taken to Superior Court of the District of Columbia (both directly and from Office panels) and the disposition of or status of each case; and

(D) A statement of the amount of time taken to reach a final disposition of each case brought before the Office and a statement of the number of backlogged cases, if any;

(4) Compel the appearance of witnesses and production of documents by subpoena, enforceable by the Office in the Superior Court of the District of Columbia;

(5) Issue any rules and regulations necessary to carry out its duties under this chapter; and

(6) Order any agency or employee of the government of the District of Columbia to comply with an order or decision issued by the Office under the authority of this chapter and to enforce compliance with the order or decision.

(b) Any performance rating, grievance, adverse action or reduction-in-force review, which has been included within a collective bargaining agreement under the provisions of subchapter XVII of this chapter, shall not be subject to the provisions of this subchapter.

(Mar. 3, 1979, D.C. Law 2-139, § 602, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(c), 37 DCR 2093.)

Prior Codifications

1981 Ed., § 1-606.2.

1973 Ed., § 1-336.2.

Section References

This section is referenced in § 1-606.11 and § 1-636.02.

Editor's Notes

Section 4 of D.C. Law 8-127 provided that the Office shall file a report on the operation of the Office with the Mayor and Council by Oct. 31, 1990. The report shall include the following:

Office of Employee Appeals Amendment Rules and Regulations Approval and Disapproval Resolution of 1992: Pursuant to Resolution 9-263, effective June 19, 1992, the Council approved, in part, and disapproved, in part, the proposed rules to amend the Office of Employee Appeals rules and regulations.

Office to file report: (1) The number of appeals filed with the Office;

(2) The number of appeals sent to arbitration;

(3) The number of decisions made by the Office;

(4) The number of backlog appeals;

(5) The costs incurred by the government of the District of Columbia for appeals sent to arbitration; and.

(6) The time taken to process all appeals within the Office and by arbitration.

§ 1–606.03. Appeal procedures.

(a) An employee may appeal a final agency decision affecting a performance rating which results in removal of the employee (pursuant to subchapter XIII-A of this chapter), an adverse action for cause that results in removal, reduction in force (pursuant to subchapter XXIV of this chapter), reduction in grade, placement on enforced leave, or suspension for 10 days or more (pursuant to subchapter XVI-A of this chapter) to the Office upon the record and pursuant to other rules and regulations which the Office may issue. Any appeal shall be filed within 30 days of the effective date of the appealed agency action.

(b) In any appeal taken pursuant to this section, the Office shall review the record and uphold, reverse, or modify the decision of the agency. The Office may order oral argument, on its own motion or on motion filed by any party within 15 days, and provide such other procedures or rules and regulations as it deems practicable or desirable in any appeal under this section.

(c) All decisions of the Office shall include findings of fact and a written decision, as well as the reasons or basis for the decision upon all material issues of fact and law presented on record, and order; provided, however, that the Office may affirm a decision without findings of fact and a written decision. Such decisions shall be published in accordance with the rules and regulations of the Office, and shall be published in the District of Columbia Register. Any decision by a Hearing Examiner shall be made within 120 days, excluding Saturdays, Sundays, and legal holidays, from the date of the appellant’s filing of the appeal with the Office. Within 45 days, excluding Saturdays, Sundays, and legal holidays, after the appeal is filed with the Office, the Office shall determine whether, in accordance with this section and the Office’s own rules, the Office has jurisdiction. Any decision shall include a statement of any further process available to the appellant including, as appropriate, a petition for review or a petition for enforcement and judicial review. Copies of the decision shall be immediately transmitted to the Office and all parties to the appeal, including named parties and intervenors. The initial decision of the Hearing Examiner shall become final 35 days after issuance, unless a party files a petition for review of the initial decision with the Office within the 35-day filing period. In accordance with § 1-604.04, the Office may promulgate rules to allow a Hearing Examiner a reasonable extension of time if extraordinary circumstances dictate that an appeal cannot be decided within the 120-day period. After issuing the initial decision, the Hearing Examiner shall retain jurisdiction over the case only to the extent necessary to correct the record, rule on a motion for attorney fees, or process any petition for enforcement filed under the authority of the Office. If the Office denies all petitions for review, the initial decision shall become final upon the issuance of the last denial. If the Office grants a petition for review, the subsequent decision of the Office shall be the final decision of the Office unless the decision states otherwise. Administrative remedies are considered exhausted when a decision becomes final in accordance with this section.

(d) Any employee or agency may appeal the decision of the Office to the Superior Court of the District of Columbia for a review of the record and such Court may affirm, reverse, remove, or modify such decision, or take any other appropriate action the Court may deem necessary.

(Mar. 3, 1979, D.C. Law 2-139, § 603, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(d), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(1), 45 DCR 2464; June 19, 2001, D.C. Law 13-313, § 2(b), 48 DCR 1873; May 18, 2004, D.C. Law 15-162, § 2(a), 51 DCR 3628; Sept. 30, 2004, D.C. Law 15-189,§ 2(b), 51 DCR 6734.)

Prior Codifications

1981 Ed., § 1-606.3.

1973 Ed., § 1-336.3.

Section References

This section is referenced in § 1-606.11 and § 1-616.52.

Effect of Amendments

D.C. Law 13-313, in subsec. (a), deleted “or a reduction-in-force (pursuant to subchapter XXIV of this chapter” following “(pursuant to subchapter XVI-A of this chapter),”.

D.C. Law 15-162, in subsec. (a), substituted “reduction in grade, placement on enforced leave,” for “reduction in grade,”.

D.C. Law 15-189, in subsec. (a), added “, reduction in force (pursuant to subchapter XXIV of this chapter)” after “that results in removal”.

Emergency Legislation

For temporary amendment of section, see § 101(d) of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Act 12-326, April 1, 1998, 45 DCR 2464).

For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).

For temporary (90-day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Emergency Amendment Act of 2000 (D.C. Act 13-430, August 14, 2000, 47 DCR 7459).

For temporary (90 day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-489, December 18, 2000, 48 DCR 43).

For temporary (90 day) amendment of section, see § 3 of Safe Teenage Driving and Merit Personnel Technical Amendment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-30, April 2, 2001, 48 DCR 3336).

For temporary (90 day) amendment of section, see § 2(a) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2861-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

§ 1–606.03a. Appeals of safety-sensitive designations.

(a) An employee may appeal the determination of a personnel authority denying the employee's petition appealing a safety-sensitive position designation, pursuant to § 1-615.03a, to the Office within 30 calendar days after the issuance of the personnel authority's determination or, if this section is not applicable when the personnel authority issues the determination, within 30 calendar days after October 1, 2021.

(b) In any appeal taken pursuant to this section, the Office shall review the record and uphold, reverse, or modify the determination of the personnel authority.

(c) All decisions of the Office on appeals of safety-sensitive designations ("designation decisions") shall include findings of fact and a written decision, as well as the reasons or basis for the decision, upon all material issues of fact and law presented on record, and an order; provided, however, that the Office may affirm a determination of a personnel authority or Hearing Examiner without findings of fact and a written decision. Final designation decisions shall be published in accordance with the rules and regulations of the Office and published on the Office's website. A designation decision shall include a statement of any further process available to the parties including, as appropriate, a party's right to file a petition for review or a petition for enforcement. The Office shall transmit copies of a designation decision to all parties to the appeal, including named parties and intervenors.

(d)(1) In appeals brought pursuant to this section, a Hearing Examiner shall issue an initial designation decision within 60 business days after the appeal is filed with the Office, unless the Hearing Examiner determines that an evidentiary hearing is warranted, in which case the Hearing Examiner shall issue an initial designation decision within 90 business days after the appeal is filed. A Hearing Examiner may permit oral argument only when the Hearing Examiner determines such argument is necessary to resolve matters of law and material fact.

(2) A personnel authority shall file an answer to an appeal within 15 business days after the employee files the appeal. The answer shall include the complete record of the proceedings before the personnel authority, including any documentary evidence reviewed or considered in rendering the determination. The employee may file a reply within 5 business days after the personnel authority files its answer.

(3) A Hearing Examiner may grant an extension of a deadline set forth in paragraph (1) or (2) of this subsection only where extraordinary circumstances prevent the meeting of the deadline and the need for the extension outweighs any prejudice to a party. If a Hearing Examiner determines that dilatory actions of a party contributed to the need for an extension, the Hearing Examiner may, in the Hearing Examiner's discretion, draw inferences against the offending party.

(4) A Hearing Examiner shall review the question of whether an employee's position is safety-sensitive without deference to the agency's designation or the personnel authority's determination. The employee shall bear the burden of establishing jurisdictional facts by a preponderance of the evidence. To prevail, the personnel authority must establish, by a preponderance of the evidence, that the employee's position meets the definition of safety-sensitive, as defined in § 1-603.01(15B).

(5)(A) The initial designation decision of a Hearing Examiner shall become final 15 business days after issuance unless a party files a petition for review of the initial designation decision with the Office within the 15 business-day period. The responding party may file an answer to the petition for review within 15 business days after the petition for review is filed. The Office shall issue a final designation decision on a petition for review within 60 business days after the petition for review is filed. If the Office denies all petitions for review, the initial designation decision shall become final upon the issuance of the last denial. If the Office grants a petition for review, the subsequent designation decision of the Office shall be the final designation decision of the Office unless the decision states otherwise.

(B) After issuing the initial designation decision, the Hearing Examiner shall retain jurisdiction over the case only to the extent necessary to correct the record, rule on a motion for attorney fees, or process any petition for enforcement filed under the authority of the Office.

(e) A final designation decision of the Office issued pursuant to this section is not subject to judicial review.

(f) The Office may issue such rules and regulations as it considers practicable or desirable to govern appeals under this section.

(Mar. 3, 1979, D.C. Law 2-139, § 603a; as added Apr. 27, 2021, D.C. Law 23-276, § 2(f), 68 DCR 00048.)

Applicability

Section 7210 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-276 that impacted this section. Therefore the creation of this section by Law 23-276 has been implemented.

Section 7210 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-276 that impacted this section. Therefore the creation of this section by Law 23-276 has been implemented.

Applicability of D.C. Law 23-276: § 4 of D.C. Law 23-276 provided that the creation of this section by § 2(f) of D.C. Law 23-276 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 1–606.04. Agency hearing procedures.

(a) The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings affecting individual employees whose removal is proposed or effected for cause pursuant to subchapter XVI-A of this chapter.

(b) The personnel authority shall provide for 15 days advance notice in writing stating the specific reasons for the proposed action prior to an adverse action against an employee for cause that results in removal, a reduction in grade, or a suspension of 10 days or more. This provision may be waived by the agency head if the employee’s conduct threatens the integrity of government operations, constitutes an immediate hazard to the agency, to other employees of the government, or to the employee, or to the public health, safety, or welfare.

(c) The personnel authority shall provide that any employee whose removal from service, reduction in grade, or suspension of 10 days or more is proposed, or whose removal is effected pursuant to § 1-616.51(5) have the following rights:

(1) To review any material upon which the proposal or action is based;

(2) To prepare a written response to the notice provided in subsection (b) of this section, including affidavits and other documentation;

(3) To be represented by an attorney or other representative; and

(4) To be heard, as provided in subsection (d) of this section in the case of a removal.

(d) The personnel authority shall provide an administrative review by a hearing officer appointed by the agency head of a proposed removal action or a removal action pursuant to § 1-616.51(5) including the employee’s response, if any, and may provide for an adversary hearing and the confrontation of witnesses.

(e) The personnel authority shall provide the employee with a written decision following the review provided in subsection (d) of this section, and shall advise each employee of his or her right to appeal to the Office as provided in this subchapter.

(Mar. 3, 1979, D.C. Law 2-139, § 604, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(d)(2), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(g), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-606.4.

1973 Ed., § 1-336.4.

Section References

This section is referenced in § 1-606.05.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.

Editor's Notes

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12-124; 45 DCR 2464) are enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that

“Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Delegation of Authority

§ 1–606.05. Authority of Council to issue rules mandated by § 1-606.04(a).

The officers of the Council of the District of Columbia may issue rules, subject to approval by the Council of the District of Columbia, concerning review of central staff employee personnel appeals as mandated in § 1-606.04(a).

§ 1–606.06. Mediation and settlement.

(a) The Office shall develop a mediation program. Matters involving the following adverse actions shall undergo mediation through the program:

(1) The removal;

(2) The reduction in grade;

(3) The suspension of 10 days or more;

(4) The placement on enforced leave lasting 10 days or more; and

(5) Any other appeal the Hearing Examiner considers appropriate for mediation.

(b) Settlement of the dispute may be raised by the Hearing Examiner with the parties at any time. If the parties agree to a settlement without a decision on the merits of the case, a settlement agreement, prepared and signed by all parties, shall constitute the final and binding resolution of the appeal, and the Hearing Examiner shall dismiss the appeal with prejudice.

(Mar. 3, 1979, D.C. Law 2-139, § 605; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(3), 45 DCR 2464; Sept. 14, 2011, D.C. Law 19-21, § 1042, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 1-606.6.

Section References

This section is referenced in § 1-606.11.

Effect of Amendments

D.C. Law 19-21 rewrote subsec. (a), which had read as follows: “(a) The Office may, in its discretion, develop a mediation program.”

Short Title

Short title: Section 1041 of D.C. Law 19-21 provided that subtitle D of title I of the act may be cited as “Office of Employee Appeals Mandatory Mediation Amendment Act of 2011”.

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

§ 1–606.07. Arbitration.

(a) The parties may agree in writing to arbitrate the dispute rather than have the Office adjudicate the case. An agreement by the parties to arbitrate the dispute must be reached within 30 days, excluding Saturdays, Sundays, and legal holidays, of the date the appeal was filed with the Office. Failure to reach an agreement to arbitrate shall result in the appeal being adjudicated by the Office.

(b) If the parties agree to arbitrate the dispute, the Office shall immediately forward the matter to the American Arbitration Association (“AAA”). The dispute shall be arbitrated in accordance with the Voluntary Labor Arbitration Rules of the AAA, except that a hearing on the dispute shall be held no later than 60 days from the date the dispute is referred to AAA.

(c) When an employee who is a party to the dispute is not a member of a collective bargaining unit, the District shall bear the filing fee and the costs of the arbitration, including the arbitrator’s fee. When an employee who is a party to the dispute is a member of a collective bargaining unit, the terms of the collective bargaining agreement and § 1-616.52(d) shall govern with respect to the filing fee and the costs of arbitration.

(d) The decision of the arbitrator may be appealed to the Superior Court of the District of Columbia within 30 days of issuance of the decision. The Court shall vacate the arbitration award if:

(1) The award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator, corruption by an arbitrator, or misconduct prejudicing the rights of any party;

(3) The arbitrator exceeded his or her authority;

(4) The arbitrator refused to postpone the hearing upon sufficient cause being shown, refused to hear evidence material to the controversy, or otherwise conducted the hearing in a manner to prejudice substantially the rights of a party;

(5) The award was not in accordance with applicable law, regulations, or rules; or

(6) There was no agreement to arbitrate.

§ 1–606.08. Attorney fees.

(a) The Hearing Examiner or the Arbitrator may require payment by the agency of reasonable attorney fees if the appellant is the prevailing party and payment is warranted in the interest of justice.

(b) Expired.

§ 1–606.09. Enforcement of order.

If the Office determines that the respondent has not complied with an order within 30 calendar days of service of the order, the Office shall certify the matter to the General Counsel and any agency that may be appropriate for enforcement.

§ 1–606.10. Public hearings.

(a) Hearings shall be open to the public. However, the Hearing Examiner may order a hearing or any part of a hearing closed if to do so would be in the best interest of the appellant, a witness, the public, or any other affected person. An order closing the hearing shall set forth the reasons for the Hearing Examiner’s decision. Any objection to closing the hearing shall be made part of the record.

(b) A vote or decision on the appeal by the Office shall be made in public, pursuant to § 1-207.42.

§ 1–606.11. Rules.

Within 45 days of May 15, 1990, the Office shall, pursuant to § 1-606.02, issue proposed rules to implement the provisions of §§ 1-604.06, 1-606.01, 1-606.03(c), and 1-606.06 to 1-606.10. The proposed rules 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 proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.

Subchapter VII. Equal Employment Opportunity.

§ 1–607.01. Affirmative action; exercise of religion.

(a) The Council reaffirms its intent that the objectives of the Affirmative Action in District Government Employment Act, as amended (D.C. Code, § 1-521.01) be carried out.

(b) The Council and each agency shall make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business.

(c) If an employee’s religious beliefs require the employee to take time off from work during certain periods of the workday or workweek, the employee may elect to make up the time off, rather than to charge the time off to leave, in accordance with the procedures established under subsections (d) and (e) of this section.

(d) An employee who makes an election pursuant to subsection (c) of this section shall, if the need to take time off is foreseeable, request an adjustment of his or her work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time off from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the entity of the District government for which the employee works.

(e) Notice of an employee’s opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government.

(f) Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken off for the religious accommodation.

§ 1–607.02. Special provisions for persons with physical or developmental disabilities.

The Mayor may develop rules and regulations which authorize the inquiry into bona fide job-related qualifications which may affect persons with physical or developmental disabilities, prior to appointing such individuals under the authority of § 1-609.04(2). Persons with physical or developmental disabilities who apply for positions under the authority of subchapters VIII and VIII-A of this chapter may be examined to assure that their level of skills is sufficient to meet minimal job qualifications.

§ 1–607.03. Veterans preference in employment.

(a) For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under § 511(d) of Title 10 of the United States Code [transferred; see now 10 U.S.C. § 12103] and have separated from the armed forces under honorable conditions may receive an additional 5 points on any register established under the authority of subchapters VIII and VIII-A of this chapter.

(b) A person entitled to preference points, as provided in subsection (a) of this section, shall receive an additional 5 points if he or she has separated from the armed forces under honorable conditions, and has established the presence at the time of appointment of a service-connected disability or is receiving compensation, disability retirement benefits, or pensions because of a public law administered by the Veterans Administration or a military department.

(c) Any employee of the District government who, on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to such veterans preference under this chapter.

(d) The Mayor is authorized to develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the armed forces but were less than honorably discharged. Such persons may be entitled to the preference afforded by this section at the time of initial appointment if they show, to the satisfaction of the Mayor, that they have been discriminated against in violation of those rights guaranteed in § 1-601.01(2) and this subchapter. No appeal shall be available to any person not afforded a veterans preference under the provisions of this subsection.

(e) Except for the appointment preferences provided in subsections (h), (i), (j), and (k) of this section, no person shall receive any appointment preference after 5 years from the date of separation from the armed forces of the United States.

(f) No person entering the armed forces of the United States after October 14, 1976, shall receive any preference unless the person served in the armed forces of the United States during time of war.

(g) No person retiring from the armed forces of the United States shall receive any preference.

(h) The surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership of a veteran shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(D) and 3309(1).

(i) The spouse or domestic partner of a service-connected veteran with a disability shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(E) and 3309(1).

(j) A person classified as 30 percent or more disabled under subsection (b) of this section shall receive an appointment preference as provided in that subsection.

(k) A person who served during the Vietnam conflict, who has a discharge of other than dishonorable, shall receive an appointment preference for a period not to exceed 10 years from May 19, 1982.

(Mar. 3, 1979, D.C. Law 2-139, § 703, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(f), 27 DCR 2632; May 19, 1982, D.C. Law 4-107, §§ 2, 3, 29 DCR 1410; Apr. 24, 2007, D.C. Law 16-305, § 3(c), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(b), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-607.3.

1973 Ed., § 1-337.3.

Effect of Amendments

D.C. Law 16-305, in subsec. (i), substituted “veteran with a disability” for “disabled veteran”.

D.C. Law 17-231, in subsec. (h), substituted “surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership” for “unmarried widow or widower”; and, in subsec. (i), substituted “spouse or domestic partner” for “wife or husband”.

References in Text

“ Section 511(d) of Title 10 of the United States Code,” referred to in (a), was recodified as sections 3571 and 8571 of Title 10. These sections were subsequently repealed, and present similar provisions may be found at 10 U.S.C. § 741.

§ 1–607.04. Employee selection procedures — Statement of purpose.

The Council believes that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies, as required by this subchapter. It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complemented by sound programs of job design, may aid significantly in the development and maintenance of an efficient work force and in the utilization and conservation of human resources.

§ 1–607.05. Employee selection procedures — Relation to job required.

The selection procedures utilized shall be job related to minimize or eliminate discrimination.

§ 1–607.06. Employee selection procedures — Evidence of validity.

(a) Each person utilizing a selection procedure in choosing among candidates for a position shall have available for inspection evidence that the procedure does not violate § 1-607.05. Such evidence shall be examined for indications of possible discrimination, such as instances of higher rejection rates for minority candidates than nonminority candidates.

(b) Evidence of selection procedure validity should consist of evidence demonstrating that the procedure is predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.

§ 1–607.07. Sex discrimination in benefit programs.

No benefit program shall be denied to any District employee on account of sex.

§ 1–607.08. Specific standards authorized.

Specific standards to carry out the purposes of this subchapter shall be adopted by the Mayor.

Subchapter VII-A. Residency Requirement. [Repealed].

§ 1–607.51. Residency requirement. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 751; as added July 24, 1998, D.C. Law 12-138, § 2(c), 45 DCR 2972; Oct. 21, 1998, Pub. L. 105-277, § 153, 112 Stat. 2681-146.)

Prior Codifications

1981 Ed., § 1-607.51.

Cross References

Employee deferred compensation program, office of employee appeals, review, see § 47-3601.

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

Health and hospitals public benefit corporation, personnel administration, see § 44-1102.08.

Merit system, coverage, agreements to provide coverage, see § 1-602.01.

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

Merit system, educational service, rules and regulations, see § 1-608.01a.

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, excepted service, transitional appointments or reassignments of nontemporary appointments, see § 1-609.07.

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

Organization for personnel management, rules and regulations, see § 1-604.04.

Public employee relations board, transfer of property, personnel and cases, see § 1-605.03.

Public libraries, board of trustees, powers and duties, see § 39-105.

Public service commission, office of general counsel, powers and duties, see § 34-803.

Washington convention center authority, merit personnel system inapplicable, see § 10-1202.16.

Editor's Notes

Section 2(c) of D.C. Law 12-138 had added this section, effective July 24, 1998; this section was subsequently repealed by Pub. L. 105-277, § 153, effective Oct. 21, 1998.

Subchapter VII-B. Transgender and Non-Binary Employment Study.

§ 1–607.61. Definitions.

For the purposes of this subchapter, the term:

(1) "Cisgender" means individuals whose sex assigned at birth matches the individual's perceived gender.

(2) "Gender identity" means an individual's internal sense of the individual's gender, which may be the same as or different from sex assigned at birth and can include male, female, neither, or both.

(3) "Non-binary" includes individuals whose gender identity is neither entirely male nor entirely female, or varies between the two.

(4) "Transgender" includes individuals whose gender identity or expression is different from that typically associated with their assigned sex at birth.

§ 1–607.62. Study of transgender and non-binary employment.

(a) The Mayor shall contract with an entity to conduct a study of employment data, hiring and recruitment practices, and workplace climate in District government agencies in relation to people who are transgender or non-binary. At a minimum, the study shall include:

(1) A census of employees who identify as transgender or non-binary, including information on the employees' race and ethnicity, gender identity, and age;

(2) A review of District government agencies' transgender and non-binary inclusion policies, including policies developed under Unit A of Chapter 14 of Title 2 ("Human Rights Act"), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of the extent to which District government agencies have implemented such polices and how transgender and non-binary employees experience such polices;

(3) An evaluation of District government agencies' actual recruitment, hiring, retention, and promotion practices related to prospective and current transgender and non-binary employees;

(4) An analysis of any disparities in earnings, title, pay grade, length of time in position, and educational attainment between employees who identify as transgender or non-binary and employees who identify as cisgender;

(5) An assessment of transgender and non-binary employees' workplace experiences as employees of District government agencies, including experiences of discrimination, harassment, or mistreatment on the job;

(6) An evaluation of data, including participant demographics and program outcomes, for transgender or non-binary participants in the Department of Employment Services' job training programs; and

(7) Recommendations for District government agencies on improving employment and hiring practices as they relate to individuals who are transgender or non-binary.

(b) The contractor may survey employees to gather data for the purposes of the study.

(1) Have, or partner with another entity with, experience studying and knowledge of sexual orientation and gender identity;

(2) Include a statement in requests for information and surveys sent to employees explaining that providing information is voluntary;

(3) Ensure the privacy, dignity, and confidentiality of employees;

(4) Not disclose, or retain after the study is complete, personally identifiable information gathered in the course of the study; and

(5) Consult with the Office of Human Rights in developing a detailed proposed plan of the study, surveys to be administered, and any resulting recommendations from the entity.

(d) The Mayor may use electronic communication tools, including e-mail, to facilitate the contractor's outreach to District government employees.

(e) The Mayor shall:

(1) Review the contractor's proposals and recommendations to ensure they are consistent with the Human Rights Act;

(2) Review data, with personally identifiable information removed, on harassment and discrimination complaints filed by transgender and non-binary employees against District government agencies since January 1, 2015;

(3) Provide the contractor with the information necessary to facilitate subsection (a) of this section; and

(4) Submit a final report with findings and recommendations to the Council no later than December 31, 2021. The final report submitted to the Council shall not contain any personally identifiable information.

Subchapter VIII. Career Service.

§ 1–608.01. Creation of Career Service.

(a) The Mayor shall issue rules and regulations governing employment, advancement, and retention in the Career Service which shall include all persons appointed to positions in the District government, except persons appointed to positions in the Excepted, Executive, Educational, Management Supervisory, or Legal Service. The Career Service shall also include, after January 1, 1980, all persons who are transferred into the Career Service pursuant to the provisions of subsection (c) of § 1-602.04. The rules and regulations governing Career Service employees shall be indexed and cross referenced to the incumbent classification system and shall provide for the following:

(1) A positive recruitment program designed to meet current and projected personnel needs;

(2) Open competition for initial appointment to the Career Service; provided, that resident District graduates shall receive consideration priority as provided in subsection (b-1) of this section;

(3) Examining procedures designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development as provided in subchapter VII of this chapter;

(4) Appointments to be made on the basis of merit by selection from the highest qualified available eligibles based on specific job requirements, from appropriate lists established on the basis of the provisions of paragraphs (1), (2), and (3) of this subsection with appropriate regard for:

(A) Affirmative action goals;

(B) The preferences provided in subsections (e) and (e-1) of this section; and

(5) Appointments made without time limitation in accordance with paragraph (4) of this subsection, as permanent Career Service status appointments upon satisfactory completion of a probationary period of at least 1 year;

(6) Temporary, term, and other time-limited appointments, in appropriate cases, which do not confer permanent status but are to be made, insofar as practicable, in accordance with paragraph (4) of this subsection, except that such appointments to positions at the DS-12 level or equivalent or below may be made non-competitively;

(7) Appointments to continuing positions (in the absence of lists of eligibles), which do not confer permanent status, subject to meeting minimum qualification standards and subject to termination as soon as lists of qualified eligibles for permanent appointment can be established in accordance with paragraph (4) of this subsection;

(8) Emergency appointments for not more than 30 days to provide for maintenance of essential services in situations of natural disaster or catastrophes where normal employment procedures are impracticable;

(9) Promotions of permanent employees, giving due consideration to demonstrated ability, quality, and length of service;

(10) Reinstatements, reassignments, and transfers of employees with permanent status;

(11) Establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development, with special emphasis on resident District graduates as provided in subsection (b-1) of this section, in order to provide career development opportunities for members of disadvantaged groups, persons with disabilities, women, and other appropriate target groups. These programs may provide for permanent appointments to trainee or similar positions through competition limited to these persons;

(12) Reduction-in-force procedures, with:

(A) A prescribed order of separation based on tenure of appointment, length of service, including creditable federal and military service, District residency, veterans preference, and officially documented work performance;

(B) Priority reemployment consideration for employees separated;

(D) Employee appeal rights; and

(13) Separations for cause, which shall be subject to the adverse action and appeal procedures provided for in subchapter XVI-A of this chapter.

(b) Selections to the Career Service shall be made in accordance with equal employment opportunity principles as set forth in subchapter VII of this chapter.

(b-1)(1) For each entry-level job opening, a subordinate agency, or the Department of Human Resources acting on behalf of the subordinate agency, shall:

(A) Directly solicit Career Service applications from resident District graduates through means that effectively target that population:

(B) Accept applications for at least 5 business days;

(C) Use numerical ratings, categorical rankings, or pass-fail ratings to score or rank entry-level job applicants as qualified or the equivalent of qualified, pursuant to regulations issued by the Mayor;

(D) Conduct individual interviews with select candidates as part of its hiring process; and

(E) Exclusively consider hiring resident District graduate applicants who are scored or ranked as at least qualified (or the equivalent of qualified), until that pool of resident District graduate applicants has been exhausted.

(2) If a subordinate agency is unable to fill a position after considering all qualified (or equivalently scored or ranked) resident District graduate applicants, the subordinate agency may consider other candidates.

(3) An applicant who claims resident District graduate consideration priority under this subsection shall submit proof of entitlement to the priority in a manner determined by the Mayor.

(4) Nothing in this subsection shall be interpreted as superseding a collective bargaining agreement that:

(A) Requires a subordinate agency to post vacant Career Service positions internally to allow agency bargaining unit term and temporary employees to apply and compete before posting the positions externally; or

(B) Requires a subordinate agency to give consideration priority for Career Service entry-level jobs to applicants other than resident District graduates.

(5) For the purposes of this subsection, the term "qualified" shall have the same meaning as provided in sections 809 through 810 of Title 6-B of the District of Columbia Municipal Regulations (6-B DCMR §§ 809-810), or subsequent regulations issued by the Mayor.

(4A)(A) Each subordinate agency head shall submit to the Mayor an annual report detailing, for each new employee hired into an entry-level job during the reporting period, whether the employee is a resident District graduate.

(B) The Mayor shall integrate into each subordinate agency's annual performance objectives the target percentage of new hires into entry-level jobs who are resident District graduates.

(C)(i) The Mayor shall conduct annual audits of each subordinate agency's personnel records to ensure that all persons receiving resident District graduate consideration priority submitted requisite proof of entitlement.

(ii) Audit reports shall be submitted annually to the Council.

(d) The Mayor may issue separate rules and regulations concerning the personnel system affecting members of the uniform services of the Fire and Emergency Medical Services Department ("FEMS") which may provide for a probationary period of at least one year. Other such separate rules and regulations may only be issued to carry out provisions of this chapter that accord such member of the uniform services of FEMS separate treatment under this chapter. The separate rules and regulations are not a bar to collective bargaining during the negotiation process between the Mayor and the recognized labor organizations for FEMS, but shall be within the parameters of [§ 1-617.08].

(d-1) For members of the Metropolitan Police Department and notwithstanding § 1-632.03(a)(1)(B) or any other law or regulation, the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines.

(d-2)(1) The Chief of Police shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to the positions of Inspector, Commander, and Assistant Chief of Police that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies.

(2) All candidates for the positions of Inspector, Commander, and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.

(d-3)(1) The Fire Chief shall recommend to the Mayor criteria for Career Service promotions and Excepted Service appointments to the positions of Assistant Fire Chief, Deputy Fire Chief, and Battalion Fire Chief that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Fire Chief shall review national standards, such as the National Fire Protection Association’s Standard on Fire Officer Professional Qualifications.

(2) All candidates for the positions of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.

(3) Members of the Fire and Emergency Medical Services Department appointed pursuant to this subsection shall be returned to the immediate previous civil service rank, or to the rank of Captain, when the Mayor so determines.

(e)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, and in accordance with § 1-515.02, an applicant for District government employment in the Career Service 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 applicant claims the preference.

(2)(A) Failure to maintain District residency for a period of 7 consecutive years from the individual's effective date of hire into the position for which the individual claimed the residency preference shall result in forfeiture of District government employment.

(B) Verification and enforcement of residency shall occur pursuant to § 1-515.04.

(C) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Career Service shall be governed by § 1-515.05.

(3) Any individual hired under a previous residency law who was subject to a residency requirement shall be treated as if the individual claimed a preference and was hired pursuant to the Residency Preference Amendment Act of 1988 [D.C. Law 7-203].

(4) In reductions-in-force, a resident District employee shall be preferred for retention and reinstatement of employment over a non-resident District employee. For purposes of this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall be considered a District resident. When the provisions of this paragraph conflict with an effective collective bargaining agreement, the terms of the collective bargaining agreement shall govern.

(5) A District employee hired in the Career Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Career Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection.

(5A)(A) An individual entitled to a hiring preference under subsection (e-1)(1)(B) of this section, regardless of place of residency, shall be deemed to be a District resident and shall be eligible for the District resident hiring preference described in paragraph (1) of this subsection.

(B) If an individual covered by subsection (e-1)(1)(B) claims the residency preference under paragraph (1) of this subsection, the individual shall become a District resident within 180 days after separation from the foster care program and be subject to the requirements of § 1-515.02.

(C) Within 180 days of May 23, 2019, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue final rules to implement the preference system established by this paragraph.

(6) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, 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.

(7)(A) Except as provided in § 1-515.03(a)(6), and subparagraph (B) of this paragraph, the Mayor may not require an individual to reside in the District of Columbia as a condition of employment in the Career Service.

(B) The Mayor shall provide notice to each employee in the Career Service of the provisions of this subsection that require an employee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989.

(e-1)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2 [§ 2-1401.01 et seq.], an applicant for District government employment in the Career Service shall be awarded a 10-point hiring preference; provided, that the applicant claims the preference, if, at the time of application, the applicant:

(A) Is within 5 years of leaving foster care under the Child and Family Services Agency and is a resident of the District; or

(B)(i) Is currently in the foster care program administered by the Child and Family Services Agency; and

(ii) Is at least 18 years old and not more than 21 years old, regardless of residency.

(2) An applicant claiming a hiring preference pursuant to this subsection shall submit proof of eligibility for the preference by submitting to the hiring authority a letter or other document issued by the Child and Family Services Agency or the Family Court of the Superior Court of the District of Columbia showing that the applicant is or was in foster care or showing the date the applicant left court supervision.

(3) An applicant who receives a hiring preference pursuant to this subsection and who is a resident of the District shall remain eligible to receive any other preference available under this chapter in addition to the preference received pursuant to this subsection.

(4) For the purposes of this subsection, the term “foster care” shall have the same meaning as provided in § 4-342(2).

(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 30-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 by resolution within the 30-day review period, the proposed rules shall be deemed approved.

(f) Repealed.

(g) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 801, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(a), 25 DCR 10565; Aug. 7, 1980, D.C. Law 3-81, § 2(g), 27 DCR 2632; May 22, 1981, D.C. Law 4-2, § 2(a)-(c), 28 DCR 2586; Apr. 3, 1982, D.C. Law 4-92, § 2(a)-(c), 29 DCR 745; Aug. 1, 1985, D.C. Law 6-15, § 7(a), 32 DCR 3570; Mar. 16, 1989, D.C. Law 7-203, § 2(a), 36 DCR 450; Nov. 21, 1989, 103 Stat. 1277, Pub. L. 101-168, § 110B(b)(1); June 10, 1998, D.C. Law 12-124, § 101(e), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(a), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 20, 1999, D.C. Law 12-260, § 2(c), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(h), 47 DCR 520; Oct. 19, 2000, D.C. Law 13-172, § 822(a), 47 DCR 6308; Sept. 30, 2004, D.C. Law 15-194, § 104(a), 51 DCR 9406; Apr. 24, 2007, D.C. Law 16-305, § 3(d), 53 DCR 6198; Feb. 6, 2008, D.C. Law 17-108, § 203(d), 54 DCR 10993; Sept. 12, 2008, D.C. Law 17-231, § 3(c), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, § 223(c)(2), 56 DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(a), 59 DCR 461; July 13, 2012, D.C. Law 19-162, § 3, 59 DCR 5713; Mar. 7, 2015, D.C. Law 20-173, § 201(a), 61 DCR 12582; Feb. 22, 2019, D.C. Law 22-211, § 2(c), 65 DCR 12603; May 23, 2019, D.C. Law 22-315, § 3(d), 66 DCR 1983; Apr. 27, 2021, D.C. Law 23-274, § 801, 68 DCR 001034; Apr. 21, 2023, D.C. Law 24-345, § 116(a), 70 DCR 7904.)

Prior Codifications

1981 Ed., § 1-608.1.

1973 Ed., § 1-338.1.

Section 203 of D.C. Law 20-173 provided that the amendments by §§ 201 and 202 of the act shall expire 2 years after March 7, 2015.

Section References

This section is referenced in § 1-602.01, § 1-602.02, § 1-602.04, § 1-608.59, § 1-609.57, § 4-1303.03, § 34-801, and § 50-2301.04.

Effect of Amendments

D.C. Law 13-91, in par. (13) of subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.

D.C. Law 13-172 inserted subsec. (d-1).

D.C. Law 15-194 added subsecs. (d-2) and (d-3).

D.C. Law 16-305, in subsec. (a)(11), substituted “persons with disabilities” for “handicapped persons”.

D.C. Law 17-108, rewrote subsecs. (e)(1) and (2); in subsec. (e)(7)(B), substituted “7 consecutive years” for “5 consecutive years”; and added subsec. (g).

D.C. Law 17-231, in subsec. (c)(1), substituted “spouse, domestic partner” for “husband, wife”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (e).

D.C. Law 19-115 repealed subsec. (c).

D.C. Law 19-162 added subsec. (e-1).

The 2015 amendment by D.C. Law 20-173 substituted “the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines” for “the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines” in (d-1).

Cross References

Traffic adjudication, hearing examiners powers and duties, see § 50-2301.04.

D.C. retirement board, see § 1-711.

Mayor and Council members, coverage, see § 1-602.02.

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

Procurement, employees subject to ethical conduct requirements, see § 2-310.01.

Applicability

Applicability of D.C. Law 22-211: § 7156 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-211. Therefore the amendment of this section by D.C. Law 22-211 has been implemented.

Applicability of D.C. Law 22-211: § 4 of D.C. Law 22-211 provided that the change made to this section by § 2(c) of D.C. Law 22-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-211, see § 7156 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary amendment of section, see § 2(c) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).

For temporary (90-day) designation of section as Part A, Career Service Created, and temporary addition of a Part B, Lateral Police Career Appointments, consisting of §§ 1-608.11 to 1-608.15, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

For temporary (90-day) amendment of section, see § 822(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 822(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of Department of Parks and Recreation Term Employee Appointment Emergency Amendment Act of 2009 (D.C. Act 18-50, April 27, 2009, 56 DCR 3584).

For temporary (90 days) amendment of this section, see § 201(a) of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438).

Temporary Legislation

For temporary (225 day) additions, see § 2 of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).

For temporary (225 day) additions, see § 2 of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).

Section 2 of D.C. Law 18-30 added a new subsec. (a)(6A) to read as follows:

“(6A) The position of a term employee in the Department of Parks and Recreation, paid by local appropriated funds and performing permanent services, that is renewed for more than 4 consecutive term appointments shall be converted to a career service employee position, subject to all laws regulating employee competition.”

Section 4(b) of D.C. Law 18-30 provided that the act shall expire after 225 days of its having taken effect.

References in Text

The “Residency Preference Amendment Act of 1988”, referred to in subsection (e)(3), is D.C. Law 7-203.

Editor's Notes

Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provided: “Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress.”

Section 203 of D.C. Law 20-173 provided that the amendments by §§ 201 and 202 of the act shall expire 2 years after March 7, 2015.

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had added a subsection (f) to this section.

Subchapter VIII-A. Educational Service.

§ 1–608.01a. Creation of the Educational Service.

(a) For the purpose of this subchapter, the term “Board” means the Board of Trustees of the University of the District of Columbia for educational employees of the University of the District of Columbia.

(b) The Board shall issue rules and regulations governing employment, advancement, and retention in the Educational Service, which shall include all educational employees of the District of Columbia employed by the Board. The rules and regulations shall be indexed and cross referenced as to the incumbent classification and compensation system.

(1) University of the District of Columbia. — In keeping with the purpose of this chapter, the Board of Trustees of the University of the District of Columbia shall issue rules and regulations embodying principles of merit and equal employment governing, among others, appointment, promotion, retention, reassignment, professional development and training, classification, and salary administration (except as provided in § 1-602.03), employee benefits, reduction-in-force, adverse action, grievances, and appeals, provided that such rules and regulations concerning adverse actions and regulations covering adverse actions and appeals shall be consistent with subchapters V, VI, VII, XVII-A and XVII of this chapter.

(2)(A)(i) Excluding those employees in a recognized collective bargaining unit, those employees appointed before January 1, 1980, those employees who are based at a local school or who provide direct services to individual students, and those employees required to be excluded pursuant to a court order (collectively, “Excluded Employees”), a person appointed to a position within the Educational Service shall serve without job tenure.

(ii) Except for Excluded Employees, the provisions of this paragraph shall apply to all nonschool-based personnel, as defined in § 1-603.01(13C), including:

(I) All Educational Service employees within the District of Columbia Public Schools (“DCPS”);

(II) Repealed.

(III) All Educational Service employees within the Office of the State Superintendent of Education.

(B)(i) A person employed within the Educational Service in DCPS, the Office of the State Superintendent of Education as of January 22, 2008, who is not an Excluded Employee shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph. A person employed by the Office of the State Superintendent of Education (“OSSE”) as of August 16, 2008, who is not an Excluded Employee, shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph.

(ii) Within 30 days of January 22, 2008, or in the case of employees employed by the OSSE before August 16, 2008, within 30 days of August 16, 2008, the Mayor shall notify in writing each employee of his or her reappointment. The employee shall accept or decline such reappointment within 10 days of receipt of the reappointment notice.

(iii) A person declining such reappointment shall receive a written 15-day separation notice and shall be entitled to severance pay pursuant to § 1-624.09.

(iv) An employee who accepts reappointment who is subsequently terminated shall be terminated in accordance with subparagraph (C)(ii) and (iii) of this paragraph.

(C)(i) A person employed within the Educational Service in DCPS, or the Office of the State Superintendent of Education who is not an Excluded Employee, shall be a probationary employee for one year from his or her date of hire (“probationary period”) and may be terminated without notice or evaluation.

(ii) Following the probationary period, an employee may be terminated, at the discretion of the Mayor; provided, that the employee has been provided a 15-day separation notice and has had at least one evaluation within the preceding 6 months, a minimum of 30 days prior to the issuance of the separation notice.

(iii) An employee terminated for non-disciplinary reasons may be given severance pay in accordance with § 1-609.03(f).

(D) The Mayor may terminate without notice or evaluation an employee for the following reasons:

(i) Conviction of a felony at any time following submission of an employee’s job application;

(ii) Conviction of another crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;

(iii) Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;

(iv) Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or

(v) Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance.

(E) A terminated employee shall retain his or her veterans preference eligibility, if any, in accordance with federal laws and regulations issued by the United States Office of Personnel Management but shall be separated without competition, assignment rights, retreat rights, a right to re-assignment under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to section 2400 of the District of Columbia Personnel Manual, or a right to any internal or administrative review, subject to any right under the Unit A of Chapter 14 of Title 2 [§ 2-1401.01 et seq.], federal law, or common law.

(F)(i) The Mayor shall establish:

(I) A positive recruitment program designed to meet current and projected personnel needs;

(II) A procedure for open competition for initial appointment to the Educational Service, designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development, and appointments of persons, made on the basis of merit, by selection from the highest qualified available eligible persons based on specific job requirements, with appropriate regard for affirmative-action goals and veterans preference as provided in subchapter VII of this chapter; and

(III) Written position descriptions for each position within the Educational Service and a process for updating the descriptions to maintain accurate and current position descriptions.

(ii) The Mayor shall provide a written copy of the relevant position description to each new employee and to each reappointed employee upon employment or reappointment.

(G) Appointments to the Educational Service of persons shall be made in accordance with equal employment opportunity principles, as set forth in subchapter VII of this chapter.

(H) Temporary and other time-limited appointments, which do not confer permanent status, may be made in appropriate cases, at the discretion of the Mayor, including emergency appointments to provide for the maintenance of essential services in situations of natural disaster or catastrophes, where normal-employment procedures are impracticable.

(I) Within 180 days of January 22, 2008, the Mayor shall submit a list to the Council, for informational purposes, of those people employed within the Educational Service in DCPS, the Office of the State Superintendent of Education, and the Office of Public Education Facilities Modernization as of January 22, 2008, who, pursuant to subparagraph (B) of this paragraph, declined reappointment and were terminated and who accepted reappointment but were subsequently terminated. The Mayor shall maintain a database of this information on an ongoing basis to be submitted to the Council pursuant to section 5 of the Public Education Personnel Reform Amendment Act of 2008, effective March 20, 2008 (D.C. Law 17-122; 55 DCR 1506).

(J)(i) The Mayor shall establish reduction-in-force procedures, including:

(I) A prescribed order of separation based on District residency and veterans preference;

(II) Priority reemployment consideration of separated employees; and

(III) Job sharing and reduced hours, if feasible.

(ii) Notwithstanding any other provision of law or regulation, an Excluded Employee or a nonschool-based employee shall not be assigned or reassigned to replace a classroom teacher.

(iii) For the purposes of this subparagraph, the term “reduction-in-force” means a reduction in personnel, the need for which shall be declared by the Mayor, that is necessary due to a lack of funding or the discontinuance of a department, program, or function of an agency. A reduction-in-force shall not be considered a punitive or corrective action as it relates to an employee separated pursuant to the reduction in force and no blemish on an employee’s record shall ensue.

(3) Repealed.

(c)(1) For the purpose of this subsection, “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, spouse, domestic partner, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(2) A public official who appoints, employs, promotes, or advances, or advocated such appointment, employment, promotion, or advancement of any individual in violation of this subsection shall reimburse the District for any funds improperly paid to such individual.

(3) The Board may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this subsection.

(4) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency, and is a relative of the individual.

(d)(1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, and in accordance with§ 1-515.02, an applicant for District government employment in the Educational Service 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 applicant claims the preference.

(B) Verification and enforcement of residency shall occur pursuant to § 1-515.04.

(C) Beginning on the May 23, 2019, waivers for residency requirements applicable to employees in the Education Service shall be governed by § 1-515.05.

(5) A District employee hired in the Educational Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Educational Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection.

(6) The Mayor or the Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, 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.

(7)(A) Except as provided in § 1-515.03(a)(6), and subparagraph (B) of this paragraph, the Mayor or the Board may not require an individual to reside in the District of Columbia as a condition of employment in the Educational Services.

(B) The Mayor or the Board shall provide notice to each employee in the Educational Service of the provisions of this subsection that require an employee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989.

(e) Repealed.

(f) The Board shall integrate into its yearly performance objectives the target percentage of new hires and target percentage of all employees who are District residents.

(Mar. 3, 1979, D.C. Law 2-139, § 801A, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(b), 25 DCR 10565; Aug. 7, 1980, D.C. Law 3-81, § 2(h), 27 DCR 2632; May 22, 1981, D.C. Law 4-2, § 2(d), (e), 28 DCR 2586; Apr. 3, 1982, D.C. Law 4-92, § 2(d), (e), 29 DCR 745; Mar. 14, 1985, D.C. Law 5-159, § 21, 32 DCR 30; Aug. 1, 1985, D.C. Law 6-15, § 7(b), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(h), 33 DCR 7241; Mar. 16, 1989, D.C. Law 7-203, § 2(b), 36 DCR 450; Nov. 21, 1989, 103 Stat. 1277, Pub. L. 101-168, § 110B(b)(2); Sept. 26, 1995, D.C. Law 11-52, § 1001(b), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(a), (b), 43 DCR 5; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(2); Aug. 1, 1996, D.C. Law 11-152, § 302(g), 43 DCR 2978; Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(2); June 10, 1998, D.C. Law 12-124, § 101(f), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(b), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 12, 2000. D.C. Law 13-91, § 103(i), 47 DCR 520; Apr. 24, 2007, D.C. Law 16-305, § 3(e), 53 DCR 6198; Feb. 6, 2008, D.C. Law 17-108, § 203(e), 54 DCR 10993; Mar. 20, 2008, D.C. Law 17-122, § 2(a), 55 DCR 1506; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(a), 4019(a), 55 DCR 7598; Sept. 12, 2008, D.C. Law 17-231, § 3(d), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, §§ 224(a), 225, 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-171, §§ 9(c), 143, 59 DCR 6190; May 23, 2019, D.C. Law 22-315, § 3(e), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-609.1.

1973 Ed., § 1-338.2.

Section References

This section is referenced in § 1-602.04, § 1-617.09, and § 1-624.02.

Effect of Amendments

D.C. Law 13-91, in par. (1) of subsec. (b), substituted “subchapters V, VI, VII, XVII-A and XVIII” for “subchapters V, VI, VII, XVII and XVIII”.

D.C. Law 16-305, in subsec. (b)(2)(K), substituted “persons with disabilities” for “handicapped persons”.

D.C. Law 17-108, rewrote subsecs. (d)(1) and (2); in subsec. (d)(7)(B), substituted “7 consecutive years” for “5 consecutive years”; and added subsec. (f).

D.C. Law 17-122, in subsec. (a), substituted “Board” for “Boards” and deleted “the District of Columbia Board of Education for educational employees of the Board of Education and” following “means”; in subsec. (b), substituted “Board” for “Boards” and rewrote par. (2); in subsec. (c), substituted “Board” for “Boards”; in subsec. (d), substituted “Mayor or Board” for “Boards”.

D.C. Law 17-219, in subsec. (b)(2), repealed subpar. (A)(ii)(II), rewrote subpar. (A)(ii)(III), substituted “the Office of the State Superintendent of Education as of” for “the Office of the State Superintendent for Education, and the Office of Public Education Facilities Modernization as of” and inserted “A person employed by the Office of the State Superintendent of Education (’OSSE’) as of August 16, 2008, who is not an Excluded Employee, shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph.” in subpar. (B)(i), inserted “or, in the case of employees employed by the OSSE before August 16, 2008, within 30 days of August 16, 2008,” in subpar. (B)(ii), and substituted “or the Office of the State Superintendent of Education who is not” for “the Office of the State Superintendent for Education, or the Office of Public Education Facilities Modernization who is not” in subpar. (C)(i).

The 2012 amendment by D.C. Law 19-171 substituted “Superintendent of Education” for “Superintendent for Education” throughout (b); and substituted “The board” for “Each Board” in (f).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) additions, see §§ 3, 5 of Public Education Personnel Reform Emergency Amendment Act of 2008 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(a) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

For temporary (225 day) amendment of section, see § 1001 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Short Title

Short title: Section 4003 of D.C. Law 17-219 provided that subtitle B of title IV of the act may be cited as the “Educational Service Amendment Act of 2008”.

References in Text

The “Residency Preference Amendment Act of 1988”, referred to in subsection (d)(3), is D.C. Law 7-203.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Editor’s note: Both D.C. Law 11-52 and D.C. Law 11-98 added a new (b)(2)(L-i). The versions were almost identical, and effect has been given to D.C. Law 11-98.

Sections 3 to 5 of D.C. Law 17-122 provided:

“Sec. 3. Rulemaking.

“The Mayor shall issue rules to implement the provisions of section 2. The proposed rules shall be submitted to the Council for a 45-day period of review. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

“Sec. 4. Voluntary early-retirement request.

“The Mayor shall submit a request to the United States Office of Personnel Management that it authorize voluntary early retirement to employees in the Educational Service classification of the District of Columbia Public Schools, the Office of the State Superintendent of Education, and the Office of Public Education Facilities Modernization hired prior to 1987 and entitled to federal benefit payments.

“Sec. 5. Evaluation and re-authorization.

“On September 15, 2012, the Mayor shall submit to the Council an assessment of the personnel reform enacted by this act, which shall include:

“(1) A comprehensive list of the employees terminated pursuant to this act, as described in section 801A(b)(2)(I) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01a(b)(2)(I); and

“(2) An assessment of the progress in public education achieved as a result of this act that warrants continuation of the provisions of this act.”

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had added a subsection (e) to this section.

Subchapter VIII-B. Government Attorneys.

Part A. General.

§ 1–608.51. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means any subordinate or independent agency of the District government, but does not include the following entities:

(A) Superior Court or the Court of Appeals;

(B) District of Columbia Financial Responsibility and Management Assistance Authority;

(D) Repealed;

(E) Housing Finance Agency;

(F) Pretrial Services Agency;

(G) Public Defender Service;

(H) Water and Sewer Authority;

(I) Washington Convention and Sports Authority;

(J) Housing Authority; or

(K) Any agency or unit thereof excluded by court order from coverage pursuant to this chapter.

(2) "Attorney" means:

(A) Any position which is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(B) Notwithstanding subparagraph (A) of this paragraph, a hearing examiner employed by the Office of Employee Appeals.

(3) “Senior Executive Attorney Service position” means:

(A) Any attorney position which is classified above DS-15, or an equivalent position, and in which the employee:

(i) Directs the work of an organizational unit;

(ii) Is held accountable for the success of one or more specific programs or projects;

(iii) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals;

(iv) Supervises the work of employees other than personal assistants;

(v) Performs important legal policy-making or policy-determining functions; or

(vi) Provides significant leadership in legal counseling or in the trial of cases;

(B) Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or

(C) Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Officer.

(Mar. 3, 1979, D.C. Law 2-139, § 851; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(a), 47 DCR 520; July 12, 2001, D.C. Law 14-18, § 9(b), 48 DCR 4047; Oct. 20, 2005, D.C. Law 16-33, § 3012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191,§ 5(p)(1), 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2082(b), 57 DCR 181; Apr. 25, 2018, D.C. Law 22-87, § 2(b), 65 DCR 2368.)

Prior Codifications

1981 Ed., § 1-609.51.

Section References

This section is referenced in § 1-608.53 and § 7-771.06.

Effect of Amendments

D.C. Law 13-91, in subpar. (K) of par. (1), substituted “pursuant to this chapter” for “pursuant to the CMPA”.

D.C. Law 14-18 repealed subpar. (D) of par. (1) which had read:

“(D) Health and Hospitals Public Benefit Corporation;”

D.C. Law 16-33, rewrote pars. (3)(B) and (3)(C).

D.C. Law 16-191, in par. (3)(B), validated a previously made technical correction.

D.C. Law 18-111, in par. (1)(I), substituted “Washington Convention and Sports Authority” for “Washington Convention Center Authority”.

Applicability

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(b) of D.C. Law 22-87 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary addition of subchapter IX-B, see § 2(j) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 3012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title of subtitle B of title III of Law 16-33: Section 3011 of D.C. Law 16-33 provided that subtitle B of title III of the act may be cited as the Legal Service Amendment Act of 2005.

§ 1–608.51a. Establishment of the Mayor’s Office of Legal Counsel.

(a) Pursuant to § 1-204.04(b), the Council establishes the Mayor’s Office of Legal Counsel, within the executive branch of the District of Columbia government. The office shall be headed by a Director who shall be appointed by the Mayor and serve at the Mayor’s pleasure.

(b)(1) The purposes of the Mayor’s Office of Legal Counsel shall include:

(A) Coordinating the hiring, compensation, training, and resolution of significant personnel-related issues for subordinate agency counsel in conjunction with agency directors;

(B) Providing legal and policy advice to the Mayor and executive branch;

(D) Overseeing the representation of agencies in investigative matters before the executive branch of the federal government, Congress, or the Council of the District of Columbia; and

(E) Supervising outside counsel in matters where the Office of the Attorney General is recused from a matter or otherwise not available.

(2) The Director shall employ attorneys and support staff to assist in carrying out the purposes of the office. At least one staff member shall have as one of his or her primary duties the management of issues arising from subordinate agency general counsel-related matters.

(Mar. 3, 1979, D.C. Law 2-139, § 851a; as added Dec. 13, 2013, D.C. Law 20-60, § 101(a), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) 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) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) 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) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.52. Creation of the Legal Service.

There is established within the District government a Legal Service for the Council, independent agencies, and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise.

(Mar. 3, 1979, D.C. Law 2-139, § 852; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(b), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(b), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(f), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.52.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 16-33 rewrote the section, which had read as follows: “There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, this subchapter shall vest in the Corporation Counsel supervisory authority of attorneys employed by the subordinate agencies.”

The 2013 amendment by D.C. Law 20-60 substituted “all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise” for “all attorneys who perform work for subordinate agencies shall become employees of the Office of the Attorney General for the District of Columbia” in the second sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.53. Creation of the Senior Executive Attorney Service.

(a) A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the effectiveness and productivity of employees under their supervision.

(b) Notwithstanding subchapter XVI-A of this chapter, an appointment to the Senior Executive Attorney Service shall be at will employment, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(c) A Senior Executive Attorney who is to be removed or whose grade is to be reduced may be appointed, at the discretion of the Director of the Mayor’s Office of Legal Counsel or Attorney General, to a position in the Legal Service which is available and for which the attorney is qualified, if the removal or reduction in grade is not for delinquency or misconduct.

(d) A Senior Executive Attorney employed by the Office of the Attorney General shall serve at the pleasure of the Attorney General. A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency. A Senior Executive Attorney employed by the Mayor’s Office of Legal Counsel shall serve at the pleasure of the Director of the Mayor’s Office of Legal Counsel.

(e) A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency, and the subordinate agency head shall consult with the Director of the Mayor’s Office of Legal Counsel before making any decision concerning the termination of a Senior Executive Attorney.

(f) A Senior Executive Attorney employed by an independent agency shall serve at the pleasure of the agency head, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(g) Persons currently holding an appointment in the Excepted Service which meet the definition of a Senior Executive Attorney Service position as defined in § 1-608.51(3) shall be appointed to the Senior Executive Attorney Service unless the employee declines the appointment. A person who declines this appointment shall be appointed within 3 months to another position in the Legal Service if a vacant position for which the employee qualifies is available and is acceptable to the employee.

(h) An individual appointed to the Senior Executive Attorney Service shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons.

(Mar. 3, 1979, D.C. Law 2-139, § 853; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(b), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(c), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 121, 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(2), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(c), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.53.

Section References

This section is referenced in § 1-608.59, § 2-1831.08, and § 34-804.

Effect of Amendments

D.C. Law 13-91 rewrote subsec. (b), which previously read:

“An appointment to the Senior Executive Attorney Service shall be at-will employment.”; and in subsec. (f), added “, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute”.

D.C. Law 16-33, in subsecs. (a) through (d), substituted “Attorney General” for “Corporation Counsel”; and rewrote subsec. (e).

D.C. Law 16-91, in subsecs. (a) through (d), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (a) to (d), validated previously made technical corrections.

The 2013 amendment by D.C. Law 20-60 substituted “Director of the Mayor’s Office of Legal Counsel or Attorney General” for “Attorney General” in (c); added the last two sentences in (d); and rewrote (e).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.54. Appointment of attorneys.

(a) Attorneys employed by the Office of the Attorney General shall be hired by the Attorney General. Attorneys employed by subordinate agencies shall be hired by the subordinate agency heads after consultation with the Director of the Mayor’s Office of Legal Counsel. Attorneys employed by the Mayor’s Office of Legal Counsel shall be hired by the Director of the Mayor’s Office of Legal Counsel.

(b) Attorneys employed by an independent agency shall be hired by the head of the agency or the Senior Executive Attorney designee.

(Mar. 3, 1979, D.C. Law 2-139, § 854; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(c), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(d), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(d), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.54.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), added “or the Senior Executive Attorney designee”; and added subsec. (c).

D.C. Law 16-33 rewrote subsec. (a), which had read as follows: “(a) Attorneys employed by the Office of the Corporation Counsel, wherever located in the District government, shall be hired by the Corporation Counsel. Attorneys, including Senior Executive Attorneys, employed by any other subordinate agency shall be hired by the head of the agency with the approval of the Corporation Counsel.”

The 2013 amendment by D.C. Law 20-60 rewrote (a).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.55. Supervision of attorneys.

(a) Attorneys employed by the Office of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall act under the direction, supervision, and control of the Attorney General.

(a-1) Attorneys employed by subordinate agencies shall act under the direction, supervision, and control of the head of the subordinate agency.

(a-2) Attorneys employed by the Council:

(1) If employed in the office of a Councilmember, shall act under the direction, supervision, and control of the Councilmember;

(2) If employed in the office of a Committee of the Council, shall act under the direction, supervision, and control of the Chair of the Committee; and

(3) If employed in the office of a Council Officer, shall act under the direction, supervision, and control of the Council Officer.

(b) Attorneys employed by the Mayor’s Office of Legal Counsel shall be under the direction, supervision, and control of the Director of the Mayor’s Office of Legal Counsel.

(c) Attorneys employed by independent agencies shall act under the direction, supervision, and control of the respective agency heads.

(d) The Director of the Mayor’s Office of Legal Counsel may, with the consent of a subordinate agency director, assign an attorney employed by the Mayor’s Office of Legal Counsel to perform work primarily as or for the General Counsel of the affected subordinate agency, whether located at the agency or not, in the Director of the Mayor’s Office of Legal Counsel’s discretion.

(Mar. 3, 1979, D.C. Law 2-139, § 855; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(e), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(e), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(g), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.55.

Section References

This section is referenced in § 1-608.53, § 1-608.56, § 7-771.06, and § 7-1131.08.

Effect of Amendments

D.C. Law 16-33, rewrote subsec. (a), (b) and (d).

The 2013 amendment by D.C. Law 20-60 would have added (a-1); and would have rewritten (b) and (d).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.56. Disciplinary action for attorneys other than Senior Executive Attorneys.

(a) Notwithstanding subchapter XVI-A of this chapter [§ 1-616.51 et seq.], a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious.

(b) The disciplinary action provided for in subsection (a) of this section shall be taken by:

(1) The Attorney General when the attorney is employed by the Office of the Attorney General and performs work primarily for that Office, whether located in that Office or not;

(1A) The Director of the Mayor’s Office of Legal Counsel when the attorney is employed by the Mayor’s Office of Legal Counsel and performs work primarily for that office, whether located in that office or not;

(2) Repealed; or

(3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency, and by the subordinate agency head in consultation with the Director of the Mayor’s Office of Legal Counsel when the attorney is employed by a subordinate agency.

(c) Any disciplinary action taken pursuant to this section against an attorney employed by a subordinate agency or the Mayor’s Office of Legal Counsel may be appealed to the Mayor. Any such action taken against an attorney employed by the Office of the Attorney General may be appealed to the Attorney General. The Mayor’s and the Attorney General’s decisions regarding disciplinary actions shall be final.

(d) The disciplinary provisions of § 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.

(Mar. 3, 1979, D.C. Law 2-139, § 856; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(d), 47 DCR 520; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 7; Oct. 20, 2005, D.C. Law 16-33, § 3012(f), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 110(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(3), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(f), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.56.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Notwithstanding subchapter XVII-A,”.

Subsec. (110)(d)(1)(B) of D.C. Law 13-91 provided:

“(1) Subsection (a) is amended as follows:

“(B)(i) Strike the phrase ‘or reduction in grade,’ and insert the phrase ‘reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,’ in its place.

“(ii) The subparagraph shall apply upon the enactment of legislation by the United States Congress that states ‘Notwithstanding any other law, section 3(c)(1)(B)(i) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999, adopted by the Council of the District of Columbia is enacted into law’.”

Pub. L. 108-386, in subsec. (a), substituted “reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,” for “or reduction in grade,”.

D.C. Law 16-33 rewrote subsec. (b), which had read as follows: “(b) The disciplinary action provided for in subsection (a) of this section shall be taken by: (1) The Corporation Counsel when employed by the Office of the Corporation Counsel; (2) The Corporation Counsel, after consulting with the agency head, when the attorney is employed by a subordinate agency and there has been no delegation of authority over the attorney pursuant to § 1-608.55; or (3) The agency head or the Senior Exec Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Corporation Counsel has delegated authority over the attorney to the subordinate agency head pursuant to § 1-608.55.”

D.C. Law 16-91 added subsec. (d).

D.C. Law 16-191, in subsec. (b)(2), validated a previously made technical correction.

The 2013 amendment by D.C. Law 20-60 would have added (b)(1A); would have repealed (b)(2); and would have rewritten (b)(3) and (c).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provided: “The amendments made by this section shall take effect on the date of the enactment of this Act.”

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.57. Continuing legal education; management supervisory skills maintenance and enhancement; accountability standards and plans.

(a)(1) Attorneys in the Legal Service, other than attorneys employed by an independent agency or the Council, shall participate in an annual mandatory program of continuing legal education. The Attorney General shall establish a program for attorneys employed by the Office of the Attorney General, and the Director of the Mayor’s Office of Legal Counsel shall establish a program for attorneys employed by the subordinate agencies and the Mayor’s Office of Legal Counsel.

(2) Training programs offered by the Office of the Attorney General shall, to the extent practicable, be made available with no charge to attorneys employed by the subordinate agencies; likewise, training programs offered by the Mayor’s Office of Legal Counsel for attorneys employed by the subordinate agencies shall, to the extent practicable, be made available with no charge to attorneys in the Office of the Attorney General.

(3) Attorneys in the Legal Service who supervise one or more other attorneys as part of their normal duties shall maintain and enhance their management and supervisory skills through at least annual in-house or other training arranged or approved by their employing agency.

(b) The Attorney General and the Director of the Mayor’s Office of Legal Counsel shall each develop and establish performance management systems that include accountability standards and individual accountability plans for all attorneys, including Senior Executive Attorneys, in the Legal Service who are under their direction, supervision, or control. The performance management systems shall link pay to performance.

(c) The head of an independent agency that employs attorneys in the Legal Service shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys in the Legal Service who are under their direction and control. The head of an independent agency may utilize a system developed for use by the Attorney General or the Director of the Mayor’s Office of Legal Counsel for attorneys under the independent agency head’s direction or control. The performance management system shall link pay to performance.

(Mar. 3, 1979, D.C. Law 2-139, § 857; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(g), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(g), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(h), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.57.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(g) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.58. Pay parity for attorneys.

(a) Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be fixed in accordance with the following policy:

(1) The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive Service Salary Table for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications and experience; and

(2) The compensation of all other Legal Service Attorneys shall be competitive with that provided by the federal government General Schedule for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications, and experience.

(b) Pay shall be established by the Mayor and submitted by resolution to the Council pursuant to § 1-611.06.

(Mar. 3, 1979, D.C. Law 2-139, § 858; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-609.58.

Section References

This section is referenced in § 34-804.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

Resolutions

Resolution 15-793, the “Office of the Attorney General for the District of Columbia Legal Services Non-Collective Bargaining Unit Employees Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 15-795, the “Office of the Attorney General Legal Services Managers Compensation System Establishment Rulemaking and Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 16-319, the “Office of the Attorney General Legal Service Managers Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-320, the “Office of the Attorney General for the District of Columbia Legal Service Non-Collective Bargaining Employees Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

§ 1–608.59. Residency.

(a) The provisions of § 1-515.02 shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia.

(b) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, and in accordance with § 1-515.03, any attorney appointed to the Senior Executive Service Attorney Service and an attorney appointed to the Legal Service at the Council shall become a resident of the District within 180 days of the effective date of the appointment, and shall remain a District resident for the duration of the employment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.

(c) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Legal Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (b) of this section issued before May 23, 2019, for an individual appointed to a hard-to-fill position in the Senior Executive Service Attorney Service, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

(d) Verification and enforcement of District residency shall occur pursuant to § 1-515.04.

(Mar. 3, 1979, D.C. Law 2-139, § 859; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(e), 47 DCR 520; May 23, 2019, D.C. Law 22-315, § 3(f), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-609.59.

Section References

This section is referenced in § 2-1831.08.

Effect of Amendments

D.C. Law 13-91, in subsecs. (a) and (b), substituted “the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia” for “the Senior Executive Attorney Service”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

§ 1–608.60. Reporting.

No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of:

(1) The effect of any pay increase approved for attorneys in the Legal Service on the quality of applicants for positions in the Legal Service and the retention of highly qualified attorneys;

(2) The experience under the new standards for adverse and corrective actions;

(3) The programs established for legal and management training;

(4) The performance management system established, including the results obtained from linking the award of additional income allowances to performance; and

(5) Any other matters that the Corporation Counsel identifies as relevant.

§ 1–608.61. Rulemaking.

The Attorney General and the Director of the Mayor’s Office of Legal Counsel may each adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

(Mar. 3, 1979, D.C. Law 2-139, § 861; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(h), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(h), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.61.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 would have substituted “Attorney General and the Director of the Mayor’s Office of Legal Counsel may each” for “Attorney General may”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(h) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.62. Applicability.

The provisions of this subchapter shall apply on April 20, 1999, except as follows:

(1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classified as Educational Service employees.

(2) Repealed.

(3) Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Office of the Corporation Counsel as of the effective date of this subchapter. Effective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date.

(4) The provisions of § 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following:

“Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys first hired on or before December 31, 1979.”

(5) Effective October 1, 2014, any attorney who is employed by the Office of the Attorney General and performs work primarily as or for the General Counsel of a subordinate agency shall become an attorney employed by the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 862; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 26, 2001, D.C. Law 14-42, § 2(b), 48 DCR 7612; Oct. 20, 2005, D.C. Law 16-33, § 3012(i), 52 DCR 7503; Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(b); Dec. 13, 2013, D.C. Law 20-60, § 101(i), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(a), 1014(a)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-609.62.

Effect of Amendments

D.C. Law 14-42 validated a previously made technical change in par. (4).

D.C. Law 16-33 added par. (5).

Pub. L. 109-356 repealed par. (2) which had read as follows: “(2) The provisions of this subchapter shall apply to attorneys employed by the Office of the Chief Financial Officer when the District of Columbia is no longer in a control period, as defined in § 47-393(4).”

The 2013 amendment by D.C. Law 20-60 rewrote (5).

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in (5).

The 2015 amendment by D.C. Law 20-155, § 1014 substituted “October 1, 2014” for “October 1, 2018” in (5).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) amendment of section, see § 3012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) 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) amendment of this section, see §§ 1012(a) and 1014(a)(1) 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) amendment of this section, see §§ 1012(a), and 1014(a)(1) 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).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.63. Compensation for subordinate agency attorneys and support staff during transition.

Until the Legal Service budget for attorneys and support staff who perform work, primarily as or for the General Counsel of a subordinate agency is transferred to the budget of the subordinate agency involved, the Office of the Attorney General shall continue to be responsible for the compensation of these attorneys and support staff and for related non-personal services expenses. After the budget is transferred, the subordinate agency shall reimburse the Office of the Attorney General for any costs or expenses incurred between October 1, 2014, and the completion of the transfer from the Office of the Attorney General to the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 863; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(j), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(b), 1014(a)(2), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “Until the Legal Service budgets of the subordinate agencies are transferred to the budget of the Attorney General, the subordinate agencies that employed the attorneys who are transferred to the employment of the Office of the Attorney General pursuant to this chapter shall continue to be responsible for their compensation.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in the last sentence.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “October 1, 2014” for “October 1, 2018” in the last sentence.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.64. Transfers.

By October 5, 2014, the District of Columbia Department of Human Resources, in collaboration with the Office of the Attorney General, shall transfer to the subordinate agencies, all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who perform work primarily as or for the General Counsels of the subordinate agencies as of October 1, 2014.

(Mar. 3, 1979, D.C. Law 2-139, § 864; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(k), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(c), 1014(a)(3), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “By October 1, 2005, all subordinate agencies, other than the Office of the Attorney General, shall transfer to that Office all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who were employed by these agencies as of October 20, 2005.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” twice.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “2014” for “2018” twice.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.65. Budgeting.

(a) Repealed.

(b) Repealed.

(c) The Chief Financial Officer shall determine the exact budget amounts that are under the subordinate agencies’ management authority in accordance with this section.

(Mar. 3, 1979, D.C. Law 2-139, § 865; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(l), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 repealed (a) and (b); and substituted “subordinate agencies’ ” for “Attorney General’s” in (c).

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.66. Privilege.

Nothing in this chapter shall limit, waive, or abrogate the scope or nature of the attorney-client privilege, whether statutory or common law, with respect to communications between attorneys employed by the Office of the Attorney General and subordinate agency personnel, or legal advice given by Office of the Attorney General attorneys to subordinate agency personnel before the date of the appointment of these attorneys to positions in the subordinate agencies. This privilege shall continue to apply fully to all communications made and legal advice provided between subordinate agency personnel and attorneys employed by the subordinate agencies after attorneys are transferred to the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 866; as added Dec. 13, 2013, D.C. Law 20-60, § 101(m), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

Part B. Certificate of Good Standing Filing Requirement.

§ 1–608.81. Certificate of Good Standing filing requirement for Executive Branch attorneys.

(a)(1) Except as provided by the rules for temporary waiver of this requirement, each attorney, hearing officer, or administrative law judge who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Mayor, a subordinate agency under the Mayor, the Office of the Attorney General, the Office of the Chief Financial Officer, or by any independent agency, shall file with the Department of Human Resources a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals by December 15 of each year.

(2) The Director of Human Resources may verify the good standing of attorneys, hearing officers, and administrative law judges subject to this requirement by electronic means with the District of Columbia Bar.

(b) The Director of Human Resources shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys, hearing officers, and administrative law judges who have not met the filing requirements of subsection (a) of this section.

(1) The timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the agency; and

(3) The procedures by which attorneys, hearing officers, or administrative law judges shall be notified of the filing requirement established by subsection (a) of this section and whether they are in compliance with the requirement.

(d) The rules and regulations promulgated pursuant to subsection (c) of this section 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 proposed rules and regulations within the 45-day review period, the rules and regulations shall be deemed approved.

(e) The failure of an attorney, hearing officer, or administrative law judge subject to subsection (a) of this section to comply with its requirements shall result in the forfeiture of employment.

(f) This section shall not apply to an attorney employed by the Council.

(Mar. 3, 1979, D.C. Law 2-139, § 881; as added July 25, 2002, D.C. Law 14-182, § 2(c), 49 DCR 5129; Mar. 13, 2004, D.C. Law 15-105, § 32, 51 DCR 881; Mar. 13, 2015, D.C. Law 20-241, § 2, 62 DCR 1335; Apr. 1, 2017, D.C. Law 21-232, § 2(i), 64 DCR 876.)

Effect of Amendments

D.C. Law 15-105, in subsecs. (d) and (e), validated previously made technical corrections.

The 2015 amendment by D.C. Law 20-241, in (a), substituted “each attorney, hearing officer, or administrative law judge” for “each attorney employed at the level of DS-13 or above,” inserted “employed” preceding “by the Mayor,” and substituted “by December 15 of each year” for “on an annual basis.”

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see 1-1105.01.

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

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) amendment of this section, see § 2 of Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-371, Apr. 26, 2016, 63 DCR 6849).

For temporary (90 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2014 (D.C. Act 20-480, Nov. 10, 2014, 61 DCR 12131, 20 STAT 4404).

For temporary (90 days) amendment of this section, see § 2 of the Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2016 (D.C. Act 21-289, Jan. 27, 2016, 63 DCR 1202).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2014 (D.C. Law 20-175, March 7, 2015, 61 DCR 12713).

For temporary (225 days) amendment of section, see § 2 of the Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2016 D.C. Law 21-99, April 6, 2016, 63 DCR 2215, 20 DCSTAT 3138).

§ 1–608.82. Certificate of Good Standing filing requirement for Council attorneys.

(a) Except for temporary waiver of this requirement pursuant to procedures established by the Council, each attorney who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Council, shall file annually with the Secretary to the Council a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals.

(b) The Secretary to the Council shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys who have not met the filing requirements of subsection (a) of this section.

(1) Procedures addressing the timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the attorney who is employed by the Council; and

(3) The procedures by which an attorney who is employed by the Council shall be notified of the filing requirement established by subsection (a) of this section and whether he or she is in compliance with the requirement.

Subchapter IX. Excepted Service.

§ 1–609.01. Creation of the Excepted Service; qualifications; appointment; exclusivity of service.

The qualifications for each Excepted Service position shall be developed and issued by the appropriate personnel authority in consultation with the Mayor. Each employee appointed in the Excepted Service (except those included in § 1-609.08) must be well qualified for the position to which he or she is appointed. Each personnel authority may fill positions in the Excepted Service as provided in this subchapter. Excepted Service employees may be hired noncompetitively. Persons appointed to the Excepted Service are not in the Career, Educational, Executive, Management Supervisory or Legal Service.

(Mar. 3, 1979, D.C. Law 2-139, § 901, 25 DCR 5740; Apr. 20, 1999, D.C. Law 12-260, § 2(d), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(j), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(b), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-610.1.

1973 Ed., § 1-339.1.

Section References

This section is referenced in § 1-602.03, § 1-609.02, § 1-609.03, § 1-609.52, § 1-1161.01, § 6-623.02, and § 24-101a.

Effect of Amendments

D.C. Law 13-91, in the fifth sentence, inserted “Executive,”.

D.C. Law 19-115 substituted “must be well qualified” for “must meet the minimum standards prescribed”.

Cross References

Office of zoning, director serving as excepted service employee, see § 6-623.02.

Taxicab commission, membership, see § 50-305.

Emergency Legislation

For temporary amendment of section, see § 2(d) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

§ 1–609.02. Nature of positions in the Excepted Service and conversion rights.

(a) Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 shall be an individual:

(1) Whose primary duties are of a policy determining, confidential, or policy advocacy nature; and

(2) Who either reports directly to the head of an agency or is placed in the Executive Office of the Mayor or the Office of the City Administrator.

(b) No person holding an Excepted Service appointment pursuant to § 1-609.03 or § 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the period that begins 6 months before the Mayoral primary election and ends 3 months after the Mayoral general election; provided, that an Excepted Service appointee may compete for a position in the Career, Management Supervisory, or Educational Service during this time period; provided further, that, upon termination, a person with Career or Educational Service status may return, at the discretion of the terminating personnel authority, within 3 months of termination to a vacant position in such service for which he or she is qualified.

(c) All persons appointed to the Excepted Service shall be subject to a credit check and a criminal background check, pursuant to the procedures established in Chapter 15 of Title 4 [§ 4-1501.01 et seq.]. The suitability determination shall be made by the appointing personnel authority.

(d) The provisions of this section shall not apply to employees of the Council of the District of Columbia.

(Mar. 3, 1979, D.C. Law 2-139, § 902, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(i), 27 DCR 2632; June 10, 1998, D.C. Law 12-124, § 101(g), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(c), 59 DCR 461; Sept. 20, 2012, D.C. Law 19-168, § 1092(a), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-610.2.

1973 Ed., § 1-339.2.

Section References

This section is referenced in § 1-609.04.

Effect of Amendments

D.C. Law 19-115 rewrote the section, which formerly read:

“Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 is intended to be an individual whose primary duties are of a policy determining, confidential, or policy advocacy character and who reports directly to the head of an agency. No person holding an Excepted Service appointment pursuant to §§ 1-609.03 or 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the 6 month period immediately preceding a Mayoral election. However, upon termination, a person with Career or Educational Service status may retreat, at the discretion of the terminating personnel authority, within 3 months to a vacant position in such service for which he or she is qualified. The provisions of this section shall not apply to employees of the Council of the District of Columbia.”

The 2012 amendment by D.C. Law 19-168 added (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

§ 1–609.03. Number of Excepted Service employees; redelegation of authority to appoint; publication requirement.

(a) Under qualifications issued pursuant to § 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:

(1) The Mayor may appoint no more than 220 persons;

(2) The Members of the Council of the District of Columbia may appoint persons to their staffs, except those permanent technical and clerical employees appointed by the Secretary or General Counsel and those in the Legal Service;

(2A) The Attorney General may appoint no more than 30 persons;

(3) The Inspector General may appoint no more than 15 persons;

(4) The District of Columbia Auditor may appoint no more than 5 persons;

(5) The Chief of Police may appoint no more than 6 persons;

(6) The Chief of the Fire and Emergency Medical Services Department may appoint no more than 6 persons;

(7) The Board of Trustees of the University of the District of Columbia may appoint officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service; provided, that the total number of persons appointed by the University to the Excepted Service shall not exceed 20;

(8) The Criminal Justice Coordinating Council may appoint no more than 9 persons;

(9) The District of Columbia Sentencing Commission may appoint no more than 11 persons;

(10) The State Board of Education may appoint staff to serve an administrative role for the elected members of the Board; provided, that funding is available and that at least 3 full-time equivalent employees are appointed to the Office of Ombudsman for Public Education.

(11) Each other personnel authority not expressly designated in paragraphs (1) through (10) of this subsection may appoint 2 persons.

(b) The authority to appoint persons to the Excepted Service, which is vested in subsection (a) of this section, may be redelegated, in whole or in part.

(c) Within 45 days of actual appointment and within 45 days of any change in such appointment, the names, position titles, and agency placements of all persons appointed to Excepted Service positions under the authority of this section shall be:

(1) Published in the District of Columbia Register; and

(2) Posted online on a website accessible to the public.

(d) At the discretion of the personnel authority, an individual appointed to the Excepted Service at grade level DS-11 or above pursuant to this section:

(1) May be paid in accordance with the pay schedule for the Management Supervisory Service as provided in § 1-609.56; and

(2) May be placed in any step of the appropriate grade of that schedule.

(e) The personnel authority may authorize performance incentives for exceptional service for individuals appointed pursuant to this section not to exceed 10% of the rate of basic pay in any year. Such exceptional service incentives may be paid only when the Excepted Service employee is bound by a performance contract that clearly identifies measurable goals and outcomes and the employee has exceeded contractual expectations in the year for which the incentive is paid.

(f) An individual appointed to the Excepted Service pursuant to this section or § 1-609.08 may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual’s employment with the District government as follows:

Length of Employment	Maximum Severance
Up to 6 months	2 weeks of the employee’s basic pay
6 months to 1 year	4 weeks of the employee’s basic pay
1 to 3 years	8 weeks of the employee’s basic pay
More than 3 years	10 weeks of the employee’s basic pay.

(g)(1) Pursuant to regulations as the Mayor may prescribe, the following expenses may be paid to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position at a DS-11 or above:

(A) Reasonable pre-employment travel expenses;

(B) Reasonable relocation expenses for the Excepted Service selectee or appointee and his or her immediate family if they relocate to the District of Columbia from outside the Greater Washington Metropolitan Area; and

(C) A reasonable temporary housing allowance, for a period not to exceed 60 days, for the Excepted Service selectee or appointee and his or her immediate family.

(2) In no event shall the sum of pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10% of the appointee’s salary, whichever is less.

(h) Within 90 days of September 10, 1999, and notwithstanding any other law or regulation, the Mayor shall submit to the Council for approval under the provisions of § 1-611.06, regulations establishing the Metropolitan Police Department Excepted Service Sworn Employees” Compensation System. Such regulations shall establish policies and procedures governing the compensation, promotion, transfer, and demotion of Metropolitan Police Department excepted service sworn employees appointed pursuant to section § 1-609.03(a)(2).

(Mar. 3, 1979, D.C. Law 2-139, § 903, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(b), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(i), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(b), 34 DCR 670; Aug. 1, 1996, D.C. Law 11-152, § 302(h), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(h), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 302, 45 DCR 7193; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Mar. 7, 2000, D.C. Law 13-52, § 2, 46 DCR 9911; Oct. 19, 2000, D.C. Law 13-172, § 2402(a), 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, §§ 1002, 1507(a)(2), 3803(b), 48 DCR 6981; Sept. 30, 2004, D.C. Law 15-190, § 3(b), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, § 110(c), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(b), 53 DCR 4709; Mar. 20, 2008, D.C. Law 17-122, § 2(b), 55 DCR 1506; Mar. 14, 2012, D.C. Law 19-115, § 2(d), 59 DCR 461; Apr. 27, 2013, D.C. Law 19-284, § 2(b), 60 DCR 2312; Dec. 24, 2013, D.C. Law 20-61, §§ 1072(a), 4062, 60 DCR 12472; May 2, 2015, D.C. Law 20-267, § 2(b), 62 DCR 1543; Oct. 22, 2015, D.C. Law 21-36, §§ 1033(d), 3032, 62 DCR 10905; Apr. 21, 2023, D.C. Law 24-345, § 139, 70 DCR 7904; Sept. 6, 2023, D.C. Law 25-50, § 8002(h), 70 DCR 10366.)

Prior Codifications

1981 Ed., § 1-610.3.

1973 Ed., § 1-339.3.

Section References

This section is referenced in § 1-604.06, § 1-608.01a, § 1-609.02, § 1-609.58, § 1-611.11, and § 1-1161.01.

Effect of Amendments

D.C. Law 13-27 added subsec. (h).

D.C. Law 13-52, in subsec. (f), added “provided that, the individual has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay”.

D.C. Law 13-172, in subsec. (a), inserted par. (3A).

D.C. Law 14-28, in subsec. (a)(2), substituted a period for a semicolon at the end of the third sentence and inserted “In addition to the 220 Excepted Service positions, and notwithstanding any other law or regulation, the Chief of the Fire and Emergency Medical Services Department may designate up to 11 positions as Excepted Service policy positions, no more than 4 of which may be filled by sworn members;”; and added subsecs. (a)(6B) and (6C).

D.C. Law 15-190, in par. (6C) of subsec. (a), substituted “District of Columbia Sentencing Commission” for “Advisory Commission on Sentencing”.

D.C. Law 16-91, in subsec. (a)(3), substituted “General Counsel and those in the Legal Service” for “General Counsel”; and repealed subsec. (a)(6), which had read as follows: “(6) The District of Columbia General Hospital Commission may appoint 10 persons;”

D.C. Law 16-126, in subsec. (a)(6C), substituted “Sentencing and Criminal Code Revision Commission” for “Sentencing Commission”.

D.C. Law 17-122 rewrote subsec. (a)(4), which had read as follows: “(4) The District of Columbia Board of Education may appoint 25 persons;”

D.C. Law 19-115 rewrote subsecs. (a), (c), (f), and (g).

The 2013 amendment by D.C. Law 19-284 added (a)(10); redesignated former (a)(10) as (a)(11); and substituted “paragraphs (1) through (10)” for “paragraphs (1) through (9)” in (a)(11).

The 2013 amendment by D.C. Law 20-61, § 1072(a), deleted “no more than 2 of whom may be appointed or detailed to a single agency, other than the Executive Office of the Mayor or the Office of the City Administrator” following “persons” in (a)(1); and substituted “10 persons” for “6 persons” in (a)(9).

The 2013 amendment by D.C. Law 20-61, § 4062, rewrote (a)(10).

The 2015 amendment by D.C. Law 20-267 substituted “220 persons for “160 persons” in (a)(1).

The 2015 amendment by D.C. Law 21-36 added (a)(2A); and substituted “11 persons” for “10 persons” in (a)(9).

Cross References

D.C. Law 19-284 is published at 20 DCSTAT 927.

D.C. Law 20-61 is published at 20 DCSTAT 2229.

Applicability

Section 7097 of D.C. Law 25-50 amended section 301(a)(1) of D.C. Law 24-345 removing the applicability provision impacting this section. Therefore the amendment of this section by section 139 of Law 24-345 has been implemented.

Applicability of D.C. Law 24-345: § 301 of D.C. Law 24-345 provided that the change made to this section by § 139 of D.C. Law 24-345 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For the temporary repeal of the Excepted Services Designation Temporary Amendment Act of 1996 (D.C. Law 11-156, September 20, 1996), see § 3 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199).

For temporary amendment of section, see § 2 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199), and see § 2 of the Designation of Excepted Service Positions Emergency Amendment Act of 1998 (D.C. Act 12-348, May 6, 1998, 45 DCR 2999).

For temporary amendment of section, see § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12-381, June 22, 1998, 45 DCR 4474).

For temporary amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For the temporary repeal of § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (Enrolled Bill 12-653), see § 103 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 103 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of the Fire/EMS Excepted Service Designation Emergency Amendment Act of 2000 (D.C. Act 13-584, January 31, 2001, 48 DCR 1927).

For temporary (90 day) amendment of section, see §§ 902, 1407(a)(2), and 3403(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).

For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).

For temporary (90 day) amendment of section, see § 2(b) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment of section, see § 2 of Severance Pay Limitation Emergency Amendment Act of 2010 (D.C. Act 18-666, December 29, 2010, 58 DCR 93).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2(b) of the State Board of Education Personnel Authority Amendment of this section Emergency Act of 2013 (D.C. Act 20-46, March 27, 2013, 60 DCR 5453, 20 DCSTAT 545).

For temporary (90 days) amendment of this section, see §§ 1072(a) and 4062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 1072(a) and 4062 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see §§ 1033(d) and 3032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section and repeal of Law 11-156, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1996 (D.C. Law 11-263, April 25, 1997, law notification 44 DCR 2861).

For temporary (225 day) amendment of section, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1998 (D.C. Law 12-148, September 18, 1997, law notification 45 DCR 6945).

For temporary (225 day) amendment of section, see § 2 of Fire/EMS Excepted Service Designation Temporary Amendment Act of 2001 (D.C. Law 13-290, April 27, 2001, law notification 48 DCR 4071).

Short Title

Section 1071 of D.C. Law 20-61 provided that Subtitle H of Title I of the act may be cited as the “District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2013”.

Section 4061 of D.C. Law 20-61 provided that Subtitle F of Title IV of the act may be cited as the “State Board Personnel Amendment Act of 2013”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(h) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Applicability: Section 4 of D.C. Law 16-126 provided: “This act shall apply as of January 1, 2007.”

Section 4 of D.C. Law 19-115 provided: “Sec. 4. Applicability. Section 2(d) shall apply as of January 1, 2013.”

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 1–609.04. Special appointments.

Special noncompetitive appointments may be made to positions provided under the authority of this section. Such positions are covered by the provisions of § 1-609.02 relating to the Excepted Service positions. The nature of the appointment must be made known to the employee prior to effecting the appointment.

(1) Individuals appointed to positions created under public employment programs established by law.

(2) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, ex-offender or other disadvantaged groups.

(3) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970 (84 Stat. 1901, Pub. L. 91-648).

(4) Positions established under federal grant funded programs having a limited or indefinite duration, provided state merit requirements are not applicable; provided, however, that this paragraph shall not apply to any employees of the Board of Education or of the Trustees of the University of the District of Columbia.

(5) Positions established to employ professional, scientific, or technical experts or consultants.

(6) Positions established under cooperative educational and study programs.

(Mar. 3, 1979, D.C. Law 2-139, § 904, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(j), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(i), 43 DCR 2978; Apr. 24, 2007, D.C. Law 16-305, § 3(f), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-610.4.

1973 Ed., § 1-339.4.

Section References

This section is referenced in § 1-602.04, § 1-607.02, § 1-609.05, and § 1-636.02.

Effect of Amendments

D.C. Law 16-305, in par. (2), substituted “persons with disabilities” for “developmentally disabled or handicapped persons”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Delegation of Authority

Delegation of authority for Summer Youth Employment Program participants, see Mayor’s Order 83-131, May 24, 1983; Mayor’s Order 84-86, April 6, 1984.

§ 1–609.05. Lack of job protection; procedural protection.

Employees in the Excepted Service (other than those appointed under the authority of § 1-609.04) do not have any job tenure or protection. After 1 year of average or above average performance as determined under subchapter XIII-A of this chapter, persons appointed under the authority of this subchapter shall be entitled to a notice of at least 15 days when termination is contemplated, which may state the reason therefor. The employee does not have any right to appeal the termination. All other provisions of this chapter apply to Excepted Service employees: Except, that persons employed by the Council of the District of Columbia by personnel authorities identified in § 1-604.06(b)(3)(B) may have their employment relationship terminated by the member or chairperson of a committee of the Council of the District of Columbia employing them without further review by way of grievance or adverse action administrative appeals.

§ 1–609.06. Residency.

(a) An appointee to the Excepted Service shall become a resident of the District within 180 days after the effective date of the individual's appointment and shall remain a resident of the District during the period of appointment, pursuant to § 1-515.03. The failure to become a District resident or to maintain District residency shall result in the forfeiture of the position to which the person has been appointed.

(b) Residency shall be verified and enforced pursuant to § 1-515.04.

(d) Repealed.

(e) A person hired in the Excepted Service prior to March 16, 1989, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by this domicile requirement after March 16, 1989.

(f) Repealed.

(g) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Excepted Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (a) of this section issued before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

(h) Repealed.

(i)(1) The Office of the Inspector General shall meet the definitions of “hard to fill” position or “exceptional circumstances” to receive a waiver of the District of Columbia’s residency and domicile laws for new hires.

(2) For the purposes of this subsection, the term:

(A) “Hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

(B) “Exceptional circumstances” means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by the Inspector General when hiring an individual to fill a position in the Excepted or Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to this section and § 1-610.59.

(3) At the request of the Inspector General, the Mayor shall have the authority to grant the Office of the Inspector General waivers of the residency requirement for new positions or hires in the Office of the Inspector General when those positions or hires present exceptional circumstances or for appointees or hires in hard to fill positions.

(Mar. 3, 1979, D.C. Law 2-139, § 906, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(c), 36 DCR 450; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 27, 1997, 111 Stat. 14, Pub. L. 105-7, § 2; June 10, 1998, D.C. Law 12-124, § 101(i), 45 DCR 2464; July 24, 1998, D.C. Law 12-138, § 2(d), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 153; Apr. 12, 2000. D.C. Law 13-91, § 158(a), 47 DCR 520; Oct. 1, 2002, D.C. Law 14-185, § 2(b), 49 DCR 6073; Oct. 1, 2002, D.C. Law 14-190, § 4002, 49 DCR 6968; Oct. 19, 2002, D.C. Law 14-213, § 43, 49 DCR 8140; Mar. 25, 2009, D.C. Law 17-353, § 314, 56 DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(e), 59 DCR 461; May 23, 2019, D.C. Law 22-315, § 3(g), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-610.6.

1973 Ed., § 1-339.6.

Section References

This section is referenced in § 1-603.01, § 1-610.59, § 2-1831.08, and § 2-1831.12.

Effect of Amendments

Pub. L. 105-277, Div. A, § 101(c) § 153, Oct. 21, 1998, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had repealed subsec. (c) of this section.

D.C. Law 13-91, in subsec. (a), in the first sentence, substituted “subsection (c), subsection (d), or subsection (e) of this section” for “subsection (c) or subsection (d)”.

D.C. Law 14-185 rewrote the section.

D.C. Law 14-190 added subsec. (i).

D.C. Law 14-213, in subsec. (c)(2), substituted “Office of Personnel or other appropriate personnel authority” for “Office of Personnel, or its designee”; in subsec. (g)(2), substituted “The Mayor shall transmit” for “The Office of Personnel shall transmit”.

D.C. Law 17-353, in subsec. (f), inserted “prior to March 25, 2009” in the first sentence.

D.C. Law 19-115 repealed subsec. (f), which formerly read:

“(f) Subsections (a) through (e) of this section shall not apply to any person applying for, or accepting, a position in the Excepted Service as an attorney prior to March 25, 2009. The person shall be covered by the provisions of § 1-608.01(e).”

Applicability

Section 4 of D.C. Law 24-15 provided subsection (a) of 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 4 of D.C. Act 24-102 provided subsection (a) of 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 4 of D.C. Act 24-77 provided subsection (a) of 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.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3902 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

District of Columbia Inspector General Improvement Act of 1997: Section 1 of Pub. L. 105-7, 111 Stat. 14, provided that the act may be cited as the “District of Columbia Inspector General Improvement Act of 1997.”

Short title of title XL of Law 14-190: Section 4001 of D.C. Law 14-190 provided that title XL of the act may be cited as the Office of Inspector General Domiciliary Amendment Act of 2002.

References in Text

Section 2(b) of D.C. Law 14-185, referred to in subsec. (h), is the Excepted and Executive Service Domicile Requirement Amendment Act of 2002, effective October 1, 2002 ( 49 DCR 6073).

Effective Dates

Repeal of Law

Repeal of Law 12-138

Section 153 of Pub. L. 105-277 repealed D.C. Law 12-138.

§ 1–609.07. Transitional provisions.

Persons holding nontemporary appointments in the District of Columbia government, paid from appropriations made to the Office of the Mayor, may, on January 2, 1979, be reassigned to other offices or agencies of the District government. Persons holding appointments in the District of Columbia government, paid from appropriations made to the Council of the District of Columbia and classified as a GS-10 or less under § 5332 of Title 5 of the United States Code and whose position would not be in the Excepted Service under the provisions of this subchapter on January 1, 1980, shall be appointed to the Career Service created in subchapter VIII of this chapter, if such incumbent is found to possess the minimal qualifications for the position to which he or she is appointed.

§ 1–609.08. Statutory officeholders.

The following employees of the District shall be deemed to be in the Excepted Service. Their terms of office shall be at the pleasure of the appointing authority, or as provided by statute for a term of years, subject to removal for cause as may be provided in their appointing statute:

(1) City Administrator;

(2) Repealed;

(3) The Director of the Campaign Finance Board;

(4) Repealed;

(5) Auditor of the District of Columbia;

(6) The Chairman and members of the Public Service Commission;

(7) The Chairman and members of the Board of Parole;

(8) Executive Director of the Public Employee Relations Board;

(9) Secretary to the Council;

(10) Repealed;

(11) Repealed;

(12) Executive Director of the Office of Employee Appeals;

(13) Repealed.

(14) Budget Director to the Council;

(15) The Chief Administrative Law Judge and the Administrative Law Judges of the Office of Administrative Hearings;

(16) The Chief Tenant Advocate of the Office of the Tenant Advocate;

(17) The Real Property Tax Ombudsman of the Office of the Real Property Tax Ombudsman;

(18) The Chairperson and members of the Rental Housing Commission; and

[(19)] Director of the Students in the Care of D.C. Coordinating Committee.

(20) Not Funded.

(Mar. 3, 1979, D.C. Law 2-139, § 908, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(c), 30 DCR 3341; Feb. 28, 1987, D.C. Law 6-205, § 2(c), 34 DCR 670; May 15, 1990, D.C. Law 8-127, § 2(f), 37 DCR 2093; June 10, 1998, D.C. Law 12-124,§ 101(j), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(e), 46 DCR 1318; Apr. 12, 2000, D.C. Law 13-91, § 103(l), 47 DCR 520; Mar. 6, 2002, D.C. Law 14-76, § 23(a), 48 DCR 11442; Oct. 20, 2005, D.C. Law 16-33, § 2069, 52 DCR 7503; Dec. 4, 2014, D.C. Law 20-141, § 201, 61 DCR 7763; Feb. 26, 2015, D.C. Law 20-155, §§ 7103(a), 7104, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 7074(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 1023, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1082(d), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-200, § 3(c), 65 DCR 12066; Mar. 13, 2019, D.C. Law 22-250, § 4(c), 66 DCR 985; Apr. 11, 2019, D.C. Law 22-303, § 8(b), 66 DCR 2037; July 12, 2022, D.C. Law 24-147, § 168, 69 DCR 003386; Apr. 21, 2023, D.C. Law 24-348, § 4(b), 70 DCR 937.)

Prior Codifications

1981 Ed., § 1-610.8.

1973 Ed., § 1-339.8.

Section References

This section is referenced in § 1-609.01, § 1-609.02, § 1-609.03, § 1-1161.01, § 2-1831.04, § 2-1831.08, § 2-1831.12, § 3-1303, and § 42-3531.06.

Effect of Amendments

D.C. Law 13-91 repealed pars. (4) and (10), which read:

“(4) People’s Counsel of the District of Columbia;”

“(10) General Counsel to the Council;”; and in par. (13), added “and”.

D.C. Law 14-76 added par. (15).

D.C. Law 16-33, in subsec. (a), substituted a semicolon for “; and” at the end of the paragraph; in subsec. (b), substituted “; and” for period at the end of the paragraph; and added subsec. (c).

The 2014 amendment by D.C. Law 20-141, repealed before its effective date, would have added (18) and made related changes.

The 2015 amendment by D.C. Law 20-155 repealed D.C. Law 20-141; and added (17) and made related changes.

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see § 1-1105.01.

Lottery and charitable games control board, Executive Director and Deputy Director, see § 3-1303.

Applicability

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 4(b) of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-303: § 7176 of D.C. Law 23-16 repealed § 9 of D.C. Law 22-303. Therefore the amendment of this section by D.C. Law 22-303 has been implemented.

Applicability of D.C. Law 22-303: § 9 of D.C. Law 22-303 provided that the change made to this section by § 8(b) of D.C. Law 22-303 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(c) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-303, see § 7176 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-303, see § 7176 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 1082(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 2(e) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2069 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see § 7113(a) 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) amendment of this section, see § 7103(a) 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) amendment of this section, see § 7103(a) 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).

Editor's Notes

D.C. Law 20-141 became effective on Dec. 4, 2014, but was repealed prior to its effective date by emergency D.C. Act 20-377, § 7114, eff. July 14, 2014, 61 DCR 7598, by emergency D.C. Act 20-449, § 7104, eff. October 10, 2014, 61 DCR 10915, by emergency D.C. Act 20-566, § 7104, eff. January 9, 2015, 62 DCR 884, and by D.C. Law 20-155, § 7104, 61 DCR 9990.

§ 1–609.09. Appointment of attorneys. [Repealed]

Repealed.

Subchapter IX-A. Management Supervisory Service.

§ 1–609.51. Establishment.

There is established within the District government the Management Supervisory Service to ensure that each agency has the highest quality managers and supervisors who are responsive to the needs of the government. Persons appointed to the Management Supervisory Service are not in the Career, Educational, Excepted, Executive, or Legal Service.

(Mar. 3, 1979, D.C. Law 2-139, § 951; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(g), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-610.51.

Emergency Legislation

For temporary amendment of section, see § 2(g) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).

§ 1–609.52. Composition.

(a) Each individual (except for employees appointed pursuant to §§ 1-609.01 to 1-609.08 or subchapters VIII-A, VIII-B, or X-A of this chapter, employees of the Board of Education, employees of the Board of Trustees of the University of the District of Columbia, and uniformed members of the Metropolitan Police Department or the D.C. Fire and Emergency Medical Services Department) who meets the definition of “management employee” pursuant to § 1-614.11(5) shall be in the Management Supervisory Service.

(b) Consistent with the provisions of subchapter XVII of this chapter, any individual occupying a position included in a recognized collective bargaining unit shall not be included in the Management Supervisory Service.

(Mar. 3, 1979, D.C. Law 2-139, § 952; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(h), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 108(a), 47 DCR 520; June 24, 2000, D.C. Law 13-132, § 2(a), 47 DCR 2694.)

Prior Codifications

1981 Ed., § 1-610.52.

Effect of Amendments

D.C. Law 13-91 substituted “XI-A of this chapter” for “XI of this chapter”.

D.C. Law 13-132 designated the existing text as subsec. (a), and added subsec. (b).

Emergency Legislation

For temporary amendment of section, see § 2(h) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).

For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.

§ 1–609.53. Competitive appointments.

Appointments by the personnel authority shall be made on the basis of merit from among the highest qualified applicants, based on specific job requirements. Examining procedures shall be designed to achieve the maximum objectivity, reliability, and validity.

§ 1–609.54. Employment-at-will.

(a) An appointment to a position in the Management Supervisory Service shall be an at-will appointment. Management Supervisory Service employees shall be given a 15-day notice prior to termination. Upon termination, a person with Career or Educational Service status, or with Excepted Service status due to appointment as an attorney pursuant to § 1-609.09, may retreat, at the discretion of the personnel authority, within 3 months of the effective date of the termination, to a vacant position within the agency to which he or she was promoted for which he or she is qualified.

(b) An individual appointed to the Management Supervisory Service pursuant to this section may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual’s employment with the District government as follows:

Length of Employment	Maximum Severance
Up to 6 months	2 weeks of the employee’s basic pay
6 months to 1 year	4 weeks of the employee’s basic pay
1 to 3 years	8 weeks of the employee’s basic pay
More than 3 years	10 weeks of the employee’s basic pay.

§ 1–609.55. Management Supervisory Service skills maintenance and enhancement.

Management Supervisory Service employees shall be required to maintain and enhance their management and supervisory skills.

§ 1–609.56. Pay for Management Supervisory Service.

A pay schedule shall be developed by the Mayor following a classification and compensation study for the Management Supervisory Service.

(Mar. 3, 1979, D.C. Law 2-139, § 956; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-610.56.

Section References

This section is referenced in § 1-609.03.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.

§ 1–609.57. Residency preference.

(a) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, and in accordance with § 1-515.02, an applicant for District government employment in the Management Supervisory Service 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 applicant claims the preference. This preference shall be in addition to, and not instead of, qualifications established for the position.

(b) Failure to maintain District residency for a period of 7 consecutive years from the individual's effective date of hire into the position for which the individual claimed the residency preference shall result in forfeiture of employment.

(d) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Management Supervisory Service shall be governed by § 1-515.05.

§ 1–609.58. Transition provisions.

(a) Persons currently holding appointments to positions in the Career Service who meet the definition of “management employee” as defined in § 1-614.11(5) shall be appointed to the Management Supervisory Service unless the employee declines the appointment. Persons declining appointment shall have priority for appointment to the Career Service if a vacant position for which they qualify is available within the agency and is acceptable to the employee. If no such vacant position is available, a 30-day separation notice shall be issued to the employee, who shall be entitled to severance pay in the manner provided by § 1-624.09.

(b) A person currently holding an appointment to a position in the Excepted Service pursuant to § 1-609.03(a) who meets the definition of “management employee” as defined in § 1-614.11(5) may, at the discretion of the personnel authority, be appointed noncompetitively to the Management Supervisory Service unless the employee declines the appointment. A person declining appointment shall be entitled to a written 15-day separation notice and shall be paid separation pay in accordance with section § 1-609.03(f).

(Mar. 3, 1979, D.C. Law 2-139, § 958; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; June 24, 2000, D.C. Law 13-132, § 2(b), 47 DCR 2694.)

Prior Codifications

1981 Ed., § 1-610.58.

Effect of Amendments

D.C. Law 13-132 designated the existing text as subsec. (a); in subsec. (a) as so designated, in the last sentence, added “, who shall be entitled to severance pay in the manner provided by section 2407”; and added subsec. (b).

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).

For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).

Editor's Notes

Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.

Subchapter X. Executive Service.

§ 1–610.01. Creation of Executive Service. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1001, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(d), 36 DCR 450; Apr. 12, 1997, D.C. Law 11-259, § 304(b), 44 DCR 1423; June 10, 1998, D.C. Law 12-124, § 101(l), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 158(b), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-611.1.

1973 Ed., § 1-340.1.

Cross References

Procurement, criteria for Council review of multiyear contracts and contracts in excess of $1 million, see § 2-301.05a.

Editor's Notes

Applicability of § 101(l) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–610.02. Incumbents. [Repealed]

Repealed.

Subchapter X-A. Executive Service.

§ 1–610.51. Policy; scope.

(a) An Executive Service is established to ensure that the executive management of the District of Columbia government is responsive to the needs of the citizens and the goals of the government. Persons serving in the Executive Service shall assist the Mayor in advancing program responsibilities of the District government.

(b) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service pursuant to § 1-523.01. Individuals appointed to the Executive Service, other than the Chief Procurement Officer, shall serve at the pleasure of the Mayor.

(c) The compensation and benefits system for the Executive Service is designed to attract and retain the highest caliber public administrators, who shall be accountable for the effective and efficient management of subordinate agencies.

(d) Except as otherwise provided by law, the provisions of this subchapter shall apply to persons appointed by the Mayor to serve as Chief of Police and Fire Chief.

(Mar. 3, 1979, D.C. Law 2-139, § 1051; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 13, 2008, D.C. Law 17-154, § 2, 55 DCR 3678.)

Prior Codifications

1981 Ed., § 1-611.51.

Section References

This section is referenced in § 1-523.01, § 2-1383, § 2-1431.03, § 5-105.01, § 5-402, § 5-1402, § 5-1501.03, § 7-761.06, and § 34-801.

Effect of Amendments

D.C. Law 17-154, in the section name line, inserted “; policy”; and added subsec. (d).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Temporary Amendment Act of 2016 (D.C. Law 21-122, June 17, 2016, 63 DCR 6864).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.4(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.1 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).

§ 1–610.52. Executive Service pay schedule.

(a) The Executive Schedule (“DX Schedule”), shall be divided into 5 pay levels and shall be the basic pay schedule for subordinate agency head positions.

(b)(1) The Mayor shall designate the appropriate pay level within the range of the DX Schedule for each subordinate agency head position.

(2) Notwithstanding paragraph (1) of this subsection, the Council approves the following compensation levels and terms of employment:

(A)(i) Lewis Ferebee shall be compensated $280,000 annually, effective January 21, 2019, while serving in the capacity of the Chancellor of the District of Columbia Public Schools.

(ii) Notwithstanding any other provision of law, the Chancellor may be paid a performance bonus of up to 10% of his annual base salary for goal achievements in each school year.

(iii) In addition to such other benefits as the Chancellor may be entitled to receive under existing law or regulation, and notwithstanding § 1-610.58, the Mayor may make a separation payment to the Chancellor of up to 26 weeks of the Chancellor's base salary if the Chancellor's contract is terminated, unless the termination is for cause.

(iv) The restrictions and reporting requirements specified in § 50-204(b), shall not apply to the Chancellor.

(B) $197,245 for Tanya A. Royster, MD, as Director of the Department of Behavioral Health, effective August 3, 2015;

(D) Repealed.

(2A) Repealed.

(2B) For the purposes of paragraph (2)(A) of this subsection, the term "cause" means:

(A) Being indicted for or convicted of any criminal offense;

(B) Committing on-duty conduct that is reasonably known to be a violation of law or regulation;

(D) Committing an act that would warrant removal pursuant to Chapter 16 of Title 6B of the District of Columbia Municipal Regulations (6B DCMR § 1600 et seq.).

(3)(A) Repealed.

(B) Repealed.

(4) The existing levels of compensation for officeholders provided in this subsection shall not be the basis of determining the salary of future officeholders in the same position, who shall be subject to compensation within the limits of the DX schedule, except as provided in this chapter.

(b-1) Repealed.

(c) Each level shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.

(d) Any subsequent changes to the salary ranges established pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.

(e) Initial salary ranges and any subsequent changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register for notice purposes within 45 days of their approval.

(Mar. 3, 1979, D.C. Law 2-139, § 1052; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Feb. 24, 2012, D.C. Law 19-83, § 2(a), 58 DCR 11024; June 19, 2013, D.C. Law 19-320, § 501, 60 DCR 3390; Dec. 24, 2013, D.C. Law 20-61, § 1072(b), 60 DCR 12472; Oct. 22, 2015, D.C. Law 21-36, § 4042, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3022(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 1002, 64 DCR 7652; Apr. 11, 2019, D.C. Law 22-290, § 501, 66 DCR 1668; Sept. 11, 2019, D.C. Law 23-16, § 4052, 66 DCR 8621.)

Prior Codifications

1981 Ed., § 1-611.52.

Section References

This section is referenced in § 1-301.85, § 5-105.01, § 5-402, § 5-541.01, and § 5-544.01.

Effect of Amendments

D.C. Law 19-83 rewrote subsec. (b), which had read as follows: “(b) The Mayor shall designate the appropriate level for each subordinate agency head position.”

The 2013 amendment by D.C. Law 19-320 substituted “paragraphs (2) and (2A)” for “paragraph (2)” throughout (b); added (b)(2A); and added “or in the position of Director of the Department of Forensic Sciences, who takes office after June 19, 2013” in (b)(4).

The 2013 amendment by D.C. Law 20-61 added (b-1).

The 2015 amendment by D.C. Law 21-36 substituted “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 284,000)” for “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 275,000)” in (b)(2).

Cross References

D.C. Law 19-320 is published at 20 DCSTAT 1210.

D.C. Law 20-61 is published at 20 DCSTAT 2229.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Emergency Amendment Act of 2016 (D.C. Act 21-637, Jan. 24, 2017, 64 DCR 923).

For temporary (90 days) amendment of this section, see § 2 of Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-368, Apr. 27, 2016, 63 DCR 6844).

For temporary (90 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-365, Apr. 26, 2016, 63 DCR 6838).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Emergency Amendment Act of 2007 (D.C. Act 17-83, July 25, 2007, 54 DCR 8003).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-155, October 18, 2007, 54 DCR 10915).

For temporary (90 day) amendment of section, see § 2 of Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Emergency Amendment Act of 2008 (D.C. Act 17-424, July 16, 2008, 55 DCR 8242).

For temporary (90 day) addition of sections, see §§ 2, 3 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary (90 day) amendment of section, see § 4 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary amendment of (b), see § 501 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 501 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Emergency Amendment Act of 2015 (D.C. Act 21-27, Mar. 30, 2015, 62 DCR 4527, 21 DCSTAT 862).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-81, June 17, 2015, 62 DCR 8827, 21 DCSTAT 1474).

For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Emergency Amendment Act of 2016 (D.C. Act 21-313, Feb. 18, 2016, 63 DCR 2197).

For temporary (90 days) amendment of this section, see § 2 of the Director of the Homeland Security and Emergency Management Agency Salary Approval Emergency Amendment Act of 2016 (D.C. Act 21-353, Mar. 23, 2016, 63 DCR 4641).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017 (D.C. Law 21-246, Apr. 7, 2017, 64 DCR 1620).

For temporary (225 Days) amendment of section, see § 2 of the Executive Service Compensation System Change and Pay Schedule Temporary Amendment Act of 2007 D.C. Law 17-56, November 24, 2007, 54 DCR 10034.

For temporary (225 days) amendment of section, see § 2 of the Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Temporary Amendment Act of 2008 D.C. Law 17-238, October 21, 2008, 55 DCR 9026.

For temporary (225 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Temporary Amendment Act of 2015 ( D.C. Law 21-4, June 4, 2015, 62 DCR 4558).

For temporary (225 days) amendment of section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Temporary Amendment Act of 2016 D.C. Law 21-102, April 20, 2016, 63 DCR 3652, 20 DCSTAT 3145).

Short Title

Section 1071 of D.C. Law 20-61 provided that Subtitle H of Title I of the act may be cited as the “District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2013”.

Editor's Notes

Section 1004 of D.C. Law 22-33, provided that with respect to the employees identified in § 1-610.52(b)(2)(B), the amendments made by section 1002(c)(1) of D.C. Law 22-33shall apply as of July 20, 2016.

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Resolutions

Resolution 16-220, the “Executive Service Schedule Approval Resolution of 2005”, was approved effective July 6, 2005.

§ 1–610.52a. Public Safety Executive Service pay schedule.

(a) The Executive Service Public Safety Schedule (“DX Public Safety Schedule”) shall be divided into 4 pay levels and shall be the basic pay schedule for subordinate agency heads within the public safety cluster .

(b)(1) The Mayor shall designate the appropriate pay level for each subordinate agency head within the public safety cluster based on market analyses considering the qualifications and work experience of each individual appointee, and other relevant criteria; provided, that each subordinate agency head within the public safety cluster shall be subject to compensation within the limits of the DX Public Safety Schedule unless otherwise authorized by an act of the Council.

(2) Notwithstanding paragraph (1) of this subsection, the Council approves a compensation level of $253,817 for Cathy Lanier, as Chief of the Metropolitan Police Department.

(3) The existing level of compensation for the position in paragraph (2) of this subsection shall not be used as the basis for determining the salary of an officeholder in the position of Chief of the Metropolitan Police Department, who takes office after February 24, 2012. The Chief of the Metropolitan Police Department shall be subject to compensation within the limits of the DX Public Safety Schedule, except as provided by this chapter.

(4)(A) Notwithstanding paragraph (1) of this subsection, the Council approves a compensation level of:

(i) $215,035 for Chris T. Geldart, as Director of the Homeland Security and Emergency Management Agency, retroactive to May 4, 2015; and

(ii) $203,425 for Gregory M. Dean, as Chief of the Fire and Emergency Medical Services Department, retroactive to May 4, 2015.

(B) The level of compensation for the positions as approved in subparagraph (A) of this paragraph shall not be used as the basis for determining the salary of an officeholder in the position of Director of the Homeland Security and Emergency Management Agency or the position of Chief of the Fire and Emergency Medical Services Department.

(d) Each level within the schedule shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.

(e) Any changes to the salary ranges established pursuant to subsection (d) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.

(f) Initial salary ranges and any changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register no later than 45 days after their approval.

(g) For the purposes of this section, the term “public safety cluster” means the following District agencies or any successor agencies:

(1) Department of Forensic Sciences;

(2) Office of the Chief Medical Examiner;

(3) Department of Fire and Emergency Medical Services;

(4) Department of Youth Rehabilitation Services;

(5) Metropolitan Police Department;

(6) Department of Corrections;

(7) Office of Unified Communications; and

(8) Homeland Security and Emergency Management Agency.

(Mar. 3, 1979, D.C. Law 2-139, § 1052a; as added May 2, 2015, D.C. Law 20-267, § 2(c), 62 DCR 1543; Oct. 8, 2016, D.C. Law 21-160, § 3022(b), 63 DCR 10775; Apr. 21, 2023, D.C. Law 24-348, § 4(c), 70 DCR 937.)

Applicability

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 4(c) of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 3 of D.C. Law 20-267 provided that, pursuant to this section, the Council approved proposed initial salary ranges established by the Mayor as the DX Public Safety Schedule for fiscal years 2015 through 2017, and provided the ranges in a table.

§ 1–610.53. Executive Service pay plan.

(a) A person appointed to a position in the Executive Service shall be appointed at the level on the DX Schedule or DX Public Safety Schedule designated for the subordinate agency to which he or she is appointed, and shall receive a salary set at any amount within the salary range for that level that the Mayor determines to be appropriate.

(b) The salary of any person holding an appointment to a position in the Executive Service may, at any time, be increased or decreased by the Mayor, at his or her sole discretion, to any other salary within the salary range for the level occupied.

(c) The salary of an employee in the Executive Service who is temporarily assigned to a position at a higher or lower level on the DX Schedule or DX Public Safety Schedule shall be set, at the discretion of the Mayor, at any rate within the salary range of the level to which the employee is temporarily assigned or the salary range of the level of the position from which officially appointed.

(d) A person paid from the DX Schedule shall not be entitled to premium pay.

§ 1–610.54. Incumbents.

A person holding an appointment to a position in the Executive Service on October 21, 1998 shall continue to be paid at his or her existing rate of pay until the Mayor effects a personnel action establishing a new salary within the designated range for the level of the position to which the person is appointed.

§ 1–610.55. Reasonable pre-employment travel and relocation expenses and temporary housing allowance.

Pursuant to regulations the Mayor may prescribe, the following expenses may be paid in connection with Executive Service employment:

(1) Reasonable pre-employment travel expenses for an individual being interviewed for a subordinate agency head position;

(2) Reasonable relocation expenses for an Executive Service selectee or appointee and his or her immediate family if they are relocating to the District of Columbia from outside the Greater Washington Metropolitan Area; and

(3) A reasonable temporary housing allowance, for a period not to exceed 60 days, for an Executive Service selectee or appointee and his or her immediate family.

§ 1–610.56. Additional income allowance. [Repealed]

Repealed.

§ 1–610.57. Performance incentives.

The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only if:

(1) The agency head is bound by a performance contract, available to the public upon request, that clearly identifies measurable goals and outcomes; and

(2) The agency head has exceeded contractual expectations in the year for which the incentive is paid.

(Mar. 3, 1979, D.C. Law 2-139, § 1057; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Oct. 1, 2002, D.C. Law 14-190, § 2802, 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-611.57.

Effect of Amendments

D.C. Law 14-190 rewrote the section which had read as follows: “The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only when the agency head is bound by a performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is paid.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

Short title of title XXVIII of Law 14-190: Section 2801 of D.C. Law 14-190 provided that title XXVIII of the act may be cited as the Executive Compensation and Fiscal Responsibility Amendment Act of 2002.

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

§ 1–610.58. Separation pay.

(a) A subordinate agency head may be paid separation pay of up to 12 weeks of his or her basic pay upon separation from the government at the discretion of the Mayor; provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay.

(b)(1) Notwithstanding subsection (a) of this section and except as provided in paragraph (2) of this subsection, Charles H. Ramsey, Chief of Police, shall be paid separation pay equivalent to up to 6 months of his basic pay upon involuntary separation from the District government by the Mayor if the involuntary separation is without cause.

(2) If Chief Ramsey is involuntarily separated without cause at any time during the last 6 months of his term, as that term is set forth in § 5-105.01(c), he shall be entitled to separation pay equal to the actual number of days remaining in his term.

(c)(1) Notwithstanding subsection (a) of this section, Cathy L. Lanier, Chief of Police, shall be paid separation pay in a lump sum equivalent to 4 months of her basic pay upon involuntary separation from the District government if the separation is without “material failure,” or for a “good reason,” as those terms are described in an employment agreement between the District of Columbia and Cathy L. Lanier, Chief of Police, dated May 8, 2012.

(2) If Chief Lanier is involuntarily separated without material failure or for a good reason, Chief Lanier and her eligible dependents shall be entitled to continue to participate in the District of Columbia’s health and welfare insurance plans, in which Chief Lanier participated immediately before the date of termination and at the same contribution rates as active employees:

(A) For the 6-month period following the date of termination, or the balance of her term if less than 6 months remain; or

(B) Until she obtains employment with comparable benefits, whichever occurs first.

(Mar. 3, 1979, D.C. Law 2-139, § 1058; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 7, 2000, D.C. Law 13-52, § 3, 46 DCR 9911; Mar. 2, 2007, D.C. Law 16-199, § 2, 53 DCR 8832; Dec. 21, 2012, D.C. Law 19-205, § 3, 59 DCR 12472.)

Prior Codifications

1981 Ed., § 1-611.58.

Effect of Amendments

D.C. Law 13-52 added “provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay”.

D.C. Law 16-199 designated the existing text as subsec. (a); and added subsec. (b).

The 2012 amendment by D.C. Law 19-205 added (c).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

§ 1–610.59. District of Columbia residency.

(a) An appointee to the Executive Service shall become a resident of the District of Columbia within 180 days after the effective date of the person's appointment and shall remain a resident of the District of Columbia during the period of the appointment.

(b) An appointee's failure to become a District of Columbia resident or to maintain residency shall result in the forfeiture of the position to which the person has been appointed.

(d) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Executive Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (a) of this section issued before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

(Mar. 3, 1979, D.C. Law 2-139, § 1059; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Apr. 13, 1999, D.C. Law 12-220, § 2, 46 DCR 481; April 12, 2000, D.C. Law 13-84, § 2, 47 DCR 0455; Oct. 1, 2002, D.C. Law 14-185, § 2(c), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(d), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 19(b), 51 DCR 881; Feb. 6, 2008, D.C. Law 17-108, § 203(f), 54 DCR 10993; May 23, 2019, D.C. Law 22-315, § 3(i), 66 DCR 1983; July 12, 2022, D.C. Law 24-147, § 102(a), 69 DCR 003386.)

Prior Codifications

1981 Ed., § 1-611.59.

Section References

This section is referenced in § 1-523.01, § 1-603.01, and § 1-609.06.

Effect of Amendments

D.C. Law 13-84 added subsec. (c).

D.C. Law 14-185, in the section heading, substituted “District of Columbia domicile” for “District residency”; and rewrote subsec. (a).

D.C. Law 14-213 repealed subsec. (c) which had read as follows: “(c) The provisions of subsection (a) of this section may be waived for Elliott B. Branch, confirmed as Chief Procurement Officer for a 5-year term beginning November 2, 1999.”

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 17-108 repealed subsec. (b), which had read as follows: “(b) The provisions of subsection (a) of this section may be waived for an individual appointed as Chief Technology Officer.”

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

§ 1–610.60. Subsequent appointments.

No person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one year immediately following his or her separation from the Executive Service, except that, upon termination, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor, within 3 months to a vacant position in the service for which he or she is qualified.

§ 1–610.61. Universal leave.

(a) The Executive Service employees’ leave system shall provide the following:

(1) No employee shall earn annual or sick leave.

(2) Each employee shall have a universal leave account.

(3) Each employee’s universal leave account shall be credited with 208 hours on the first pay period of the leave year, or on a pro-rata basis for appointments after the first pay period of the leave year.

(4) No employee shall be charged for leave for any absence which is less than 2 hours.

(5) An employee may carry over, for use in succeeding years, not more than 40 hours of unused universal leave.

(6) Each employee in the Executive Service on the last day of the last pay period of the leave year shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before the transition.

(7) Each employee appointed without a break in service to a position in the Executive Service from another position in the District government, on or after the first day of the first pay period after enactment of this section shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before his or her appointment in the Executive Service.

(8) Upon separation from his or her position in the Executive Service, any annual leave remaining in the escrow account and any universal leave to his or her credit (less a pro-rated amount representing the portion of the leave that would be creditable for the remainder of the year) will be paid at the employee’s rate of pay at the time of separation.

(9) Sick leave previously accrued under a different leave system shall be held in an escrow account and may be used at the discretion of the employee until exhausted.

(10) The Mayor may establish a disability income protection program for Executive Service employees to include short and long-term disability insurance which shall provide coverage for non-job related illness or injury.

(b) Notwithstanding subsection (a) of this section, Peter Newsham, while serving as Chief of Police, shall earn leave under § 1-612.03, consistent with the leave he earned as a member of the Metropolitan Police Department based upon his years of service immediately before his appointment as Chief of Police.

(Mar. 3, 1979, D.C. Law 2-139, § 1061; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 2301, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(b), 46 DCR 2118; Apr. 27, 1999, D.C. Law 12-267, § 5, 46 DCR 960; Mar. 14, 2012, D.C. Law 19-115, § 2(g), 59 DCR 461; Dec. 13, 2017, D.C. Law 22-33, § 3092, 64 DCR 7652.)

Prior Codifications

1981 Ed., § 1-611.61.

Effect of Amendments

D.C. Law 19-115, in par. (3), substituted “208 hours” for “26 days”; in par. (4), substituted “2 hours” for “8 hours”; and, in par. (5), substituted “40 hours” for “5 days”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3092 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3092 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2 of Leave and Retirement Modifications for Chief of Police Peter Newsham Emergency Amendment Act of 2017 (D.C. Act 22-88, June 28, 2017, 64 DCR 6239).

For temporary amendment of section, see §§ 6 and 7 of the Fiscal year 1999 Budget Support Emergency Amendment Act of 1998 (D.C. Act 12-480, October 28, 1998, 45 DCR 8016), and §§ 6 and 7 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-4, February 8, 1999, 46 DCR 2291).

For temporary amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, 45 DCR 7229), as amended by § 6 of D.C. Law 12-211, and § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

Section 1902 of D.C. Act 12-401 provided that § 1901(a) and (b) shall apply upon the enactment by the United States Congress of legislation adopting § 101(m) of the Omnibus Personnel Reform Amendment Act of 1998, signed by the Mayor on April 1, 1998 (D.C. Law 12-124; 45 DCR 2464).

For temporary (90-day) amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

Temporary Legislation

For temporary (225 day) amendment of section, see § 7 of Fiscal Year 1999 Budget Support Temporary Amendment Act of 1998 (D.C. Law 12-211, April 13, 1999, law notification 46 DCR 3833).

Editor's Notes

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

Applicability of § 2301(a) and (b) of D.C. Law 12-175: Section 2302 of D.C. Law 12-175, as amended by § 63 of D.C. Law 12-264, provided that § 2301(a) and (b) of the act shall apply as of October 21, 1998.

§ 1–610.62. Retirement benefits.

Executive Service employees shall be covered under subchapter XXVI of this chapter, except that employees first hired after September 30, 1987, may elect to participate in the District’s defined contribution plan or may elect to have the funds that would otherwise be contributed by the District under the defined contribution plan directed to another 401(a) retirement plan.

§ 1–610.63. Life insurance benefits.

Executive Service employees shall be covered by the provisions of subchapter XXII of this chapter, except that any Executive Service employee, whether covered by federal life insurance benefits (pursuant to § 1-622.01) or District life insurance benefits (pursuant to § 1-622.03), may receive additional coverage for himself or herself, not to exceed twice the rate of that employee’s basic pay. The cost of that coverage shall be borne solely by the District government.

§ 1–610.64. Employment contracts with subordinate agency heads.

(a) The Mayor shall not enter into an employment contract with a subordinate agency head that contains terms and conditions of employment that are inconsistent with existing law.

(b) If the Mayor executes an employment contract with a subordinate agency head in the Executive Service, the contract shall be posted to the website of the District of Columbia Department of Human Resources within 30 days of signing. The requirement to post the contract shall be subject to relevant exemptions pursuant to § 2-534 and required disclosures pursuant to § 2-536.

(c) An employment contract, if any, with a subordinate agency head shall be transmitted to the Council simultaneously with the transmittal of the nomination of the subordinate agency head.

Subchapter X-B. Lateral Police Career Appointments.

§ 1–610.71. Definitions.

For the purposes of this part, the term “lateral law enforcement officer” means:

(1)(A) A member of the Capitol Police;

(B) A member of the United States Park Police;

(D) A member of the United States Secret Service Uniformed Division; or

(E) An employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States of America or any state of the United States of America, including the positions of county sheriff and municipal policeman; or

(2) A person who has performed in any capacity described in paragraph (1) of this section within 12 months of his or her application to the Metropolitan Police Department.

§ 1–610.72. Salary and Assignment for appointment of Metropolitan Police Department at Class 1 — Private.

Notwithstanding any other law or regulation, the Mayor, or the Mayor’s designee, may appoint a lateral law enforcement officer to the Metropolitan Police Department without regard to any time in grade or prior department service or incumbency requirements. A lateral law enforcement officer appointed by the Mayor, or by the Mayor’s designee, shall be appointed as a Class 1—Private with compensation at the appropriate rate for this classification, and shall be assigned to duty as prescribed by the Mayor, or by the Mayor’s designee.

§ 1–610.73. Treatment of lateral law enforcement officers as police hired after September 30, 1987.

Except as provided in § 1-610.74 a lateral law enforcement officer hired pursuant to § 1-610.72 shall be covered by the provisions of this chapter applicable to members of the Metropolitan Police Department hired after September 30, 1987.

§ 1–610.74. Leave accrual for lateral law enforcement officers.

For the purposes of § 1-612.03, years of law enforcement experience, as determined by the Mayor or his or her designee, shall constitute years of District government service for any employee hired as a lateral law enforcement officer pursuant to § 1-610.72.

§ 1–610.75. Retirement benefits for lateral law enforcement officers hired after January 11, 2000.

(a) For the purposes of retirement benefits, an employee hired as a lateral law enforcement officer pursuant to § 1-610.72 shall elect to be covered by § 1-901.01 et seq. These lateral law enforcement officers shall be treated as new hires for retirement purposes except as provided by law for federal government and military service and except as provided by § 1-610.76.

(b) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1075; as added Oct. 4, 2000, D.C. Law 13-160, § 102(b), 47 DCR 4619; Oct. 19, 2000, D.C. Law 13-172, § 812, 47 DCR 6308; Sept. 30, 2004, D.C. Law 15-194, § 1202, 51 DCR. 9406.)

Prior Codifications

1981 Ed., § 1-611.75.

Effect of Amendments

D.C. Law 13-172 added subsec. (b).

D.C. Law 15-194 repealed subsec. (b) which had read as follows: “(b) Metropolitan Police Officers hired after January 11, 2000, and prior to December 31, 2003, shall have successfully completed at least 60 post-secondary semester hours from an accredited university by the fifth anniversary of the date hired.”

Emergency Legislation

For temporary (90-day) addition of section, see § 2(b) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

For temporary (90-day) amendment of section, see § 812(a), (b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 812(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 3 of Metropolitan Police Department Educational Requirement Clarification Emergency Amendment Act of 2004 (D.C. Act 15-323, January 28, 2004, 51 DCR 1586).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Metropolitan Police Department Education Requirement Clarification Temporary Amendment Act of 2004 (D.C. Law 15-147, April 22, 2004, law notification 51 DCR 4931).

§ 1–610.76. Credit for prior law enforcement service.

In computing length of service of a retiring lateral law enforcement officer hired pursuant to § 1-610.72, credit shall be granted for prior law enforcement service outside the Metropolitan Police Department only if the lateral law enforcement officer has deposited to the credit of the Police Officers’ and Firefighters’ Retirement Fund an amount that is equal to the dollar increase in the present value of future benefits which results from crediting the prior service. The calculation of the present value of future benefits shall be based on the actuarial assumptions and methods used to calculate the present value of future benefits from § 1-907.03(a)(3)(B) for the applicable fiscal year. Upon separation from District law enforcement duty for reasons other than retirement, any law enforcement officer who purchased prior service credit shall receive that purchase amount along with any interest credited on the amount. Any law enforcement officer that withdraws the purchase amount and is later reinstated shall not be entitled to this prior service credit until the purchase amount plus interest is again deposited.

Subchapter X-C. Government Appenticeships.

§ 1–610.81. Definitions.

(1) "Apprentice" means an employee of a District agency who is employed in an apprenticeship program.

(2) "Apprenticeable occupation" means an occupation title included in the most recent version of the U.S. Department of Labor's List of Occupations Officially Recognized as Apprenticeable by the Office of Apprenticeship.

(3) "Apprenticeship" means an employment position in the District government that is part of an apprenticeship program.

(4) "Apprenticeship program" means an employment program in the District government established pursuant to this subchapter, which combines on-the-job training with classroom instruction to prepare employees for a career in a particular occupation.

(5) "Apprenticeship sponsor" means the entity responsible for registering an apprenticeship program with OAIT.

(6) "DCHR" means the District of Columbia Department of Human Resources.

(7) "DOES" means the Department of Employment Services.

(8) "Host agency" means the District government agency that employs an apprentice.

(9) "Initiative" means the District of Columbia Government Apprenticeship Initiative established by § 1-610.82.

(10) "Life skills training" means age-appropriate, non-technical skills training that helps individuals succeed in the workplace and includes training on communication, time management, appropriate work attire, and conflict resolution, and education on workplace drug testing.

(11) "OAIT" means DOES's Office of Apprenticeship, Information and Training.

(12) "Related technical instruction" means academic instruction, as required by approved apprenticeship standards, that supplements the concepts and processes of on-the-job learning in an apprenticeship program.

§ 1–610.82. Establishment of District of Columbia Government Apprenticeship Initiative.

(a) There is established a District of Columbia Government Apprenticeship Initiative ("Initiative") to create apprenticeships in District agencies.

(b)(1) DCHR and OAIT ("Administrators") shall develop and administer the Initiative in accordance with this subchapter.

(2) Each Administrator shall designate one employee to serve as the agency's Initiative coordinator.

(c)(1) The Administrators shall consult with potential host agencies and labor union representatives to identify at least 5 apprenticeable occupations in the District government in which the District will create apprenticeship programs.

(2) The Administrators shall identify apprenticeable occupations based on:

(A) Review of apprenticeable occupations within District agencies;

(B)(i) Consideration of previously open positions in District agencies;

(ii) Upcoming position openings;

(iii) Current permanent, term, and temporary positions;

(iv) Positions filled by outside contractors; and

(v) Positions that could become apprenticeships if classified at a lower grade;

(D) The long-term employment opportunities and earning potential of workers in the occupation, including outside the District government.

(3) At least one of the identified apprenticeable occupations shall be in information technology and at least one shall be in healthcare.

(d)(1)(A) The Administrators shall submit a plan for creating and administering apprenticeship programs in the apprenticeable occupations identified pursuant to subsection (c) of this section to the Council within 180 days after October 1, 2019.

(B) For each apprenticeship program, the plan shall include:

(i) The occupation covered by the apprenticeship program and the number of anticipated apprentices that will be employed in years 1, 2, and 3 of the Initiative;

(ii) Which agency or agencies will serve as host agencies;

(iii) Whether the host agency, DCHR, or another entity will serve as the apprenticeship sponsor;

(iv) The division of responsibilities between each of the Administrators, the apprenticeship sponsor, and host agencies for the development and administration of the apprenticeship program, including which entity or entities will be responsible for ensuring that apprentices receive life skills training and requesting that the University of the District of Columbia Community College provide apprentices with related technical instruction if it will not be provided directly by the host agency or apprenticeship sponsor; and

(v) A breakdown of costs by entity, including related technical instruction and life skills training.

(2) Within 2 years after October 1, 2019, the District government shall employ at least 2 apprentices in an apprenticeship program in each of the 5 apprenticeable occupations identified pursuant to subsection (c) of this section.

(e) DCHR shall develop a process by which labor union representatives and potential host agencies, including independent agencies, may request the creation of an apprenticeship program in a specific occupation or agency. This process shall include DCHR meeting with labor union representatives at least 2 times per year.

(f) DOES shall post all open apprenticeship positions on its DC Networks website.

§ 1–610.83. Apprenticeship program requirements.

(a)(1) The apprenticeship sponsor shall register the apprenticeship program with OAIT in accordance with subchapter I of Chapter 14 of Title 32.

(2) An apprenticeship program shall comply with standards, rules, and regulations issued pursuant to § 32-1403; provided, that no apprenticeship agreement may conflict with the terms or conditions of a District employee's employment under this chapter.

(b) An apprenticeship program in a single occupation may have multiple host agencies.

(d) All apprenticeship programs shall include life skills training for apprentices.

(e)(1) Federal funding sources shall be used to pay for related technical instruction before local funding sources.

(2) DCHR, OAIT, or the host agency shall request the University of the District of Columbia Community College to provide apprentices with related technical instruction that is not provided directly by the host agency or apprenticeship sponsor.

§ 1–610.84. Positions for apprenticeships; apprenticeship eligibility and employment.

(a) A host agency may convert existing positions into apprenticeships or create new, lower-grade positions for the purpose of establishing apprenticeships; provided, that nothing in this subchapter may be interpreted as requiring the creation of new positions.

(b)(1) New hires and existing employees may be eligible to become apprentices; provided, that no agency may require an employee in an apprenticeable occupation hired before October 1, 2019 to become an apprentice.

(2) Notwithstanding § 1-608.01(e)(7), an apprentice shall be a resident of the District of Columbia.

(3) An apprentice shall receive compensation, benefits, and collective bargaining rights consistent with the classification of the apprentice's position under this chapter.

(4) Section 32-1410, shall govern the resolution of disputes arising from terms in an apprenticeship agreement not covered by this chapter or a collective bargaining agreement.

§ 1–610.85. Reports to Council.

(a) By December 1, 2020, and each subsequent December 1, DCHR shall report to the Council on the Initiative. The report shall include:

(1) A description of each established apprenticeship program, including:

(A) The names and roles of participating entities;

(B) The occupation covered;

(D) Apprentice grade levels and salary ranges;

(E) The number of total, new, and female apprentices, and the number of apprenticeship graduates in the previous year;

(F) Apprenticeship completion rates;

(G) Length of apprenticeships;

(H) Copies of curricula and training plans;

(I) The name of the entity providing the related technical instruction;

(J) The name of the entity providing the life skills training; and

(K) A breakdown of costs, including costs attributed to program staff, related technical instruction, and life skills training, broken down by entity and federal or local funding source; and

(2) Other information relevant to evaluating the implementation and progress of the Initiative.

(b) By October 1, 2021, DCHR shall provide to the Council a 3-year plan for the establishment of additional apprenticeship programs in apprenticeable occupations for which no apprenticeship program exists.

Subchapter XI. Classification; Compensation.

§ 1–611.01. Classification policy; grade levels; publication required; public hearing.

(a) The classification of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services will be accomplished in accordance with the following policy:

(1) Individual positions will be grouped and identified by classes and grades, in accordance with their duties, responsibilities, and qualification requirements and shall be indexed and cross referenced in the incumbent classification and compensation system; and

(2) The principle of equal pay for substantially equal work will be supported.

(b) The grade levels of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be based on the consideration of applicable factors, such as knowledge and skills required by the positions; supervisory controls exercised over the work; guidelines used; complexity of the work; scope and effect of the work; personal contacts; purpose of contacts; physical demands of the positions; and work environment.

(c) Classification systems or proposals developed under the authority of this subchapter shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor or the Board of Education or the Board of Trustees of the University of the District of Columbia shall hold, as provided in this subchapter, a public hearing on all such proposals he, she, or it has published in the District of Columbia Register prior to his, her, or its adoption of a classification system or amendment to such system; provided, that the classification system or systems in effect on December 31, 1979, shall remain in effect until the adoption of a classification system or systems pursuant to § 1-611.02 or § 1-611.11.

(Mar. 3, 1979, D.C. Law 2-139, § 1101, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(a), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(k), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(j), 43 DCR 2978; Apr. 12, 2000. D.C. Law 13-91, § 103(m), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(e), (f), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.1.

1973 Ed., § 1-341.1.

Section References

This section is referenced in § 1-611.02, § 1-611.11, § 1-1161.01, § 1-1163.02, § 42-3502.03b, and § 42-3502.04a.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a) and in subsec. (b), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and in subsec. (b), substituted “Excepted, and the Management Supervisory Services” for “and Excepted Services”.

Cross References

Rent administrator, compensation, see § 42-3502.03.

Rental housing commission members, compensation, see § 42-3502.01.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51, March 31, 2003, 50 DCR 2954).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97, June 20, 2003, 50 DCR 5472).

For temporary (90 day) repeal of Freeze of Within-Grade Salary Increases provisions of Title I of the Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51), Title I of the Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97), and Title I of the Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Act 15-92), see §§ 2 and 3 of the Freeze of Within-Grade Salary Increase Repeal Emergency Act of 2003 (D.C. Act 15-122, July 29, 2003, 50 DCR 6619).

For temporary (90 day) additions, see §§ 1022 to 1027 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 1142 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of sections, see §§ 2 to 5 of Financial Stability Measures Emergency Act of 2010 (D.C. Act 18-588, October 19, 2010, 57 DCR 10140).

For temporary (90 day) amendment of section, see § 2 of Financial Stability Measures Clarification Emergency Amendment Act of 2010 (D.C. Act 18-593, November 3, 2010, 57 DCR 10475).

For temporary (90 days) response by the government of the District of Columbia’s to the federal shutdown, or lapse in appropriations, by designating personnel as essential, authorizing the District to employ personal services, and providing for the compensation of personnel, see §§ 2 to 6 of the Federal Shutdown Response Emergency Act of 2013 (D.C. Act 20-182, October 4, 2013, 60 DCR 14955).

Temporary Legislation

For temporary (225 day) additions, see §§ 101 to 104 of Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Law 15-25, July 22, 2003, law notification 50 DCR 6095).

For temporary (225 day) repeal of D.C. Law 15-25, see § 2 of Freeze of Within-Grade Salary Increase Repeal Temporary Act of 2003 (D.C. Law 15-49, December 9, 2003, law notification 51 DCR 1784).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Compensation for District employees: Section 120 of Pub. L. 104-194, 110 Stat. 2366, the District of Columbia Appropriations Act, 1997, provided that notwithstanding any other provisions of law, the provisions of § 1-601.01 et seq., enacted pursuant to § 1-204.22(3), shall apply with respect to the compensation of District of Columbia employees and provided that, for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code.

§ 1–611.02. Establishment and maintenance of classification system for Career, Legal, Excepted, and Management Supervisory Services employees.

(a) In order to carry out the policies of § 1-611.01, the Mayor shall provide for the development of a classification system covering all positions in the Career, Legal, Excepted, and the Management Supervisory Services.

(b) The Mayor shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions and shall provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. The Mayor shall provide for meaningful consultation with the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia in the classification of positions of persons in the Career Service employed by the educational Boards.

(d) Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor shall hold a public hearing on all such proposals he or she publishes in the District of Columbia Register prior to his or her adoption of a classification system(s) or amendment to such system(s).

(Mar. 3, 1979, D.C. Law 2-139, § 1102, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(l), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(k), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(1), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(n), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(g), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.2.

1973 Ed., § 1-341.2.

Section References

This section is referenced in § 1-611.01.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(n) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–611.03. Compensation policy; compensatory time off; overtime pay.

(a) Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be fixed in accordance with the following policy:

(1) Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation of public sector employees in jurisdictions with costs of living and working conditions comparable to the District or of employees in the federal government; provided, that compensation for Legal Service attorneys shall be fixed in accordance with § 1-608.58.

(2) Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental officers shall be paid on the same schedule as medical officers having comparable qualifications and experiences.

(3) Differences in pay shall be maintained in keeping with differences in level of work and quality of performance.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7)(A) Any full-time permanent, indefinite, or term employee of a District agency or independent agency, who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty in preparation for, or as a result of, Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall receive, upon application and approval, an amount that equals the difference in compensation between the employee's District government basic pay reduced by the employee's basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation New Dawn in 2010, any period following the formal inception of Operation Odyssey Dawn in 2011, or any period following the formal inception of any contingency operation as defined in 10 U.S.C. § 101(a)(13), during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military operations, or, in the case of a term employee, until the date of the end of the term of employment.

(B) The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph.

(b) The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to 5 U.S.C. § 8331, §§ 1-626.03 through 1-626.12, § 5-723(e), the Judges’ Retirement Fund, established by § 1-714, or the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994.

(d) Notwithstanding any other provisions of law or regulation, effective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.)(“FLSA”), and is eligible to earn compensatory time may receive compensatory time off at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation.

(1) If the work of an employee for which compensatory time off may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986.

(2) Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time off allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation.

(e) Notwithstanding any other provision of District law or regulation, effective on the first day of the first pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section.

(f)(1) Repealed.

(2)(A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.

(B) For fiscal years 2011, 2012, 2013, 2014, and 2015, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Deputy Fire Chief and above in the Firefighting Division.

(3) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period.

(4)(A)(i) For fiscal years 2011, 2012, 2013, and 2014, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a fiscal year.

(ii) For Fiscal Year 2015, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $30,000 in a fiscal year.

(B) This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classified as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler).

(C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year 2011.

(g)(1) The Chief of Police may grant time off, to be considered FLSA-exempt, to uniformed members of the Metropolitan Police Department at the rank of Inspector and above, and the civilian equivalents, for work performed in excess of an 80-hour biweekly pay period, excluding roll call; provided, that:

(A) FLSA-exempt time off granted to any individual employee shall not exceed a total of 80 hours in any consecutive 12-month period;

(B) FLSA-exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned; and

(C) FLSA-exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

(2) The Mayor, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.

(Mar. 3, 1979, D.C. Law 2-139, § 1103, 25 DCR 5740; Sept. 16, 1980, D.C. Law 3-101, § 2, 27 DCR 3628; Mar. 4, 1981, D.C. Law 3-130, § 2(b), 28 DCR 277; Mar. 16, 1982, D.C. Law 4-78, § 8(a), 29 DCR 49; Mar. 13, 1985, D.C. Law 5-140, § 2, 31 DCR 5755; Oct. 5, 1985, D.C. Law 6-43, § 2(a), 32 DCR 4484; July 24, 1986, D.C. Law 6-126, § 2, 33 DCR 3211; July 24, 1986, D.C. Law 6-127, § 2, 33 DCR 3213; Sept. 13, 1986, D.C. Law 6-142, § 2, 33 DCR 4369; Mar. 2, 1991, D.C. Law 8-190, § 2(a), 37 DCR 6721; July 13, 1991, D.C. Law 9-12, § 2(a), 38 DCR 3376; Nov. 25, 1993, D.C. Law 10-65, § 201, 40 DCR 7351; July 23, 1994, D.C. Law 10-136, § 5, 41 DCR 3006; Sept. 22, 1994, D.C. Law 10-172, § 2, 41 DCR 5152; May 16, 1995, D.C. Law 10-255,§ 2(a), 41 DCR 5193; June 10, 1998, D.C. Law 12-124, §§ 101(n)(2), 101(n)(3), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(o), 47 DCR 520; Oct. 3, 2001, D.C. Law 14-28, § 3702, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 3(h), (i), 49 DCR 8140; Dec. 7, 2004, D.C. Law 15-207, § 2, 51 DCR 8779; Mar. 26, 2008, D.C. Law 17-135, § 2(a), 55 DCR 1683; Sept. 24, 2010, D.C. Law 18-223, § 3022, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3012, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3022, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3052, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3052, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-198, § 2(a), 61 DCR 12450; Oct. 22, 2015, D.C. Law 21-36, § 7025, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 211, 63 DCR 4659; Apr. 15, 2017, D.C. Law 21-273, § 2, 64 DCR 949; May 6, 2020, D.C. Law 23-91, § 2, 67 DCR 3541.)

Prior Codifications

1981 Ed., § 1-612.3.

1973 Ed., § 1-341.3.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-155: Section 11001 of D.C. Law 20-155 provided that, except as otherwise provided, the act shall apply as of October 1, 2014.

Section References

This section is referenced in § 1-611.04, § 1-611.05, § 1-611.11, § 1-617.17, and § 1-711.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a), inserted “Legal,”.

D.C. Law 14-28 added subsec. (f).

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and repealed par (6) of subsec. (a).

D.C. Law 15-207, in the second sentence of subsec. (b), inserted “ 5 U.S.C. § 8331,” following “received by the reemployed individual pursuant to”.

D.C. Law 17-135 added subsec. (a)(7).

D.C. Law 18-223 rewrote subsec. (f)(2); and added subsec. (f)(4). Prior to amendment, subsec. (f)(2) read as follows: “(2) Uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.”

D.C. Law 19-21, in subsec. (f)(2)(B), substituted “For fiscal years 2011 and 2012” for “For fiscal year 2011”; and rewrote subsec. (f)(4), which formerly read:

“(4) For fiscal year 2011, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in the fiscal year.”

The 2012 amendment by D.C. Law 19-168 substituted “fiscal years 2011, 2012, and 2013” for “fiscal years 2011 and 2012” in (f)(2)(B) and (f)(4)(A); and added (f)(4)(C).

The 2013 amendment by D.C. Law 20-61 rewrote (f)(2)(B); and substituted “2011, 2012, 2013, and 2014” for “2011, 2012, and 2013” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-155 substituted “2011, 2012, 2013, 2014, and 2015” for “2011, 2012, 2013, and 2014” in (f)(2)(B) and (f)(4)(A); and substituted “$ 30,000” for “$ 20,000” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-198 inserted the second sentence in (b).

The 2015 amendment by D.C. Law 21-36 designated the existing text of (f)(4)(A) as (f)(4)(A)(i); in (f)(4)(A)(i), substituted “and 2014” for “2014, and 2015” and substituted “$ 20,000” for “$ 30,000”; and added (f)(4)(A)(ii).

Cross References

Retirement board members, exemptions, see § 1-711.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Metropolitan Police Department Officer Retention and Recruitment Incentives Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-420, June 23, 2016, 63 DCR 9008).

For temporary amendment of section, § 2 of the Comprehensive Merit Personnel Act Annuity Offset Emergency Amendment Act of 1997 (D.C. Act 12-123, August 1, 1997, 44 DCR 4652), and § 2 of the Comprehensive Merit Personnel Act Annuity Offset Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-183, October 30, 1997, 44 DCR 6958).

For temporary amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary addition of section, see § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Police and Fire Senior Management Overtime Emergency Amendment Act of 2001 (D.C. Act 14-84, July 9, 2001, 48 DCR 6371).

For temporary (90 day) amendment of section, see §§ 2(a) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Emergency Amendment Act of 2004 (D.C. Act 15-623, November 30, 2004, 52 DCR 1123).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-44, February 22, 2005, 52 DCR 3051).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) addition, see § 1281 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section 1281 of Fiscal Year 2010 Budget Support Act of 2009 and Fiscal Year 2010 Budget Support Second Emergency Act of 2009, see §§ 2, 3 of Retirement Incentive Emergency Amendment Act of 2009 (D.C. Act 18-254, December 22, 2009, 57 DCR 40).

For temporary (90 day) amendment of section, see § 1281 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) addition of section, see § 2 of Bonus and Special Pay Clarification Emergency Amendment Act of 2010 (D.C. Act 18-364, April 2, 2010, 57 DCR 3164).

For temporary (90 day) amendment of section, see § 3022 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of § 1026 and addition of § 1143 of D.C. Law 18-223, see § 112 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see the first § 3062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) bonus and special pay limitation, see § 1002 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) amendment of this section, see § 3052 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) bonus and special pay limitation, see § 1002 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) amendment of this section, see § 3052 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) amendment of this section, as amended by D.C. Law 20-155, § 3052(b), see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) bonus and special pay limitation, see § 1002 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).

For temporary (90 days) amendment of this section, see § 3052 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).

For temporary (90 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see §§ 1002(a) and 7016(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Metropolitan Police Department Officer Retention and Recruitment Incentives Emergency Amendment Act of 2016 (D.C. Act 21-332, Mar. 17, 2016, 63 DCR 4304).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 day) amendment of section, see § 2 of Comprehensive Merit Personnel Act Annuity Offset Temporary Amendment Act of 1997 (D.C. Law 12-46, February 26, 1998, law notification 45 DCR 1507).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Temporary Amendment Act of 2004 (D.C. Law 15-317, April 8, 2005, law notification 52 DCR 4706).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(a) of D.C. Law 16-64 added par. (a)(7) to read as follows:

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 16-299 added a new par. (7) to subsec. (a) to read as follows:

“(B) The Mayor shall issue rules within 30 days of July 22, 2003 to implement the provisions of this paragraph.”

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 17-101 added subsec. (a)(7) to read as follows:

“(7)(A) Any full-time permanent, term, or TAPER District government employee who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, shall receive, upon application and approval, an amount that equals the difference in compensation between the employee’s District government basic pay and the employee’s basic military pay. This amount shall not be considered as basic pay for any purpose. This amount shall be paid for any period following the formal inception of Operation Enduring Freedom in 2001, any period following the beginning of the preparation for Operation Iraqi Freedom in 2002 and 2003, or for any period following the formal inception of Operation Iraqi Freedom in 2003, during which the employee is carried in a non-pay status, from the time the employee is called to active duty until the employee is released from active duty occasioned by any of these military conflicts.

“(B) The Mayor shall issue rules to implement the provisions of this paragraph.”

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-122 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. For fiscal year 2010, no funds shall be used to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138); provided, that funds may be used to provide incentive awards under section 1901 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-619.01).”.

Section 4(b) of D.C. Law 18-122 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-187 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. Restrictions on special awards pay or bonus pay.

“(a) For Fiscal Year 2010, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that 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;

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

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus authorized by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle.

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head under this section unless required by an existing contract that was entered into prior to the effective date of this subtitle.”.

Section 4(b) of D.C. Law 18-187 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2(b) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

Section 2(b) of D.C. Law 12-36 was amended by § 61 of D.C. Law 12-81.

For temporary (225 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Short Title

Short title: Section 1001 of D.C. Law 19-21 provided that subtitle A of title I of the act may be cited as “Bonus and Special Pay Limitation Act of 2011”.

Short title: Section 1021 of D.C. Law 18-223 provided that subtitle C of title I of the act may be cited as the “Within-Grade Salary Increases, Cost-of-Living Adjustments, and Salary and Benefits Schedules Act of 2010”.

Short title: Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2010”.

Short title: Section 3011 of D.C. Law 19-21 provided that subtitle B of title III of the act may be cited as “FEMS Overtime Limitation Amendment Act of 2011”.

Section 1001 of D.C. Law 20-61 provided that Subtitle A of Title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2013”.

Section 3051 of D.C. Law 20-61 provided that Subtitle F of Title III of the act may be cited as the “Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2013”.

References in Text

The “Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994”, referred to in (b), is D.C. Law 10-136, which is codified as this section, § 5-762, and § 5-723, and in notes to § 5-762 and this section.

Effective Dates

Section 10 of D.C. Law 4-78 provided that the amendment effected by § 8(a) shall be deemed to have taken effect on October 1, 1981, and no employee affected by subsection (a)(2), as amended by the act, shall suffer a reduction in pay.

Editor's Notes

Sections 1022 to 1027 of D.C. Law 18-223, as amended by section 112(a) of D.C. Law 18-370, provided:

“Sec. 1022. Definitions.

“For the purposes of this subtitle, the term:

“(1) ‘Agency’ means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA.

“(2) ‘CMPA’ means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.).

“(3) ‘Negotiated salary schedule’ means a salary schedule specified in a collective bargaining agreement.

“(4) ‘Negotiated salary, wage, and benefits provision’ means the salary and benefits provided in a collective bargaining agreement.

“(5) ‘Personnel authority’ means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA.

“(6) ’Within-grade salary increase’ means the advancement of an employee’s basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term ‘within-grade salary increase’ or another term is used to describe the advancement within the applicable compensation law or rule.

“Sec. 1023. Freeze of within-grade salary increases and cost-of-living adjustments.

“(a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, 2011.

“(b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee’s length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule.

“Sec. 1024. Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year 2011.

“Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

“Sec. 1025. Application to certain employees of the District of Columbia Public Schools.

“(a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer.

“Sec. 1026. Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sections 1023 and 1024 shall not apply to employees of the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the University of the District of Columbia.

“Sec. 1027. Rules.

“To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle.”

Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the ‘Bonus and Special Pay Limitation Act of 2010‘.

Section 1142 of D.C. Law 18-223 provided:

“Sec. 1142. Bonus and special pay limitations.

“(a) For fiscal year 2011, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that 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;

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

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle September 24, 2010.”

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle.”

Section 112(b) of D.C. Law 18-370 added section 1143 of D.C. Law 18-223 to read as follows:

“Sec. 1143. Exemption. Section 1142 shall not apply to employees of the University of the District of Columbia.”.

Section 1002 of D.C. Law 19-21 provided:

“Sec. 1002. Bonus and special pay limitations.

“(a) For fiscal year 2012, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that 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;

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

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to October 1, 2010.

“(b) For fiscal year 2012, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to October 1, 2010.

“(c) Notwithstanding 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 in fiscal year 2012 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 19-168 provided:

“Bonus and special pay limitations. (a) For fiscal year 2013, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for:

“(1) Retirement awards;

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

“(3) Additional income allowances for difficult-to-fill positions;

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

“(5) Safe-driving awards;

“(6) Gainsharing incentives in the Department of Public Works;

“(7) Suggestion or invention awards; or

“(8) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle.

“(b) For fiscal year 2013, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle.

“(c) Notwithstanding 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 in fiscal year 2013 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 20-61 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2015.

Section 1002 of D.C. Law D.C. Law 21-36 provided for bonus and special pay limitations for fiscal year 2016.

Applicability of D.C. Law 21-36: Section 10001 of D.C. Law 21-36 provided that, except as otherwise provided, the act shall apply as of October 1, 2015.

Resolutions

Resolution 17-903, the “Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Rulemaking Approval Resolution of 2008”, was approved effective December 16, 2008.

§ 1–611.04. Compensation system for Career and Excepted Services — Established.

(a) The Mayor shall develop, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, a new compensation system for all employees in the Career, Legal, Excepted, and Management Supervisory Services. Any comments that the Board of Education or the Board of Trustees of the University of the District of Columbia wish to make on the proposed system shall be presented along with the proposed pay system submitted by the Mayor.

(b) This new system shall include, but need not be limited to, provisions for basic pay, pay increases based on quality and length of service, premium pay, allowances, and severance pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations in the development of the new compensation system for Career Service employees.

(d) The Mayor shall submit any proposed new compensation system to the Council for approval under the provisions of § 1-611.06. The submission shall include proposed dates on which the new compensation system shall become effective.

(e) Until such time as a new compensation system is approved, the compensation system, including the salary and pay schedules, in effect on December 31, 1979, shall continue in effect: Provided, that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(e-1) Until such time as the Metropolitan Police Department Excepted Service Sworn Employees’ Compensation System is established, the Mayor may develop a pay schedule, to be limited to no more than 10 excepted service sworn employees, for Metropolitan Police Department Excepted Service sworn employees and submit it to the Council for approval in accordance with § 1-611.06.

(f) For the purpose of subsections (a) through (d) of this section, the term compensation system shall not include salary or pay schedules.

(g) An employee who is under indictment or who is charged by information with or who has been convicted of a felony related to his or her employment duties shall not be eligible for benefits under an Easy Out, Early Out, or similar Retirement Incentive Program; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his ineligibility shall be eligible for all benefits as if that employee has never been indicted for or charged by information with a felony.

(h) For the purposes of this subchapter, the term “felony” means an offense that is punishable by a term of imprisonment that exceeds one year.

(Mar. 3, 1979, D.C. Law 2-139, § 1104, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(c), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(m), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(a), 37 DCR 782; May 24, 1996, D.C. Law 11-122, § 2, 43 DCR 1540; Aug. 1, 1996, D.C. Law 11-152, § 302(l), 43 DCR 2978; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Apr. 12, 2000. D.C. Law 13-91, § 103(p), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(j), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.4.

1973 Ed., § 1-341.4.

Section References

This section is referenced in § 1-602.02, § 1-603.01, and § 1-611.06.

Effect of Amendments

D.C. Law 13-27 inserted subsec. (e-1).

D.C. Law 13-91, in subsec. (a), in the first sentence, inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and Management Supervisory Services” for “and Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303 and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Temporary Legislation

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Disapproval of new compensation system for employees in Career and Excepted Services: Pursuant to Resolution 7-345, the “Establishment of the New Compensation System for Employees in the Career and Excepted Services Disapproval Resolution of 1988”, effective November 15, 1988, the Council disapproved the Career and Excepted Services Compensation System submitted to Council by the Mayor on September 21, 1988.

District of Columbia Government Comprehensive Merit Personnel Act of 1978 Compensation System Changes Emergency Approval Resolution of 1991: Pursuant to Resolution 9-109, effective October 4, 1991, the Council approved, on an emergency basis, changes to the compensation system to authorize the Mayor to establish a retirement incentive program for certain District government employees.

Fiscal Year 1995 Spending Reduction Approval Emergency Resolution of 1995: Pursuant to Resolution 11-21, effective February 7, 1995, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (’CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (’Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(4) The Easy Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“Sec. 303. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’), the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (‘Early Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor, if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(4) The Early Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(7) No incentive payment shall be paid to:

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.

Resolutions

Resolution 14-53, the “District of Columbia Government Comprehensive Merit Personnel Act of 1978 Recruitment and Retention Incentives for the Child and Family Services Agency Compensation System Changes Emergency Approval Resolution of 2001”, was approved effective March 6, 2001.

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-321, the “Career and Excepted Service Non-union Employees Compensation System Changes for Fire and Emergency Medical Services Department Non-bargaining Unit Battalion Chiefs, Deputy Chiefs, and Assistant Chiefs Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-322, the “Career Service, Excepted Service, and Management Supervisory Service Non-bargaining Unit Employees Pay Equity Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

§ 1–611.05. Compensation system for Career and Excepted Services — Periodic review.

(a) The Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall provide for a periodic review of the basic compensation system, in order to improve the system and provide continuing conformity with the policy established by § 1-611.03.

(b) These reviews of compensation shall include, but need not be limited to, review of the adequacy of the rates of basic pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction in the periodic reviews of the compensation system(s).

(d) The Mayor, in consultation with the personnel authorities named in subsection (a) of this section, shall consider, on an annual basis, changes in the compensation system or systems and in the salary and pay schedules under such system or systems, and shall submit adjustments, if any, to the Council pursuant to § 1-611.06. The submission to the Council shall include proposed dates on which the adjustments shall become effective.

(e) If, because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor should, in any year, consider it inappropriate to submit a proposed change, or to make the adjustment in the salary or pay schedules pursuant to subsection (d) of this section, an alternative plan may be submitted with respect to such changes or adjustments as the Mayor considers appropriate with a statement of the reasons therefor.

(f) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1105, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(d), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(n), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(b), 37 DCR 782; Aug. 1, 1996, D.C. Law 11-152, § 302(m), 43 DCR 2978; Mar. 26, 1999, D.C. Law 12-175, § 2201, 45 DCR 7193.)

Prior Codifications

1981 Ed., § 1-612.5.

1973 Ed., § 1-341.5.

Section References

This section is referenced in § 1-611.06 and § 1-623.41.

Emergency Legislation

For temporary amendment of section, see § 2 of the Police Officer Pay Increase Emergency Amendment Act of 1997 (D.C. Act 12-142, July 18, 1997, 44 DCR 4369), and § 2 of the Police Officers Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-408, July 13, 1998, 45 DCR 4837).

For temporary amendment of section, see § 2 of the Department of Corrections Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-327, April 24, 1998, 45 DCR 2794).

For temporary amendment of section, see § 2 of the Career, Educational, and Excepted Service Nonunion Employees Salary Increase Emergency Amendment Act of 1998 (D.C. Act 12-377, June 5, 1998, 45 DCR 4463).

For temporary amendment of section, see § 2(b) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12-381, June 22, 1998, 45 DCR 4474).

For temporary amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Metropolitan Police Department pay and benefit performance: Pursuant to §§ 2 and 3 of D.C. Law 6-145, the “Metropolitan Police Department Pay and Benefit Conformance Act of 1986”, effective September 13, 1986, the Council approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining.

Sections 2 and 3 of D.C. Law 6-128, effective July 24, 1986, had also approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining. Section 4(b) of D.C. Law 6-128 provided that the act shall expire on the 180th day of its having taken effect.

D.C. Fire Department Compensation and Salary Schedule Adjustment: Pursuant §§ 2-4 of D.C. Law 7-192, the “D.C. Fire Department Compensation System and Salary Schedule Adjustment Act of 1988”, effective March 6, 1989, the Council approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining.

Sections 2-4 of D.C. Law 7-196, effective March 16, 1989, had also approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining. Section 5(b) provided that the act shall expire on the 225th day of its having taken effect.

Approval of continued payment of the base retention differential and retentive incentive to non-union uniformed members of Police force and Fire Department: Pursuant to Resolution 8-255, the “Base Retention Differential & Retention Incentive Payment Continuation Emergency Resolution of 1990”, effective July 27, 1990, the Council approved the continued payment of the base retention differential and retention incentive to non-union uniformed members of the Police force and Fire Department who are receiving or establish eligibility to receive the base retention differential or retention incentive on or before October 6, 1990.

§ 1–611.06. Compensation system for Career and Excepted Services — Review by the Council of the District of Columbia.

(a) If the Council by resolution approves, without revision, the new compensation system or systems, or any later changes in such system or systems or in the salary or pay schedules under the system or systems proposed in accordance with § 1-611.04 or § 1-611.05, the schedules shall become effective on the dates specified in the schedule submitted by the Mayor as provided in subsection (d) of § 1-611.05. If the Council takes no action on the Mayor’s proposed change within 60 calendar days of the submission thereof, such change shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(b) If the Council revises the proposal, it shall return the proposal with its revisions to the Mayor. If the Mayor concurs in the revisions, the provisions of the compensation plan as revised shall become effective on the dates specified by the Council in the resolution revising the compensation plan, as provided in subsection (a) of this section.

(c) If the Mayor does not concur in any 1 or more of the revisions recommended by the Council, including the Council’s recommendation as to the dates on which the pay changes shall become effective, the Mayor shall return the revisions within 10 days to the Council, with a statement of the Mayor’s reasons for not concurring. If the Council, by a two-thirds vote of the members present and voting, adopts a resolution insisting upon any 1 or more of the original revisions, the Council shall return the proposal and the revisions upon which the Council insists to the Mayor within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council. If any revisions insisted upon by the Council, including the Council’s recommendation as to the dates on which the pay changes should become effective, shall result in a greater cost to the District government than the Mayor’s original proposal, the Council shall adopt an act to provide a source of funding to cover the increased cost. The pay provisions of the compensation plan so adopted shall become effective on the dates specified by the Council in the resolution revising the new compensation system. If the two-thirds vote does not prevail, or the Council does not act within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council, the Mayor’s original proposal, with the revisions proposed by the Council in which the Mayor has concurred, shall become effective. The 10 days for Council review shall not include Saturdays, Sundays, legal holidays, and days of Council recess.

(d) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

(e) Repealed.

(f)(1) Persons newly hired by the District government may receive an initial rate of pay at any amount up to the midpoint of the grade or pay level for the position.

(2) The District government may pay new hires above the midpoint of the grade or pay level for that position only if the agency director or other appointing official explains the reasons justifying the salary in a memorandum that shall be filed in the employee’s official personnel folder.

(Mar. 3, 1979, D.C. Law 2-139, § 1106, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(e), 28 DCR 277; Aug. 1, 1985, D.C. Law 6-15, § 7(c), 32 DCR 3570; Mar. 15, 1990, D.C. Law 8-94, § 2(c), 37 DCR 782; Mar. 14, 2012, D.C. Law 19-115, § 2(h), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.6.

1973 Ed., § 1-341.6.

Section References

This section is referenced in § 1-608.58, § 1-609.03, § 1-611.04, § 1-611.05, and § 1-623.41.

Effect of Amendments

D.C. Law 19-115 added subsec. (f).

Emergency Legislation

For temporary authority of the Mayor to establish retirement incentive programs for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 403 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary authority of the Mayor to establish a voluntary severance incentive program for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 404 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authority of the Mayor to establish retirement incentive programs for certain employees, see § 403 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authorization of the Mayor to establish a voluntary severance incentive program for certain employees, see § 404 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary prohibition on re-employment with the District government, see § 405 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634), and § 405 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303, and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Emergency Amendment Act of 2001 (D.C. Act 14-216, December 21, 2001, 49 DCR 388).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-299, March 25, 2002, 49 DCR 3382).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of Unemployment Compensation Services Emergency Act of 2002 (D.C. Act 14-566, December 23, 2002, 50 DCR 290).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of the Unemployment Compensation Program Services Congressional Review Emergency Act of 2003 (D.C. Act 15-34, March 24, 2003, 50 DCR 2566).

For temporary (90 day) amendment of section, see § 2 of District of Columbia Public Library Retirement Incentive Emergency Act of 2007 (D.C. Act 17-240, January 11, 2008, 55 DCR 2209).

For temporary (90 day) additions, see §§ 2 to 7 of Retirement Incentive Emergency Act of 2008 (D.C. Act 17-321, March 20, 2008, 55 DCR 3439).

Temporary Legislation

Section 2 of D.C. Law 17-134 provided as follows:

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) for eligible District of Columbia Public Library (‘DCPL’) employees under its independent personnel authority and the pay authority of the Mayor. The Easy Out Program may be implemented by DCPL’s personnel authority during fiscal year 2008.

“(2) The Easy Out Program shall be limited to employees who are:

“(A) Retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f); and

“(B) Who are eligible to retire with Social Security (minimum age 62).

“(3) The Easy Out Program shall offer a retirement incentive of $500 for each full year of creditable service towards retirement. The retirement incentive will be paid in a lump sum to be paid within fiscal year 2008.

“(4) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(5) No incentive pay shall be paid to:

“(A) An employee who retires under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) of the Civil Service Retirement System, or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) A person employed as a reemployed annuitant under the provisions of 5 U.S.C. § 8344 who separates from District service, whether or not he or she applies for a re-computation of his or her annuity;

“(C) An employee who is receiving disability compensation under Title XXIII of the CMPA who retires and who elects to remain on disability compensation in lieu of retirement annuity;

“(D) An employee serving under a time-limited appointment;

“(E) An employee who receives a proposal or a final decision notice of removal for cause;

“(F)(i) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after pleas of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(ii) For the purposes of sub-subparagraph (i) of this sub-subparagraph, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000;

“(G) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has pled guilty or had been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor;

“(H) An employee who retires after the designated period for retirement, as applicable; and

“(I) An employee who has received written notice that his or her services are essential and are required by the agency until a specific date and who retires before the date cited in the notice.

“(6) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.”

Section 4(b) of D.C. Law 17-134 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Amendment Act of 2002 (D.C. Law 14-109, April 13, 2002, law notification 49 DCR 4057).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Act of 2002 (D.C. Law 14-279, April 2, 2003, law notification 50 DCR 3378).

Sections 2 to 7 of D.C. Law 17-171 added sections to read as follows:

“Sec. 2. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which may apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the retirement provisions of the Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code), except an employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or under the disability retirement provisions of 5 U.S.C. § 8337.

“(4) The Easy Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(7) No incentive pay shall be paid to:

“(A) An employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or the disability retirement provisions of 5 U.S.C. § 8337;

“(D) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 3. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the CMPA, the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (’Early Out Program’) which may apply to eligible employees under the personnel authority of the Mayor and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the early retirement provisions of 5 U.S.C. § 8414(b)(1)(B).

“(4) The Early Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(5) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(7) No retirement incentive pay shall be paid under this section to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336 (d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(E) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(F) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(8) For the purposes of paragraph (7)(D) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 4. Retirement incentives for employees covered under other retirement systems.

“(a) Notwithstanding section 1106 of the CMPA (D.C. Official Code § 1-611.06), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for the following employees:

“(1) Employees first employed by the District government after September 30, 1987 who have completed at least 5 years of creditable service with the District government, have vested under the Defined Contribution Plan as provided in section 2610 of the CMPA, and are separating from District government service after becoming entitled to retirement benefits under the Social Security Act; and

“(2) Employees retiring under any of the other District government retirement systems.

“(b) Retirement incentives under this section may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(c) Retirement incentives under this section shall consist of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(d) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(e) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(f) No retirement incentive under this section shall be paid to:

“(1) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(2) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(3) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(4) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(g) For the purposes of paragraph (f)(2) of this section, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(h) An employee who receives an incentive payment under this section shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(i) Notwithstanding the provisions of subsection (h) of this section, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 5. Retention award. The Mayor shall issue rules to create and implement a Retention Award for Sustained Superior Performance for up to $25,000 for the remainder of the calendar year 2008.

“Sec. 6. Not an entitlement or private right of action. No provision of this act shall be construed to create an entitlement or private right of action on the part of any District government employee with respect to the easy out retirement incentive or early out retirement incentive.

“Sec. 7. Rules. The Mayor shall issue rules to implement the provisions of sections 2, 3, 4, and 5.”

Section 9(b) of D.C. Law 17-171 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Fiscal Year 1995 Spending Reduction Conditional Approval Emergency Resolution of 1994: Pursuant to Resolution 10-423, effective August 5, 1994, the Council approved, on an emergency basis, the proposed Easy Out and Early Out Retirement Incentive Programs for Career and Excepted Service Employees under the Mayor’s personnel authority and the District of Columbia General Hospital Operational and Financial Viability Plan.

Fiscal Year 1995 Spending Reduction Amendment Approval Emergency Resolution of 1994: Pursuant to Resolution 10-455, effective November 1, 1994, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

District Government Voluntary Severance Incentive Program Approval Emergency Resolution of 1994: Pursuant to Resolution 10-490, effective December 6, 1994, the Council approved, on an emergency basis, the proposed Voluntary Severance Incentive Program for Career and Excepted Service Employees.

Metropolitan Police Department pay and benefit performance: See Historical and Statutory Notes following § 1-611.05.

Optical and dental benefits: Section 401(a) of D.C. Law 11-52 provided that the optical and dental benefits for Career and Excepted Services employees not covered by collective bargaining, approved pursuant to Resolution 6-305, are reduced to a level that will allow maximum benefits to continue within available appropriations.

Section 401(b) of D.C. Law 11-52 provided that the Mayor shall renegotiate the optical and dental benefits contract to implement subsection (a) of this section.

Contract Appeals Board Career and Excepted Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-396, effective March 3, 1998, the Council approved the compensation for the Contract Appeals Board Career and Excepted Services.

Office of Emergency Preparedness Executive Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-397, effective March 3, 1998, the Council approved the proposed compensation submitted by the Mayor for the Director of the Office of Emergency Preparedness.

Career and Excepted Service Employees Compensation System Changes for Fire Fighters Approval Emergency Resolution of 1998: Pursuant to Resolution 12-434, effective March 3, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Chief of the Metropolitan Police Department Salary Adjustment Approval Resolution of 1998: Pursuant to Resolution 12-471, effective April 21, 1998, the Council approved a salary adjustment for the Chief of the Metropolitan Police Department.

Career, Educational, and Excepted Service Nonunion Employee Emergency Compensation System Change Emergency Approval Resolution of 1998: Pursuant to Resolution 12-487, effective June 2, 1998, the Council approved, on an emergency basis, a compensation system change for Career, Educational, and Excepted Service nonunion employees.

Career and Excepted Services Compensation System Changes for Nonunion Officers and Members of the Metropolitan Police Department Emergency Approval Resolution of 1998: Pursuant to Resolution 12-506, effective May 19, 1998, the Council approved, on an emergency basis, the proposed Career and Excepted Services compensation system changes for nonunion officers and members of the Metropolitan Police Department.

Contract Appeals Board Career and Excepted Service Compensation Changes Approval Resolution of 1998: Pursuant to Resolution 12-583, effective July 7, 1998, the Council approved the proposed compensation submitted by the Mayor for Judge Jonathan D. Zischkau, Administrative Judge of the Contract Appeals Board.

Career and Expected Service Employees Compensation System Changes for Metropolitan Police Officers Emergency Approval Resolution of 1998: Pursuant to Resolution 12-558, effective June 16, 1998, the Council approved the Career and Expected Service Employees compensation system changes for the Metropolitan Police Officers.

Metropolitan Police Department Civilian Communications Supervisors Pay Increase Emergency Approval Resolution of 1998: Pursuant to Resolution 12-766, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation changes for civilian employees of the District of Columbia Metropolitan Police Department Communications Division not covered by collective bargaining.

Career and Excepted Service Employees Compensation System Changes for Firefighters Emergency Approval Resolution of 1998: Pursuant to Resolution 12-778, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Career and Expected Services Compensation System Changes for Nonunion Employees of the Commission on Mental Health Services Emergency Approval Resolution of 1998: Pursuant to Resolution 12-840, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for nonunion employees of the Commission on Mental Health Services.

Attorney Retention Allowance Compensation System Change for Attorneys in the Office of the Corporation Counsel Emergency Approval Resolution of 1998: Pursuant to Resolution 12-859, effective December 15, 1998, the Council approved, on an emergency basis, a compensation system change that authorizes the Mayor to establish and to pay an attorney retention allowance of up to 20% for series DS-905 attorneys in the Office of the Corporation Counsel.

Career and Expected Service Employees Compensation System Changes for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees Emergency Approval Resolution of Fiscal Year 1999: Pursuant to Resolution 12-846, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(7) No incentive payment shall be paid to:

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“Sec. 303. Early out retirement incentive.

“(b) The changes to the compensation system are as follows:

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(7) No incentive payment shall be paid to:

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.”

Resolutions

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.

§ 1–611.07. Executive pay plan. [Repealed]

Repealed.

§ 1–611.08. Compensation — Members of boards and commissions.

*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) Each member of any board or commission who receives compensation or reimbursement of expenses on January 1, 1980, shall receive such rates of compensation or reimbursement of expenses as are provided in existing law, rule, regulation, or order, or in this chapter, except as may be modified from time to time by rules and regulations published pursuant to subsection (b) of this section.

(a-1) Except as provided in subsection (a) of this section, members of boards and commissions shall not be compensated for time expended in the performance of official duties except as authorized by subsections (b), (c), (c-1), (c-2), and (c-3) of this section.

(b) The Mayor of the District of Columbia is authorized to establish by rule and regulation the standards for, and rates of, compensation or reimbursement of expenses for members of any board or commission, including any board or commission established after January 1, 1980. Any such rules and regulations proposed by the Mayor shall be transmitted to the Council of the District of Columbia for a 30-day (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) review period. Such rules and regulations shall become effective only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) from the date of the Mayor’s submission, a resolution disapproving such rules and regulations in whole or in part. Notwithstanding the provisions of § 1-604.05, rules and regulations published under this subsection shall be effective no earlier than 30 days after their publication in the District of Columbia Register.

(c) Members of the following boards and commissions shall be entitled to compensation in the form of a salary as currently authorized by law:

(1) Public Service Commission;

(2) Contract Appeals Board;

(3) Rental Housing Commission;

(4) Repealed.

(5) Board of Ethics and Government Accountability; and

(6) Full-time members of the Real Property Tax Appeals Commission.

(c-1) Members of the following boards and commissions shall be entitled to compensation in the form of an hourly rate of pay as follows:

(1) Board of Zoning Adjustment members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each board member per year;

(2) Office of Employee Appeals members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each member per year;

(3) District of Columbia Retirement Board Members shall be entitled to compensation as provided in § 1-711(c);

(4) Police and Firefighters Retirement and Relief Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $8,000 for each board member per year;

(5) Public Employee Relations Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each board member per year;

(6) Zoning Commission members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each commission member per year;

(7) Historic Preservation Review Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $3,000 for each board member per year;

(8) Alcoholic Beverage and Cannabis Board members shall be entitled to:

(A) Compensation at the hourly rate of $50 for time spent in performance of duties at meetings, not to exceed $18,000 for each member per year; and

(B) A stipend of $250 per week for each member for their service on the board, except for the Chairperson, who shall be entitled to a stipend of $350 per week;

(9) Part-time members of the Real Property Tax Appeals Commission shall be entitled to compensation at the hourly rate of $50 for time spent in performance of duties at meetings; and

(10) District of Columbia Board of Elections members shall be entitled to compensation at the hourly rate of $40 while actually in the service of the board, not to exceed the $12,500 for each member per year and $26,500 for the Chairperson per year.

(11) Repealed.

(c-2) Members of the following boards and commissions shall be entitled to compensation in the form of stipend as follows:

(1) Each Commissioner, other than the ex officio Commissioner and the Chairperson, of the Board of Commissioners of the District of Columbia Housing Authority shall be entitled to a stipend of $4,000 per year for their service on the board; the Chairperson shall be entitled to a stipend of $6,000 per year. Each Commissioner also shall be entitled to reimbursement of actual travel and other expenses reasonably related to attendance at board meetings and fulfillment of official duties. Stipends and reimbursements shall be made at least quarterly; provided, that all stipends shall be paid from non-District funds;

(2) Each member of the Higher Education Licensure Commission shall be entitled to a stipend of $8,000 per year for their service on the commission. Each member also shall be entitled to reimbursement of actual travel and other expenses reasonably related to the performance of the duties of the commission while away from their homes or regular places of business;

(3) Repealed.

(4) Community representatives of the For-Hire Vehicle Advisory Council shall be entitled to compensation of $50 per meeting, up to a maximum of $1,350 per member per annum;

(5) Each member of the Interagency Council on Homelessness ("Council") appointed pursuant to § 4-752.01(b)(5) may receive compensation in the form of a stipend of not more than $50 per meeting of the Council, meeting of a committee of the Council, or meeting of a formal working group of the Council, in accordance with standards the Mayor may establish by rulemaking;

(6) Each member of an advisory panel appointed pursuant to § 39-204(6) may receive compensation from the Commission in the form of a stipend of up to $250 for each day the panel convenes to review applications[;]

(7) Repealed.

[(8)] Each member of the Food Policy Council ("FPC") appointed pursuant to § 48-313, may receive compensation in the form of a stipend of not more than $100 per meeting of the FPC or meeting of a formal working group of the FPC, in accordance with standards the Mayor may establish by rulemaking.

[(9)] Not Funded.

(c-3) Chairpersons of the boards and commissions specified in subsections (c-1) and (c-2) of this section who are public members shall be entitled to an additional compensation of 20% above the annual maximum.

(d) Members of boards and commissions shall not be entitled to reimbursement for expenses unless specifically authorized by law; except, that transportation, parking, or mileage expenses incurred in the performance of official duties may be reimbursed, not to exceed $15 per meeting or currently authorized amounts, whichever is less.

(e) The Mayor shall conduct a comprehensive study of the compensation and stipend levels of the District’s boards and commissions, recognizing the different characteristics of these entities, and examining the best practices in the compensation and stipend policies of surrounding and comparable jurisdictions. Based on this study, the Mayor shall provide a report to the Council by December 31, 2002, with recommendations for a rational compensation and stipend policy applicable to boards and commissions, including any recommendations for changes in specific compensation and stipend levels that could be addressed in the FY 2004 budget and financial plan.

(Mar. 3, 1979, D.C. Law 2-139, § 1108, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(k), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 801(b), 42 DCR 3684; Mar. 20, 1998, D.C. Law 12-60, § 101, 44 DCR 7378; Nov. 29, 1999, 113 Stat. 1515, Pub. L. 106-113, § 119(b); Oct. 20, 1999, D.C. Law 13-38,§ 302, 46 DCR 6373; May 3, 2001, D.C. Law 13-298, § 201, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, §§ 2403, 2502, 2603, 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 102(b), 51 DCR 6525; Dec. 7, 2004, D.C. Law 15-205, § 1212, 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 5(b), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 120(b), 52 DCR 10637; Sept. 19, 2006, D.C. Law 16-159, § 3, 53 DCR 5385; Mar. 25, 2009, D.C. Law 17-361, § 3, 56 DCR 1204; Apr. 8, 2011, D.C. Law 18-363, § 3(b), 58 DCR 963; Sept. 20, 2012, D.C. Law 19-168, § 1132, 59 DCR 8025; Mar. 10, 2015, D.C. Law 20-198, § 2(b), 61 DCR 12450; May 2, 2015, D.C. Law 20-271, § 241, 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 2202, 62 DCR 10905; Feb. 27, 2016, D.C. Law 21-74, § 3, 63 DCR 252; June 22, 2016, D.C. Law 21-124, § 501(b), 63 DCR 7076; Dec. 13, 2017, D.C. Law 22-33, §§ 1032, 1052, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1082(e), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-224, § 3, 66 DCR 187; Mar. 13, 2019, D.C. Law 22-250, § 4(d), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 5012, 66 DCR 8621; Feb. 21, 2020, D.C. Law 23-51, § 3, 67 DCR 13; Dec. 3, 2020, D.C. Law 23-149, § 1102, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, §§ 2003, 3022, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 2093, 69 DCR 009223; Apr. 21, 2023, D.C. Law 24-348, § 4(d), 70 DCR 937; Sept. 6, 2023, D.C. Law 25-50, § 6002, 70 DCR 10366; Oct. 5, 2023, D.C. Law 25-63, § 5, 70 DCR 9691.)

Prior Codifications

1981 Ed., § 1-612.8.

1973 Ed., § 1-341.8.

Section References

This section is referenced in § 1-137.02, § 1-321.01, § 1-602.02, § 1-603.01, § 1-606.01, § 1-611.12, § 1-611.52, § 1-612.03, § 1-1001.04, § 1-1162.05, § 2-1404.03, § 3-604, § 3-1204.06, § 3-1442, § 32-1106, § 32-1542.01, § 38-827.02, § 38-1304, § 39-104, § 44-403, § 45-301, § 47-463, § 47-2853.09, § 47-3601, § 50-305, and § 50-503.

Effect of Amendments

Public Law 106-113 rewrote subpar. (c)(2)(F), which previously read:

“Redevelopment Land Agency members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $1,200 for each member per year.”

D.C. Law 13-38, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$6,000” for “$3,000”.

D.C. Law 13-298, in subpar. (c)(2)(I), substituted “$6,000” for “$2,500”.

D.C. Law 14-190, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$12,000” for “$6,000”; in subpar. (c)(1)(E), substituted “Chairperson, and public and industry members” for “Chairperson”; added subpar. (c)(2)(K); and added subsec. (e).

D.C. Law 15-187, in subpar. (c)(2)(I), substituted “$12,000” for “$6,000”.

D.C. Law 15-205, in subpar. (H) of par. (2) of subsec. (c), substituted “3,000” for “1,800”.

D.C. Law 15-354, in subsec. (c)(1)(E), validated a previously made technical correction.

D.C. Law 16-91, in subpar. (c)((2)(I), validated a previously made technical correction.

D.C. Law 16-159 repealed subsec. (c)(2)(E) which had read as follows: “(E) Board of Real Property Assessments and Appeals members shall be entitled to compensation at the hourly rate of 25 per meeting.”

D.C. Law 17-361, in subsec. (c)(2)(I), substituted “$40” for “$25” and substituted “$15, 000” for “$12,000”.

D.C. Law 18-363, in subsec. (c)(2)(J), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “Board of Real Property Assessments and Appeals”.

The 2012 amendment by D.C. Law 19-168 added (c)(2)(L).

The 2015 amendment by D.C. Law 20-198 substituted “Police and Firefighters Retirement and Relief Board” for “Police and Firemen's Retirement and Relief Board” in (c)(2)(C).

The 2015 amendment by D.C. Law 20-271 rewrote (c) and (d); and added (a-1), (c-1), (c-2), and (c-3).

The 2015 amendment by D.C. Law 21-36, in (c-2)(1), substituted “$ 4,000” for “$ 3,000,” substituted “$ 6,000” for “$ 5,000,” and added “provided, that all stipends shall be paid from non-District funds.”

The 2016 amendment by D.C. Law 21-74, in (c-2)(2), substituted “Higher Education Licensure Commission” for “Education Licensure Commission” and substituted “$8,000” for “$4,000.”

Cross References

Board of consumer claims arbitration, compensation, see § 50-503.

Board of elections and ethics, compensation, see § 1-1001.04.

Board of library trustees, compensation, see § 39-104.

Board of real property assessments and appeals, compensation, see § 47-825.01.

Board of veterinary examiners, compensation, see § 3-505.

Boxing and wrestling commission, member compensation, see § 3-604.

Education licensure commission, compensation, see § 38-1304.

Employee deferred compensation program, employee eligibility, treatment of benefits, authorization of program, see § 47-3601.

Health occupations, members of health occupation boards and advisory committees, compensation, see § 3-1204.06.

Law revision commission, compensation, see § 45-301.

Mayor’s authority to determine honorariums, “honorariums” defined, see § 1-321.01.

Occupational safety and health commission, compensation, see § 32-1106.

Public fund for drug prevention and children at risk, compensation, see § 47-4003.

Statewide health coordinating council, reimbursement of certain member expenses, see § 44-403.

Taxation, non-health related occupations and professions licensure, establishment of boards, compensation, see § 47-2853.09.

Taxicab commission, compensation, see § 50-305.

Tax revision commission, reimbursement of certain member expenses, see § 47-463.

Workers’ compensation insurance study commission, establishment, see § 32-1542.01.

Applicability

Section 7 of D.C. Act 25-138 provided that the amendments made to this section by D.C. Act 25-138 shall apply as of October 1, 2023. D.C. Act 25-138 will expire before that date.

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 4(d) of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(d) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5 of Office of Administrative Hearings Jurisdiction Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-231, Oct. 11, 2023, 70 DCR 13773).

For temporary (90 days) amendment of this section, see § 5 of Office of Administrative Hearings Jurisdiction Emergency Amendment Act of 2023 (D.C. Act 25-138, June 27, 2023, 70 DCR 9069).

For temporary (90 days) amendment of this section, see § 2093 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 3022 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2003 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 801 of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 801 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 801 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 5012 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 5012 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 1082(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1032 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 101 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 101 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Congressional Adjournment Emergency Act of 1997 (D.C. Act 12-11, March 3, 1997, 44 DCR 1741), and see § 3 of the Real Property Tax Reassessment Second Emergency Act of 1997 (D.C. Act 12-244, January 13, 1998, 45 DCR 652).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-293, February 27, 1998, 45 DCR 1758).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment and Cold Weather Eviction Emergency Amendment Act of 1999 (D.C. Act 13-18, February 17, 1999, 46 DCR 2354).

For temporary (90-day) amendment of section, see § 302 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) amendment of section, see §§ 2303, 2402, and 2503 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 2202 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 5 of Office of Administrative Hearings Jurisdiction Temporary Amendment Act of 2023 (D.C. Law 25-63, Oct. 5, 2023, 70 DCR 9691).

For temporary (225 days) amendment of this section, see § 801 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 day) amendment of section, see § 801 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

For temporary (225 day) amendment of section, see § 2 of Real Property Tax Reassessment Temporary Act of 1996 (D.C. Law 11-207, April 9, 1994, law notification 44 DCR 2402).

For temporary (225 day) amendment of section, see § 101 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment Temporary Amendment Act of 1998 (D.C. Law 12-125, June 10, 1998, law notification 45 DCR 5883).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment and Cold Weather Eviction Temporary Act of 1999 (D.C. Law 13-1, May 20, 1999, law notification 46 DCR 5301).

For temporary (225 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).

Short Title

Short title of title XXV of Law 14-190: Section 2501 of D.C. Law 14-190 provided that title XXV of the act may be cited as the Boards and Commissions Compensation Study Amendment Act of 2002.

Short title of subtitle T of title I of Law 15-205: Section 1211 of D.C. Law 15-205 provided that subtitle T of title I of the act may be cited as Historic Preservation Review Board Stipends Amendment Act of 2004.

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.

§ 1–611.09. Compensation — Mayor and members of Council; Attorney General.

(a) Repealed.

(a-1) In accordance with § 1-204.21(d), effective January 2, 2023, the Mayor shall receive annual compensation in the amount of $250,000, which shall be payable in equal and periodic installments. The compensation shall not be subject to step, cost of living, or other increases.

(b)(1) Members of the Council shall receive compensation in the amount of $115,000 per year; except that the Chairman shall receive compensation pursuant to § 1-204.03(d), which shall be payable in equal and periodic installments. The compensation shall be subject to cost of living increases, but not to step or other increases. For the purposes of this section “cost of living increases” means the Consumer Price Index for all Urban Consumers (all items Washington D.C. Standard Metropolitan Statistical Area average), published on January 1 of each year.

(2) In determining the proper salary level of the Council, the Council shall consider at a minimum:

(A) The salary level of executive agency heads;

(B) Pay increases for nonunion employees of the District;

(D) The recommendations of the Mayor and Council Compensation Advisory Commission established by subchapter XI-A of this chapter.

(b-1) In accordance with § 1-301.85, the Attorney General shall receive compensation in an amount equal to the Chairman of the Council.

(d) In determining the proper compensation level for the Mayor, the Council shall consider the recommendations of the Mayor and the Council Compensation Advisory Commission established by subchapter XI-A of this chapter.

(Mar. 3, 1979, D.C. Law 2-139, § 1109, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, §§ 2, 3(a), 33 DCR 7232; Mar. 16, 1995, D.C. Law 10-225, § 2, 41 DCR 8132; June 10, 1998, D.C. Law 12-124, § 101(n)(5), 45 DCR 2464; Oct. 20, 1999, D.C. Law 13-38, § 502, 46 DCR 6373; Apr. 7, 2006, D.C. Law 16-91, § 110(d), 52 DCR 10637; Mar. 14, 2007, D.C. Law 16-295, § 2(a), 54 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(e), 62 DCR 10905; Feb. 22, 2019, D.C. Law 22-221, § 2, 65 DCR 13722; Feb. 23, 2023, D.C. Law 24-280, § 2, 70 DCR 162.)

Prior Codifications

1981 Ed., § 1-612.9.

1973 Ed., § 1-341.9.

Section References

This section is referenced in § 1-123, § 1-602.02, § 1-611.53, § 1-636.02, and § 3-1303.

Effect of Amendments

D.C. Law 13-38 rewrote subsec. (b), which previously read:

“The Chairman of the Council shall receive compensation in an amount equivalent to the highest rate of basic pay authorized for an executive agency head, which shall be made in equal and periodic installments. Each member of the Council other than the chairman shall be paid at an annual rate of $10,000 less than the annual compensation established for the Chairman.”

Section 503 of D.C. Law 13-38 repealed the “Councilmembers’ Salary Freeze Amendment Act of 1994” (D.C. Law 10-225).

D.C. Law 16-91, in par. (b)(1), substituted “pursuant to § 1-204.03(d)” for “in the amount of $102,530 per year”.

D.C. Law 16-295 added (a-1), (b)(2)(D) and (d) and made related changes; and rewrote (b)(1).

The 2015 amendment by D.C. Law 21-36 added (b-1).

Cross References

Lottery and charitable games control board, executive director and deputy director, limitations on compensation, see § 3-1303.

Members of Congress, limitations on compensation, see § 1-123.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Salary Adjustment Emergency Amendment Act of 2022 (D.C. Act 24-698, Dec. 8, 2022, 69 DCR 15136).

For temporary amendment of section, see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 502 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) repeal of D.C. Law 10-225, see § 503 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 days) amendment of this section, see §§ 3 and 5 of the Chief Financial Officer Compensation Emergency Act of 2013 (D.C. Act 20-140, July 31, 2013, 60 DCR 11792, 20 DCSTAT 1984).

For temporary (90 days) amendment of this section, see § 1033(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Councilmembers’ Salary Freeze Temporary Amendment Act of 1994 (D.C. Law 10-168, August 27, 1994, law notification 41 DCR 6403).

For temporary (225 day) amendment of section, see § 2(d) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 days) addition of D.C. Law 2-139, § 1109a, see §§ 3 and 4 of the Chief Financial Officer Compensation Temporary Amendment Act of 2013 (D.C. Law 20-44, October 24, 2013, 60 DCR 14957).

Editor's Notes

Request for Congressional action: Pursuant to § 5 of D.C. Law 10-168 and § 5 of D.C. Law 10-225 the Council requested that the United States Congress enact legislation to repeal § 1-204.03(c).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.

§ 1–611.10. Compensation — Members of the State Board of Education.

(a) Notwithstanding any other provision of law, each member of the State Board of Education ("SBOE") shall, in 2024, receive an annual salary of $20,000; except, the President of the SBOE shall, in 2024, receive an annual salary of $21,000. In each subsequent year, the annual salary of each member and the President of the SBOE shall be increased by a percentage equal to the percentage by which the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan Statistical Area (or such successor metropolitan statistical area that includes the District) increased in the prior calendar year.

(b) The salaries of the members and President of the SBOE shall not be subject to step increases or any other increase not provided for by this section.

(Mar. 3, 1979, D.C. Law 2-139, § 1110, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, § 3(b), 33 DCR 7232; Apr. 9, 1997, D.C. Law 11-198, § 301(a), 43 DCR 4569; Sept. 6, 2023, D.C. Law 25-50, § 4042, 70 DCR 10366.)

Prior Codifications

1981 Ed., § 1-612.10.

1973 Ed., § 1-341.10.

Section References

This section is referenced in § 1-602.02 and § 38-2651.

Cross References

Board of education, limitations on member compensation, see § 1-204.95.

Applicability

Section 4043 of D.C. Law 25-50 provided that the amendments made to this section by § 4042 of D.C. Law 25-50 shall apply as of January 1, 2024.

Section 4043 of D.C. Act 25-172 provided that the amendments made to this section by § 4042 of D.C. Act 25-172 shall apply as of January 1, 2024.

Emergency Legislation

For temporary amendment of section, see § 301(a) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

Section 1001 of D.C. Act 12-2 provided for the application of the act.

Temporary Legislation

For temporary (225 day) amendment of section, see § 301(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Editor's Notes

Application of 11-198: Section 1001 of D.C. Law 11-198 provided that Titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.

§ 1–611.11. Classification and compensation policies and procedures for educational employees.

(a) The classification of all positions in the Educational Service shall be in accordance with the policies of § 1-611.01.

(a-1) Notwithstanding any other provision of law, rule, or regulation:

(1) Except for the Chancellor and any Excepted Service employees appointed pursuant to § 1-609.03(a)(4), every employee of the District of Columbia Public Schools shall be:

(A) Classified as an Educational Service employee;

(B) Placed under the personnel authority of the Mayor; and

(2) Repealed.

(3) Except for the State Superintendent of Education and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of the State Superintendent of Education shall be:

(A) Classified as an Educational Service employee; and

(B) Placed under the personnel authority of the Mayor.

(b) In order to carry out the policies of subsection (a) of this section, the District of Columbia Board of Education shall, for educational employees of the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall, for educational employees of the University of the District of Columbia, provide for the development of a classification system covering all positions. The respective Boards shall provide that all positions covered by this classification system are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 calendar days prior to their proposed effective date. Each Board shall hold a public hearing on all such proposals it publishes in the District of Columbia Register prior to its adoption of a classification system or amendment to such system.

(d) Compensation for all employees in the Educational Service shall be fixed in accordance with the policies of paragraphs (1), (2), (3), (4) [(4) repealed], and (7) of subsection (a) of § 1-611.03.

(e) The new compensation systems authorized by subsection (d) of this section may include, but not be limited to, provisions for basic pay, pay increases based on quality of and length of service, premium pay, allowances, and severance pay.

(f) Each Board shall provide for appropriate consultations with employee organizations in the development of the new compensation systems.

(g)(1) Each Board shall submit to the Mayor a proposed new compensation system developed pursuant to the provisions of subsections (d) and (e) of this section. Any proposed new compensation system submitted to the Mayor by a Board as required by this subsection shall include proposed dates on which the new compensation system shall become effective. Within 20 days of the submission to the Mayor of a new compensation system proposal by a Board, the Mayor shall transmit the proposal to the Council in the form of a proposed resolution. The Mayor shall append to the proposal a statement that includes:

(A) Detailed reasons why the Mayor supports or opposes the proposal; and

(B) Any adjustments that the Mayor would like to have made to the proposal.

(2) Until the new compensation systems are approved, the compensation systems, including the salary and pay schedules in effect on December 31, 1979, shall continue in effect, provided that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(h) The Council shall consider the proposed compensation systems in accordance with its procedures.

(i)(1) Each Board shall provide for the periodic review of its basic compensation systems, in order to improve the system and provide continuing conformity with the policy established by subsection (a) of this section.

(2) These reviews of compensation shall include, but need not be limited to, a review of the adequacy of the rates of basic pay.

(3) Each Board shall provide for appropriate consultations with employee organizations of employees under their respective jurisdiction in the periodic reviews of the compensation system.

(4) Beginning with the year commencing January 1, 1982, each Board shall submit to the Council by no later than October 1st of each year all initial proposed pay changes and adjustments and other proposed changes to the compensation systems if any for approval by resolution under the provisions of this section.

(5) If the Council by resolution approves, without revision, the proposed pay changes, adjustments, or other proposed changes to the compensation system submitted by the Board of Education, such changes shall become effective on the dates specified in the resolution submitted by the Board of Education as provided in paragraph (4) of this subsection. If the Council takes no action on the Board of Education’s proposed change or changes within 60 calendar days of the submission thereof, such change or changes shall be deemed to have been approved by the Council on the day next following the expiration of such 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(6) If the Council desires to revise the proposal from the Board of Education, then, within the 60 calendar days for Council review, the Council may not only disapprove the proposal by resolution according to paragraph (5) of this subsection, but may, also, inform the Board of the Council’s suggested revisions to the proposal and, subsequently, the Board may submit a new proposal.

(7) No pay increase for employees of the Board of Education shall vest unless funds for such pay increase are identified in the transmittal from the Board of Education to the Council concerning such increase.

(8) If the Council by resolution approves pay changes, adjustments, and other changes in a compensation system proposed by the Board of Trustees of the University of the District of Columbia, such changes shall become effective on the dates specified in the resolution submitted by the Board of Trustees as provided in paragraph (5) of this subsection. If the Council takes no action on the proposed change submitted by the Board of Trustees of the University of the District of Columbia within 60 calendar days of the submission thereof, such changes shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(9) If the Council disapproves the change or changes proposed by the Board of Trustees of the University of the District of Columbia, pursuant to paragraph (8) of this subsection, the Board may submit a new proposal.

(10) Repealed.

(11) Repealed.

(j) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(3) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1111, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(l), 27 DCR 2632; Mar. 5, 1981, D.C. Law 3-150, § 3, 27 DCR 4900; Mar. 16, 1982, D.C. Law 4-78, § 8(b)-(d), 29 DCR 49; Aug. 1, 1985, D.C. Law 6-15, § 7(e), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(o), 33 DCR 7241; May 10, 1989, D.C. Law 7-231, § 3(1), 36 DCR 492; Mar. 15, 1990, D.C. Law 8-94, § 2(d), 37 DCR 782; July 13, 1991, D.C. Law 9-12, § 2(b), 38 DCR 3376; Mar. 5, 1996, D.C. Law 11-98, § 301(d), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 302(n), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(6), 45 DCR 2464; Mar. 20, 2008, D.C. Law 17-122, § 2(c), 55 DCR 1506; Mar. 26, 2008, D.C. Law 17-135, § 2(b), 55 DCR 1683; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(b), 4019(b), 55 DCR 7598; Sept. 26, 2012, D.C. Law 19-171, § 9(d), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-612.11.

1973 Ed., § 1-341.11.

Section References

This section is referenced in § 1-602.02, § 1-603.01, § 1-604.04, § 1-611.01, § 38-2021.13, and § 38-2023.16.

Effect of Amendments

D.C. Law 17-122 rewrote subsec. (a-1).

D.C. Law 17-135, in subsec. (d), substituted “and (7)” for “and (6)”.

D.C. Law 17-219, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

D.C. Law 17-219 repealed subsec. (a-1)(2); and, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

The 2012 amendment by D.C. Law 19-171 substituted “Superintendent of Education” for “Superintendent for Education” twice in the introductory language of (a-1)(3).

Cross References

Retirement of public school teachers, compensation and salaries, see § 38-2023.16.

Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 2(b) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) amendment of section, see § 2(c) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(b) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

For temporary (225 day) amendment of section, see § 502 of Budget Support Temporary Act of 1995 (D.C. Law 11-78, January 26, 1996, law notification 43 DCR 650).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(b) of D.C. Law 16-64, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 16-299, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 17-101, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

University within-grade salary freeze: Section 1101 of D.C. Law 11-52 provided for the prohibition on the receipt of within-grade salary increases for employees of the University of the District of Columbia for 1 year following the effective date of the Fiscal Year 1995 Supplemental Budget and Rescissions of Authority Request Act of 1994 (D.C. Act 10-400).

For temporary prohibition on the receipt of within-grade salary increases by employees of the University of the District of Columbia, see § 1101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.

§ 1–611.12. Compensation for members of the Public Employee Relations Board.

(a) Notwithstanding any other provision of this subchapter, members of the Public Employee Relations Board shall receive compensation at the rate of $250 per day, or $31.25 per hour, whichever is less, while in the service of the said Board. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period.

(b) During the transition period a person serving on both the Board of Labor Relations and the Public Employee Relations Board shall receive compensation as provided in subsection (a) of this section.

§ 1–611.13. Pay setting for fire fighters, police officers and teachers for the fiscal year ending September 30, 1979, and September 30, 1980.

(a)(1) The Mayor of the District of Columbia shall ascertain the average percentage increase to be used by the President of the United States in adjusting rates of pay (to be effective October 1, 1978, and October 1, 1979, respectively) under § 5305(a)(2) of Title 5 of the United States Code, or whether the President of the United States intends to submit to the United States Congress an alternative plan with respect to pay adjustments under § 5305(c) of Title 5 of the United States Code, and the contents of the alternative plan of the President of the United States.

(2) The Mayor of the District of Columbia shall then adjust the rates of pay in each class and service step on the salary schedule in § 5-541.01(a) and in § 38-1963 [repealed], on the 1st pay period after October 1, 1978, and October 1, 1979, respectively, to reflect the average percentage increase given to General Schedule employees. If the alternative plan of the President of the United States becomes effective as provided in § 5305 of Title 5 of the United States Code, the Mayor of the District of Columbia shall adjust the rates of pay to reflect the average percentage increase given to General Schedule employees under such alternative plan. If the alternative plan of the President of the United States is disapproved by the United States Congress, the Mayor of the District of Columbia shall adjust such rates of pay to reflect the average percentage increase of the Presidential adjustments of rates of pay under 5 U.S.C. § 5305(m).

(3) The adjustments in the rates of pay made by the Mayor of the District of Columbia under this section shall be effective on and payable for the 1st day of the 1st pay period beginning on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later.

(b) The rates of pay, which become effective under this section, shall be the rates of pay for each class and service step concerned, as if those rates had been set by statute, and shall remain in effect until amended by the Council of the District of Columbia.

(c) The rates of pay established under this section shall supersede and render inapplicable those corresponding rates of pay set prior to the effective date of the rates of pay set under this section.

(d) The rates of pay that take effect under this section shall be published in the District of Columbia Register.

(e)(1) Retroactive compensation or salary shall be paid by reason of the amendments made by this chapter only in the case of an individual in the service of the District of Columbia government, the Board of Education of the District of Columbia, or of the United States (including service in the armed forces of the United States) on the effective date of this section: Except, that such retroactive compensation or salary shall be paid:

(A) To any employee covered by this section who retired during the period beginning on the 1st day of the 1st pay period which began on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter for services rendered during such period; and

(B) In accordance with the provisions of subchapter VIII of Chapter 55 of Title 5 of the United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on the 1st pay period which began on or after October 1, 1978, or October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter by any such employee who dies during such period.

(2) For the purpose of this subsection, service in the armed forces of the United States in the case of an individual relieved from training and service in the armed forces of the United States, or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia.

(3) For the purpose of determining the amount of insurance for which an individual is eligible under the provisions of Chapter 87 of Title 5 of the United States Code (relating to government employees’ group life insurance), all changes in rates of compensation or salary which result from the enactment of this chapter shall be held and considered to be effective as of the effective date of this chapter.

(f) The process, as set forth in subsection (a) of this section, whereby the salaries of the District of Columbia police, fire fighters, and teachers are adjusted in accordance with the rates of pay for federal General Schedule employees, shall be in effect only for the period commencing on October 1, 1978, and ending on September 30, 1980.

§ 1–611.14. Classification policy; grade levels; publication required; public hearing.

(a) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, the basic pay for an employee in the Career or Excepted Service shall not exceed $50,112.50 per annum.

(b) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, or until an executive pay plan is established by the Council pursuant to § 1-610.33, the basic pay for an employee in the Executive Service shall not exceed $50,112.50 per annum.

(c) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for an employee of the Board of Education shall not exceed $50,112.50 per annum: Except, that of the Superintendent of Schools, which shall not exceed $55,400.00 per annum.

(d) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for educational employees under the Board of Trustees of the University of the District of Columbia whose basic pay as of September 30, 1980, is $50,112.50 per annum or above shall not be increased, nor shall the basic rate of pay of an employee whose basic pay is less than $50,112.50 per annum be paid at a rate in excess of that amount.

§ 1–611.15. Waiver of compensation.

An individual officer or employee of the District of Columbia government entitled to compensation under this subchapter may decline to accept all or any part of such compensation by a waiver signed and filed with the Director of Personnel. The waiver may be revoked in writing at any time. Payment of the compensation waived may not be made for the period during which the waiver was in effect.

§ 1–611.16. Pay limitations under other laws.

(a) Notwithstanding the provisions of § 2-1605 or § 23-1306, or any other provision or law, no employee of the District of Columbia government shall be authorized to receive pay in excess of that provided for in this subchapter, and any such provision of law that is inconsistent with this section shall be deemed superseded to the extent of such inconsistency.

(b) No employee of the District of Columbia shall be paid at an annualized rate that is higher than the maximum salary for the highest pay grade for which the employee’s position is classified.

(Mar. 3, 1979, D.C. Law 2-139, § 1117; as added June 11, 1981, D.C. Law 4-7, § 2, 28 DCR 1672; Apr. 12, 2000, D.C. Law 13-91, § 104(b), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(i), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.16.

Section References

This section is referenced in § 1-1001.05 and § 1-1162.06.

Effect of Amendments

D.C. Law 13-91 deleted “§ 2-309, § 2-327(a),” preceding “§ 1-2705,”.

D.C. Law 19-115 designated the existing text as subsec. (a); and added subsec. (b).

Cross References

Board of elections and ethics, powers and duties, see § 1-1001.05.

§ 1–611.17. Employee deferred compensation program established.

There is established an employee deferred compensation program as provided in the Deferred Compensation Act of 1984.

§ 1–611.18. Housing bonus; District of Columbia employees. [Repealed]

Repealed.

§ 1–611.19. Pre-tax benefits programs.

(a)(1) The Mayor may establish certain tax-favored and pre-tax benefits programs as are allowed by the Internal Revenue Code of 1954 (26 U.S.C. § 1 et seq.) and the regulations and interpretations thereunder, including sections 120, 125, 127, 129, and 132 of the Internal Revenue Code.

(2) Employee contributions to benefits programs established pursuant to this chapter, including the District of Columbia Employees Health Benefits Program, may be made on a pre-tax basis in accordance with the requirements of the Internal Revenue Code and, to the extent permitted by the Internal Revenue Code, such pre-tax contributions shall not effect a reduction of the amount of any other retirement, pension, or other benefits provided by law. To the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall be included in the employee’s contributions to existing life insurance, retirement system, and for any other District government program keyed to the employee’s scheduled rate of pay, but shall not be included for the purpose of computing federal or District income tax withholdings, including F.I.C.A., on behalf of any such employee.

(b) The Mayor may enter into an agreement with any personnel authority, as defined in § 1-604.06(b), or independent agency to establish eligibility to participate in any benefits program established under this section.

(c) The Mayor may select one or more contractors to provide such services as may be required to implement any tax-favored program or pre-tax benefits programs in accordance with the provisions of Chapter 3 of Title 2.

(d) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. The proposed rules 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 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.

§ 1–611.20. Mandatory direct deposit.

(a) Notwithstanding any other provision of law, the only method for the receipt of salary, wages, or any other compensation, and retirement payments by any District of Columbia employee or retiree, whether compensated by the District with District funds or federal funds, shall consist of one of the following:

(1) Direct deposit through electronic funds transfer to a checking, savings, or account designated by the employee or retiree; or

(2) The delivery of the check by U.S. mail to the employee’s or retiree’s place of residence.

(b) The Mayor is authorized to issue rules to implement this section.

(March 3, 1979, D.C. Law 2-139, § 1120; as added Mar. 20, 1998, D.C. Law 12-60, § 601, 44 DCR 7378; Nov. 19, 1997, 111 Stat. 2185, Pub. L. 105-100,§ 156.)

Prior Codifications

1981 Ed., § 1-612.20.

Emergency Legislation

For temporary addition of section, see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Emergency Amendment Act of 1997 (D.C. Act 12-120, August 1, 1997, 44 DCR 4643), and see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-178, October 30, 1997, 44 DCR 6946).

For temporary addition of section, see § 601 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6197), and see § 601 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Temporary Legislation

For temporary (225 day) addition of section, see § 2(a) of Comprehensive Merit Personnel Act Pilot Program Temporary Amendment Act of 1997 (D.C. Law 12-47, April 27, 1998, law notification 45 DCR 1508).

For temporary (225 day) addition, see § 601 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.

§ 1–611.21. Personnel authority pilot programs.

(a) Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with § 1-204.22, the Mayor may implement pilot personnel programs in the areas of classification and compensation in the Department of Employment Services, the Department of Recreation and Parks and the Office of Personnel. Pilot programs may be established during any control period as defined in § 47-393, to help ensure successful implementation of the transformation of the District government workforce.

(b) The Mayor may issue rules and regulations to implement these programs.

(Mar. 3, 1979, D.C. Law 2-139, § 1121; as added June 10, 1998, D.C. Law 12-124, § 101(n)(7), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-612.21.

References in Text

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

Editor's Notes

Construction of Law

Construction of Law 12-124

Subchapter XI-A. Mayor and Council Compensation Advisory Commission.

§ 1–611.51. Establishment of the Mayor and Council Compensation Advisory Commission.

The Mayor and Council Compensation Advisory Commission (“Commission”) is established to determine the proper compensation of elected officials in the District of Columbia.

§ 1–611.52. Composition and term.

(a) The Commission shall consist of 5 voting members and one nonvoting member as follows:

(1) Two members appointed by the Mayor with the advice and consent of the Council;

(2) Three members appointed by the Council by resolution; and

(3) The Director of the Office of Personnel, or his or her designee, as an ex officio nonvoting member.

(b) The Chairperson of the Commission shall be selected the voting members.

(c) Commission members shall serve a 3-year term; except, that the terms shall be staggered such that the first member appointed by the Mayor shall serve a one-year term and the first 2 members appointed by the Council shall each serve a 2-year term, with all other and subsequent appointments serving a 3-year term. A member is eligible for reappointment.

(d)(1) Commission members shall be private citizens generally recognized for their knowledge and experience in management and compensation and have been residents of the District for at least 5 years.

(2) The Mayor, members of the Council, and officers and employees of the District of Columbia or the federal government shall not be eligible for appointment to the Commission.

(e) The Commission shall establish rules and procedures as the Commission shall determine.

(f) Any vacancy on the Commission shall be filled in the same manner as the original appointment. A person appointed to fill a vacancy shall serve the remainder of the unexpired term of the original appointee.

(g) All members of the Commission shall serve without compensation, but may be reimbursed for reasonable actual expenses incurred in the performance of official duties, pursuant to rules issued by the Mayor in accordance with § 1-611.08.

§ 1–611.53. Duties.

The Commission shall:

(1) Conduct an annual review examining the best practices in compensation and benefits for mayors and members of the Council and other elected officials in the surrounding Washington Metropolitan Area, as well as in comparable jurisdictions in the country;

(2) Study the feasibility of allowing a Councilmember to elect between engaging in employment, whether as an employee or as a self-employed individual, or holding a position other than the position as Councilmember for which the member is compensated in an amount in excess of his or her actual expenses and authorizing additional compensation for Councilmembers who agree not to engage in outside employment; and

(3) Develop recommendations for changes in compensation levels for the Mayor or Councilmembers, or a recommendation that no changes be made, based on the review and study conducted pursuant to paragraphs (1) and (2) of this section and:

(A) The duties and level of responsibilities of each position;

(B) The current compensation for the position and the length of time since the last compensation change;

(D) Salary trends for positions with analogous duties and responsibilities, both within government and in the private sector;

(E) Budget limitations;

(F) The information required by § 1-611.09(b)(2)(A) and (B); and

(G) Any other factors it considers to be reasonable, appropriate, and in the public interest.

§ 1–611.54. Reports.

(a) On February 1 of each odd numbered year, the Commission shall submit to the Council, the Mayor, and each Councilmember a draft act, together with a report explaining its recommendations regarding compensation for the Mayor, the Chairman, and individual Councilmembers; provided, that the salary of the Chairman shall be pursuant to § 1-204.03(d). The Commission shall also make the report available to the general public.

(b) The Commission may make recommendations as to salaries for other District of Columbia elected or appointed officials.

§ 1–611.55. Meetings and hearings.

(a) The Commission shall meet as frequently as the proper and efficient discharge of its duties may require. A majority of the voting members shall constitute a quorum. The Commission may act by an affirmative vote of a majority of its voting members.

(b) Other than executive sessions to consider privileged matters, the meetings of the Commission shall be open to the public. The discussion of compensation shall not be a privileged matter.

(c) An executive meeting may be convened by a vote of a majority of the voting members of the Commission, upon good cause shown.

(d) The Commission shall hold at least 2 public hearings to take public testimony on any proposed compensation changes, including from compensation experts from the public and private sectors.

(e) The Commission shall maintain minutes of the meetings.

§ 1–611.56. Powers.

(a) All offices, agencies, and instrumentalities of the District government shall fully cooperate with the Commission and provide requested information and documents.

(b) Subject to the availability of appropriations, the Commission may hire or contract for necessary staff and technical assistance or may require any office, agency, or instrumentality of the District government to provide such assistance.

§ 1–611.57. Council action.

Upon receiving the draft act and report from the Commission as required by § 1-611.54, the Chairman shall introduce the proposed legislation at the next legislative session. The Council shall hold a public hearing on the legislation within 6 months of its introduction.

Subchapter XII. Hours of Work; Legal Holidays; Leave.

§ 1–612.01. Hours of work.

(a) A basic administrative workweek of 40 hours is established for each full-time employee and the hours of work within that workweek shall be performed within a period of not more than 6 of any 7 consecutive days; except, that:

(1) The basic workweek for uniformed members of the Firefighting Division of the District of Columbia Fire Department shall not exceed 48 hours and the Division shall operate under a 2-shift system with all hours of duty of either shift being consecutive; and

(2) The basic workweek, hours of work, and tour of duty for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, that the basic work scheduling for all employees in recognized collective bargaining units to these established tours of duty shall be subject to collective bargaining, and collective bargaining provisions related to scheduling shall take precedence over conflicting provisions of this subchapter.

(b) Except when the Mayor determines that an organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, tours of duty shall be established to provide, with respect to each employee in an organization, that:

(1) Assignments to tours of duty are scheduled in advance over periods of not less than 1 week;

(2) The basic 40 hour workweek is scheduled on 5 days, Monday through Friday when practicable, and the 2 days outside the basic workweek are consecutive;

(3) The working hours in each day in the basic workweek are the same;

(4) Overtime shall be paid in accordance with Title XVII and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.);

(5) The occurrence of holidays may not affect the designation of the basic workweek; and

(6) Breaks in working hours of more than 1 hour may not be scheduled in a basic workday except under rules and regulations on flexible work schedules as provided in subsection (e) of this section.

(c) Special tours of duty, of not less than 40 hours, may be established to enable employees to take courses in nearby colleges, universities or other educational institutions that will equip them for more effective work in the District government. Premium pay may not be paid to an employee solely because his or her special tour of duty results in his or her working on a day or at a time of day for which premium pay is otherwise authorized.

(d) To the maximum extent practicable, time to be spent by an employee in a travel status away from his or her official duty station shall be scheduled within the regularly scheduled workweek of the employee.

(e) The Mayor shall issue rules and regulations governing hours of work. Such rules and regulations shall provide for the use of flexible work schedules within the 40 hour workweek when such schedules are considered both practicable and feasible.

(Mar. 3, 1979, D.C. Law 2-139, § 1201, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(p), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(o), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(o)(1), 45 DCR 2464; Apr. 12, 2005, D.C. Law 15-334, § 2(a), 52 DCR 2012; Sept. 24, 2010, D.C. Law 18-223, § 1032(a), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-613.1.

1973 Ed., § 1-342.1.

Section References

This section is referenced in § 1-623.47 and § 38-2021.08.

Effect of Amendments

D.C. Law 15-334 rewrote subsec. (a)(2) which had read as follows: “(2) The basic workweek and hours of work for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, however, that the basic work scheduling for all employees in recognized collective bargaining units shall be subject to collective bargaining, and collective bargaining agreements shall take precedence over the provisions of this subchapter.”

D.C. Law 18-223 rewrote subsec. (b)(4), which had read as follows: “(4) The basic nonovertime workday may not exceed 8 hours;”

Cross References

Retirement of public school teachers, annuities, computation, years of service, see § 38-2021.08.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Emergency Act of 2011 (D.C. Act 19-3, February 2, 2011, 58 DCR 1241).

For temporary (90 day) amendment of § 2 of D.C. Act 19-3, see § 2 of Public Safety Civilian Emergency Personnel Furlough Exemption Emergency Amendment Act of 2011 (D.C. Act 19-28, March 1, 2011, 58 DCR 2587.

For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Congressional Review Emergency Act of 2011 (D.C. Act 19-50, April 27, 2011, 58 DCR 3874).

For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Emergency Adjustment Act of 2012 (D.C. Act 19-382, June 20, 2012, 59 DCR 7760).

For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Congressional Review Emergency Adjustment Act of 2012 (D.C. Act 19-406, July 20, 2012, 59 DCR 9124).

Temporary Legislation

Sections 2 to 4 of D.C. Law 19-1 added sections to read as follows:

“Sec. 2. Furloughing of employees.

“(a)(1) Notwithstanding any other District law or regulation, and except as provided in subsection (b) of this section and section 3, the personnel authority of each subordinate and independent agency and instrumentality of the District of Columbia government shall furlough each of its full-time employees for 4 legal public holidays without pay during the fiscal year ending September 30, 2011, and each of its part-time employees with a scheduled tour of duty for the appropriate pro-rated amount of furlough hours for the 4 furlough days.

“(2) Except as provided in subsection (b) of this section, the unpaid furlough days required by this act shall be scheduled on the following legal public holidays, as that term is described in section 1202 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.02):

“(A) Washington’s Birthday, Monday, February 21, 2011;

“(B) District of Columbia Emancipation Day, Friday, April 15, 2011;

“(C) Memorial Day, Monday, May 30, 2011; and

“(D) Independence Day, Monday, July 4, 2011.

“(b)(1) Each agency and instrumentality shall furlough each covered employee on the designated legal public holidays, unless doing so:

“(A) Would impair the ability of the agency or instrumentality to fulfill its essential or emergency public health or public safety functions;

“(B) Would impair the ability of the agency or instrumentality to fulfill its mission;

“(C) Is not possible because the holiday is not part of an employee’s pay period; or

“(D) Is not legally permissible.

“(2) If a covered employee cannot be furloughed on any of the legal public holidays listed in subsection (a)(2) of this section due to any of the reasons listed in paragraph (1) of this subsection, as determined by the Mayor, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in the same pay period that does not impair the ability of the agency or instrumentality to fulfill its mission, as determined by the Mayor. The District of Columbia Public Schools shall not furlough a classroom teacher on a date when there is classroom instruction during an instructional period.

“(3)(A) Notwithstanding paragraphs (1) and (2) of this subsection, the 4 furlough days required under subsection (a) of this section may be scheduled on alternate dates in the same or subsequent pay periods for covered employees, including correctional officers, working in an agency listed in this paragraph; provided, that each of the covered employees is furloughed the required 4 days by July 31, 2011. This paragraph shall apply to the:

“(i) Department of Youth Rehabilitation Services employees at the Youth Services Center and at New Beginnings;

“(ii) Department of Corrections correctional personnel at the Central Detention Facility;

“(iii) Office of Unified Communications employees; and

“(iv) Office of the Chief Medical Examiner employees.

“(B) The Mayor shall have discretion in the application of the furlough provided under this paragraph.

“(c) To the extent possible, employees who are newly hired after any of the 4 legal public holidays designated as furlough days shall be furloughed during the same pay period of the legal public holiday.

“(d) Unless a subordinate or independent agency or instrumentality has authority to adopt rules governing furloughs and has adopted such rules, each agency and instrumentality is subject to the furlough rules published at 6 DCMR B §§ 2438 through 2446 and 2499, or emergency rules published by the District of Columbia Department of Human Resources to implement the provisions of this act.

“(e)(1) Notwithstanding any other District law or regulation, each employee shall be provided not less than 15 days written notice before the employee’s first furlough date and the provision of 15 days written notice shall be sufficient notice to permit the furloughing of the employee on that first furlough date.

“(2) If an employing agency or instrumentality is unable to give notice in accordance with paragraph (1) of this subsection for the unpaid furlough day specified by subsection (a)(2)(A) of this section, or schedule the furlough day as required by this act, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in any subsequent pay period on or before July 31, 2011.

“Sec. 3. Scope of coverage.

“(a) This act shall apply to all subordinate and independent agencies and instrumentalities, except the following agencies or instrumentalities:

“(1) Not-for-Profit Hospital Corporation;

“(2) District of Columbia Housing Authority;

“(3) District of Columbia Housing Finance Agency;

“(4) Washington Convention and Sports Authority; and

“(5) District of Columbia Water and Sewer Authority.

“(b) The following positions shall be exempt from the coverage of this act:

“(1) Positions in an agency that is the subject of a court order specifically excluding the positions from furlough actions; and

“(2) Certain essential or emergency positions, as determined by the Mayor by executive order, within the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sec. 4. Transfer of funds. All furlough cost savings associated with special purpose revenue or dedicated taxes shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia.”

Section 6(b) of D.C. Law 19-1 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 1031 of D.C. Law 18-223 provided that subtitle D of title I of the act may be cited as the “Overtime Work Hours Amendment Act of 2010”.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(l)(1) of D.C. Law 12-124: Section 401(b) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(o)(1) of the act shall apply upon the enactment by the United States Congress of an amendment to 29 U.S.C. § 207 of the Fair Labor Standards Act to exempt the District of Columbia government from the applicability of the overtime provisions when employees are on a compressed work schedule up to 80 hours per pay period. Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 11-210 have not been implemented.

Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 12-124 have not been implemented.

§ 1–612.02. Legal public holidays.

(a) Legal public holidays are as follows:

(1) New Year’s Day, January 1st of each year;

(2) Dr. Martin Luther King, Jr.’s Birthday, the 3rd Monday in January of each year;

(3) Washington’s Birthday, the 3rd Monday in February of each year;

(4) Memorial Day, the last Monday in May of each year;

(4A) Juneteenth National Independence Day, June 19th of each year;

(5) Independence Day, July 4th of each year;

(6) Labor Day, the 1st Monday in September of each year;

(7) Indigenous Peoples' Day, the 2nd Monday in October of each year;

(8) Veterans Day, November 11th of each year;

(9) Thanksgiving Day, the 4th Thursday in November of each year;

(10) Christmas Day, December 25th of each year; and

(11) Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.

(b) For purposes of pay and leave with respect to a legal public holiday listed in subsection (a) of this section and any other day designated to be a legal holiday by the Mayor, the following rules and regulations shall apply:

(1) For full-time employees whose basic workweek is Monday through Friday, if a legal holiday occurs on Saturday, the Friday immediately before is a legal public holiday and if a legal holiday occurs on Sunday, the Monday immediately following is a legal public holiday;

(2) For full-time employees whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee; and

(3) For part-time employees, a legal holiday or a day designated as a holiday under paragraph (1) of this subsection which falls on the employee’s regularly scheduled workday is a legal public holiday for the employee.

(c) January 20th of each 4th year starting in 1981, Inauguration Day, is a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day. When January 20th of any 4th year falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purposes of this section.

(d) When an employee, having a regularly scheduled tour of duty is relieved or prevented from working on a day District agencies are closed by order of the Mayor, he or she is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.

(e) The Mayor shall prescribe rules and regulations governing the pay and leave of employees in connection with legal public holidays and other designated nonworkdays.

(f) The Board of Trustees of the University of the District of Columbia shall have authority to establish not more than 3 additional holidays to honor persons or events germane to academic interests.

(Mar. 3, 1979, D.C. Law 2-139, § 1202, 25 DCR 5740; Mar. 14, 1985, D.C. Law 5-155, § 2, 32 DCR 11; Feb. 24, 1987, D.C. Law 6-177, § 3(q), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(p), 43 DCR 2978; Apr. 3, 2001, D.C. Law 13-237, § 3(a), 48 DCR 597; Apr. 5, 2005, D.C. Law 15-288, § 3, 52 DCR 1441; Mar. 2, 2007, D.C. Law 16-191, § 95, 53 DCR 6794; Dec. 3, 2020, D.C. Law 23-149, § 1092, 67 DCR 10493; July 12, 2022, D.C. Law 24-147, § 102(b), 69 DCR 003386.)

Prior Codifications

1981 Ed., § 1-613.2.

1973 Ed., § 1-342.2.

Section References

This section is referenced in § 25-723 and § 38-2021.08.

Effect of Amendments

D.C. Law 13-237, in the section heading, inserted “Public”.

D.C. Law 15-288, in subsec. (c), designated the existing text as par. (1), and added par. (2).

D.C. Law 16-191, in subsec. (a), validated a previously made technical correction in par. (9), substituted “; and” for a period at the end of par. (10), and added par. (11); and, in subsec. (c), deleted the par. (1) designation and repealed par. (2), which had read as follows: “(2) April 16 of each year starting in 2005 shall be District of Columbia Emancipation Day, which shall be a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day; provided, that in 2005 and 2006, it shall be celebrated on the date of April 16 and not on the following Monday.”

Cross References

Retirement of public school teachers, annuities, computation, years of service, see § 38-2021.08.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Indigenous Peoples' Day Emergency Amendment Act of 2019 (D.C. Act 23-128, Oct. 11, 2019, 66 DCR 13532).

For temporary (90 day) amendment of section, see §§ 2 and 3 of District of Columbia Emancipation Day Emergency Amendment Act of 2005 (D.C. Act 16-66, April 20, 2005, 52 DCR 4140).

For temporary (90 day) amendment, see § 2 of District of Columbia Emancipation Day Alternate Date Emergency Amendment Act of 2005 (D.C. Act 16-148, July 26, 2005, 52 DCR 7189).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Indigenous Peoples' Day Temporary Amendment Act of 2019 (D.C. Law 23-45, Jan. 10, 2020, 66 DCR 15341).

For temporary (225 day) amendment of section, see § 2 of District of Columbia Emancipation Day Alternate Date Temporary Amendment Act of 2005 (D.C. Law 16-41, December 10, 2005, law notification 52 DCR 11037).

For temporary (225 day) addition, see § 2(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).

Effective Dates

Section 4(b) of D.C. Law 5-155 provided that §§ 2 and 3 of the act shall take effect January 1, 1986.

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–612.02a. Legal private holidays.

A legal private holiday is a day on which any paid family, vacation, personal, compensatory, leave bank or unpaid leave that has been provided by the employer may be granted pursuant to subchapter XII of this chapter and Chapter 12 of Title 32 and includes the District of Columbia Emancipation Day, April 16th of each year.

§ 1–612.03. Leave.

(a) All employees shall be entitled to earn annual and sick leave as provided herein, except:

(1) Educational employees under the Board of Education or Board of Trustees of the University of the District of Columbia. The leave system for such employees shall be established by rules and regulations promulgated by the respective Boards;

(2) An intermittent employee who does not have a regularly scheduled tour of duty;

(3) Elected officials;

(4) Members of boards and commissions whose pay is fixed under § 1-611.08;

(5) A temporary employee appointed for less than 90 days; or

(6) Repealed.

(7) Employees covered under subchapter X-A of this chapter.

(b) The days of leave are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays. The annual leave provided by this section, including annual leave that will accrue to an employee during the year, may be granted at any time during the year by the appropriate personnel authority.

(c) An employee who accepts a position excepted from these provisions under subsection (a) of this section, without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for recrediting purposes if he or she returns to a position covered by these provisions.

(d) An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments, or to have the excess leave carried forward as a charge against later accruing annual leave, unless repayment is waived as provided under subchapter XXIX of this chapter.

(e)(1) An employee is entitled to annual leave with pay which accrues as follows:

(A) One-half day for each full biweekly pay period for an employee with less than 3 years of federal or District government service;

(B) Three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of federal or District government service; and

(C) One day for each full biweekly pay period for an employee with 15 or more years of federal or District government service.

(2) For the purposes of this subsection, an employee is deemed employed for a full biweekly pay period if he or she is employed during the days within that period, exclusive of legal holidays and nonworkdays which fall within his or her basic administrative workweek. A part-time employee serving on a prearranged scheduled tour of duty is entitled to earn leave as provided above on a pro rata basis. Leave accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid based on biweekly pay periods. A change in the rate of accrual of annual leave by an employee under this subsection takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.

(f) In determining years of service for leave accrual purposes, an employee is entitled to credit for all service creditable under § 8332 of Title 5 of the United States Code for annuity purposes under Civil Service retirement. An employee who is a military retiree is entitled to credit for active military service only if his or her retirement was based on disability resulting from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by §§ 101 and 301 of Title 38 of the United States Code [revised; see now 38 U.S.C. § 1101]. The determination of years of service may be made on the basis of an affidavit of the employee.

(g) An employee whose current employment is limited to less than 90 days is entitled to annual leave only after being currently employed for a continuous period of 90 days under successive temporary appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him or her since the date of his or her initial temporary appointment.

(h) Annual leave which is not used by an employee accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a calendar year.

(1) Annual leave in excess of 30 days which was accumulated under an earlier statute remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year until the employee’s accumulated leave does not exceed 30 days.

(2) Annual leave which is lost due to administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960, exigencies of the public business when the annual leave was scheduled in advance, or sickness of the employee when the annual leave was scheduled in advance, shall be restored to the employee:

(A) Restored annual leave which is in excess of 30 days shall be credited to a separate leave account for the employee and shall be available for use by the employee for a period of 2 years. Restored leave shall be included in a lump-sum payment if unused and still available upon the separation of the employee;

(B) Annual leave otherwise accruable after June 30, 1960, which is lost because of administrative error and is not recredited because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date on which the error is discovered.

(i) When an individual who received a lump-sum payment for leave is reemployed before the end of the period covered by the lump-sum payment, except in a position excepted under subsection (a) of this section, he or she shall refund an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period.

(j) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period: Except, that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department on the basis of two-fifths of a day for each full biweekly pay period. Sick leave may not be charged to the account of a uniformed member of the Metropolitan Police Department or the Fire Department for an absence due to injury or illness resulting from the performance of duty.

(k) The annual and sick leave to the credit of a federal employee who transfers to the District government without a break in service will be transferred to the credit of the employee under the District government leave system. The annual and sick leave to the credit of an employee who transfers from a position under a different leave system(s) without a break in service shall be transferred on an adjusted basis under rules and regulations prescribed by the Mayor.

(l) An employee is entitled to leave, without loss of pay, leave, or credit for time of service, during a period of absence in which he or she is summoned, in connection with a judicial proceeding, by a court or other authority responsible for the conduct of that proceeding to serve as a juror or as a witness on behalf of any party in connection with judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party.

(m) An employee is entitled to leave without loss in pay, leave, service, or performance rating for active duty, inactive-duty training (as defined in 37 U.S.C. § 101), or to engage in field coast defense training under 32 U.S.C. §§ 502 through 505 as a reserve member of the armed forces or member of the National Guard. Leave under this subsection shall not exceed 15 calendar days per fiscal year and, to the extent that it is not used in a fiscal year, shall accumulate for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year. In the case of part-time employment, the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed above which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee during that fiscal year. The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.

(m-1) An employee who is a member of a reserve component of the armed forces, as described in 10 U.S.C. § 10101, or the National Guard, as described in 32 U.S.C. § 101 and who performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life, property, or the prevention of injury, under the following:

(1) Federal service under 10 U.S.C. §§ 331, 332, 333, or 12406 or other provision of law, as applicable, or

(2) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he or her would be otherwise entitled, and credit for service or a performance rating. Leave granted by this paragraph shall not exceed 22 workdays in a calendar year.

(m-2) Upon the request of an employee, the period for which an employee is absent to perform service described by this subsection may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave. An employee who is a member of the National Guard of the District of Columbia is entitled to leave without limitation and without loss in pay or time for each day of a parade or encampment ordered or authorized under Title 49 of the District of Columbia Official Code. This provision covers each day of service in the National Guard, or a portion thereof, that an employee is ordered to perform by the Commanding General.

(m-3) An amount (other than travel, transportation, or per diem allowance) received by an employee for military service as a member of the reserve or National Guard for a period for which he or she is entitled to military leave shall be credited against the pay payable to the employee for the same period.

(n) An employee is entitled to not more than 3 days of leave without loss of or reduction in pay, leave or service to make arrangements for or attend the funeral or memorial service for an immediate relative.

(n-1)(1) In addition to the leave authorized by subsection (n) of this section, an employee shall be entitled to 10 days of bereavement leave without loss of pay, leave, or service credit when the employee suffers a stillbirth or the employee suffers the death of the employee's child under the age of 21 years.

(2) Leave authorized by paragraph (1) of this subsection must be exercised within 60 days after the death of the employee's child or after the employee suffers a stillbirth.

(3) Leave authorized by paragraph (1) of this subsection shall not count toward the unpaid medical and family leave entitlements in subchapter I of Chapter 5 of Title 32 and shall be in addition to paid medical or family leave otherwise available to the employee under this subchapter.

(4) For the purposes of this subsection, the term:

(A) "Child" means:

(i) The biological, adoptive, or stepchild of the employee or the employee's spouse; or

(ii) A person for whom the employee stands in loco parentis.

(B) "Stillbirth" means the death of a fetus at 20 weeks' gestation or later for the following employees:

(i) An employee who was pregnant with the fetus;

(ii) An employee who is the spouse or domestic partner of the individual who was pregnant with the fetus; or

(iii) An employee who intended to assume parental responsibilities for the fetus had the fetus been born alive.

(o) The Mayor is authorized to issue necessary rules and regulations to implement the provisions of this section.

(p) In units where exclusive recognition has been granted, the Mayor or an appropriate personnel authority may enter into agreements with the exclusive bargaining agent to continue employee coverage under the provisions of this chapter while an employee(s) serves in a full-time or regular part-time capacity with a labor organization at no loss in benefits to the individual employee(s): Provided, however, that the cost to the District shall be paid by the labor organization while the employee(s) is so engaged, and: Provided, further, that this provision shall not limit the negotiability or use of official time by unit employees for the purposes of investigation, processing, and resolving grievances, complaints or any and all other similar disputes.

(q) After advising his or her supervisor, an employee is entitled to utilize up to 10 hours of administrative leave for the purpose of responding to adverse actions initiated under the provisions of subchapter XVI-A of this chapter.

(r) An employee who is a member of the District of Columbia Retirement Board shall be entitled to administrative leave, in accordance with § 1-711(c), while engaged in the actual performance of duties vested in the Board during the employee’s regularly scheduled working hours.

§ 1–612.03a. Universal leave program. [Repealed]

Repealed.

§ 1–612.03b. Donor leave.

(a) An employee shall be entitled to up to 30 days of leave to serve as an organ donor, and up to 7 days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service, in a calendar year.

(b) The provisions of subsection (a) of this section shall only apply if the employee is a volunteer donor, and any compensation received by the employee is limited to costs and expenses associated with organ or bone marrow donations.

§ 1–612.03c. Family leave. [Repealed]

Repealed.

(March 3, 1979, D.C. Law 2-139, § 1203c; as added Feb. 26, 2015, D.C. Law 20-155, § 1052(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7026, 62 DCR 10905; Dec. 21, 2022, D.C. Law 24-212, § 2(b), 69 DCR 13950.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote (g)(2).

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 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) amendment of this section, as enacted by D.C. Law 20-155, § 1052(b), see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 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).

For temporary (90 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 7016(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

For temporary (225 days) repeal of D.C. Law 20-155, § 1053, see § 2(f)( 1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

§ 1–612.04. Definitions.

For the purposes of this section through § 1-612.12, the term:

(1) "Agency" includes the Council.

(2) "Child" means:

(A) An individual under 21 years of age;

(B) An individual, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; or

(3) "D.C. FMLA" means the District of Columbia Family and Medical Leave Act of 1990 (subchapter I of Chapter 5 of Title 32).

(4) "Eligible employee" means a District government employee, including an employee of an independent agency; except, that the term "eligible employee" does not include:

(A) A temporary employee appointed for less than 90 days; or

(B) An employee with intermittent employment.

(5) "Family member" means:

(A) A biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom an eligible employee stands in loco parentis;

(B) A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to an eligible employee when the eligible employee was a child;

(D) A grandparent of an eligible employee; or

(E) A sibling of an eligible employee.

(6) "Leave recipient" means an eligible employee whose application to receive leave from the PFML Bank has been approved pursuant to § 1-612.08.

(7) "Leave contributor" means an employee who contributes accrued annual, restored, or universal leave to the PFML Bank.

(8) "Miscarriage" means the loss of a pregnancy before 20 weeks' gestation.

(9) "PFML Bank" means the Paid Family and Medical Leave Supplemental Bank established in § 1-612.05.

(10) "PFML Bank Administrator" means the Department of Human Resources.

(11) "Pre-natal medical care" means routine and specialty appointments, exams, and treatments associated with a pregnancy provided by a health care provider, including pre-natal check-ups, ultrasounds, treatment for pregnancy complications, bedrest that is required or prescribed by a health care provider, and pre-natal physical therapy.

(12) "Prolonged absence" means an employee's absence from duty for at least 10 consecutive workdays.

(13) "Qualifying family leave" means leave that an eligible employee may take following the occurrence of a qualifying family leave event.

(14) "Qualifying family leave event" means the diagnosis or occurrence of a serious health condition of a family member of the eligible employee.

(15) "Qualifying leave event" means a qualifying family leave event, qualifying medical leave event, or qualifying parental leave event.

(16) "Qualifying medical leave" means leave that an eligible employee may take following the occurrence of a qualifying medical leave event.

(17) "Qualifying medical leave event" means, for an eligible employee, the diagnosis or occurrence of a serious health condition, which shall include the occurrence of a stillbirth and the medical care related to a miscarriage.

(18) "Qualifying parental leave event" means one of the following:

(A) The birth of a child of an eligible employee;

(B) The legal placement of a child with an eligible employee (such as through adoption, guardianship, or foster care); or

(C) The placement with an eligible employee of a child for whom the eligible employee permanently assumes and discharges parental responsibilities.

(19) "Qualifying pre-natal leave" means paid leave that an eligible employee who is pregnant may take for pre-natal medical care following the occurrence of a qualifying pre-natal leave event.

(20) "Qualifying pre-natal leave event" means the diagnosis of pregnancy by a health care provider.

(21) "Serious health condition" shall have the same meaning as provided in § 32-501(9).

(22) "Stillbirth" means the death of a fetus at 20 weeks' gestation or later for an eligible employee who was pregnant with the fetus.

§ 1–612.04a. Paid parental, family, and medical leave.

(a)(1) An eligible employee shall be entitled to receive leave with pay for not more than 8 workweeks total in a 12-month period for any combination of leave as follows:

(A) Up to 8 workweeks for qualifying parental leave events;

(B) Up to 8 workweeks for qualifying family leave events; and

(2)(A) An employee who used unpaid leave or accrued sick or annual leave on or after October 1, 2022, and before January 1, 2023, for a qualifying medical leave event may receive up to 2 workweeks of retroactive paid medical leave; provided, that granting such leave does not cause the employee to exceed the total workweeks of paid leave available pursuant to paragraph (1) of this subsection.

(B) To receive retroactive paid medical leave, an employee shall submit a request for such leave on or after January 1, 2023, and before February 28, 2023, to the employee's personnel authority. A request for retroactive paid medical leave shall state the number of workdays, not to exceed 10, for which the employee is seeking retroactive paid medical leave and whether the employee seeks:

(i) Restoration of accrued sick leave;

(ii) Restoration of accrued annual leave;

(iii) Retroactive payment of salary for a period of unpaid leave; or

(iv) A combination of restored accrued leave and retroactive payment of salary for a period of unpaid leave.

(C) Within 20 business days after timely receipt of a request for retroactive paid medical leave, a personnel authority shall, consistent with the request and paragraph (1) of this subsection, restore the employee's accrued leave and, as appropriate, retroactively pay the employee's salary.

(D) Retroactive paid medical leave granted under this paragraph shall count against the 2 workweeks of paid medical leave available under paragraph (1)(C) of this subsection.

(b) Not Funded.

(1) May be exercised by an eligible employee only within the 12-month period following the start of the qualifying leave event or a qualifying pre-natal leave event;

(2) May be used in no less than one-hour increments, except that an agency may establish a policy to allow leave to be used in no less than one-day increments if such policy is necessary to avoid additional overtime costs; and

(3) Shall count against the 16 workweeks of family leave or medical leave provided under §§ 32-502 and 32-503; and

(4) When the leave is qualifying medical or pre-natal leave:

(A) The leave shall be available in addition to accrued sick leave available pursuant to § 1-612.03;

(B) An employee shall not be required to use or exhaust accrued sick leave prior to the use of medical leave available under this section; and

(C) If the qualifying medical leave event is organ or bone marrow donation, the employee may exhaust donor leave available pursuant to § 1-612.03b before using leave under this section.

(d)(1) If an employee using leave under this section is serving in a probationary capacity, the employee shall enter into a 1-year continuation of service of agreement, and the employee's probationary period shall be extended by the duration of the leave used.

(2) In the event the probationary employee voluntarily separates in violation of the 1-year continuation of service agreement, the individual shall be indebted to the District government for the salary paid during the leave period. Indebtedness incurred pursuant to this paragraph shall be construed as an erroneous payment pursuant to subchapter XXIX of this chapter; provided, that collection for such indebtedness may only be made through deductions from lump sum leave payments.

(e) An eligible employee using leave under this section shall enjoy the same employment and benefit protections afforded to an employee under § 32-505; except, that § 32-505(f) shall not apply to leave taken pursuant to this section.

(f)(1) A personnel authority may require that a request for leave under this section be supported by appropriate certification or other supporting documentation.

(2) The International Classification of Diseases, Tenth Revision (ICD-10), or subsequent revisions by the World Health Organization to the International Classification of Diseases, along with any health care provider or caretaker assessments, shall be used to determine the appropriate length of qualifying family leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee's family member, or the appropriate length of qualifying medical leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee, subject to the limits set forth in subsections (a) and (b) of this section.

(3) Personnel authorities and agencies shall keep confidential any information regarding the nature of the serious health condition or the family relationship precipitating the request for leave.

(g) Each agency shall maintain an accounting of leave used under this section and any records related to its use.

§ 1–612.05. Paid Family and Medical Leave Supplemental Bank.

(a) There is established within the District government the Paid Family and Medical Leave Supplemental Bank, which shall consist of hours of leave from the following sources deposited in accordance with § 1-612.06 and rules promulgated by the Mayor pursuant to § 1-612.11:

(1) Annual, restored, or universal leave an employee accrued or accumulated and voluntarily contributed to the PFML Bank;

(2) Annual, restored, or universal leave an employee accrued or accumulated and voluntarily contributed to the PFML Bank for use by a specific leave recipient; and

(3) Annual or universal leave that an employee may not carry over to the following leave year pursuant to § 1-612.03(h) or § 1-610.61(a)(5).

(b) The Department of Human Resources shall administer the PFML Bank.

(c) The PFML Bank Administrator shall maintain an overall accounting of deposits and withdrawals to and from the PFML Bank.

(d) An eligible employee may receive leave from the PFML Bank when:

(1) The employee:

(A) Is absent from work due to a qualifying medical leave event or qualifying family leave event; or

(B) Provides certification from a physician or other licensed healthcare professional of an upcoming or existing qualifying medical leave event or qualifying family leave event; and

(2) The employee has exhausted accrued annual leave and sick leave, compensatory time, paid family leave, paid medical leave, universal leave, or paid donor leave provided under this chapter, to the extent such other leave is available for the purpose for which the employee seeks to use leave from the PFML Bank.

(e) The PFML Bank Administrator may enter written agreements with the Council, independent agencies, and subordinate agencies with independent personnel authority to facilitate eligible employees' access to and use of leave from the PFML Bank, including agreements to allow employees not eligible to accrue annual or sick leave pursuant to § 1-612.03(a) or universal leave pursuant to § 1-610.61(a)(2) to contribute and withdraw leave from the PFML Bank.

(f) A leave recipient may receive a maximum of 8 workweeks of leave from the PFML Bank during any 12-month period. Any unused withdrawn leave after the 12-month period shall become the property of the PFML Bank for use by other leave recipients.

(g)(1) During the period in which transferred leave is being used, the leave recipient shall not accrue annual or sick leave.

(2) Leave taken using leave transferred from the PFML Bank shall count against the 16 workweeks of family leave or medical leave provided under §§ 32-502 and 32-503.

(Mar. 3, 1979, D.C. Law 2-139, § 1205; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(4), 45 DCR 2464; Dec. 21, 2022, D.C. Law 24-212, § 2(e), 69 DCR 13950.)

Prior Codifications

1981 Ed., § 1-613.5.

Section References

This section is referenced in § 1-612.04.

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.

Editor's Notes

Applicability of § 101(o)(4) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–612.06. Contributions.

(a) A leave contributor may submit a voluntary written request to the PFML Bank Administrator that a specified number of hours of the leave contributor's accrued annual, restored, or universal leave be contributed to the PFML Bank. The contribution shall be made to the PFML Bank in accordance with procedures established pursuant to § 1-612.11.

(b) A leave contributor may not contribute more than a total of 1/2 of the amount of annual or universal leave that the leave contributor would be entitled to accrue or receive during the leave year in which the contribution is made. A leave contributor may contribute restored leave without limitation. The personnel authority or his or her designee may, in special circumstances, as determined by the personnel authority or their designee, waive the limitation of the amount of annual or universal leave that may be contributed by an employee.

(c) A leave contributor may designate a specific leave recipient to whom the leave contributor wishes to contribute leave. Contributed leave not used by the designated leave recipient within 12 months shall remain in the PFML Bank for use by other leave recipients.

(Mar. 3, 1979, D.C. Law 2-139, § 1206; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(5), 45 DCR 2464; Dec. 21, 2022, D.C. Law 24-212, § 2(f), 69 DCR 13950.)

Prior Codifications

1981 Ed., § 1-613.6.

Section References

This section is referenced in § 1-612.05.

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.

Editor's Notes

Applicability of § 101(o)(5) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–612.07. Application for withdrawal.

(a) An application for withdrawal of leave from the PFML Bank shall proceed as follows:

(1) An eligible employee who expects to experience an absence of 10 or more workdays due to a qualifying medical leave event or qualifying family leave event may make a written application to the PFML Bank Administrator to become a leave recipient.

(2) If the employee is not capable of making an application on the employee's own behalf, the employee may designate a representative to make a written application on the employee's behalf.

(b) The application shall include at least the following:

(1) The anticipated duration of the prolonged absence;

(2) The name, position title, and grade of the proposed leave recipient;

(3) The amount of leave requested;

(4) A declaration, signed under penalty of perjury, by the proposed leave recipient or the proposed leave recipient's designated representative attesting to the fact that the employee is experiencing a qualifying medical leave event or qualifying family leave event; and

(5)(A) Certification from a physician or other licensed healthcare professional that the proposed leave recipient, in the case of qualifying medical leave, or the proposed leave recipient's immediate family member, in the case of qualifying family leave, has experienced a serious health condition and the anticipated duration of the condition.

(B) The International Classification of Diseases, Tenth Revision (ICD-10), or subsequent revisions by the World Health Organization to the International Classification of Diseases, along with any health care provider or caretaker assessments, shall be used to determine the appropriate length of qualifying family leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee's family member, or the appropriate length of qualifying medical leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee.

§ 1–612.08. Approval of application.

(a) The PFML Administrator shall refer the proposed leave recipient's application to the employee's personnel authority for review.

(b) The proposed leave recipient's personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to § 1-612.11.

(1) The request to become a leave recipient has been necessitated by a qualifying medical leave event or qualifying family leave event;

(2) The absence from duty because of the qualifying medical leave event or qualifying family leave event is, or is expected to be, at least 10 workdays;

(3) The proposed leave recipient does not possess annual leave, restored leave, universal leave, sick leave, or compensatory time sufficient to cover the expected period of absence from work; and

(4) The proposed leave recipient is not eligible for paid medical leave or paid family leave sufficient to cover the expected period of absence from work.

(d) The PFML Administrator shall have final authority to approve or deny an application, or to approve an amount of leave less than requested; except, that the PFML Administrator may not deny applications from employees of the Council or independent agencies that were approved by the appropriate personnel authority unless so permitted by an agreement entered into pursuant to § 1-612.05(e) or the reason for denial is that the request for leave exceeds the amount of leave in the PFML Bank.

(e) In approving or disapproving the application, the employee's personnel authority and PFML Administrator may consider the leave record of the proposed leave recipient, the probability that the employee will separate from service, and any exigency or disruption in service that the agency, independent agency, or, in the case of the Council, the relevant Council office, may experience.

(f) To the extent practicable, the proposed leave recipient or the employee acting on behalf of the proposed leave recipient shall be notified of the decision to approve or disapprove the application for leave within 15 calendar days after receipt of the application and, in all cases, within 30 calendar days after receipt of the application. If the leave recipient is entitled to leave under the D.C. FMLA, the leave transfer shall be granted.

§ 1–612.09. Use of donated annual leave. [Repealed]

Repealed.

§ 1–612.10. Termination of PFML Bank use.

(a) The use of the PFML Bank transferred hours shall terminate on the date that the:

(1) Leave recipient's employment terminates;

(2) Leave recipient is no longer experiencing a qualifying medical leave event or qualifying family leave event; or

(3) The 12-month period specified in § 1-612.05(f) expires.

(b) Unused transferred leave shall not be subject to any form of lump-sum leave payment upon the leave recipient's separation from employment.

§ 1–612.10a. Interference prohibited.

An employee shall not directly or indirectly promise to confer on another employee a benefit, such as an appointment, compensation, or promotion, or effect, or suggest to effect on another employee, a reprisal, such as withholding an appointment, reducing compensation, or demoting, for the purpose of interfering with any right that the employee may exercise to contribute, receive, or use leave available under this subchapter.

§ 1–612.10b. Short-term disability insurance policies.

(a) The District may not enter into a policy or contract to provide temporary or short-term disability benefits to its employees that would allow the insurer to offset or reduce benefits or income available to an individual under the contract or policy based on estimated or actual leave benefits or salary the individual may or does receive under this chapter.

(b) A provision in a policy or contract between the District and an insurer executed afterDecember 21, 2022 that allows the insurer to offset or reduce benefits or income available to an individual under the contract or policy based on estimated or actual leave benefits or salary the individual may or does receive under this chapter shall be void as a matter of law.

§ 1–612.11. Rules.

The Mayor shall issue proposed rules to implement the provisions of §§ 1-612.04 through 1-612.10. The proposed rules 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 proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

§ 1–612.12. PFML Bank report.

On or before March 1 of each year, the Mayor shall provide a PFML Bank report ("report") to the Council. The report shall include a government-wide summary and agency-level information on:

(1) The number of total contributed hours to the PFML Bank;

(2) The number of employees that contributed leave to the PFML Bank;

(3) The number of employees that withdrew leave from the PFML Bank;

(4) The number of hours of leave used for a qualifying medical leave event; and

(5) The number of hours of leave used for a qualifying family leave event.

Subchapter XII-A. Voluntary Leave Transfer Program. [Repealed]

§ 1–612.31. Definitions. [Repealed]

Repealed.

§ 1–612.32. Voluntary leave transfer program. [Repealed]

Repealed.

§ 1–612.33. Application to receive transferred leave. [Repealed]

Repealed.

§ 1–612.34. Leave contributions. [Repealed]

Repealed.

§ 1–612.35. Approval or disapproval of leave transfer. [Repealed]

Repealed.

§ 1–612.36. Receipt and use of transferred leave. [Repealed]

Repealed.

§ 1–612.37. Prohibition of coercion. [Repealed]

Repealed.

§ 1–612.38. Voluntary Transfer of Leave Program Report. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1238; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)

Section References

This section is referenced in § 1-612.32.

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Merit system, continuation of existing laws, see § 1-632.06.

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

Merit system, life insurance, withholdings from employees and annuitants, see § 1-622.10.

Public assistance, workers’ compensation, recipients of Temporary Assistance for Needy Families, see § 4-205.19k.

Workers’ compensation, “employee” defined, see § 32-1501.

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.

Subchapter XIII. Employee Development.

§ 1–613.01. Programs for employee development.

(a) The Mayor and the District of Columbia Board of Education shall each install and maintain programs for the training and development of their respective employees through planned courses, systems, or other instruction or education in fields which are or will be related to the performance of official duties for the District, in order to increase their knowledge, proficiency, ability, skill and qualifications in the performance of these duties. This system of training shall be created to ensure that the principles of efficiency, economy and equitable treatment for all employees is carried out for the successful operation of the District government.

(a-1)(1) The Mayor shall undertake a comprehensive analysis of all training and development programs available to District employees and shall establish a comprehensive plan (“Plan”) to expand training opportunities for all District employees. The plan shall include a review of federal training programs, courses, and professional certifications and a recommendation of whether to centralize administration and coordination of training functions within the Department of Human Resources.

(2) The Mayor shall provide the Plan required by this subsection to the Council no later than December 31, 2012.

(b) When educational facilities under the control and direction of the District government are not the most economical available to carry out the provisions of this section, the Mayor and the District of Columbia Board of Education may make arrangements and agreements with colleges, universities, educational institutions, appropriate institutions or corporations. The appropriate personnel authority shall have the authority to enter into these arrangements and agreements for employee development. The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning what items must be included in agreements for employee development activities relying on non-District facilities.

(c)(1) An employee shall not suffer a loss in pay, tenure, or other rights and benefits by reason of participation in any training or career development program when such participation has been approved or authorized by the District government.

(2) The District may: (A) Pay all or a part of the pay of an employee selected and assigned for training under this section (except overtime, holiday, night, or Sunday premium pay); and (B) pay all or a part of the necessary expenses of the training, including the employee’s costs of travel, subsistence, transportation, tuition, fees, books, and related materials; and membership fees to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent for the training. The prohibition in this subsection on payment of premium pay may be waived when the Mayor determines that payment of premium pay would be in the interests of equity and good conscience or in the public interest.

(d)(1) An employee selected for training under this section in a university, college, or other educational institution not controlled by the District shall agree in writing with the District that he or she will:

(A) Continue in the service of the District after the end of the training period for a period of time at least equal to the length of the training period, unless he or she is involuntarily separated from that service; and

(B) Pay to the District the amount of expenses incurred by it in connection with the training, other than his or her pay, if he or she voluntarily leaves that service before the end of the period for which he or she had agreed to serve.

(2) If an employee fails to fulfill the agreement under this subsection to pay the expenses of the training, a sum equal to those expenses is recoverable by the District from the employee, or his or her estate, by setoff against pay, amount of retirement credit, or other amount due the employee from the District.

(3) The right of recovery under paragraph (2) of this subsection may be waived, in whole or in part, by the Mayor and the District of Columbia Board of Education if recovery would be against equity and good conscience, or against the public interest.

(4) The Mayor and the District of Columbia Board of Education may exempt from the requirement for entering into a written agreement under this subsection the following:

(A) An employee selected for training that does not exceed 80 hours within a single program;

(B) An employee selected for training which is given through a correspondence course; and

(C) An employee selected for training in a manufacturer’s training facility, if that training is the direct result of the lease or purchase of that manufacturer’s product by the District government.

(e) The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning the implementation of this subchapter, consistent with equal employment opportunities and standards.

(f) The head of each District agency shall prepare an annual employee development plan which identifies subject matter areas where training is needed, the types of programs and courses which could be used to meet those identified training needs and the types of training activities which will be carried out in the coming year.

(1) The annual employee development plan should also evaluate the impact and success of prior training and employee development activities. Cost figures should include employee pay and benefit expenses while engaged in training on official time, tuition expenses and other fees, travel costs, and other appropriate items.

(2) The Council may review and inspect all plans developed in accordance with this subsection.

(g) Programs developed under the authority of this subchapter are appropriate matters for collective bargaining with labor organizations.

(h) The Mayor shall maintain a record in each employee’s personnel file of the training and development programs in which the employee has participated. The Mayor may dictate the content of the record; provided, that it includes:

(1) The name of each program;

(2) The length of each program;

(3) Any certification or endorsement associated with each program; and

(4) The cost of each program.

Subchapter XIII-A. Performance Management.

§ 1–613.51. Performance management system established.

There is established a comprehensive performance management system designed to:

(1) Inform employees of work expectations;

(2) Hold employees accountable for their performance, which shall include a direct relationship between the rating received pursuant to § 1-613.52 and the receipt of any periodic step increase or of any performance based increase that may be established under the compensation system authorized by subchapter XI;

(3) Objectively evaluate employees’ work performance based on criteria that have been made known to the employees;

(4) Improve employee performance through training;

(5) Recognize employee accomplishment; and

(6) Include customer satisfaction as an evaluation factor.

(Mar. 3, 1979, D.C. Law 2-139, § 1351; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 103(q), 47 DCR 520; June 24, 2000, D.C. Law 13-131, § 2(a), 47 DCR 2692.)

Prior Codifications

1981 Ed., § 1-614.51.

Effect of Amendments

D.C. Law 13-131 rewrote subd. (2), which previously read:

“Hold employees accountable for their performance, which shall include the requirement that an employee receive a rating of either ‘achieved expectations’ or ‘exceeded expectations’ pursuant to § 1-614.52 for the rating period immediately prior to the due date for a periodic step increase to be able to receive that step increase, and that each failure to achieve the required rating shall result in the due date for the step increase being delayed for an additional year;”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).

For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).

Editor's Notes

Applicability of § 101(p) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.”

Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Delegation of Authority

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, effective July 20,2007 (D.C. Act 17-71), see Mayor’s Order 2007-182, August 8, 2007 ( 54 DCR 11616).

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, D.C. Act 17-71, effective July 20, 2007, see Mayor’s Order 2007-195, August 24, 2007 ( 54 DCR 11633).

Construction of Law

Construction of Law 12-124

§ 1–613.52. Performance management system.

The performance management system shall provide for:

(1) The development of individual performance plans for all employees;

(2) Ratings based on one or more of the following performance management components:

(A) Standards;

(B) Objectives;

(D) Competencies;

(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of § 1-624.02(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of § 1-624.02(b)(4);

(4) A rating process, with (at a minimum) annual evaluations which may include input from citizens, customers, peers, the employee, subordinates, and supervisors;

(5) A removal and reconsideration process, which may include the alternatives of reassignment and demotion; and

(6) An opportunity to demonstrate an improvement in performance during the reconsideration process.

(Mar. 3, 1979, D.C. Law 2-139, § 1352; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; June 24, 2000, D.C. Law 13-131, § 2(b), 47 DCR 2692.)

Prior Codifications

1981 Ed., § 1-614.52.

Section References

This section is referenced in § 1-613.51.

Effect of Amendments

D.C. Law 13-131 rewrote subd. (3), which previously read:

“Rating levels of:

“(A) Exceeds expectations (outstanding);

“(B) Achieved expectations;

“(C) Below expectations; and

“(D) Failed expectations (unacceptable);”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).

For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).

Editor's Notes

Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.

§ 1–613.53. Transition provisions.

(a) Until regulations are issued by the Mayor, the Board of Education and the Board of Trustees of the University of the District of Columbia to implement the provisions of this subchapter for their respective employees, the performance evaluation systems in effect on June 10, 1998, shall continue in effect.

(b) Notwithstanding any other provision of law or of any collective bargaining agreement, the implementation of the performance management system established in this subchapter is a non-negotiable subject for collective bargaining.

Subchapter XIV. Performance-Rating Plans. [Repealed].

§ 1–614.01. Established. [Repealed]

Repealed.

§ 1–614.02. Content requirements. [Repealed]

Repealed.

§ 1–614.03. Ratings. [Repealed]

Repealed.

§ 1–614.04. Review of ratings. [Repealed]

Repealed.

§ 1–614.05. Other rating procedures prohibited; exception. [Repealed]

Repealed.

Subchapter XIV-A. Managers Accountability.

§ 1–614.11. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means any office, department, division, board, commission, or other agency of the District government, including both subordinate agency and independent agency, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term “agency” does not include the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.

(2) “Performance measures” means the methods of gauging the outcomes and outputs of publicly funded activities through procedures and devices, including, but not limited to, existing agency records, citizen surveys, and trained observer ratings.

(3) “Performance plan” means the strategic description of how an agency’s mission and goals will be accomplished and shall consist of functions, activities, operations, and projects and both qualitative and quantitative measures required for effective implementation. The performance plan shall also include the following:

(A) Mission statement: A statement of central purpose of the organizational entity;

(B) Objectives: Broad statements of the desired benefits from the performance of the central purpose; and

(C) Goals: Target levels of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate.

(4) “Performance report” means the annual device by which District agencies report to the Council on the progress of management employees and other personnel toward achieving the objectives and goals in the performance plan.

(5) “Management employee” means any person whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.

(6) “Nonmanagement personnel” means any person whose functions do not include responsibility for project management or supervision of staff, and are subject to the control and supervision by management employees.

(7) “Significant activities” means activities that are central to the functions, goals, and services of the agency, program, or project.

(8) “Publicly funded” or “public funds” means support by any governmental source.

§ 1–614.12. Performance plan.

(a) Not later than January 1, 1996, and coincident with annual budget submissions to the Council in succeeding years, each agency of the District of Columbia shall develop and submit to the Council a performance plan that covers all publicly funded activities of the agency.

(b) The performance plan shall state measurable, objective performance goals and objectives for all significant activities of the government of the District of Columbia, including activities supported in whole or in part by public funds, but performed in whole or in part by some other public or private entity.

(c) Control center and responsibility center budgetary information shall be organized along specific program lines with corresponding statements of goals and objectives included in the performance plan.

(d) For each agency and major program covered by the performance plan, there shall be one or more measures of performance, that addresses both quantity and quality. The performance measures may include program outputs and activity levels, but should also include measures of program outcomes and results.

(e) The performance plan shall state the name and position of the management employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employees.

(f) Any change in resources or reprogramming within the agency shall require appropriate revision to the performance plan by the agency.

(Mar. 3, 1979, D.C. Law 2-139, § 1412; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802, 47 DCR 6308; Oct. 19, 2000, D.C. Law 13-172, § 1802(a), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 1-615.12.

Effect of Amendments

D.C. Law 13-172 rewrote subsec. (e), which previously read:

“For each measure of performance there shall be at least 2 stated objectives, one designated as an acceptable level of performance and the other designated as a superior level of performance. The performance plan shall also state the position, and immediate supervisor or superior of the District of Columbia management employee, and the identity of nonmanagement personnel who are most directly responsible for the achievement of each performance measure.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Mayor's Orders

Government Managers Accountability Act of 1995—FY 96 Performance Report and FY 98 Performance Plan: See Mayor’s Order 97-8, January 14, 1997 ( 44 DCR 490).

§ 1–614.13. Performance report.

(a) Not later than January 1, 1997, and on January 15th in subsequent years, each agency of the District of Columbia government shall develop and submit to the Council of the District of Columbia a performance report covering all major programs of the agency.

(b) The performance report shall indicate, for each performance measure stated in the previous fiscal year’s performance plan, the actual level of performance as compared to the stated goal or objective for performance. The performance report shall also state the name and position of the management employee or employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employee or employees.

(Mar. 3, 1979, D.C. Law 2-139, § 1413; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802(b), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 1-615.13.

Section References

This section is referenced in § 47-308.02.

Effect of Amendments

D.C. Law 13-172, in subsec. (a), substituted “on January 15th in subsequent years” for “coincident with annual agency budget submissions in subsequent years”; and rewrote subsec. (b), which previously read:

“The performance report shall, for each performance measure stated in the previous fiscal year’s performance plan, indicate the actual level of performance achieved as compared to the stated goal or objective for an acceptable level of performance and the goal or objective for a superior level of performance. The performance report shall also state the position and the immediate supervisor or superior of the District of Columbia management employee most directly responsible for the achievement of each performance measure, as well as the names of the nonmanagement personnel responsible for the accomplishment of the performance measure under management’s supervision.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

§ 1–614.14. Development of plans and reports.

(a) Agencies of the District of Columbia shall develop the performance plans and performance reports that are submitted by January 1, 1996, and January 1, 1997.

(b) The Mayor shall order that the District of Columbia Office of Personnel amend its management and personnel laws and regulations to be in conformance with the provisions of this subchapter.

(d) The District may invite outside review of the process and the indicators upon the submission of the first performance plan and performance report to obtain recommendations concerning the process and the indicators, and after the initial review, on a biannual basis.

(Mar. 3, 1979, D.C. Law 2-139, § 1414; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 2402(b), 47 DCR 6308; Mar. 10, 2023, D.C. Law 24-311, § 2, 70 DCR 595.)

Prior Codifications

1981 Ed., § 1-615.14.

Effect of Amendments

D.C. Law 13-172 rewrote subsec. (c), which previously read:

“The Office of the District of Columbia Auditor shall conduct an audit of the performance reports of the District of Columbia that are submitted in 1997 and 1998.”

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Subchapter XV. Employee Rights and Responsibilities.

§ 1–615.01. Declaration of purpose. [Repealed]

Repealed.

§ 1–615.02. Employee bill of rights. [Repealed]

Repealed.

§ 1–615.03. Complaints of criminal harassment for appearances and testimony before the Council. [Repealed]

Repealed.

§ 1–615.03a. Right to notice and appeal of safety-sensitive designation.

(a) If a position is designated as safety-sensitive, the agency shall:

(1) Include such designation in any position description for the position, including a job description utilized for hiring or recruitment;

(2) Provide written notice of an employee's rights under this section, including the right to appeal the safety-sensitive designation, and of an employee's right to request a reasonable accommodation, consistent with the terms of § 1-620.62, to:

(A) An employee hired into a position designated as safety-sensitive after April 27, 2021 on or before the employee's date of hire; and

(B) Each incumbent employee in a position designated as safety-sensitive as of April 27, 2021 within 30 calendar days after the April 27, 2021; and

(3) If an agency designates an employee's position as safety-sensitive after April 27, 2021 provide the employee written notice of the change in position designation, which shall include the notice described in paragraph (2) of this subsection, at least 30 calendar days before the change in designation takes effect.

(b)(1) An employee in a position designated as safety-sensitive has the right to request a written explanation of the reasons and factors justifying the designation from the employee's agency.

(2)(A) The agency shall provide the explanation to the employee within 10 business days after receiving a request pursuant to this subsection.

(B) The explanation shall include a description of the specific routine job duties and circumstances under which such duties are performed, for which it is reasonably foreseeable that, if the employee performs such duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.

(C) The written explanation may be satisfied by providing the requesting employee with a position description that contains the information required under subparagraph (B) of this paragraph.

(c) Notwithstanding any other provision of law or collective bargaining agreement, an agency may update a position description to include the information required pursuant to subsection (b)(2)(B) of this section without bargaining over the language; provided, that any agreement with a labor representative, including a collective bargaining agreement, to bargain over the position designation itself shall still apply.

(d)(1) Except as provided in paragraphs (2) and (3) of this subsection, an employee has the right to appeal the designation of the employee's position as safety-sensitive under the following circumstances:

(A) For employees employed by the District in positions designated as safety-sensitive as of April 27, 2021, within 45 business days after the employee receives the notification of rights provided pursuant to subparagraph (a)(2)(B) of this section;

(B) Within 45 business days after an employee becomes a qualifying patient; or

(C) Within 45 business days after the employee receives notice, pursuant to subsection (a)(3) of this section, that the employee's position will be newly designated as safety-sensitive.

(2) An employee may not appeal a safety-sensitive designation solely because:

(A) The employee failed a job-related drug test; or

(B) The employee is facing an adverse action related to the employee's failure to pass a job-related drug test.

(3) An employee may not appeal a safety-sensitive designation when the position is subject to random drug testing under federal law or as a condition of federal funding.

(e)(1) An employee may appeal the designation of the employee's position as safety-sensitive by filing a petition with the employee's personnel authority. The petition shall state the reasons why the employee's position does not meet the definition of safety sensitive, as defined in § 1-603.01(15B).

(2)(A) The personnel authority shall review the employee's petition, and any response from the agency, and issue a written determination granting or denying the employee's petition within 30 calendar days after receiving the petition.

(B) The determination shall state the reasons for the grant or denial of the petition. If the personnel authority grants the petition, it shall redesignate the position in consultation with the employing agency. If the personnel authority denies the petition, the determination shall state the right of appeal, and, subject to the availability of funding, the employee may appeal the denial to the Office of Employee Appeals, pursuant to § 1-606.03a:

(i) Within 30 calendar days after the personnel authority issues the determination; or

(ii) If § 1-606.03a is not applicable when the personnel authority issues the determination, within 30 calendar days after October 1, 2021.

(C) Upon receipt of an appeal of the personnel authority's determination, the Office of Employee Appeals shall finally determine, pursuant to § 1-606.03a, whether an employee's position is safety-sensitive.

(f) Notwithstanding any other provision of this section, a negotiated appeal procedure established within a collective bargaining agreement that permits an employee to challenge the designation of a position as safety-sensitive shall supersede and replace the appeal procedures established pursuant to this section and § 1-606.03a.

(g) The designation of an employee's position as safety-sensitive shall not be suspended, tolled, or otherwise invalidated during the pendency of an appeal initiated pursuant to this section.

(h) Notwithstanding § 1-604.04(a), the Council may issue rules pertaining to Council employees to implement the provisions of this section.

(i) For the purposes of this section, the term "agency" includes the Council.

§ 1–615.04. Public employees as fiduciaries for consumer protection.

(a) For purposes of this section, “consumer protection law” shall include any law intended to protect, or which does in fact protect, individual consumers from unfair, deceptive, or misleading acts or practices; or the nondisclosure of product quality, weight, size, or performance. Any employee who administers, enforces, or implements any health, safety, environmental, or consumer protection law, or any rules and regulations promulgated for the enforcement of such laws, is a fiduciary to any individual or class of individuals intended to be protected, or who are in fact protected, from injury or harm, or risk of injury or harm, by laws, rules and regulations, and, as a fiduciary, is obligated to protect such individual or class of individuals.

(b) Any individual or class of individuals may commence a civil action on his or her or their own behalf against any employee or employees in any agency for breach of a fiduciary duty upon showing that said employee or employees by his or her or their acts or omissions has or have exposed said individual or class of individuals to an injury or harm, or risk of injury or harm, from which they are to be protected by the employee or employees. Such action may be brought in the Superior Court of the District of Columbia. The District of Columbia, through the Corporation Counsel, shall defend any employee or employees against whom such action is commenced. Such employee or employees may, however, at his or her or their option, provide for his or her or their own defense.

(c) If the Court finds that any employee or employees have breached their fiduciary duty by any act or omission or by any series of acts or omissions, the Court shall do the following:

(1) Order performance or cessation of performance, as appropriate; and

(2) Take any other appropriate action, including the assessment of fines not to exceed $1,000, against any employee or employees within the agency who has or have breached the duties of the fiduciary relationship.

§ 1–615.05. Curbing fraud and conflicts of interest.

(a)(1) Any citizen shall have a right to commence a suit in the Superior Court of the District of Columbia on behalf of the District government to recover funds which have been improperly paid by the District government while there exists any conflict of interest on the part of the employee or employees directly or indirectly responsible for such payment.

(2) It shall be an affirmative defense to any action under this section that the defendant did not know or have reason to know of the conflict of interest.

(b) Any citizen who commences a suit under this section shall be entitled to 10 percent of the amount recovered for the District. The prevailing party shall recover reasonable attorney’s fees and other costs incidental to the action.

(c) The right of a citizen to commence and maintain a suit under this section shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney: Provided, however, that if the District shall first commence suit, a citizen may not commence a suit under this section: Provided, further, however, that if the District shall fail to carry on such suit with due diligence within a period of 6 months or within such additional time as the Court may allow, a citizen may commence a suit under this section and such suit shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney.

Subchapter XV-A. Whistleblower Protection.

§ 1–615.51. Findings and declaration of purpose.

The Council finds and declares that the public interest is served when employees of the District government are free to report waste, fraud, abuse of authority, violations of law, or threats to public health or safety without fear of retaliation or reprisal. Accordingly, the Council declares as its policy to:

(1) Enhance the rights of District employees to challenge the actions or failures of their agencies and to express their views without fear of retaliation through appropriate channels within the agency, complete and frank responses to Council inquiries, free access to law enforcement officials, oversight agencies of both the executive and legislative branches of government, and appropriate communication with the public;

(2) Ensure that acts of the Council enacted to protect individual citizens are properly enforced;

(3) Provide new rights and remedies to guarantee and ensure that public offices are truly public trusts;

(4) Hold public employees personally accountable for failure to enforce the laws and for negligence in the performance of their public duties;

(5) Ensure that rights of employees to expose corruption, dishonesty, incompetence, or administrative failure are protected;

(6) Guarantee the rights of employees to contact and communicate with the Council and be protected in that exercise;

(7) Protect employees from reprisal or retaliation for the performance of their duties; and

(8) Motivate employees to do their duties justly and efficiently.

(Mar. 3, 1979, D.C. Law 2-139, § 1551; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147.)

Prior Codifications

1981 Ed., § 1-616.11.

Section References

This section is referenced in § 2-534.

Emergency Legislation

For temporary addition of subchapter, see § 102(c) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(c) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

Editor's Notes

For whistleblower protection for employees of contracts and instrumentalities, see § 2-223.01 et seq.

§ 1–615.52. Definitions.

(a) For purposes of this subchapter, the term:

(1) “Contract” means any contract for goods or services between the District government and another entity but excludes any collective bargaining agreement.

(2) “Contributing factor” means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of the decision.

(3) “Employee” means any person who is a former or current District employee, or an applicant for employment by the District government, including but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department, but excluding employees of the Council of the District of Columbia.

(4) “Illegal order” means a directive to violate or to assist in violating a federal, state or local law, rule, or regulation.

(5)(A) “Prohibited personnel action” includes but is not limited to: recommended, threatened, or actual termination, demotion, suspension, or reprimand; involuntary transfer, reassignment, or detail; referral for psychiatric or psychological counseling; failure to promote or hire or take other favorable personnel action; or retaliating in any other manner against an employee because that employee makes a protected disclosure or refuses to comply with an illegal order, as those terms are defined in this section.

(B) For purposes of this paragraph, the term :

(i) “Investigation” includes an examination of fitness for duty and excludes any ministerial or nondiscretionary factfinding activity necessary to perform the agency’s mission.

(ii) “Retaliating” includes conducting or causing to be conducted an investigation of an employee or applicant for employment because of a protected disclosure made by the employee or applicant who is a whistleblower.

(6) “Protected disclosure” means any disclosure of information, not specifically prohibited by statute, without restriction to time, place, form, motive, context, forum, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee’s duties by an employee to a supervisor or a public body that the employee reasonably believes evidences:

(A) Gross mismanagement;

(B) Gross misuse or waste of public resources or funds;

(D) A violation of a federal, state, or local law, rule, or regulation, or of a term of a contract between the District government and a District government contractor which is not of a merely technical or minimal nature; or

(E) A substantial and specific danger to the public health and safety.

(7) “Public body” means:

(A) The United States Congress, the Council, any state legislature, the District of Columbia Office of the Inspector General, the Office of the District of Columbia Auditor, the District of Columbia Financial Responsibility and Management Assistance Authority, or any member or employee of one of these bodies;

(B) The federal, District of Columbia, or any state or local judiciary, any member or employee of these judicial branches, or any grand or petit jury;

(C) Any federal, District of Columbia, state, or local regulatory, administrative, or public agency or authority or instrumentality of one of these agencies or authorities;

(D) Any federal, District of Columbia, state, or local law enforcement agency, prosecutorial office, or police or peace officer;

(E) Any federal, District of Columbia, state, or local department of an executive branch of government; or

(F) Any division, board, bureau, office, committee, commission or independent agency of any of the public bodies described in subparagraphs (A) through (E) of this paragraph.

(8) “Supervisor” means an individual employed by the District government who meets the definition of a “supervisor” in § 1-617.01(d) or who has the authority to effectively recommend or take remedial or corrective action for the violation of a law, rule, regulation or contract term, or the misuse of government resources that an employee may allege or report pursuant to this section, including without limitation an agency head, department director, or manager.

(9) “Whistleblower” means an employee who makes or is perceived to have made a protected disclosure as that term is defined in this section.

(Mar. 3, 1979, D.C. Law 2-139, § 1552; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Mar. 11, 2010, D.C. Law 18-117, § 2(a), 57 DCR 896.)

Prior Codifications

1981 Ed., § 1-616.12.

Section References

This section is referenced in § 1-615.58.

Effect of Amendments

D.C. Law 18-117, in par. (5), designated the existing text as subpar. (A) and added subpar. (B); and, in par. (6), substituted “by statute, without restriction to time, place, form, motive, context, forum, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee’s duties,” for “by statute”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-615.51.

Editor's Notes

This section was enacted with a subsection (a) but no subsection (b).

§ 1–615.53. Prohibitions.

(a) A supervisor shall not take, or threaten to take, a prohibited personnel action or otherwise retaliate against an employee because of the employee’s protected disclosure or because of an employee’s refusal to comply with an illegal order.

(b) Except in cases where the communication would be unlawful, a person shall not interfere with or deny the right of employees, individually or collectively, to furnish information to the Council, a Council committee, or a Councilmember.

(Mar. 3, 1979, D.C. Law 2-139, § 1553; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Mar. 11, 2010, D.C. Law 18-117, § 2(b), 57 DCR 896.)

Prior Codifications

1981 Ed., § 1-616.13.

Section References

This section is referenced in § 1-615.54 and § 1-615.55.

Effect of Amendments

D.C. Law 18-117 rewrote the section, which had read as follows: “A supervisor shall not threaten to take or take a prohibited personnel action or otherwise retaliate against an employee because of the employee’s protected disclosure or because of an employee’s refusal to comply with an illegal order.”

Emergency Legislation

For temporary addition of subchapter, see note to § 1-615.51.

§ 1–615.54. Enforcement.

(a)(1) An employee aggrieved by a violation of § 1-615.53 may bring a civil action against the District, and, in his or her personal capacity, any District employee, supervisor, or official having personal involvement in the prohibited personnel action, before a court or a jury in the Superior Court of the District of Columbia seeking relief and damages, including:

(A) An injunction;

(B) Reinstatement to the same position held before the prohibited personnel action or to an equivalent position;

(D) Restoration of lost benefits;

(E) Back pay and interest on back pay;

(F) Compensatory damages; and

(G) Reasonable costs and attorney fees.

(2) A civil action shall be filed within 3 years after a violation occurs or within one year after the employee first becomes aware of the violation, whichever occurs first.

(3) Section 12-309 shall not apply to any civil action brought under this section.

(b) In a civil action or administrative proceeding, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by § 1-615.53 was a contributing factor in the alleged prohibited personnel action against an employee, the burden of proof shall be on the defendant to prove by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by this section.

(c) Notwithstanding any other provision of law, a violation of § 1-615.53 constitutes a complete affirmative defense for a whistleblower to a prohibited personnel action in an administrative review, challenge, or adjudication of that action.

(d) An employee who prevails in a civil action at the trial level, shall be granted the equitable relief provided in the decision effective upon the date of the decision, absent a stay.

(e)(1) If a protected disclosure assists in securing the right to recover, the actual recovery of, or the prevention of loss of more than $100,000 in public funds, the Mayor may pay a reward in any amount between $5,000 and $50,000 to the person who made the protected disclosure; provided, that any reward shall be recommended by the Inspector General, the District of Columbia Auditor, or other similar law enforcement authority.

(2) This subsection shall not create any right or benefit, substantive or procedural, enforceable at law or equity, by a party against any District government agency, instrumentality, officer, employee, or other person.

§ 1–615.55. Disciplinary actions; fine.

(a) As part of the relief ordered in an administrative, arbitration or judicial proceeding, any person who is found to have violated § 1-615.53 or § 2-223.02 shall be subject to appropriate disciplinary action including dismissal.

(b) As part of the relief ordered in a judicial proceeding, any person who is found to have violated § 1-615.53 or § 2-223.02 shall be subject to a civil fine not to exceed $10,000.

(Mar. 3, 1979, D.C. Law 2-139, § 1555; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Mar. 11, 2010, D.C. Law 18-117, § 2(d), 57 DCR 896.)

Prior Codifications

1981 Ed., § 1-616.15.

Effect of Amendments

D.C. Law 18-117 rewrote the section, which had read as follows: “(a) As part of the relief ordered in an administrative, arbitration or judicial proceeding, any supervisor, including any manager, department director, or other District official, who is found to have violated § 1-615.53 shall be subject to appropriate disciplinary action including dismissal. (b) As part of the relief ordered in a proceeding, any supervisor who is found to have violated § 1-615.53 shall be subject to a civil fine not to exceed $1000.”

Emergency Legislation

For temporary addition of subchapter, see note to § 1-616.51.

§ 1–615.56. Election of remedies.

(a) The institution of a civil action pursuant to § 1-615.54 shall preclude an employee from pursuing any administrative remedy for the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract.

(b) An employee may bring a civil action pursuant to § 1-615.54 if the aggrieved employee has had a final determination on the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract.

(c) Except as provided in subsections (a) and (b) of this section, nothing in this subchapter shall diminish the rights and remedies of an employee pursuant to any other federal or District law.

§ 1–615.57. Posting of notice.

The District shall conspicuously display notices of employee protections and obligations under this subchapter in each personnel office and in other public places, and shall use all other appropriate means to keep all employees informed, including but not limited to the inclusion of annual notices of employee protections and obligations under this subchapter with employee tax reporting documents and in a letter provided to employees upon commencement of employment.

§ 1–615.58. Employee responsibilities.

Employees shall have the following rights and responsibilities:

(1) The right to freely express their opinions on all public issues, including those related to the duties they are assigned to perform; provided, however, that any agency may promulgate reasonable rules and regulations requiring that any such opinions be clearly disassociated from that agency’s policy;

(2) The right to disclose information unlawfully suppressed, information concerning illegal or unethical conduct which threatens or which is likely to threaten public health or safety or which involves the unlawful appropriation or use of public funds, and information which would tend to impeach the testimony of employees of the District government before committees of the Council or the responses of employees to inquiries from members of the Council concerning the implementation of programs, information which would involve expenditure of public funds, and the protection of the constitutional rights of citizens and the rights of government employees under this chapter and under any other laws, rules, or regulations for the protection of the rights of employees; provided, however, that nothing in this section shall be construed to permit the disclosure of the contents of personnel files, personal medical reports, or any other information in a manner to invade the individual privacy of an employee or citizen of the United States except as otherwise provided in this chapter;

(3) The right to communicate freely and openly with members of the Council and to respond fully and with candor to inquiries from committees of the Council, and from members of the Council; provided, however, that nothing in this section shall be construed to permit the invasion of the individual privacy of other employees or of citizens of the United States;

(4) The right to assemble in public places for the free discussion of matters of interest to themselves and to the public and the right to notify, on their own time, fellow employees and the public of these meetings;

(5) The right to humane, dignified, and reasonable conditions of employment, which allow for personal growth and self-fulfillment, and for the unhindered discharge of job responsibilities;

(6) The right to individual privacy; provided, however, that nothing in this section shall limit in any manner an employee’s access to his or her own personnel file, medical report file, or any other file or document concerning his or her status or performance within his or her agency, except as otherwise provided in subchapter XXXI;

(7) Each employee of the District government shall make all protected disclosures concerning any violation of law, rule, or regulation, contract, misuse of government resources or other disclosure enumerated in § 1-615.52(a)(6), as soon as the employee becomes aware of the violation or misuse of resources;

(8) Each supervisor employed by the District government shall make all protected disclosures involving any violation of law, rule, regulation or contract pursuant to § 1-615.52(a)(6)(D) as soon as the supervisor becomes aware of the violation;

(9) The failure of a supervisor to make protected disclosures pursuant to § 1-615.52(a)(6)(D) shall be a basis for disciplinary action including dismissal;

(10) Upon receipt of an adjudicative finding that a protected activity was a contributing factor in an alleged prohibited personnel action, the appropriate agency head shall immediately institute disciplinary action against the offending supervisor; and

(11) Disciplinary action taken pursuant to this section shall follow the procedures of subchapter XVI-A, where applicable.

§ 1–615.58a. Salary restriction for interfering with Council whistleblowers.

District funds shall not be available for the payment of the salary of any officer or employee of the District who:

(1) Prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the District from having any direct oral or written communication or contact with any member, committee, or subcommittee of the Council in connection with any matter pertaining to the employment of the other officer or employee or pertaining to the department or agency of the other officer or employee in any way, irrespective of whether the communication or contact is at the initiative of the other officer or employee or in response to the request or inquiry of the member, committee, or subcommittee, of the Council except where the communication or contact would be unlawful; or

(2) Removes; suspends from duty without pay; demotes; reduces in rank, seniority, status, pay, or performance rating; denies promotion to; relocates; reassigns; transfers; disciplines; or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment, of any other officer or employee of the District, or attempts or threatens to commit any of the foregoing actions with respect to the other officer or employee, by reason of any communication or contact of the other officer or employee with any member, committee, or subcommittee of the Council as described in paragraph (1) of this section.

§ 1–615.59. Applicability.

This subchapter shall apply to actions taken after July 13, 1998.

Subchapter XVI. Adverse Actions; Grievances. [Repealed].

§ 1–616.01. Adverse actions. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1601, 25 DCR 5740; Sept. 26, 1980, D.C. Law 3-109, § 4(a), 27 DCR 3785; Sept. 5, 1985, D.C. Law 6-19, § 14(a), 32 DCR 3590; Feb. 24, 1987, D.C. Law 6-177, § 3(t), 33 DCR 7241; Mar. 24, 1990, D.C. Law 8-98, § 2, 37 DCR 1058; May 15, 1990, D.C. Law 8-128, § 2(a), 37 DCR 2099; Aug. 1, 1996, D.C. Law 11-152, § 302(s), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-617.1.

1973 Ed., § 1-346.1.

Cross References

Office of police complaints, authority, complaint processing procedures, see § 5-1107.

Office of police complaints, referral to the United States Attorney, see § 5-1109.

Procurement, criteria for Council review of multiyear contracts and contracts in excess of $1 million, see § 2-301.05a.

Emergency Legislation

Editor's Notes

Applicability of § 101(r) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–616.02. Grievances. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1602, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(u), 33 DCR 7241; May 15, 1990, D.C. Law 8-128, § 2(b), 37 DCR 2099; Aug. 1, 1996, D.C. Law 11-152, § 302(t), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-617.2.

1973 Ed., § 1-346.2.

See Historical and Statutory Notes following § 1-603.01.

Editor's Notes

§ 1–616.03. Procedures and appeals. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1603, 25 DCR 5740; May 15, 1990, D.C. Law 8-128, § 2(c), 37 DCR 2099; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-617.3.

1973 Ed., § 1-346.3.

Emergency Legislation

See Historical and Statutory Notes following § 1-616.01.

See Historical and Statutory Notes following § 1-603.01.

Editor's Notes

Applicability of § 101(r) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.01.

Subchapter XVI-A. General Discipline and Grievances.

§ 1–616.51. Policy.

The District of Columbia government finds that a radical redesign of the adverse and corrective action system by replacing it with more positive approaches toward employee discipline is critical to achieving organizational effectiveness. To that end, the Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall issue rules and regulations to establish a disciplinary system that includes:

(1) A provision that disciplinary actions may only be taken for cause;

(2) A definition of the causes for which a disciplinary action may be taken;

(3) Prior written notice of the grounds on which the action is proposed to be taken;

(4) Except as provided in paragraph (5) of this section, a written opportunity to be heard before the action becomes effective, unless the agency head finds that taking action prior to the exercise of such opportunity is necessary to protect the integrity of government operations, in which case an opportunity to be heard shall be afforded within a reasonable time after the action becomes effective; and

(5) An opportunity to be heard within a reasonable time after the action becomes effective when the agency head finds that taking action is necessary because the employee’s conduct threatens the integrity of government operations; constitutes an immediate hazard to the agency, to other District employees, or to the employee; or is detrimental to the public health, safety or welfare.

(Mar. 3, 1979, D.C. Law 2-139, § 1651; as added June 10, 1998, D.C. Law 12-124, § 101(s), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-617.51.

Section References

This section is referenced in § 1-606.04, § 1-616.54, § 2-352.02, § 2-354.01, and § 2-359.01.

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of Reinstated Government Employee Review Emergency Act of 2011 (D.C. Act 19-27, March 1, 2011, 58 DCR 2585).

Temporary Legislation

Section 2 of D.C. Law 19-6 added a section to read as follows:

“Sec. 2. Report on reinstatement of separated employees.

“(a) Within 120 days of the effective date of the Reinstated Government Employee Review Emergency Act of 2011, passed on emergency basis on February 15, 2011 (Enrolled version of Bill 19-112), the Mayor shall review the status of all separated District employees, since January 3, 2007, who have in their favor a current employee appeal decision for reinstatement to service by a statutorily recognized entity, including the Public Employee Relations Board, the Office of Employee Appeals, the Office of Administrative Hearings, and the courts of the District of Columbia.

“(b) After the review in subsection (a) of this section is completed, the Mayor shall have 45 days to issue a report to the Council on the status of each decision for reinstatement to service described in subsection (a) of this section, and the District’s plan for each employee who is to be reinstated.”

Section 4(b) of D.C. Law 19-6 provided that the act shall expire after 225 days of its having taken effect

Editor's Notes

Applicability of § 101(s) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Construction of Law

Construction of Law 12-124

§ 1–616.52. Disciplinary grievances and appeals.

(a) An official reprimand or a suspension of less than 10 days may be contested as a grievance pursuant to § 1-616.53 except that the grievance must be filed within 10 days of receipt of the final decision on the reprimand or suspension.

(b) An appeal from a removal, a reduction in grade, or suspension of 10 days or more may be made to the Office of Employee Appeals. When, upon appeal, the action or decision by an agency is found to be unwarranted by the Office of Employee Appeals, the corrective or remedial action directed by the Office of Employee Appeals shall be taken in accordance with the provisions of subchapter VI of this chapter within 30 days of the OEA decision.

(c) A grievance pursuant to subsection (a) of this section or an appeal pursuant to subsection (b) of this section shall not serve to delay the effective date of a decision by the agency.

(d) Any system of grievance resolution or review of adverse actions negotiated between the District and a labor organization shall take precedence over the procedures of this subchapter for employees in a bargaining unit represented by a labor organization. If an employee does not pay dues or a service fee to the labor organization, he or she shall pay all reasonable costs to the labor organization incurred in representing such employee.

(e) Matters covered under this subchapter that also fall within the coverage of a negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either pursuant to § 1-606.03, or the negotiated grievance procedure, but not both.

(f) An employee shall be deemed to have exercised their option pursuant to subsection (e) of this section to raise a matter either under the applicable statutory procedures or under the negotiated grievance procedure at such time as the employee timely files an appeal under this section or timely files a grievance in writing in accordance with the provision of the negotiated grievance procedure applicable to the parties, whichever event occurs first.

§ 1–616.53. Grievances.

(a) The Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall issue rules and regulations providing procedures for the prompt handling of grievances of employees and applicants for employment. The grievance system shall be made known to all employees and shall provide for an alternative dispute resolution mechanism. The grievance system shall provide for the expeditious adjustment of grievances and complaints.

(b) Except when an employee is grieving a disciplinary action pursuant to § 1-616.52, no employee or applicant shall present a grievance pursuant to this section more than 45 days, not including Saturdays, Sundays, or legal holidays, after the date that the employee knew or should have known of the act or occurrence that is the subject of the grievance.

§ 1–616.54. Administrative leave; enforced leave.

(a) Notwithstanding any other provision of this subchapter, a personnel authority may authorize the placing of an employee on annual leave or leave without pay, as provided in this section, if:

(1) A determination has been made that the employee utilized fraud in securing his or her appointment or that he or she falsified official records;

(2) The employee has been indicted on, arrested for, or convicted of a felony charge (including conviction following a plea of nolo contendere); or

(3) The employee has been indicted on, arrested for, or convicted of any crime (including conviction following a plea of nolo contendere) that bears a relationship to his or her position; except that no such relationship need be established between the crime and the employee’s position in the case of uniformed members of the Metropolitan Police Department or correctional officers in the D.C. Department of Corrections.

(b) Prior to placing an employee on enforced leave pursuant to this section, an employee shall initially be placed on administrative leave for a period of 5 work days, followed by enforced annual leave or, if no annual leave is available, leave without pay. The employee shall remain in this status until such time as an action in accordance with regulations issued pursuant to § 1-616.51, taken as a result of the event that caused this administrative action, is effected or a determination is made that no such action in accordance with regulations issued pursuant to § 1-616.51 will be taken.

(c) An employee to be placed on enforced leave shall be provided with a written notice proposing that action during the 5-day period of administrative leave. To ensure receipt within the 5-day period, the initial delivery of notice may be accomplished either in person or by reading the notice to the employee over the telephone prior to actual delivery of the written notice.

(d) A written notice issued pursuant to this section shall inform the employee of the following:

(1) The reasons for the proposed enforced leave;

(2) The beginning and ending dates of administrative leave;

(3) The beginning date of the proposed enforced leave;

(4) His or her right to respond, orally or in writing, or both, to the notice; and

(5) His or her right to be represented by an attorney or other representative.

(e) Within the 5-day administrative leave period, the employee’s explanation, if any, and statements of any witnesses shall be considered and a written decision shall be issued by the personnel authority.

(f) If a determination is made to place the employee on annual leave or leave without pay, the decision letter shall inform him or her of the placement on enforced leave, the date the leave is to commence, his or her right to grieve the action within 10 days of receipt of the written decision letter, and if the enforced leave lasts 10 or more days, his or her right to file an appeal with the Office of Employee Appeals within 30 days of the effective date of the appealed agency action.

(g) If the basis for placing an employee on enforced leave pursuant to this section does not result in the taking of a disciplinary action pursuant to § 1-616.52 (or, in the case of an incumbent of a statutory position, the employee is not disciplined or removed in accordance with the provisions of the statute establishing the position), any annual leave or pay lost as a result of this administrative action shall be restored retroactively.

(Mar. 3, 1979, D.C. Law 2-139, § 1654; as added June 10, 1998, D.C. Law 12-124, § 101(s), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-264, § 5(c), 46 DCR 2118; May 18, 2004, D.C. Law 15-162, § 2(b), 51 DCR 3628.)

Prior Codifications

1981 Ed., § 1-617.54.

Effect of Amendments

D.C. Law 15-162 rewrote subsec. (f) which had read as follows: “(f) If a determination is made to place the employee on annual leave or leave without pay, the decision letter shall inform him or her of the placement on enforced leave, the date the leave is to commence, and his or her right to grieve the action within 10 days of receipt of the written decision letter.”

Cross References

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

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Washington Convention Center Authority, application of this subchapter, see § 10-1202.16.

Editor's Notes

Applicability of § 101(s) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.51.

Delegation of Authority

Subchapter XVII. Labor-Management Relations.

§ 1–617.01. Policy.

(a) The District of Columbia government finds and declares that an effective collective bargaining process is in the general public interest and will improve the morale of public employees and the quality of service to the public.

(b) Each employee of the District government has the right, freely and without fear of penalty or reprisal:

(1) To form, join, and assist a labor organization or to refrain from this activity;

(2) To engage in collective bargaining concerning terms and conditions of employment, as may be appropriate under this law and rules and regulations, through a duly designated majority representative; and

(3) To be protected in the exercise of these rights.

(c) The Mayor or appropriate personnel authority, including his or her or its duly designated representative(s), shall meet at reasonable times with exclusive representative(s) of bargaining unit employees to bargain collectively in good faith.

(d) Subsection (b) of this section does not authorize participation in the management of a labor organization or activity as a representative of such an organization by a supervisor, or management official or by an employee when the participation or activity would result in a conflict of interest or otherwise be incompatible with law or with the official duties of the employee. Supervisor means an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The definition of supervisor shall include an incumbent of a position which is classified at a level higher than it would have been had the incumbent not performed some or all of the above duties.

(Mar. 3, 1979, D.C. Law 2-139, § 1701, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(a), 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-618.1.

1973 Ed., § 1-347.1.

Section References

This section is referenced in § 1-615.52.

Effect of Amendments

D.C. Law 14-190, in subsec. (c), substituted “representative(s) of bargaining unit employees” for “employee representatives”.

Cross References

Employee deferred compensation program, employee eligibility, treatment of benefits, authorization of program, see 47-3601.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3732(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

Short title of subtitle B of title XXXVIII of Law 14-190: Section 3831 of D.C. Law 14-190 provided that subtitle B of title XXXVIII of the act may be cited as the Labor Relations Amendment Act of 2002.

Mayor's Orders

Establishment of Labor Liaisons: See Mayor’s Order 88-101, April 26, 1988.

Resolutions

Resolution 16-347, the “Compensation Agreement Between the District of Columbia and Compensation Unit 33 Agency Counsel Approval Resolution of 2005”, was approved effective November 1, 2005.

§ 1–617.02. Labor-management relations program established; contents; impasse resolution.

(a) The Public Employee Relations Board (hereinafter in this subchapter referred to as the “Board”) shall issue rules and regulations establishing a labor-management relations program to implement the policy set forth in this subchapter.

(b) The labor-management relations program shall include:

(1) A system for the orderly resolution of questions concerning the recognition of majority representatives of employees;

(2) The resolution of unfair labor practice allegations;

(3) The protection of employee rights as set forth in § 1-617.06;

(4) The right of employees to participate through their duly-designated exclusive representative in collective bargaining concerning terms and conditions of employment as may be appropriate under this chapter and rules and regulations issued pursuant thereto;

(5) The scope of bargaining;

(6) The resolution of negotiation impasses concerning matters appropriate for collective bargaining; and

(7) Any other matters which affect employee-employer relations.

(1) Mediation;

(2) Fact-finding;

(3) Advisory arbitration;

(4) Request for injunction;

(5) Binding arbitration;

(6) Final best offer binding arbitration; and

(7) Final best offer binding arbitration item by item on noncompensation matters.

(d) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, further negotiation appears to be unproductive to the Board, an impasse shall be deemed to have occurred. Where deemed appropriate, impasse resolution procedures may be conducted by the Board, its staff or third parties chosen either by the Board or by the mutual concurrence of the parties to the dispute. Impasse resolution machinery may be invoked by either party or on application of the Board. The choice of the form(s) of impasse resolution machinery to be utilized in a particular instance shall be the prerogative of the Board, after appropriate consultation with the interested parties. In considering the appropriate award for each impasse item to be resolved, any third party shall consider at least the following criteria:

(1) Existing laws and rules and regulations which bear on the item in dispute;

(2) Ability of the District to comply with the terms of the award;

(3) The need to protect and maintain the public health, safety and welfare; and

(4) The need to maintain personnel policies that are fair, reasonable, and consistent with the objectives of this chapter.

§ 1–617.03. Standards of conduct for labor organizations.

(a) Recognition shall be accorded only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. A labor organization must certify to the Board that its operations mandate the following:

(1) The maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings;

(2) The exclusion from office in the organization of any person identified with corrupt influences;

(3) The prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members;

(4) Fair elections; and

(5) The maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members.

(b) The Board may accept any of the following as evidence that a labor organization’s operations meet the requirements of subsection (a) of this section:

(1) A statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice;

(2) A copy of the labor organization’s constitution and bylaws which contain explicit provisions covering these standards;

(3) A copy of rules and regulations of the organization which have been officially adopted by the membership, which contain explicit provisions covering these standards; or

(4) An official certification in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this section.

(c) The Board shall prescribe the rules and regulations needed to effect this section. Any complaint of a violation of this section shall be filed with the Board.

§ 1–617.04. Unfair labor practices.

(a) The District, its agents, and representatives are prohibited from:

(1) Interfering with, restraining, or coercing any employee in the exercise of the rights guaranteed by this subchapter;

(2) Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing financial or other support to it, except that the District may permit employees to negotiate or confer with it during working hours without loss of time or pay;

(3) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, except as otherwise provided in this chapter;

(4) Discharging or otherwise taking reprisal against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subchapter; or

(5) Refusing to bargain collectively in good faith with the exclusive representative.

(b) Employees, labor organizations, their agents, or representatives are prohibited from:

(1) Interfering with, restraining, or coercing any employees or the District in the exercise of rights guaranteed by this subchapter;

(2) Causing or attempting to cause the District to discriminate against an employee in violation of § 1-617.06;

(3) Refusing to bargain collectively in good faith with the District if it has been designated in accordance with this chapter as the exclusive representative of employees in an appropriate unit;

(4) Engaging in a strike, or any other form of unauthorized work stoppage or slowdown, or in the case of a labor organization, its agents, or representatives condoning any such activity by failing to take affirmative action to prevent or stop it; and

(5) Engaging in a strike or refusal to handle goods or perform services, or threatening, coercing or restraining any person with the object of forcing or requiring any person to cease, delay, or stop doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not recognized pursuant to the procedures set forth in § 1-617.06.

§ 1–617.05. Strikes prohibited.

It shall be unlawful for any District government employee or labor organization to participate in, authorize, or ratify a strike against the District.

§ 1–617.06. Employee rights.

(a) All employees shall have the right:

(1) To organize a labor organization free from interference, restraint, or coercion;

(2) To form, join, or assist any labor organization or to refrain from such activity;

(3) To bargain collectively through representatives of their own choosing as provided in this subchapter; and

(4) To refrain from any or all such activities under paragraphs (1), (2), and (3) of this subsection, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in § 1-617.11.

(b) Notwithstanding any other provision in this chapter, an individual employee may present a grievance at any time to his or her employer without the intervention of a labor organization: Provided, however, that the exclusive representative is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the complaint. Any employee or employees who utilize this avenue of presenting personal complaints to the employer may not do so under the name, or by representation, of a labor organization. Adjustments of grievances must be consistent with the terms of the applicable collective bargaining agreement. Where the employee is not represented by the union with exclusive recognition for the unit, no adjustment of a grievance shall be considered as a precedent or as relevant either to the interpretation of the collective bargaining agreement or to the adjustment of other grievances.

§ 1–617.07. Union security; dues deduction.

Any labor organization which has been certified as the exclusive representative shall, upon request, have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues. Such authorization, costs, and termination shall be proper subjects of collective bargaining. Service fees may be deducted from an employee’s salary by the employer if such a provision is contained in the bargaining agreement.

§ 1–617.08. Management rights; matters subject to collective bargaining.

(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations:

(1) To direct employees of the agencies;

(2) To hire, promote, transfer, assign, and retain employees in positions within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause;

(3) To relieve employees of duties because of lack of work or other legitimate reasons;

(4) To maintain the efficiency of the District government operations entrusted to them;

(5) To determine:

(A) The mission of the agency, its budget, its organization, the number of employees, and to establish the tour of duty;

(B) The number, types, and grades of positions of employees assigned to an agency’s organizational unit, work project, or tour of duty;

(D) The agency’s internal security practices; and

(6) To take whatever actions may be necessary to carry out the mission of the District government in emergency situations.

(a-1) An act, exercise, or agreement of the respective personnel authorities (management) shall not be interpreted in any manner as a waiver of the sole management rights contained in subsection (a) of this section.

(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter. Negotiations concerning compensation are authorized to the extent provided in § 1-617.16.

(c)(1) All matters pertaining to the discipline of sworn law enforcement personnel shall be retained by management and not be negotiable through bargaining, including substantive or impacts-and-effects bargaining.

(2) This subsection shall apply to any collective bargaining agreements entered into with the Fraternal Order of Police/Metropolitan Police Department Labor Committee after September 30, 2020, and to any collective bargaining agreements automatically renewed on or after September 30, 2020.

§ 1–617.09. Unit determination.

(a) The determination of an appropriate unit will be made on a case-to-case basis and will be made on the basis of a properly-supported request from a labor organization. No particular type of unit may be predetermined by management officials nor can there be any arbitrary limit upon the number of appropriate units within an agency. The essential ingredient in every unit is community of interest: Provided, however, that an appropriate unit must also be one that promotes effective labor relations and efficiency of agency operations. A unit should include individuals who share certain interests, such as skills, working conditions, common supervision, physical location, organization structure, distinctiveness of functions performed, and the existence of integrated work processes. No unit shall be established solely on the basis of the extent to which employees in a proposed unit have organized; however, membership in a labor organization may be considered as 1 factor in evaluating the community of interest of employees in a proposed unit.

(b) A unit shall not be established if it includes the following:

(1) Any management official or supervisor: Except, that with respect to fire fighters, a unit that includes both supervisors and nonsupervisors may be considered: Provided, further, that supervisors employed by the District of Columbia Public Schools may form a unit which does not include nonsupervisors;

(2) A confidential employee;

(3) An employee engaged in personnel work in other than a purely clerical capacity;

(4) An employee engaged in administering the provisions of this subchapter;

(5) Both professional and nonprofessional employees, unless a majority of the professional employees vote or petition for inclusion in the unit;

(6) Employees of the Council of the District of Columbia; or

(7) Employees within the Educational Service in the District of Columbia Public Schools and the Office of the State Superintendent of Education who serve without tenure pursuant to [§ 1-608.01a].

(c) Two or more units for which the labor organization holds exclusive recognition within an agency may be consolidated into a single larger unit if the Board determines the larger unit to be appropriate. The Board shall certify the labor organization as the exclusive representative in the new unit when the unit is found appropriate.

(Mar. 3, 1979, D.C. Law 2-139, § 1709, 25 DCR 5740; Mar. 20, 2008, D.C. Law 17-122, § 2(d), 55 DCR 1506; Aug. 16, 2008, D.C. Law 17-219, § 4019(c), 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 224(b), 56 DCR 1117.)

Prior Codifications

1981 Ed., § 1-618.9.

1973 Ed., § 1-347.9.

Section References

This section is referenced in § 1-617.11.

Effect of Amendments

D.C. Law 17-122, in subsec. (b)(1), substituted “Public Schools” for “Board of Education”; in subsec. (b)(5), deleted “or” from the end; in subsec. (b)(6), substituted “; or” for a period; and added subsec. (b)(7).

D.C. Law 17-219, in subsec. (b)(7), substituted “and the Office of the State Superintendent of Education” for “, the Office of the State Superintendent for Education, and the Office of Public Education Facilities Modernization”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(c) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

§ 1–617.10. Selection of exclusive representatives; elections.

(a) Exclusive recognition shall be granted to a labor organization which has been selected by a majority of employees in an appropriate unit who participate in an election, conducted by secret ballot, or by any other method in conformity with such rules and regulations as may be prescribed by the Board.

(b)(1) The employer may recognize, without an election, a labor organization as the exclusive representative for purpose of collective bargaining if an alternative method for determining majority status, such as a card check showing actual membership in the labor organization seeking recognition, has been approved by the Board.

(2) The Board shall issue rules and regulations which provide procedures for decertification of exclusive representatives upon the request of 30 percent of the employees or the District and the holding of an election. Such rules and regulations issued by the Board shall prescribe the criteria under which the District may request decertification, such as lack of any unit activity over a period of time.

(c) Representation elections shall be conducted by an impartial body selected by the mutual agreement of the parties or, in the absence of a mutual agreement, by the Board. The entity conducting the election shall be subject to the provisions of this chapter, those rules and regulations as may be issued by the Board, or any election agreement as may be reached which is not inconsistent with this subchapter.

(d) The Board shall certify the results of each election within 10 working days after the final tally of votes, if:

(1) Within the meaning of such rules and regulations as the Board may issue, no objection to the election is filed alleging that there has been conduct which affected the outcome of the election; or

(2) The Board has determined that the number of challenged ballots is not sufficient to affect the outcome of the election.

(e) If the Board has reason to believe that such allegations or challenges may be valid, the Board shall hold a hearing on the matter within 2 weeks after the date of receipt of the objection. The Board shall give due notice of the hearing to all parties. If the Board determines that the outcome of the election was affected, even by third-party interference, or if the Board determines that the number of challenged ballots was sufficient to affect the outcome of the election, it shall require corrective action and may order a new election. If the Board determines that the alleged conduct did not affect the outcome of the election, it shall immediately certify the election results.

(f) A labor organization seeking exclusive recognition shall submit to the Board and the appropriate agency a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.

§ 1–617.11. Rights accompanying exclusive recognition.

(a) The labor organization which has been certified to be the exclusive representative of all employees in the unit shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to membership in the labor organization: Provided, however, that the employee pays dues or service fees consistent with law. Agency shop and other labor organization security provisions should be an appropriate issue for collective bargaining.

(b) Bargaining units established at the time this chapter becomes effective shall continue to be recognized as appropriate units subject to § 1-617.09(c), and labor organizations which have exclusive recognition in bargaining units existing at the time this chapter becomes effective shall continue to enjoy exclusive recognition in these units subject to § 1-617.10(b)(2).

(Mar. 3, 1979, D.C. Law 2-139, § 1711, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(d), 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-618.11.

1973 Ed., § 1-347.11.

Section References

This section is referenced in § 1-617.06.

Effect of Amendments

D.C. Law 14-190, in subsec. (a), substituted “consistent with law” for “in an amount equal to the dues of the employees’ organizations”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3732(d) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

§ 1–617.12. Sunshine provisions.

Collective bargaining sessions between the District and employee organization representatives shall not be open to the public. All fact-finding proceedings under this subchapter shall be open to the public.

§ 1–617.13. Remedies; enforcement; judicial review; payment of costs.

(a) Remedies of the Board may include, but shall not be limited to, orders which: Withdraw or decertify recognition of a labor organization; direct a new representation election; recommend that disciplinary action be taken against an employee or group of employees by an appropriate agency head; reinstate, with or without back pay, or otherwise make whole, the employment or tenure of any employee, who the Board finds has suffered adverse economic effects in violation of this subchapter, though for adequate cause under the provisions of subchapter XVI-A of this chapter; compel bargaining in good faith; compel a labor organization or the District to desist from conduct prohibited under this subchapter; or direct compliance with the provisions of this subchapter.

(b) The Board may request the Superior Court of the District of Columbia to enforce any order issued pursuant to this subchapter, including those for appropriate temporary relief or restraining orders. No defense or objection to an order of the Board shall be considered by the Court, unless such defense or objection was first urged before the Board. The findings of the Board with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The Court may grant such temporary relief or restraining order as it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the Board.

(c) Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain review of such order in the Superior Court of the District of Columbia by filing a request within 30 days after the final order has been issued. The Court shall have the same jurisdiction to review the Board’s order and to grant to the Board such order of enforcement as in the case of a request by the Board under subsection (b) of this section.

(d) The Board shall have the authority to require the payment of reasonable costs incurred by a party to a dispute from the other party or parties as the Board may determine.

§ 1–617.14. Timeliness of decisions.

All decisions of the Board shall be rendered within a reasonable period of time, and in no event later than 120 days after the matter is submitted or referred to it for a decision.

§ 1–617.15. Collective bargaining agreements.

(a) An agreement with a labor organization is subject to the approval of the Mayor or his or her designee; provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards. An agreement shall be approved within 45 days from the date of its execution by the parties, if it conforms to applicable law. If disapproved because certain provisions are asserted to be contrary to law, the agreement shall either be returned to the parties for renegotiation of the offensive provisions or such provisions shall be deleted from the agreement. An agreement which has not been approved or disapproved within the prescribed period of 45 days shall go into effect on the 46th day and shall be binding on the parties.

(b) The Mayor and each appropriate personnel authority shall submit the collective bargaining agreement to the Council for its information.

(Mar. 3, 1979, D.C. Law 2-139, § 1715, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(v), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(u), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(f), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-618.15.

1973 Ed., § 1-347.15.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or The Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards” for “or in the case of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia, by the respective Boards” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(f) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–617.16. Collective bargaining concerning compensation.

(a) The Board shall provide for collective bargaining concerning compensation under the procedures of and on the dates provided in § 1-617.17. The Mayor, the Attorney General for employees of the Office of the Attorney General, the District of Columbia Board of Education for its educational employees, and the Board of Trustees of the University of the District of Columbia for its educational employees shall negotiate agreements regarding noncompensation issues at the same time as compensation issues.

(b) The provisions of this section shall become effective on January 1, 1980, and shall apply to all employees, including employees described in § 1-602.04, of a particular occupational group who are represented by a labor organization which has been granted exclusive recognition under this chapter by the Board. The determination of an appropriate unit for the purpose of negotiations concerning compensation shall not require a request from a labor organization. In determining appropriate bargaining units for negotiations concerning compensation, the Board shall authorize broad units of occupational groups so as to minimize the number of different pay systems or schemes. The Board may authorize bargaining by multiple employer or employee groups as may be appropriate.

(Mar. 3, 1979, D.C. Law 2-139, § 1716, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(w), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(v), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(g), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-618.16.

1973 Ed., § 1-347.16.

Section References

This section is referenced in § 1-602.06, § 1-617.08, § 1-617.17, § 1-636.02, § 38-2021.13, and § 38-2023.16.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “the Attorney General for employees of the Office of the Attorney General” in (a).

Cross References

Retirement of public school teachers, compensation and salaries, purchase of annuity contracts, see § 38-2023.16.

Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–617.17. Collective bargaining concerning compensation.

(a) Collective bargaining concerning compensation is authorized as provided in §§ 1-602.06 and 1-617.16. Such compensation bargaining shall preempt other provisions of this subchapter except as provided in this section. The principles of § 1-611.03 shall apply to compensation set under the provisions of this section.

(b) As provided in this section, the Mayor, the Board of Education, the Board of Trustees of the University of the District of Columbia, and each independent personnel authority, or any combination of the above (“management”) shall meet with labor organizations (“labor”) which have been authorized to negotiate compensation at reasonable times in advance of the District’s budget making process to negotiate in good faith with respect to salary, wages, health benefits, within-grade increases, overtime pay, education pay, shift differential, premium pay, hours, and any other compensation matters. No subordinate agency shall negotiate a collective bargaining agreement.

(d) Repealed.

(e) Repealed.

(f)(1) Collective bargaining for a given fiscal year or years shall take place at such times as to be reasonably assured that negotiations shall be completed prior to submission of a budget for said year(s) in accordance with this section.

(A)(i) A party seeking to negotiate a compensation agreement shall serve a written demand to bargain upon the other party during the period 120 days to 90 days prior to the first day of the fiscal year, for purposes of negotiating a compensation agreement for the subsequent fiscal year.

(ii) Where the compensation agreement to be negotiated is for a newly certified collective bargaining unit assigned to a newly created compensation unit, working conditions or other non-compensation matters shall be negotiated concurrently with negotiations concerning compensation.

(iii) Where the compensation agreement to be negotiated is for a newly certified collective bargaining unit assigned to an existing compensation unit, the parties shall proceed promptly to negotiate concurrently any working conditions, other non-compensation matters, and coverage of the compensation agreement.

(B) Negotiations among the parties shall continue until a settlement is reached, or until 180 days after negotiations have commenced.

(2) If the parties have failed to begin negotiations within 90 days of the end of the annual notice period, or have failed to reach settlement on any issues 180 days after negotiations have commenced, then an automatic impasse may be declared by any party. The declaring party shall promptly notify the Executive Director of the Public Employee Relations Board in writing of an impasse. The Executive Director shall assist in the resolution of this declared automatic impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the declared automatic impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best offer of each party shall be the basis for such automatic impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute.

(3) If the parties reach an impasse on any issues in negotiations before the declared automatic impasse date, any party shall promptly notify the Executive Director of the Public Employee Relations Board in writing. The Executive Director shall assist in the resolution of this impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best offer of each party shall be the basis for this impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute.

(3A) If requested by both parties or ordered by the Executive Director of the Public Employee Relations Board, a mediator or Board of Arbitration appointed pursuant to paragraphs (2) or (3) of this subsection shall consider non-compensation matters at impasse at the same time it considers compensation matters at impasse.

(4) If the procedures set forth in paragraph (1), (2), (3), or (3A) of this subsection are implemented, no change in the status quo shall be made pending the completion of mediation and arbitration, or both.

(5) The factfinder, mediator, and any members of the Board of Arbitration appointed by the Executive Director of the Public Employee Relations Board shall be entitled to compensation at the maximum daily rate allowable by law for each day they are actually engaged in performing services under this section. Compensation for arbitration shall be divided equally and paid one-half by management and one-half by labor; compensation for mediation and fact-finding shall be paid by the moving party, or shared if by mutual request.

(g) Multi-year compensation agreements are encouraged. No compensation agreement shall be for a period of less than 3 years.

(h) Compensation negotiations pursuant to this section shall be confidential among the parties; provided, however, that the Council may appoint observers from its membership and staff, or both, to the negotiations. Such Council observers will be responsible for informing the members of the Council of the progress of negotiations. All information concerning negotiations shall be considered confidential until impasse resolution proceedings have been concluded or upon settlement. Management shall give the Council the same prior notice of negotiation proceedings that it gives to all parties to the negotiations.

(i)(1) The Mayor shall transmit all settlements, including arbitration awards, to the Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget request act, a supplemental budget request act, a budget amendment act, or a reprogramming, as appropriate; except that when a settlement, including an arbitrator’s award, has been fully funded by an enacted budget request act, supplemental budget request act, or budget amendment act or an approved reprogramming request, the Mayor shall submit the settlement, including an arbitrator’s award, with a certification that the settlement, including arbitrator’s award, is fully funded by the previously enacted budget measure or approved reprogramming. The budget request act, supplemental budget request act, budget amendment act, or reprogramming shall fully fund the settlement for the fiscal year to which it applies.

(2) At the same time the Mayor transmits a settlement, including any arbitration award, pursuant to paragraph (1) of this subsection, the Mayor shall also transmit a financial plan that includes proposed funding for both actual and annualization costs of settlements for future fiscal years contained in a multi-year compensation agreement.

(3) The Mayor shall fully support the passage of settlements by every reasonable means before all legislative bodies, except that the Mayor is not required to support Council approval of an arbitrator’s award, or to support Council approval of a settlement negotiated by the Board of Education, the Board of Trustees of the University of the District of Columbia, or other independent personnel authority, unless the Mayor participated in the negotiations.

(j) A settlement, including an arbitrator’s award, shall take effect on the 30th calendar day, excluding days of Council recess, after the Mayor and the Council enact the budget request act, the supplemental budget request act, or the budget amendment act, or approve the reprogramming, as appropriate, that contains the funded settlement, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including an arbitrator’s award, by resolution. In the case of a settlement, including an arbitrator’s award, submitted after the enactment of budget legislation or the approval of a reprogramming that fully funds the settlement, including arbitrator’s award, the settlement, including arbitrator’s award shall take effect on the 30th calendar day, excluding days of Council recess, after the Mayor transmits the settlement, including arbitrator’s award, to the Council with the Mayor’s certification that the settlement, including arbitrator’s award, has been fully funded in previously enacted budget legislation or an approved reprogramming, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including arbitrator’s award, by resolution. If the Council rejects a settlement, including an arbitrator’s award, then the settlement shall be returned to the parties for renegotiation, with specific reasons for the rejection appended to the document disclosing the rejection of the settlement.

(k) The Mayor shall fully fund in future fiscal year budget requests, any settlement, including an arbitrator’s award, for future fiscal years contained in a multi-year compensation agreement that has been approved pursuant to this section. Any settlement, including an arbitrator’s award, that has been approved pursuant to this section shall be included in either the District budget request or in any supplemental budget request and shall be fully supported by the District by every reasonable means before Congressional bodies.

(l) Notwithstanding any provisions of subchapters XXII, XXIII, or XXVII of this chapter to the contrary, the health, life, and retirement programs authorized by these subchapters are proper subjects of collective bargaining under this section.

(m) When the Public Employee Relations Board makes a determination as to the appropriate bargaining unit for the purpose of compensation negotiations pursuant to § 1-617.16, negotiations for compensation between management and the exclusive representative of the appropriate bargaining unit shall commence as provided for in subsection (f) of this section. The Mayor shall negotiate agreements concerning working conditions at the same time as he or she negotiates compensation issues.

(n)(1) Notwithstanding any other provisions of law, the District is authorized to establish the compensation of District employees and to negotiate with the exclusive representative of the appropriate bargaining unit concerning the compensation rules for employees’ overtime work in excess of the basic non-overtime workday, in accordance with this chapter and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.).

(2) This subsection shall be retroactively effective as of the fiscal year beginning October 1, 2004.

(Mar. 3, 1979, D.C. Law 2-139, § 1113, 25 DCR 5740; redesignated as § 1717, Mar. 4, 1981, D.C. Law 3-130, § 2(f), 28 DCR 277; Apr. 25, 1984, D.C. Law 5-77, § 2, 31 DCR 1225; Aug. 1, 1985, D.C. Law 6-15, § 7(f), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(x), 33 DCR 7241; June 5, 1987, D.C. Law 7-6, § 2, 34 DCR 2637; July 25, 1987, D.C. Law 7-16, § 2, 34 DCR 3799; Oct. 1, 1987, D.C. Law 7-27, § 2(h), 34 DCR 5079; Apr. 30, 1988, D.C. Law 7-104, § 36(b), 35 DCR 147; Mar. 17, 1993, D.C. Law 9-243, § 2, 40 DCR 636; May 16, 1995, D.C. Law 10-255, § 2(b), 41 DCR 5193; Aug. 1, 1996, D.C. Law 11-152, § 302(w), 43 DCR 2978; Mar. 20, 1998, D.C. Law 12-60, § 1001, 44 DCR 7378; June 10, 1998, D.C. Law 12-124, § 101(t), 45 DCR 2464; Sept. 18, 1998, D.C. Law 12-151, § 2(b), 45 DCR 4043; Oct. 1, 2002, D.C. Law 14-190, § 3832(e), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15-205, § 1022, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-334, § 2(c), 52 DCR 2012; Oct. 20, 2005, D.C. Law 16-33, § 1021, 52 DCR 7503; Mar. 25, 2009, D.C. Law 17-367, § 2, 56 DCR 1336; Sept. 24, 2010, D.C. Law 18-223, § 1032(b), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 793, 58 DCR 1008.)

Prior Codifications

1981 Ed., § 1-618.17.

1973 Ed., § 1-341.13.

Section References

This section is referenced in § 1-617.16 and § 1-636.02.

Effect of Amendments

D.C. Law 14-190 repealed subsecs. (c) and (e); rewrote pars. (1) and (2) of subsec. (f); deleted the last sentence in subsec. (g); and rewrote subsec. (m).

D.C. Law 15-205 added subsec. (n).

D.C. Law 15-334, in subsec. (f), rewrote par. (1)(A), substituted “45” for “20” in par. (3), added par. (3A), and substituted “(1), (2), (3), or (3A)” for “(1), (2), or (3)” in par. (4); and, in subsec. (h), substituted “until impasse resolution proceedings have been concluded or upon settlement” for “until impasse or settlement”.

D.C. Law 16-33, in subsec. (b), substituted “compensation matters. No subordinate agency shall negotiate a collective bargaining agreement.” for “compensation matters.”.

D.C. Law 17-367, in subsec. (i)(1), substituted “Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget” for “Council with a budget”.

D.C. Law 18-223, in subsec. (n)(1), deleted “in excess of the basic non-overtime workday” following “overtime work”.

D.C. Law 18-370, in subsec. (n)(1), substituted “for employees’ overtime work in excess of the basic non-overtime workday” for “for employees’ overtime work”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1172 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary amendment of section, see § 1001 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 1001 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary (90 day) amendment of section, see § 3732(e) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 1021 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Emergency Act of 2006 (D.C. Act 16-254, January 26, 2006, 53 DCR 761).

For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Congressional Review Emergency Act of 2006 (D.C. Act 16-377, May 19, 2006, 53 DCR 4397).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see §§ 3(a), 4 of Budget Support Act Clarification and Technical Amendment Emergency Amendment Act of 2010 (D.C. Act 18-543, October 5, 2010, 57 DCR 9630).

For temporary (90 day) amendment of section, see § 792 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90) days approval of the interest arbitration award and compensation agreement between the District of Columbia Fire and Emergency Medical Services Department and Local 36 International Association of Firefighters, see § 2 of the Interest Arbitration Award and Compensation Agreement between the District of Columbia Fire and Emergency Medical Services Department and Local 36 International Association of Firefighters (Compensation Unit 4) Emergency Approval Act of 2014 (D.C. Act 20-384, July 31, 2014, 61 DCR 8043).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Budget Implementation Temporary Act of 1995 (D.C. Law 11-18, May 27, 1995, law notification 42 DCR 2845).

For temporary (225 day) amendment of section, see § 3 of the Budget Implementation Exemption Temporary Amendment Act of 1995 (D.C. Law 11-27, law notification July 14, 1995, 42 DCR 3833).

Section 3(a) of D.C. Law 18-283 repealed subsec. (b).

Section 4 of D.C. Law 18-283, in subsec. (n)(1), reinstated “in excess of the basic non-overtime workday” following “for employees’ overtime work”.

Section 6(b) of D.C. Law 18-283 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 16-103 provided as follows:

“Sec. 2. Notwithstanding section 1717(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-617.17(b)), the Department of Mental Health may complete ongoing negotiations of collective bargaining agreements.”

Section 4(b) of D.C. Law 16-103 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of subtitle C of title I of Law 15-205: Section 1021 of D.C. Law 15-205 provided that subtitle C of title I of the act may be cited as the Compensation Bargaining Unit Overtime Negotiation Amendment Act of 2004.

Short title of subtitle E of title I of Law 16-33: Section 1020 of D.C. Law 16-33 provided that subtitle E of title I of the act may be cited as the Collective Bargaining Agreements Amendment Act of 2005.

Editor's Notes

Section 794 of D.C. Law 18-370 provided: “Sec. 794. This subtitle shall apply as of January 3, 2011.”

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(t) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998. Compensation Settlement for Employees in Compensation Unit 12 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-18, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 12. Compensation Settlement for Employees in Compensation Unit 19 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-21, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 19. Compensation Settlement for Employees in Compensation Unit 18 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-24, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 18. Compensation Settlement for Employees in Compensation Unit 4 Approval Emergency Resolution of 1998: Pursuant to Resolution 12-432, effective March 3, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Career and Excepted Service Compensation System Changes for Non-Union Employees and the Negotiated Compensation Agreements for Union Employees of the DOC Emergency Approval Resolution of 1998: Pursuant to Resolution 12-462, effective April 7, 1998, the Council approved, on an emergency basis, the proposed compensation changes for Career and Excepted Service employees and negotiated compensation agreements for Bargaining Unit employees of the Department of Corrections in Compensation Units 1, 2, 13, and 19. Compensation Settlement for Employees in Compensation Units 1 and 2 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-484, effective May 5, 1998, the Council approved, the negotiated compensation settlement by the Mayor for certain employees in Compensation Units 1 and 2. Compensation Settlement for Employees in Compensation Unit 3 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-556, effective June 16, 1998, the Council approved the compensation settlement for employees in Compensation Unit 3. Compensation Settlement for Doctors, Dentists and Podiatrists in Compensation Unit 19 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-602, effective July 7, 1998, the Council approved, on an emergency basis, the negotiated compensation settlement for Physicians, Dentists, and Podiatrists within Compensation Unit 19 covered by collective bargaining. Compensation Settlement for Metropolitan Police Department Civilian Communication and Cellblock Employees in Compensation Unit 1 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-768, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian members of the District of Columbia Metropolitan Police Department Communications Division and Cellblock Unit covered by collective bargaining. Compensation Settlement for Employees in Compensation Unit 4 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-776, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Compensation Settlement for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees in Compensation Unit 1 Emergency Declaration Resolution of 1998: Pursuant to Resolution 12-844, effective December 15, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department in Compensation Unit 1 covered by collective bargaining.

Resolutions

Resolution 15-794, the “Compensation Agreement between the District of Columbia and Compensation Unit 33 Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 15-796, the “Compensation Settlement for Employees Represented by the American Federation of State, County, and Municipal Employees, Local 2095, and the American Federation of Government Employees, Local 383, Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 16-111, the “Compensation Settlement for Employees Represented by the Services Employees International Union, District 1199-E-DC Approval Resolution of 2005”, was approved effective April 5, 2005.

Resolution 16-160, the “Police Compensation Approval Resolution of 2005”, was approved effective June 7, 2005.

Resolution 16-250, the “Compensation Correction for Employees in Class 3, Compensation Unit #3 Emergency Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-287, the “Compensation Agreement Between the District of Columbia and Compensation Unit 13 Approval Resolution of 2005”, was approved effective September 20, 2005.

Resolution 16-380, the “Compensation Agreement Between the District of Columbia and the Doctors Council of the District of Columbia Representing Compensation Unit 19 Approval Resolution of 2005”, was approved effective November 15, 2005.

Resolution 18-423, the “Compensation and Working Conditions Collective Bargaining Agreement between the District of Columbia Public Schools and Teamsters Locals 639 and 730, affiliated with the International Brotherhood of Teamsters Approval Resolution of 2010”, was approved effective March 16, 2010.

Resolution 18-531, the “Compensation and Working Conditions Collective Bargaining Agreement Between the District of Columbia and the Washington Teachers’ Union, American Federation of Teachers Local No. 6, AFL CIO Emergency Approval Resolution of 2010”, was approved effective June 29, 2010.

§ 1–617.18. Evaluation process for public school employees.

Notwithstanding any other provision of law, rule, or regulation, during fiscal year 2006 and each succeeding fiscal year the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes.

(Mar. 3, 1979, D.C. Law 2-139, § 1718; as added Oct. 16, 2006, 120 Stat. 2039, Pub. L. 109-356, § 302.)

Prior Codifications

1981 Ed., § 1-618.18.

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Merit system, coverage and limitations of Chapter 6 of Title 1, see § 1-602.02.

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

Editor's Notes

Pub. L. 104-134, § 143, Apr. 26, 1996, 110 Stat. 1321 214, provided as follows:

“§ 1-617.18. Public school employee evaluations.”

“Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.”

Subchapter XVIII. Employee Conduct.

§ 1–618.01. Standards of conduct.

(a) Each employee, member of a board or commission, or a public official of the District government must at all times maintain a high level of ethical conduct in connection with the performance of official duties, and shall refrain from taking, ordering, or participating in any official action which would adversely affect the confidence of the public in the integrity of the District government.

(a-1) As a matter of public policy, each employee, member of a board or commission, or a public official of the District is encouraged to report, pursuant to subchapter XV-A of this chapter, any violation of a law or rule, or the misuse of government resources, as soon as the employee, member of a board or commission, or a public official becomes aware of the violation or misuse of resources.

(a-2)(1) Upon commencement of employment, any person required to file pursuant to §§ 1-1162.24 and 1-1162.25 (“Filers”) shall be provided with an ethics manual and information about the Code of Conduct.

(2) No later than 90 days after commencement of employment, Filers, and members appointed by the Mayor to a board or commission pursuant to § 1-523.01, shall certify that they have undergone ethics training developed by the Board of Ethics and Government Accountability. The required training may be provided electronically, in person, or both as considered appropriate by the Board of Ethics and Government Accountability.

(3) Filers shall certify on an annual basis that they have completed at least one ethics training program within the previous year.

(a-3) Notwithstanding the penalty provisions of this chapter, any public official who knowingly violates any provision of subsection (a-2) of this section may be subject to an adverse performance action but not termination.

(b) The Mayor shall issue rules and regulations governing the ethical conduct of all District employees after consultation with the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, and recognized labor representatives of District employees, and shall require the submission by designated employees at a policy making, contract negotiating, or purchasing level of reports of financial interest in matters which may create conflicts of interest. The Mayor shall provide for the annual auditing of all reports filed under the authority of this subsection.

(Mar. 3, 1979, D.C. Law 2-139, § 1801, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(y), 33 DCR 7241; Sept. 26, 1990, D.C. Law 8-169, § 2(b), 37 DCR 4835; Aug. 1, 1996, D.C. Law 11-152, § 302(x), 43 DCR 2978; Oct. 19, 2002, D.C. Law 14-213, § 3(l), 49 DCR 8140; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(3), 59 DCR 1862; Oct. 30, 2018, D.C. Law 22-168, § 1082(f), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 4(e), 66 DCR 985.)

Prior Codifications

1981 Ed., § 1-619.1.

1973 Ed., § 1-348.1.

Section References

This section is referenced in § 1-1161.01 and § 2-359.10.

Effect of Amendments

D.C. Law 14-213, in subsec. (a-1), substituted “chapter 6 of subchapter XV-A of Title 1” for “§ 1-615.03”.

D.C. Law 19-124, in subsecs. (a) and (a-1), substituted “employee, member of a board or commission, or a public official” for “employee”; and added subsecs. (a-2) and (a-3).

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(e) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(f) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(f) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 401(c)(3) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–618.02. Conflicts of interest.

No employee, member of a board or commission, or a public official of the District government shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.

§ 1–618.03. Ethics counselors; codification of advisory opinions. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 1803, 25 DCR 5740; Apr. 23, 1980, D.C. Law 3-58, § 3, 27 DCR 963; Feb. 24, 1987, D.C. Law 6-177, § 3(z), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(y), 43 DCR 2978; April 27, 2012, D.C. Law 19-124, § 501(c)(5), 59 DCR 1862.)

Prior Codifications

1981 Ed., § 1-619.3.

1973 Ed., § 1-348.3.

Emergency Legislation

For temporary (90 day) repeal of section, see § 401(c)(5) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Section 601(k) of D.C. Law 19-124 provided: “(k) Title V shall apply as of the effective date of this act, except that § 501(c)(5) shall apply as of October 1, 2012.”

§ 1–618.04. Prohibition on nepotism.

(a) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.

(b)(1) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay and may not be compensated.

(2) A public official who appoints, employs, promotes, or advances, or advocates such appointment, employment, promotion, or advancement of any individual appointed in violation of this section, shall reimburse the District for any funds paid to such individual as a result of the individual’s appointment, employment, promotion, or advancement.

(c) The Mayor may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.

(d) For the purpose of this section, the term:

(1) “Public official” means an officer, employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

(2) “Relative” means, with respect to a public official, an individual who is related to the public official as a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

Subchapter XIX. Incentive Awards.

§ 1–619.01. Authority to grant awards.

(a) The Mayor and the District of Columbia Board of Education shall issue rules and regulations authorizing the granting of cash and honorary awards to employees for their suggestions, inventions, superior accomplishments, length of service, and other meritorious efforts which contribute to the efficiency, economy, or otherwise improve the operation of the District government.

(b) The Mayor is authorized to make honorary awards to citizens who make significant contributions to the public good, or who submit ideas or inventions which materially benefit the District of Columbia.

(c) Awards to employees of the District government pursuant to this subchapter may include tangible items with a monetary value of no more than $50 and time off without loss of pay or charge to leave.

(Mar. 3, 1979, D.C. Law 2-139, § 1901, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(u)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-620.1.

1973 Ed., § 1-349.1.

Section References

This section is referenced in § 1-619.02 and § 2-360.01.

Editor's Notes

Applicability of § 101(u) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12- 264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Mayor's Orders

Extension of Retirement Awards Program Pursuant to Sections 1902.1(a)(6) and 1904.7 of Chapter 19, Incentive Awards, of Title 6 of the District of Columbia, see Mayor’s Order 2010-38, February 26, 2010 ( 57 DCR 1788).

§ 1–619.02. Limitation upon awards.

A cash award authorized under the provisions of § 1-619.01(a) may not exceed $5,000 or 10% of the employee’s scheduled rate of basic pay, whichever is greater; except, that in the case of suggestions or inventions resulting in a tangible monetary savings or increased revenues, an award shall be based on a percentage formula of the estimated savings or revenues, not to exceed $25,000. No cash award shall be granted to an employee without a written determination by the Mayor or the employee’s independent personnel authority that set forth the specific reasons the award is justified. The written determination shall be forwarded to the Council for its information within 30 days of its execution.

(Mar. 3, 1979, D.C. Law 2-139, § 1902, 25 DCR 5740; Mar. 24, 1990, D.C. Law 8-97, § 3(d), 37 DCR 1046; June 10, 1998, D.C. Law 12-124, § 101(u)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-620.2.

1973 Ed., § 1-349.2.

Emergency Legislation

For temporary addition of § 1-620.3 1981 Ed., see § 2(b) of the Comprehensive Merit Personnel Act Pilot Program Emergency Amendment Act of 1997 (D.C. Act 12-120, August 1, 1997, 44 DCR 4643), and see § 2(b) of the Comprehensive Merit Personnel Act Pilot Program Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-178, October 30, 1997, 44 DCR 6946).

Editor's Notes

Applicability of § 101(u) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-619.01.

§ 1–619.03. Personnel authority pilot programs.

(a) Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with § 1-204.22 the Mayor may implement pilot personnel programs in the area of incentive awards as related to performance, including gainsharing. Pilot programs may be established during any control period as defined in § 47-393, to help ensure successful implementation of the transformation of the District of Columbia government workforce.

(b) The Mayor may issue rules and regulations to implement these programs.

(Mar. 3, 1979, D.C. Law 2-139, § 1903; as added June 10, 1998, D.C. Law 12-124, § 101(u)(3), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-620.3.

Cross References

Mayor and Council members, coverage, see § 1-602.02.

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

Temporary Legislation

For temporary (225 day) addition of section, see § 2(b) of Comprehensive Merit Personnel Act Pilot Program Temporary Amendment Act of 1997 (D.C. Law 12-47, April 27, 1998, law notification 45 DCR 1508).

Editor's Notes

Applicability of § 101(u) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Subchapter XX. Safety and Health.

§ 1–620.01. Policy.

It shall be the policy of the District of Columbia government to establish and maintain a comprehensive occupational safety and health management program that ensures, to the maximum extent possible, a safe and healthful work environment for employees and general public users of District government facilities, and for the protection of District government property.

§ 1–620.02. Extent of coverage.

The occupational safety and health management program shall encompass all aspects of the total work environment throughout the District government, and shall include, but not be limited to:

(1) Employee safety and health, inclusive of physical welfare at the work site and environmental control of occupational diseases;

(2) Fire safety;

(3) Motor vehicle safety;

(4) Safety of nonemployee users of city facilities and services;

(5) Contractor safety; and

(6) Protection of District government property.

§ 1–620.03. Minimal standards applicable.

Safe and healthful conditions shall be provided all employees of the District government in accordance with applicable standards, codes, rules and regulations, and shall be consistent with the occupational safety and health standards promulgated by the United States Department of Labor under the provisions of the Occupational Safety and Health Act of 1970, as amended (84 Stat. 1590), and applicable codes, rules and regulations including, but not limited to:

(1) The D.C. Occupational Safety and Health Board Occupational Safety and Health Standards (11B D.C.R.R.);

(2) The Building Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986;

(3) The Electrical Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986;

(4) The Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986; and

(5) The Plumbing Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986.

§ 1–620.04. Authority of Mayor.

(a) The Mayor shall issue rules and regulations consistent with this subchapter and such laws of the federal government and the District of Columbia as they may, from time to time, be amended for the establishment, operation and administration of the District government’s occupational safety and health management program. Programs and procedures developed under the authority of this subchapter are appropriate matters for collective bargaining with labor organizations.

(b) The Mayor shall ensure, through audits and inspections, compliance with this subchapter and the rules and regulations issued pursuant thereto, and shall direct that appropriate remedial or corrective action be taken when it is determined that noncompliance has occurred.

§ 1–620.05. Employee rights.

Employees shall be protected against penalty or reprisal for reporting an unsafe or unhealthful working condition or practice, or assisting in the investigation of such condition or practice.

§ 1–620.06. Training.

The Mayor shall provide for the establishment and supervision of programs, as may be necessary to comply with the provisions of this subchapter, for the education and training of employees in the recognition, avoidance, and prevention of unsafe and unhealthful working conditions and practices.

§ 1–620.07. Health services.

The Mayor shall establish an employee health services program which shall provide for the following: (1) Treatment of on-the-job injuries and illness requiring emergency treatment; (2) pre-employment and other physical examinations, including fitness-for-duty examinations; (3) a counseling program for “troubled employees”; and (4) preventive programs relating to health. In developing and implementing a health services program consistent with the provisions of this subchapter, maximum use shall be made of existing District government medical and health services facilities, resources and expertise.

§ 1–620.08. Records.

Each agency shall keep adequate records of all occupational accidents and illnesses occurring within the agency for proper evaluation and necessary corrective action and make statistical or other reports as the Mayor may require by rules and regulations.

Subchapter XX-A. Testing of Drivers of Commercial Motor Vehicles for the Presence of Alcohol and Controlled Substances.

§ 1–620.11. General.

(a) In compliance with federal regulations issued pursuant to 49 U.S.C. § 31306 , the Mayor and each personnel authority shall adopt and administer a program for conducting pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing of employees who are employed as drivers of commercial motor vehicles, or who are candidates for such employment, for the use of alcohol and controlled substances.

(b) To the extent permitted by federal law and regulations, programs adopted pursuant to subsection (a) of this section shall treat qualifying patients in compliance with subchapter XX-E of this chapter.

(Mar. 3, 1979, D.C. Law 2-139, § 2051; as added June 10, 1998, D.C. Law 12-124, § 101(v), 45 DCR 2464; Apr. 27, 2021, D.C. Law 23-276, § 2(g), 68 DCR 00048; Oct. 22, 2022, D.C. Law 24-190, § 301(b), 69 DCR 008849.)

Prior Codifications

1981 Ed., § 1-621.51.

Applicability

Applicability of D.C. Law 24-190: § 401(a)(2) of D.C. Law 24-190 provided that the change made to this section by § 301(b) of D.C. Law 24-190 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a)(2) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).

For temporary (90 days) amendment of this section, see § 2(a)(2) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).

For temporary addition of this section, comprising subchapter XXI-A of Chapter 6 of Title 1, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-13, March 3, 1997, 44 DCR 1747), § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Emergency Amendment Act of 1997 (D.C. Act 12-248, January 13, 1998, 45 DCR 770), and § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-294, February 27, 1998, 45 DCR 1762).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).

For temporary (225 days) amendment of this section, see § 2(a) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).

For temporary (225 day) addition, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Temporary Amendment Act of 1996 (D.C. Law 11-204, April 9, 1997, law notification 44 DCR 2399).

For temporary (225 day) addition of section, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Temporary Amendment Act of 1998 (D.C. Law 12-96, April 30, 1998, law notification 45 DCR 2787).

Construction of Law

Construction of Law 12-124

Subchapter XX-B. Mandatory Drug and Alcohol Testing of Certain Employees of the Department of Human Services and the Commission on Mental Health Services.

§ 1–620.21. Definitions.

For the purposes of this subchapter, the term:

(1) “Applicant” means a person who has filed a written employment application form to work for the Department of Human Services or the Department of Mental Health or has been tentatively selected for employment by either the Department of Human Services or the Department of Mental Health to work as a high potential risk employee.

(2) Repealed.

(3) Repealed.

(4) “High potential risk employee” means any Department of Mental Health or Department of Human Services employee who has resident care or custody responsibilities in a secured facility or who works in a residential facility.

(5) “Post-accident employee” means any Department of Mental Health or Department of Human Services employee who, while on duty, was involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.

(6) “Probable cause” means a reasonable belief by a supervisor that an employee is under the influence of an illegal substance or alcohol such that the employee’s ability to perform his or her job is impaired.

(7) “Probable cause referral” means a referral, based on probable cause, for testing by the Department of Human Services or the Department of Mental Health for drug or alcohol use.

(8) “Random testing” means drug or alcohol testing taken by a Department of Mental Health or Department of Human Services employee at an unspecified time for the purposes of determining whether any Department of Mental Health or Department of Human Services employee has used drugs or alcohol and as a result is unable to satisfactorily perform his or her employment duties.

(9) “Residential facility” means a facility that provides a supervised and sheltered living environment for individuals who need such an environment because of their mental, familial, social, or other circumstances.

(10) “Secured facility” means a hospital or institution that is:

(A) Leased, or owned by the District government;

(B) Operated by the District government; and

(C) Equipped and qualified to provide in-resident or in-patient care to detained or committed youth or persons with mental illness.

(Mar. 3, 1979, D.C. Law 2-139, § 2021; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(3), 48 DCR 7674; Apr. 24, 2007, D.C. Law 16-305, § 4, 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-621.61.

Effect of Amendments

D.C. Law 14-56 substituted “Department of Human Services or the Department of Mental Health” for “Department or the Commission” wherever it appeared; substituted “Department of Mental Health or Department of Human Services” for “Department or Commission” wherever it appeared; and, repealed pars. (2) and (3) which had read:

“(2) ‘Commission’ means the Commission on Mental Health Services.

“(3) ‘Department’ means the Department of Human Services.”

D.C. Law 16-305, in par. (10)(C), substituted “with” for “suffering from”.

Emergency Legislation

For temporary addition of subchapter, see § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing Emergency Amendment Act of 1998 (D.C. Act 12-430, July 29, 1998, 45 DCR 5727), § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Drug and Alcohol Testing Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-504, October 27, 1998, 45 DCR 8127), and § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-599, January 20, 1998, 46 DCR 1147).

For temporary (90 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(3) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(3) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

For temporary (225 day) addition of section, see § 2 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing Temporary Amendment Act of 1998 (D.C. Law 12-191, March 26, 1999, law notification 46 DCR 3417).

§ 1–620.22. Employee testing.

(a) The following Department of Mental Health and Department of Human Services employees and prospective employees shall be tested for drug and alcohol use:

(1) Applicants for positions that would qualify them as high potential risk employees;

(2) Employees who have had a probable cause referral;

(3) Post-accident employees, as soon as reasonably possible after an accident; and

(4) High potential risk employees.

(b) Only high potential risk employees shall be subject to random testing.

(c) All employees of the Department of Mental Health and Department of Human Services shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department of Mental Health and Department of Human Services will implement a drug and alcohol testing program.

(d) No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection (c) of this section.

(e) Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral.

(f) An employee shall be given one opportunity to seek treatment following a positive test result.

(g) The Department of Mental Health and the Department of Human Services shall procure the services of a contractor to perform the tests required by this subchapter.

(h) All testing conducted by a vendor shall be implemented pursuant to this subchapter.

(Mar. 3, 1979, D.C. Law 2-139, § 2022; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(4), 48 DCR 7674.)

Prior Codifications

1981 Ed., § 1-621.62.

Section References

This section is referenced in § 2-1515.05.

Effect of Amendments

D.C. Law 14-56, in subsecs. (a) and (c), substituted “Department of Mental Health and Department of Human Services” for “Department and Commission” wherever it appeared; and, in subsec. (g), substituted “Department of Mental Health and the Department of Human Services” for “Department and the Commission” wherever it appeared.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-620.21.

For temporary (90 day) amendment of section, see § 16(a)(4) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(4) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(4) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(4) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-621.61.

§ 1–620.23. Testing methodology.

(a) Testing shall be performed by an outside contractor. The contractor shall be certified by the United States Department of Health and Human Services (“HHS”) to perform job related drug and alcohol forensic testing.

(b)(1) For random testing, the contractor shall come on-site to Department of Mental Health or Department of Human Services institutions.

(2) The contractor shall collect urine specimens and split the samples.

(c) The contractor shall perform enzyme-multiplied-immunoassay technique (“EMIT”) testing on one sample and store the other sample. Any positive EMIT test shall be confirmed by the contractor using gas chromatography/mass spectrometry (“GCMS”) methodology.

(d) Any Department of Mental Health or Department of Human Services employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize the stored sample to be sent to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.

(e) Probable cause and post-accident testing shall follow the same procedures set forth in subsections (a) through (d) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or breathalyzer.

(f) A breathalyzer shall be deemed positive by the Department of Mental Health’s or Department of Human Services’ testing contractor if the contractor determines that 1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.

(Mar. 3, 1979, D.C. Law 2-139, § 2023; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(5), 48 DCR 7674.)

Prior Codifications

1981 Ed., § 1-621.63.

Effect of Amendments

D.C. Law 14-56, in subsecs. (b)(1) and (d), substituted “Department of Mental Health or Department of Human Services” for “Department or Commission” wherever it appeared; and, in subsec. (g), substituted “Department of Mental Health’s and Department of Human Services”’ for “Department’s and Commission’s” wherever it appeared.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-620.21.

For temporary (90 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(5) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21.

§ 1–620.24. Implied consent of employees who operate motor vehicles.

Any Department of Mental Health or Department of Human Services employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the provisions of this subchapter, to the testing of the employee’s urine or breath, for the purpose of determining drug or alcohol content, whenever a supervisor has the probable cause or a police officer arrests such employee for a violation of § 50-2201.05 or has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District while that employee is intoxicated as defined by § 50-2206.01(9), or while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the employee’s ability to operate a motor vehicle was impaired by the consumption of intoxicating liquor.

(Mar. 3, 1979, D.C. Law 2-139, § 2024; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(6), 48 DCR 7674; Mar. 2, 2007, D.C. Law 16-195, § 4(a), 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 304(a), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 1-621.64.

Effect of Amendments

D.C. Law 14-56 substituted “Department of Mental Health or Department of Human Services” for “Department or Commission”.

D.C. Law 16-195 substituted “alcohol concentration is 0.08 grams or more per 210 liters of breath” for “breath contained .08% or more, by weight, of alcohol”.

The 2013 amendment by D.C. Law 19-266 substituted “employee is intoxicated as defined by § 50-2206.01(9)” for “employee’s alcohol concentration is 0.08 grams or more per 210 liters of breath.”

Emergency Legislation

For temporary addition of subchapter, see note to § 1-620.21.

For temporary (90 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(6) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary (90 day) amendment of section, see § 4(a)(1) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 4(a) of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 4(a) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary amendment of section, see § 304(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) amendment of this section, see § 304(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 304(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21.

§ 1–620.25. Procedure and employee impact.

(a) The drug and alcohol testing policy shall be issued in writing in advance of program implementation to inform employees and allow them the opportunity to seek treatment. An employee shall be allowed only one opportunity to seek treatment following his or her first positive test result. Thereafter, any confirmed positive drug test, or positive breathalyzer test, or a refusal to submit to a drug or breathalyzer test shall be grounds for termination of employment.

(b) The program shall cover all Department of Mental Health and Department of Human Services employees, including management, and shall be implemented as a single program of each Department.

(c) The results of any random test conducted pursuant to this subchapter may not be turned over to any law enforcement agency without the employee’s written consent.

(d) Notwithstanding § 1-620.22(f) and the second and third sentences of subsection (a) of this section, this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.

Subchapter XX-C. Mandatory Drug and Alcohol Testing for Certain Employees Who Serve Children.

§ 1–620.31. Definitions.

For the purposes of this subchapter, the term:

(1) “Applicant” means any person who has filed any written employment application forms to work as a District employee, or has been tentatively selected for employment.

(2) “Child” means an individual 12 years of age and under.

(3) “District employee” means a person employed by the District of Columbia government.

(4) “Drug” means an unlawful drug and does not include over-the-counter prescription medications.

(5) “Employee” means any person employed in a position for which he or she is paid for services on any basis.

(6) “Post-accident employee” means an employee of the District of Columbia, who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of drugs or alcohol on the part of the employee.

(7) “Probable cause” or “reasonable suspicion” means a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

(8) “Random testing” means drug or alcohol testing conducted on an District employee in a safety-sensitive position at an unspecified time for purposes of determining whether any District employee subject to drug or alcohol testing has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.

(9) “Reasonable suspicion referral” means referral of an employee in a safety-sensitive position for testing by the District for drug or alcohol use.

(10) Repealed.

(11) “Youth” means an individual between 13 and 17 years of age, inclusive.

(Mar. 3, 1979, D.C. Law 2-139, § 2031; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(i), 68 DCR 00048.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of DCPS Drug Testing Clarification Emergency Amendment Act of 2021 (D.C. Act 24-114, July 15, 2021, 68 DCR 006940).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of DCPS Drug Testing Clarification Temporary Amendment Act of 2021 (D.C. Law 24-37, Sept. 22, 2021, 68 DCR 007339).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, on April 8, 2005, law notification 52 DCR 4708).

§ 1–620.32. Employee testing.

(a) The following individuals shall be tested by the District government for drug and alcohol use:

(1) Applicants for employment in positions designated as safety-sensitive;

(2) Those District employees who have had a reasonable suspicion referral; and

(3) Post-accident District employees, as soon as reasonably possible after the accident.

(b) The District shall subject District employees in positions designated as safety-sensitive to random testing, unless a District agency has additional requirements for drug and alcohol testing of its employees, in which case the stricter requirements shall apply.

(c) Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral.

(d) District employees shall be given written notice that the District is implementing a drug and alcohol testing program at least 30 days in advance of implementation of the program. Upon receipt of a written notice of the program, each employee shall be given one opportunity to seek treatment, if he or she has a drug or alcohol problem.

(e) No employee may be tested under this subchapter for drug or alcohol use prior to receiving the notice required by subsection (d) of this section.

(f) Following the issuance of the 30-day written notice required by subsection (d) of this section, the Mayor shall procure a testing vendor and testing shall be implemented as described in this subchapter.

(g) Notwithstanding § 1-620.35(a), this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.

(Mar. 3, 1979, D.C. Law 2-139, § 2032; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(j), 68 DCR 00048; Oct. 22, 2022, D.C. Law 24-190, § 301(d), 69 DCR 008849.)

Section References

This section is referenced in § 1-620.35.

Applicability

Applicability of D.C. Law 24-190: § 401(a)(2) of D.C. Law 24-190 provided that the change made to this section by § 301(d) of D.C. Law 24-190 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of DCPS Drug Testing Clarification Emergency Amendment Act of 2021 (D.C. Act 24-114, July 15, 2021, 68 DCR 006940).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of DCPS Drug Testing Clarification Temporary Amendment Act of 2021 (D.C. Law 24-37, Sept. 22, 2021, 68 DCR 007339).

For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).

For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

§ 1–620.33. Motor vehicle operators.

Any District government employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the conditions in this subchapter, to the testing of the employee’s urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has probable cause or a police officer arrests such person for a violation of the law and has reasonable grounds to believe such person to have been operating or in physical control of a motor vehicle within the District while that person is intoxicated as defined by § 50-2206.01(9), or while under the influence of an intoxicating liquor or any drug or combination thereof, or while that person’s ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor.

(Mar. 3, 1979, D.C. Law 2-139, § 2033; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Mar. 2, 2007, D.C. Law 16-195, § 4(b), 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 304(b), 59 DCR 12957.)

Effect of Amendments

D.C. Law 16-195 substituted “alcohol concentration was 0.08 grams or more per 210 liters of breath” for “breath contains .08% or more, by weight, of alcohol”.

The 2013 amendment by D.C. Law 19-266 substituted “person is intoxicated as defined by § 50-2206.01(9)” for “person’s alcohol concentration was 0.08 grams or more per 210 liters of breath.”

Emergency Legislation

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

For temporary (90 day) amendment of section, see § 4(a)(2) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 4(b) of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 4(b) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary amendment of section, see § 304(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) amendment of this section, see § 304(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 304(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

§ 1–620.34. Testing methodology.

(a) Testing shall be performed by an outside contractor at a laboratory certified by the United States Department of Health and Human Services (“HHS”) to perform job-related drug and alcohol forensic testing.

(b) For random testing of District employees, the contractor shall, at a location designated by the District to collect urine specimens on-site, split each sample and perform enzyme-multiplied-immunossay technique (“EMIT”) testing on one sample and store the split of that sample. Any positive EMIT test shall be then confirmed by the contractor, using the gas chromatography/mass spectrometry (“GCMS”) methodology.

(c) Any District employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation, using the GCMS testing method.

(d) Reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in subsections (a) through (c) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or a breathalyser.

(e) A breathalyser shall be deemed positive by the District’s testing contractor if the contractor determines that 1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.

(f) Prior to testing, a physician must sit down with the employee and ask what medications he or she might have been taking to rule out any false positives in the drug screening results.

(Mar. 3, 1979, D.C. Law 2-139, § 2034; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331.)

Emergency Legislation

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

§ 1–620.35. Procedure and employee impact.

(a) A drug and alcohol testing policy, including the notice required by § 1-620.32(d), shall be issued at least 30 days in advance of implementing the drug and alcohol program to inform District employees of the requirements of the program and to allow each employee one opportunity to seek treatment, if he or she has a drug or alcohol problem. Thereafter, any confirmed positive drug test results, positive breathalyser test, or a refusal to submit to a drug test or breathalyser shall be grounds for termination of employment in accordance with this chapter.

(b) The testing program shall be implemented as a single program.

(c) The results of a random test conducted pursuant to this subchapter shall not be turned over to any law enforcement agency without the employee’s written consent.

(d) An applicant may be offered employment contingent upon receipt of a satisfactory drug testing result, and may begin working in a position that is not designated as safety-sensitive prior to receiving the results.

(Mar. 3, 1979, D.C. Law 2-139, § 2035; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(k), 68 DCR 00048.)

Emergency Legislation

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).

§ 1–620.36. Coverage of private contractual providers and private licensed providers.

Each private provider that contracts with the District of Columbia to provide employees to work in positions that are designated as safety-sensitive and each private entity licensed by the District government that has employees who work in positions that are designated as safety-sensitive shall establish mandatory drug and alcohol testing policies and procedures that are consistent with the requirements of this subchapter; provided, that a private provider or entity is not required to comply with subchapter XX-E of this chapter.

(Mar. 3, 1979, D.C. Law 2-139, § 2036; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(l), 68 DCR 00048.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of DCPS Drug Testing Clarification Emergency Amendment Act of 2021 (D.C. Act 24-114, July 15, 2021, 68 DCR 006940).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of DCPS Drug Testing Clarification Temporary Amendment Act of 2021 (D.C. Law 24-37, Sept. 22, 2021, 68 DCR 007339).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

§ 1–620.37. Rules. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 2037; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(m), 68 DCR 00048.)

Emergency Legislation

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

Section 102 of D.C. Law 14-164 enacted this section to read as follows:

Section 1101(b) of D.C. Law 14-164 provided that the act shall expire after 225 days of its having taken effect.

Section 102 of D.C. Law 15-2 enacted this section to read as follows:

“Sec. 2037. Rules.

“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this title.”

Section 1101 (b) of D.C. Law 15-2 provided that the act shall expire after 225 days of its having taken effect.

Section 102 of D.C. Law 15-117 this section to read as follows:

“Sec. 2037. Rules. The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this title.”

Section 1101(b) of D.C. Law 15-117 provided that the act shall expire after 225 days of its having taken effect.

Section 102 of D.C. Law 15-319 enacted this section to read as follows:

“Sec. 2037. Rules. The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.”.

Section 901(b) of D.C. Law 15-319 provided that the act shall expire after 225 days of its having taken effect.

Subchapter XX-D. Criminal History Inquiries.

§ 1–620.41. Definitions.

For the purposes of this subchapter, the term:

(1) “Applicant” means an individual who has filed an application for employment with a public employer or who has filed an application or made a verbal request to serve in a volunteer position with a public employer.

(2) “Covered position” means a position in which a criminal background check is required by law.

(3) “Public employer” means the District government.

§ 1–620.42. Pre-employment inquiries.

(a) Before posting a vacancy announcement, a public employer shall determine if the position is a covered position.

(b) If a position is a covered position, a public employer may inquire about an applicant’s criminal history at any time; provided, that the vacancy announcement includes the following statement: “This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.”

(c) If a position is not a covered position, a public employer shall not inquire about an applicant’s criminal history on the application form. A public employer may inquire about an applicant’s criminal history after the initial screening of applications. If a public employer inquires about an applicant’s criminal history, the applicant shall be permitted to provide an explanation of his criminal history to the public employer.

§ 1–620.43. Limitation on disqualification.

When considering whether to disqualify an applicant for a position that is not a covered position or take adverse action against an employee in a position that is not a covered position because of the applicant’s or employee’s criminal history, a public employer shall consider the following factors:

(1) The specific duties and responsibilities of the position sought or held;

(2) The bearing, if any, that an applicant’s or employee’s criminal background will have on the applicant’s or employee’s fitness or ability to perform one or more of the duties or responsibilities;

(3) The time that has elapsed since the occurrence of the criminal offense;

(4) The age of the person at the time of the occurrence of the criminal offense;

(5) The frequency and seriousness of the criminal offense;

(6) Any information produced regarding the applicant’s or employee’s rehabilitation and good conduct since the occurrence of the criminal offense; and

(7) The public policy that it is generally beneficial for ex-offenders to obtain employment.

§ 1–620.44. Implementation for public employers.

The Department of Human Resources shall provide guidance on the implementation of this subchapter to all personnel authorities within the District government on or before February 1, 2011.

(Mar. 3, 1979, D.C. Law 2-139, § 2044; as added Mar. 31, 2011, D.C. Law 18-340, § 2(b), 58 DCR 621.)

Cross References

Federal Employees Health Benefits Plan, “supplemental benefit” defined, see § 31-3101.

Mayor and Council members, coverage, see § 1-602.02.

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

National Capital Revitalization Corporation, health, life and retirement benefit plans for officers and employees, see § 2-1219.05.

Organization for personnel management, rules and regulations, see § 1-604.04.

Spouse equity, enrollment of former spouses in health benefit plan, see 1-529.04.

Emergency Legislation

For temporary addition of D.C. Law 2-139, Title XX-E, concerning mandatory controlled substance and alcohol testing for protection-sensitive positions, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Amendment Act of 2012 (D.C. Act 19-582, December 22, 2012, 60 DCR 120).

For temporary addition of D.C. Law 2-139, Title XX-F, concerning criminal background checks and background investigations for protection-sensitive positions, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Amendment Act of 2012 (D.C. Act 19-582, December 22, 2012, 60 DCR 120).

For temporary (90 days) addition of subchapter XX-E, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-36, March 19, 2013, 60 DCR 4648, 20 DCSTAT 510).

For temporary (90 days) addition of subchapter XX-F, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-36, March 19, 2013, 60 DCR 4648, 20 DCSTAT 510).

For temporary (90 days) addition of D.C. Law 2-139, Title XX-E, concerning mandatory controlled substance and alcohol testing for protection-sensitive positions, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Amendment Act of 2013 (D.C. Act 20-227, November 29, 2013, 60 DCR 16775, 20 STAT 2618).

For temporary (90 days) addition of D.C. Law 2-139, Title XX-F, concerning criminal background checks and background investigations for protection-sensitive positions, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Amendment Act of 2013 (D.C. Act 20-227, November 29, 2013, 60 DCR 16775, 20 STAT 2618).

Temporary Legislation

Section 2(a) of D.C. Law 19-263 added D.C. Law 2-139, Title XX-E, to read as follows:

“TITLE XX-E. Mandatory Controlled Substance and Alcohol Testing for Protection-Sensitive Positions.

“Sec. 2051. Definitions.

“For the purposes of this title, the term:

“(1) ‘Applicant’ means a person who has filed a written or electronic employment application or resumé, or a person seeking a volunteer appointment, with the District government for a position covered by the provisions of this title.

“(2) ‘Appointee’ means a person who has been made a contingent job offer to a position subject to the provisions of this title.

“(3) ‘Covered employee’ means a District government employee occupying a protection-sensitive position.

“(4) ‘Drug’ means a substance which may have medicinal, intoxicating, performance enhancing or other effects when taken or put into a human body and is not considered a food or exclusively a food.

“(5) ‘Personnel authority’ means an individual or entity authorized by section 406 to implement personnel rules and regulations for employees of an agency or group of agencies of the District government or persons delegated this authority by such an individual or entity.

“(6) ‘Post-accident employee’ means an employee of the District government, who, while on-duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, of the use of drugs or alcohol on the part of the employee.

“(7) ‘Protection-sensitive position’ means a District government employee, volunteer, or contractual worker in a position having a duty station at the Consolidated Forensic Sciences Laboratory.

“(8) ‘Reasonable suspicion’ means a reasonable belief by a supervisor that an employee in a protection-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform the employee’s job may be impaired.

“(9) ‘Reasonable suspicion referral’ means referral of an employee in a protection-sensitive position for testing by the District government for drug or alcohol use.

“(10) ‘Volunteer’ means an individual who works without monetary or other financial compensation.

“(11) ‘Vulnerable adult’ means an individual 18 years of age or older who has a physical or mental condition which impairs the individual’s ability to provide for the individual’s own care or protection.

“Sec. 2052. Drug and alcohol testing for protection-sensitive positions.

“The following individuals shall be tested by the District government for drug and alcohol use:

“(1) Employees in protection-sensitive positions, on a random basis;

“(2) Appointees to protection-sensitive positions;

“(3) Volunteers serving in protection-sensitive positions;

“(4) Applicants under consideration for voluntary service in protection- sensitive positions;

“(5) District employees and volunteers in protection-sensitive positions who have had a reasonable suspicion referral; and

“(6) Post-accident District employees and volunteers in protection-sensitive positions.

“Sec. 2053. Notification of employees.

“(a) All District government employees in protection-sensitive positions shall be given a minimum of 30 days written notice before the implementation of the drug and alcohol testing program set forth by this title. Upon receipt of a written notice of the program, each employee shall be given one opportunity to seek treatment, if the employee has a drug or alcohol problem.

“(b) Upon expiration of the notice period, any confirmed positive drug or alcohol test result, refusal to submit to a drug or alcohol test, or failure to sign the required documents or otherwise cooperate with any part of the drug testing requirements shall result in termination of the employee’s employment in accordance with this title.

“Sec. 2054. Notice to appointees and volunteers.

“(a) Each vacancy announcement for a protection-sensitive position shall include a statement that applicants shall be tested for drug use upon initial appointment and shall be subject to periodic drug and alcohol testing while occupying a protection-sensitive position.

“(b) When a non-competitive recruitment procedure is involved, the Mayor or the personnel authority shall inform the appointee, at the time the contingent job offer is made, that the appointee shall be tested for drugs upon initial appointment, and that the appointee shall be subject to periodic drug and alcohol testing while occupying a protection-sensitive position.

“(c) Before an individual signs a volunteer agreement to perform protection-sensitive functions, the Mayor or the personnel authority shall notify the individual that the individual shall be tested for drug use upon initial appointment, and that the volunteer shall be subject to periodic drug and alcohol testing while performing these functions.

“(d) Upon selection, appointees shall receive written notification prior to testing for drug and alcohol use.

“Sec. 2055. Testing methodology.

“(a) Drug and alcohol analysis shall be performed by an outside contractor at a laboratory certified by the United States Department of Health and Human Services (‘HHS’) to perform job-related drug and alcohol forensic testing.

“(b) The drug and alcohol testing sample shall be collected at a location designated by the District government.

“(c) The collector shall split each sample and secure it for transport to the laboratory.

“(d) The laboratory shall perform the confirmation testing on one sample, and store the split of that sample.

“(e) An individual found to have a confirmed positive urinalysis shall be notified of the result. The individual may then authorize that the stored sample be sent to another HHS- certified laboratory of the individual’s choice, at the individual’s expense, for confirmation testing.

“(f) Reasonable suspicion and post-accident employee or volunteer testing shall follow the same procedures set forth in subsections (a), (b), (c), and (d) of this section. In these cases, the employee or volunteer shall be escorted by a supervisor to the contractor’s test site for specimen collection or a breathalyzer.

“(g) A blood, breath, or urine test conducted pursuant to this section shall be deemed confirmed positive if the test yields a result that the employee’s or volunteer’s alcohol content was either .04 grams or more per 210 liters of breath, .04 grams or more per 100 milliliters of blood, or .05 grams or more per 100 milliliters of urine.

“Sec. 2056. Positive test results.

“(a) An individual found to have a positive drug or alcohol test shall be notified in writing of the result. The individual may then authorize that the stored sample be sent to another HHS-certified laboratory of the individual’s choice, at the individual’s expense, for confirmation testing.

“(b) A positive drug or alcohol test, a refusal to submit to a drug or alcohol test, tampering with a drug or alcohol test, or failure to sign required documents or otherwise cooperate with any part of the drug testing requirements shall result in termination of employment, withdrawal of a contingent job offer, termination of a volunteer agreement, or withdrawal of a contingent volunteer service agreement.

“(c) The results of a drug or alcohol test conducted pursuant to this title shall not be turned over to a law enforcement agency without the written consent of the employee, appointee, volunteer or a subpoena or court order.

“Sec. 2057. Coverage of private contractual providers.

“Private entities that contracts with the District government to provide contract employees to work in protection-sensitive positions shall establish mandatory drug and alcohol testing policies and procedures that are consistent with the requirements of this subchapter.

“Sec. 2058. Submission of positions subject to mandatory drug and alcohol testing.

“(a) Within 60 days after the effective date of this title, personnel authorities shall submit to the Mayor a list of the positions it has designated as subject to the drug and alcohol testing requirements of this title.

“(b) Within 60 days after the effective date of this title, the Chief Procurement Officer shall submit to the Mayor a list of positions in private entities that contract with the District government and are subject to drug and alcohol testing pursuant to this title.

“(c) Personnel authorities shall submit an updated list of the positions subject to the mandatory drug and alcohol testing of this title no later than December 1 of each year.

“(d) The Chief Procurement Officer shall submit to the Mayor each quarter an updated list of the positions in private entities that contract with the District government that are subject to the drug and alcohol testing of this title.

“Sec. 2059. Applicability.

“(a) If, as of the effective date of this act, a District government agency has its own statutory or regulatory drug and alcohol testing policies and procedures and those policies or procedures are stricter than the provisions of this title, this title shall supplement and not replace the agency’s policies and procedures.

“(b) The provisions of this title shall be in addition to, and shall not repeal, the provisions of section 2051 of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; D.C. Official Code § 1-620.11), sections 2021, 2022, 2023, 2024, and 2025 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Amendment Act of 1999, effective April 13, 1999 (D.C. Law 12- 227; D.C. Official Code §§ 1-620.21 through 1-620.25), sections 2031, 2032, 2033, 2034, 2035, 2036, and 2037 of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 through 1-620.37), section 18 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-217), sections 2, 3, 4, and 5 of the Department of Corrections Employee Mandatory Drug and Alcohol Testing of 1996, effective September 20, 1996 (D.C. Law 11-158; D.C. Official Code §§ 24-211.21 through 24-211.24), and Chapter 39 of Title 6B of the District of Columbia Municipal Regulations (6B DMCR § 3900 et seq.), entitled ‘Testing for the Presence of Controlled Substances and Alcohol.

“Sec. 2060. Rules.

Section 2(b) of D.C. Law 19-263 added D.C. Law 2-139, Title XX-F, to read as follows:

“(A) TITLE XX-F. Criminal Background Checks and Background Investigations for Protection-Sensitive Positions of 2012.

“(A) Sec. 2061. Definitions.

“(A) For the purposes of this title, the term:

“(1) ‘Applicant’ means a person who has filed a written or electronic employment application, or resumé, or a person seeking a volunteer appointment, with the District government for a position covered by the provisions of this title.

“(2) ‘Appointee’ means a person who has been made a contingent job offer to a position covered by the provisions of this title.

“(3) ‘Background investigation’ means a thorough inquiry into the past and present conduct and behavior of an applicant, appointee, employee, or volunteer to determine his or her suitability for employment.

“(4) ‘Covered employee’ means a District government employee occupying a protection-sensitive position.

“(5) ‘Criminal background check’ means the investigation of an individual’s criminal history through the record systems of the Federal Bureau of Investigation, the Metropolitan Police Department, or other law enforcement agencies.

“(6) ‘Employee’ means an individual who is employed on a full-time, part- time, or temporary basis by the District government.

“(7) ‘FBI’ means the Federal Bureau of Investigation.

“(8) ‘MPD’ means the Metropolitan Police Department.

“(9) ‘Personnel authority’ means an individual or entity authorized by section 406 to implement personnel rules and regulations for employees of an agency or group of agencies of the District government or persons delegated such authority by such an individual or entity.

“(10) ‘Protection-sensitive position’ means any District government employee, volunteer, or contractual worker in a position having a duty station at the Consolidated Forensic Sciences Laboratory.

“(11) ‘Suitability’ means the quality or state of being acceptable for District government employment with respect to the character, reputation, qualification, and fitness of the person under consideration.

“(12) ‘Supervised’ means under the direction of an individual who has received a current, satisfactory background clearance.

“(13) ‘Volunteer’ means an individual who performs a protection-sensitive function without monetary or other financial compensation.

“(14) ‘Vulnerable adult’ means an individual 18 years of age or older who has a physical or mental condition which impairs the individual’s ability from providing for the individual’s own care or protection.

“Sec. 2062. Criminal background checks required for certain individuals.

“(a) Except as set forth in subsection (b) of this section, the following individuals shall be subject to criminal background checks:

“(1) An appointee to, or an applicant for, a protection-sensitive position;

“(2) A volunteer who performs a protection-sensitive function; and

“(3) A District government employee occupying a protection-sensitive position.

“(b) An individual with proof of an active federal security clearance may be subject to a criminal background check under subsection (a) of this section.

“Sec. 2063. Authorization to obtain records and notification requirements.

“(a) For competitive recruitments, each vacancy announcement for a position subject to a criminal background check under this title shall include a statement that applicants shall be subject to a criminal background check and a background investigation upon initial appointment to the position and shall be subject to ongoing criminal background checks while employed in the position.

“(b) When a non-competitive recruitment procedure is involved, the Mayor or the personnel authority shall inform the appointee at the time the contingent job offer is made that the appointee shall be subject to a criminal background check before to employment in the covered position and shall be subject to ongoing criminal background checks while employed in the position.

“(c) Before a volunteer signs a volunteer agreement to perform protection-sensitive functions, the Mayor or the personnel authority shall notify the volunteer that a criminal background check shall be conducted before the volunteer begins his or her volunteer activities and shall be subject to ongoing criminal background checks while performing these functions.

“Sec. 2064. Procedures for criminal background checks.

“(a) In order to conduct a criminal background check on an applicant, appointee, volunteer, or covered employee, the Mayor or the personnel authority shall obtain criminal background records maintained by the FBI, MPD, and any jurisdiction in which the applicant, appointee, volunteer, or covered employee has resided or been employed or may otherwise have a criminal history.

“(b) An applicant, appointee, volunteer, or covered employee subject to a criminal background check shall allow himself or herself to be fingerprinted and shall submit any information necessary or useful to conduct the criminal background check as requested by the Mayor or the personnel authority. The fingerprints shall be available for use by the Mayor or the personnel authority to conduct a criminal background check.

“(c) The Mayor or the personnel authority shall conduct criminal background checks, including the fingerprinting of applicants, appointees, volunteers, and covered employees, in accordance with FBI policies and procedures and in an FBI-approved environment.

“(d) The Mayor or the personnel authority shall conduct a criminal background check once the applicant, appointee, covered employee, or volunteer has provided:

“(1) A complete set of qualified, legible fingerprints, in a form approved by the FBI;

“(2) Written confirmation that the applicant, appointee, covered employee, or volunteer has been informed by the Mayor or the personnel authority that they are authorized to conduct a criminal background check on the applicant, appointee, covered employee, or volunteer;

“(3) Written authorization for the Mayor or the personnel authority to conduct a criminal background check;

“(4) Any additional identification that is required, including the name, social security number, birth date, and gender of the applicant, appointee, covered employee or volunteer;

“(5) A signed affirmation stating whether or not the applicant, appointee, covered employee, or volunteer has been convicted of, entered a guilty plea, including a plea of nolo contendere to, or has been found not guilty by reason of insanity of any crime in the District of Columbia or in any other state or territory;

“(6) Written acknowledgment that the Mayor or the personnel authority has notified the applicant, appointee, covered employee, or volunteer of his or her right to obtain a copy of the criminal background check report and to challenge the accuracy and completeness of the report; and

“(7) Written acknowledgment that the Mayor or the personnel authority may choose to deny the applicant or appointee employment or a volunteer position, or terminate a covered employee or volunteer, based on the outcome of the criminal background check.

“(e) Fingerprinting for the purposes of this section may be conducted by any person authorized to do so by the Mayor or the FBI.

“Sec. 2065. Background investigations.

“(a) In addition to criminal background checks, the individuals listed in section 2062 may be subject to background investigations.

“(b) A background investigation pursuant to this title shall consist of:

“(1) A credit check of the applicant, appointee, covered employee, or volunteer that adheres to the notification and consent requirements of the Fair Credit Reporting Act, approved October 26, 1970 (Pub. L. 91-508; 15 USC § 1681), and any other applicable law or regulation, as appropriate;

“(2) A traffic record check, as appropriate; and

“(3) The acquisition and consideration of any other information allowed by law that assists in establishing the suitability for employment of an applicant, appointee, covered employee, or volunteer, including employment history checks and reference checks.

“(c) Any other information allowable by law that shall assist in establishing the suitability of an applicant, appointee, volunteer, or covered employee for employment or volunteer work with the District government.

“Sec. 2066. Assessment of information obtained from criminal background checks and background investigations.

“(a) The information obtained from a criminal background check or background investigation shall not create an automatic presumption against employment of an applicant, appointee, covered employee, or volunteer. The Mayor or the personnel authority shall determine whether the applicant, appointee, covered employee, or volunteer is unsuitable for employment because of his or her criminal history and background. In making this determination, the Mayor or the personnel authority shall consider the following factors:

“(1) The specific duties and responsibilities of the covered position;

“(2) The bearing, if any, the criminal offense or background information will have on the fitness or ability of the applicant, appointee, covered employee, or volunteer to perform one or more of such duties or responsibilities;

“(3) The time which has elapsed since the occurrence of the criminal offense or negative background information;

“(4) The age of the applicant, appointee, covered employee, or volunteer at the time of the occurrence of the criminal offense or negative background information;

“(5) The frequency and seriousness of the criminal offense or negative background information;

“(6) Any information provided on behalf of the applicant, appointee, covered employee, or volunteer or provided regarding his or her rehabilitation and good conduct since the occurrence of the criminal offense or negative background information; and

“(7) The public policy that it is beneficial generally for ex-offenders to obtain employment.

“(b) If the Mayor or the personnel authority determines that an applicant, appointee, volunteer, or covered employee shall not remain in his or her position because he or she has been determined unsuitable for employment because of the individual’s criminal history and background, the Mayor or the personnel authority shall inform the applicant, appointee, volunteer, or covered employee in writing.

“Sec. 2067. Appeals.

“(a) A covered employee who the Mayor or the personnel authority has determined shall not remain in his or her position because of being determined unsuitable for employment due to the covered employee’s criminal history or background investigation shall have the following appeal rights:

“(1) A covered employee in a position under the Career Service (non-probationary status), Excepted, Executive, Legal, Management Supervisory Service, or in a non-excluded Educational Service position who is not on probationary status may appeal the decision; or

“(2) A covered employee on probationary status or a volunteer may not appeal the decision.

“(b) The Mayor or the personnel authority shall issue rules setting forth the appeal process for an applicant, appointee, or covered employee who is determined unsuitable for employment because of his or her criminal history and background.

“Sec. 2068. Submission of positions subject to criminal background checks.

“(a) Within 60 days after the effective date of this subchapter, each personnel authority shall submit to the Mayor a list of the positions it has designated as subject to the criminal background check requirements of this subchapter.

“(b) Within 60 days after the effective date of this title, the Chief Procurement Officer shall submit to the Mayor a list of the positions in private entities that contract with the District government that shall be subject to criminal background checks pursuant to this title.

“(c) Personnel authorities shall submit to the Mayor an updated list of the positions subject to the background investigation requirements of this title no later than December 1 of each year.

“(d) The Chief Procurement Officer shall submit to the Mayor quarterly reports listing the positions in private entities that contract with the District government that are subject to the requirements of this title.

“Sec. 2069. Confidentiality of criminal history and background investigation information.

“All criminal history and background information records received by the Mayor or the personnel authority shall be confidential and are for the exclusive purpose of making employment-related determinations under this title. The criminal history and background information records shall not be released or otherwise disclosed to any person except when:

“(1) Required as a component of an application for employment for a position under this title;

“(2) Requested by the Mayor, or his or her designee, during an official inspection or investigation;

“(3) Ordered by a court of competent jurisdiction;

“(4) Authorized by the written consent of the person being investigated; or

“(5) Utilized for a corrective, adverse, or other administrative action in a personnel proceeding related to the position for which the investigation was conducted or any position to which the employee advanced from that position in the District government.

“Sec. 2070. Penalty for providing false information regarding criminal history or background investigations.

“(a) An applicant or appointee under this title who knowingly or through gross negligence provides false information that is material to the conduct of a criminal history check or background investigation shall be denied employment.

“(b) An employee under this title who knowingly or through gross negligence provides false information that is material to the conduct of a criminal history check or background investigation shall be terminated from employment.

“(c) A volunteer under this title who knowingly or through gross negligence provides false information that is material to the conduct of a criminal history check or background investigation shall be prohibited from performing volunteer services for the District government.

“Sec. 2071. Penalties for disclosing confidential criminal history or background investigation information.

“(a) An individual who knowingly discloses criminal history or background investigation information in violation of section 2069 is guilty of a criminal offense and, upon conviction, shall be fined no more than $1,000 or imprisoned for not more than 180 days, or both.

“(b) Prosecutions for violations of this title shall be brought in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia.

“Sec. 2072. Coverage of private contractual entities.

“Private entities that contract with the District government to provide employees to work in protection-sensitive positions shall establish criminal history check and background investigation policies and procedures that are consistent with the requirements of this title.

“Sec. 2073. Applicability.

“(a) If, as of the effective date of this title, a District government agency has its own criminal history check or background investigation policies and procedures, and those existing policies or procedures are stricter than the provisions of this title, this title shall supplement and shall not replace the agency’s policies and procedures.

“(b) The provisions of this title shall be in addition to, and shall not repeal, the provisions of section 522 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1985 (D.C. Law 6-99; D.C. Official Code § 3-1205.22), the Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.), the Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12-238; D.C. Official Code § 44-551 et seq.), section 2 of the Department of Corrections Criminal Background Investigation Authorization Act of 1998, effective June 19, 1998 (D.C. Law 12-126; D.C. Official Code § 24-211.41), and Chapter 4 of Title 6B of the District of Columbia Municipal Regulations (6B DCMR § 4), entitled ‘Organization for Personnel Management.

“Sec. 2074. Rules.

“Within 120 days of the effective date of this title, the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.”

Section 4(b) of D.C. Law 19-263 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) addition of D.C. Law 2-139, Title XX-E, concerning mandatory controlled substance and alcohol testing for protection-sensitive positions, see § 2(a) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Temporary Amendment Act of 2013 (D.C. Law 20-77, February 22, 2014, 61 DCR 140).

For temporary (225 days) addition of D.C. Law 2-139, Title XX-F, concerning criminal background checks and background investigations for protection-sensitive positions, see § 2(b) of the Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Temporary Amendment Act of 2013 (D.C. Law 20-77, February 22, 2014, 61 DCR 140).

Subchapter XX-E. Medical Marijuana Program Patient Employment Protections.

§ 1–620.61. Definitions.

For the purposes of this subchapter, the term:

(1) "Agency" includes the Council.

(2) "Marijuana" shall have the same meaning as provided in § 48-901.02(3)(A).

(2A) Not Funded.

(3) "Undue hardship" shall have the same meaning as provided in section 101(10) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 330; 42 U.S.C. § 12111(10)).

§ 1–620.62. Protections for qualifying patients.

(a)(1) Notwithstanding any other provision of law and except as provided in subsection (b) of this section, an agency may not refuse to hire, terminate from employment, penalize, fail to promote, or otherwise take adverse employment action against an individual based upon the individual's status as a qualifying patient unless the individual used, possessed, or was impaired by marijuana at the individual's place of employment or during the individual's hours of employment.

(2) A qualifying patient's failure to pass an agency-administered drug test for marijuana components or metabolites may not be used as a basis for employment-related decisions unless reasonable suspicion exists that the qualifying patient was impaired by or used marijuana at the qualifying patient's place of employment or during the qualifying patient's hours of employment.

(b) Subsection (a) of this section shall not apply:

(1) To positions that are designated as safety-sensitive; or

(2) If compliance would cause the agency to commit a violation of a federal law, regulation, contract, or funding agreement.

(c)(1) Upon the request of an employee who is a qualifying patient, an agency must provide a reasonable accommodation for the employee's use of medical marijuana, including by engaging in an interactive process to determine the appropriate reasonable accommodation.

(2) A reasonable accommodation may include reassigning or transferring an employee to an open position for which the employee is otherwise qualified, or modifying or adjusting the employee's job duties or working environment, or modifying or adjusting the agency's operating procedures to enable the employee to successfully perform the essential functions of the job. An accommodation is not reasonable if it would:

(A) Place the employee in a position that is designated as safety-sensitive;

(B) Impose an undue hardship on the employing agency; or

(3)(A) An employee's election to pursue relief under this section shall not prejudice the employee's right to pursue relief under other District or federal law.

(B) A reasonable accommodation or interactive process provided under this subsection may be combined with a reasonable accommodation or interactive process provided pursuant to other District or federal law.

(d) Nothing in subsection (c) of this section may be interpreted as requiring an agency employer to permit an employee who is a qualifying patient to:

(1) Use or administer marijuana at the employee's place of employment or during the employee's hours of employment; or

(2) Be impaired by marijuana at the employee's place of employment or during the employee's hours of employment.

(d-1) Not Funded.

(e) Notwithstanding § 1-604.04(a), the Council may issue rules pertaining to Council employees to implement the provisions of this section.

Subchapter XXI. Health Benefits.

§ 1–621.01. Federal health benefits.

The health insurance benefit provisions of Chapter 89 of Title 5 of the United States Code are applicable to all employees of the District government first employed before October 1, 1987, except those specifically excluded by law or rule and regulation. Procedures established for administering the health benefits program with the District government shall be consistent with law and civil service rules.

§ 1–621.02. District health benefits.

The District shall provide health benefits as set forth in § 1-621.05 to all employees of the District first employed after September 30, 1987, except those specifically excluded by law or by rule.

§ 1–621.03. Definitions.

For the purposes of §§ 1-621.04 through 1-621.13, the term:

(1) “Annuitant” means:

(A) An employee first employed by the District after September 30, 1987, who has subsequently retired pursuant to any of the following:

(i) Teachers’ Retirement System (§§ 38-2001.01 to 38-2023.16);

(ii) Police and Fire Retirement System §§ 5-707 to 5-730;

(iii) Judges’ Retirement System (§§ 11-1561 to 11-1571); or

(iv) Teachers’ Insurance and Annuity Association programs; or

(B) An employee first employed by the District after September 30, 1987, who has subsequently separated pursuant to the District Retirement Benefit Program (§§ 1-626.03 to 1-626.14) after any of the following:

(i) Reaching 57 years of age and having completed 25 years of creditable District service in a correctional officer position;

(ii) Reaching 62 years of age and having completed 10 years of District government service in a position other than correctional officer; or

(iii) Becoming entitled to disability benefits under the Social Security Act.

(2) “Carrier” means a voluntary association, corporation, partnership, or other nongovernmental organization that is lawfully engaged in providing, paying for, or reimbursing the cost of health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the organization.

(2A) “Creditable District service” means all service in the employment of the District government that is creditable for purposes of the employee’s retirement.

(3) “Dependent child” includes:

(A) An adopted child; and

(B) A stepchild, foster child, or natural child of an employee or annuitant.

(4) “Employee” means an individual first employed by the District after September 30, 1987.

(5) “Health benefit plan” means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services under § 1-621.05.

(6) “Member of family” or “Family member” means:

(A) The spouse of an employee or annuitant;

(B) An unmarried dependent child under 22 years of age;

(D) An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age 22.

(Mar. 3, 1979, D.C. Law 2-139, § 2103; as added Oct. 1, 1987, D.C. Law 7-27, § 2(d), 34 DCR 5079; Mar. 20, 1998, D.C. Law 12-66, § 2(a), 45 DCR 343; Mar. 3, 2010, D.C. Law 18-111, § 1201(a), 57 DCR 181.)

Prior Codifications

1981 Ed., § 1-622.3.

Effect of Amendments

D.C. Law 18-111 rewrote pars. (1)(B)(i) to (iii); added par. (2A); and, in par. (6), substituted “ ‘Member of family’ or ‘Family member’ ” for ‘Member of family’. Prior to amendment, pars. (1)(B)(i) to (iii) read as follows: “(i) Reaching 57 years of age and having completed 25 years of creditable District service in a law enforcement position; (ii) Becoming entitled to retirement benefits under the Social Security Act; or (iii) Becoming entitled to disability benefits under the Social Security Act.”

Emergency Legislation

For temporary amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Health Benefits and Life Insurance Clarification Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-27, March 11, 1997, 44 DCR 1892), and § 2(a) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-213, December 5, 1997, 44 DCR 7615).

For temporary (90 day) amendment of section, see § 1201(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1201(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Temporary Amendment Act of 1996 (D.C. Law 11-183, April 9, 1997, law notification 44 DCR 2378).

Short Title

Short title: Section 1200 of D.C. Law 18-111 provided that subtitle U of title I of the act may be cited as the “District Retirement Program Post-Employment Health and Life Insurance Benefits Amendment Act of 2009”.

§ 1–621.04. Contracting authority.

The Mayor may contract with qualified carriers to provide health benefits under the laws of the District for periods of time to be determined by the Mayor. Any contract under this section shall be in accordance with the provisions of Chapter 3 of Title 2.

§ 1–621.05. Health benefit plans.

The District may contract for or approve the following health benefit plans:

(1) An Indemnity Benefit Plan: One District-wide plan offering at least 3 levels of benefits (one of which shall be deemed by the Mayor to be a standard option) under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses incurred, for health benefits.

(2) Health Maintenance Organization Plans including:

(A) One or more group prepayment plans that offer health benefits, in whole or in substantial part on a prepaid basis, with professional services provided by physicians representing at least 3 major medical specialties practicing as a group in a common center or centers who receive all or a substantial part of their professional income from the prepaid funds; and

(B) An individual practice prepayment plan that offers health benefits in whole or substantial part on a prepaid basis, with professional services provided by individual physicians who agree, under rules promulgated by the Mayor, to accept the payments provided by the plan as full payment for covered services that include in-hospital services, general care provided in their offices and in the patients’ homes, out-of-hospital diagnostic procedures, and preventive care.

(3) Preferred Provider Organization Plan: An individual practice plan that offers health benefits in whole or substantial part with professional services provided by individual physicians, hospitals, and other health care providers who agree under rules promulgated by the Mayor to accept contractually reduced payments for the covered services they provide.

(4) Combined Benefit Plan: A plan that includes elements of more than 1 of the plans described in paragraphs (1), (2), and (3) of this section.

(5) Other Health Benefit Plans: Nothing in this section shall preclude the Mayor from contracting for or approving a type of health benefit plan not specifically listed in this section.

(Mar. 3, 1979, D.C. Law 2-139, § 2105; as added Oct. 1, 1987, D.C. Law 7-27, § 2(d), 34 DCR 5079; Mar. 2, 1991, D.C. Law 8-190, § 2(b), 37 DCR 6721.)

Prior Codifications

1981 Ed., § 1-622.5.

Section References

This section is referenced in § 1-529.04, § 1-621.02, § 1-621.03, § 1-621.06, § 1-621.07, § 1-621.12, § 1-621.13, § 1-621.17, § 1-702, and § 32-706.

Cross References

Employees Health Benefits Program, self-financed coverage, see § 32-706.

Editor's Notes

Mayor authorized to enter agreements to modify health benefits contracts: See Historical and Statutory Notes following § 1-611.03.

§ 1–621.06. Types of benefits.

(a) The benefits provided under the health benefit plans shall include benefits for costs associated with care in a general hospital and for health services of a catastrophic nature and may include at a minimum the following benefits:

(1) Hospital benefits;

(2) Managed care;

(3) Office visits;

(4) Substance abuse;

(5) Well baby care;

(6) Prescription drugs;

(7) Obstetrical benefits;

(8) Mental health benefits; and

(9) Hospice care.

(b) Each contract issued under § 1-621.05 shall comply with the provisions of Chapter 31 of Title 31.

§ 1–621.07. Election of coverage.

(a) Unless an employee or annuitant affirmatively waives health insurance coverage, each employee or annuitant shall enroll in 1 of the approved health benefit plans under § 1-621.05 either as an individual or for self and family or provide evidence satisfactory to the Mayor that the employee or annuitant is covered under another health benefit plan.

(b) If an employee or annuitant has a spouse or domestic partner who is an employee or annuitant, either spouse or domestic partner but not both may enroll for self and family, or each spouse or domestic partner may enroll as an individual. An individual shall not be enrolled as an employee or annuitant and also as a member of a family.

(c) An employee or an annuitant enrolled in a health benefit plan may change coverage by an application filed within 60 days of a change in family status or as otherwise permitted by rule promulgated by the Mayor.

(d) An employee or annuitant may transfer enrollment from one health benefit plan to another health benefit plan under § 1-621.05 as permitted by rules promulgated by the Mayor.

§ 1–621.08. Employee deductions and withholdings.

(a) During each pay period in which an employee or an annuitant is enrolled under 1 of the health benefit plans there shall be withheld from the compensation of each employee and from the annuity of each annuitant or there shall be paid by each annuitant who received his or her benefits as a lump sum payment an amount equal to the cost of the selected health benefit plan less the amount of the District contribution for the employee or the annuitant. The amount withheld or paid by the employee or the annuitant, together with the District’s contribution, shall be transferred to the carrier of the health benefit plan selected by the employee or the annuitant.

(b) During each pay period in which an individual receiving disability compensation benefits pursuant to subchapter XXIII of this chapter is enrolled under 1 of the health benefit plans, there shall be withheld from those benefits an amount equal to the cost of the selected health benefit plan less the amount of the District contribution for the enrolled individual. The amount withheld from the employee or the annuitant, together with the District’s contribution, shall be transferred to the carrier of the health benefit plan selected by the individual receiving disability benefits.

§ 1–621.09. District contribution.

(a) The District’s contribution to the cost of any health benefit plan shall be an amount equal to 75% of the subscription charge of the standard option indemnity plan, except that in no event shall the District’s contribution exceed 75% of the total subscription charge of any plan or option in which the employee is enrolled. The District’s contribution shall be paid on a regular pay period basis.

(b) The Mayor shall determine the amount of the District contribution for individual and for self and family enrollments before the beginning date of each contract period.

(c) There is established the Other Post-Employment Benefits Fund (“Fund”) from which the District’s contribution for health and life insurance for annuitants shall be paid. The monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District and, subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(d) Every fiscal year, the Chief Financial Officer shall deposit into the Fund the amount that has been appropriated for the purpose of funding the District contribution for the health and life insurance premiums of annuitants. The Chief Financial Officer may also deposit into the Fund any balances in rate stabilization fund reserves that are refunded to the District by a health insurance carrier.

(d-1) Each fiscal year, the District shall ensure that a sufficient amount is appropriated for the Fund, as the District of Columbia payment to the Fund, which shall be equal to, or greater than, the amount calculated as provided for in § 1-621.09a, and as determined by the enrolled actuary engaged pursuant to § 1-621.09a(a).

(d-2) If at any time the balance of the Fund is not sufficient to meet all obligations against the Fund, the Fund shall have claims on the revenues of the District of Columbia to the extent necessary to meet the obligation, subject to appropriation.

(d-3) All expenses incurred by the Chief Financial Officer in administering the Fund, including hiring staff for the Office of the Chief Financial Officer, shall be paid out of the Fund, subject to appropriation. The budget prepared and submitted by the Mayor pursuant to § 1-204.42 shall include recommended expenditures at a reasonable level for the forthcoming fiscal year for the administrative expenses of the Fund. The budget enacted pursuant to § 1-204.46 may designate the portion of the Fund to be allocated for the administrative expenses of the Fund; provided, that it shall not specify the specific manner in which, or the specific purposes for which, the Chief Financial Officer may expend such portion of the Fund.

(e) Notwithstanding the other provisions of this chapter, the Mayor may issue rules to establish vesting requirements for the provision of other post-employment benefits to annuitants. Any proposed rules promulgated by the Mayor shall be submitted to the Council for a 60-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 within the 60-day period, by resolution, the proposed rules shall be deemed disapproved.

(f) In the case of an annuitant who has separated pursuant to the District Retirement Benefit Program, no contribution shall be made by the District until the annuitant attains 62 years of age. The annuitant shall pay 100% of the cost of any health benefit plan selected by the annuitant until the annuitant attains age 62. Upon attaining 62 years of age, the District shall pay a portion of the cost of any health benefit plan selected by the annuitant in accordance with subsections (h)(1) or (2) of this section.

(g) In the case of an annuitant who retired pursuant to the Teachers’ Retirement System, or the Judges’ Retirement System or the Teachers’ Insurance and Annuity Association programs, the District shall pay the portion of the cost of any health benefit plan selected by the annuitant in accordance with subsection (h) of this section.

(h) The District contribution to post-employment health benefits for an annuitant described in subsection (g) of this section (and following the annuitant’s death, the annuitant’s eligible family members) shall be determined as follows:

(1) For annuitants who retire with at least 10 years of creditable District service, but less than 30 years of creditable District service, the District contribution to the cost of a health benefit plan selected by the annuitant shall be an amount equal to 25% of the cost of the selected health benefit plan (as secondary to Medicare) and 20% for the covered family member of the annuitant, plus an additional 2.5% for each year of creditable District service over 10 years; provided, that the District contribution shall not exceed 75% of the cost of the selected health benefits plan and 60% for the covered family member of the annuitant. The annuitant and family member shall contribute the applicable balance of the cost of the selected health benefit plan.

(2) For annuitants with 30 or more years of creditable District service, the District contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 60% of the cost of the selected health benefit plan and the covered family member shall contribute 40% of the cost of the selected health benefit plan.

(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the family member shall contribute 25% of the cost of the selected health benefit plan. This paragraph shall apply as of October 1, 2009.

(i) In the case of an annuitant who retired pursuant to the Police and Fire Retirement System, the District shall pay the portion of the cost of any health benefit plan selected by the annuitant in accordance with subsection (j) of this section.

(j) The District contribution to post-employment health benefits for an annuitant described in subsection (i) of this section (and following the annuitant’s death, the annuitant’s eligible family members) shall be determined as follows:

(1) For annuitants hired before November 10, 1996, who retire with at least 5 years of creditable District service, the District contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 60% of the cost of the selected health benefit plan and the covered family member shall contribute 40% of the cost of the selected health benefit plan.

(2) For annuitants hired on or after November 10, 1996, with at least 10 years of creditable District service, but less than 25 years of creditable District service, the District contribution to the cost of a health benefit plan selected by the annuitant shall be an amount equal to 30% of the cost of the selected health benefit plan (as secondary to Medicare) for the annuitant, plus an additional 3% for each year of creditable District service over 10 years, and 25% for the covered family member of the annuitant, plus an additional 3% for each year of creditable District service over 10 years; provided, that the District contribution shall not exceed 75% of the cost of the selected health benefits plan for the annuitant and 60% of the cost of the selected health benefits plan for the covered family member of the annuitant. The annuitant and family member shall contribute the applicable balance of the cost of the selected health benefit plan.

(k) In the case of an individual who would otherwise be subject to the Police and Fire Retirement System upon retirement but who is killed in the line of duty and in the case of an individual who retires under the Police and Fire Retirement System due to an injury that occurred in the line of duty, the District shall pay the portion of the cost of any health benefit plan selected by the individual or the individual family member in accordance with subsection (l) of this section.

(l) For an individual covered by subsection (k) of this section, the District’s contribution to the cost of the selected health benefits plan of the individual shall be an amount equal to 75% of the cost of the selected health benefit plan and the individual shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of the individual, the District contribution to the cost of the selected health benefit plan of the family member shall be an amount equal to 75% of the cost of the selected health benefit plan and the family member shall contribute 25% of the cost of the selected health benefit plan.

(m) An individual described in subsection (k) of this section shall be considered an annuitant for the purposes of this section.

(Mar. 3, 1979, D.C. Law 2-139, § 2109; as added Oct. 1, 1987, D.C. Law 7-27, § 2(d), 34 DCR 5079; Mar. 2, 1991, D.C. Law 8-190, § 2(c), 37 DCR 6721; Mar. 7, 2000, D.C. Law 13-54, § 2(a), 46 DCR 9915; Aug. 16, 2008, D.C. Law 17-219, § 7008, 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 1201(b), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 1092(a), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 102, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 1052, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 1012, 59 DCR 8025; Dec. 17, 2014, D.C. Law 20-151, § 2(b), 61 DCR 8893; Oct. 30, 2018, D.C. Law 22-168, § 1033(a), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-622.9.

Section References

This section is referenced in § 1-621.17 and § 1-622.11.

Effect of Amendments

D.C. Law 13-54 added subsecs. (c) and (d).

D.C. Law 17-219 added subsec. (e).

D.C. Law 18-111 rewrote subsec. (d); and added subsecs. (f) to (h).

D.C. Law 18-223, in subsec. (g), substituted “or” for “the Police and Fire Retirement System,”; in subsec. (h), substituted “for an annuitant described in subsection (g) of this section” for “an annuitant” in the lead-in text and rewrote par. (3); and added subsecs. (i) to (m).

D.C. Law 18-370, in subsecs. (a), (h)(2), (h)(3), (j)(1), and (l), substituted “an amount equal to 72%” for “an amount equal to 75%”; in subsecs. (a) and (h)(1), substituted “exceed 72%” for “exceed 75%”; in subsecs. (h)(2), (h)(3), (j)(1), and (l), substituted “contribute 28%” for “contribute 25%”; and, in subsec. (j)(2), substituted “shall not exceed 75%” for “shall not exceed 72%”.

D.C. Law 19-21 rewrote subsecs. (h)(3) and (l), which formerly read:

“(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 72% of the cost of the selected health benefit plan and the annuitant shall contribute 28% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 72% of the cost of the selected health benefit plan and the family member shall contribute 28% of the cost of the selected health benefit plan. This paragraph shall apply as of October 1, 2009.”

“(l) For an individual covered by subsection (k) of this section, the District’s contribution to the cost of the selected health benefits plan of the individual shall be an amount equal to 72% of the cost of the selected health benefit plan and the individual shall contribute 28% of the cost of the selected health benefit plan. For a covered family member of the individual, the District contribution to the cost of the selected health benefits plan of the family member shall be an amount equal to 72% of the cost of the selected health benefit plan and the family member shall contribute 28% of the cost of the selected health benefit plan.”

The 2012 amendment by D.C. Law 19-168 substituted “75%” for “72%” throughout (a), (h), (j), and (l); and substituted “25%” for “28%” in (h)(2), twice in (h)(3), (j)(1), and twice in (l).

The 2014 amendment by D.C. Law 20-151 substituted “Other Post-Employment Benefits Fund” for “Annuitants’ Health and Life Insurance Employer Contribution Trust Fund” in (c); and added (d-1) and (d-2).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1033(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary amendment of section, see § 2(a) of the Annuitants’ Health and Life Insurance Employer Contribution Emergency Amendment Act of 1998 (D.C. Act 12-617, January 22, 1999, 46 DCR 1335).

For temporary (90-day) amendment of section, see § 2(a) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-199, December 1, 1999, 46 DCR 10446).

For temporary (90-day) amendment of section, see § 2(a) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-276, March 7, 2000, 47 DCR 2015).

For temporary (90 day) amendment of section, see § 7008 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

For temporary (90 day) amendment of section, see § 1201(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Police and Firefighter Post-Retirement Health Benefits Emergency Amendment Act of 2009 (D.C. Act 18-230, November 5, 2009, 56 DCR 8794).

For temporary (90 day) amendment of section, see § 1201(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 102 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 1012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of the Annuitants’ Health and Life Insurance Employer Contribution Temporary Amendment Act of 1999 (D.C. Law 12-278, April 27, 1999, law notification 46 DCR 4284).

Section 2 of D.C. Law 18-100, in section 1201(b)(2) of D.C. Act 18-207, substituted “(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the family member shall contribute 25% of the cost of the selected health benefit plan. This paragraph shall apply as of October 1, 2009.” for “(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 60% of the cost of the selected health benefit plan and the family member shall contribute 40% of the cost of the selected health benefit plan.”

Section 3 of D.C. Law 18-100, in section 1201(b)(2) of D.C. Law 18-111, substituted “(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the family member shall contribute 25% of the cost of the selected health benefit plan. This paragraph shall apply as of October 1, 2009.” for “(3) For annuitants who are injured or killed in the line of duty, the District’s contribution shall be an amount equal to 75% of the cost of the selected health benefit plan and the annuitant shall contribute 25% of the cost of the selected health benefit plan. For a covered family member of an annuitant, the District contribution shall be an amount equal to 60% of the cost of the selected health benefit plan and the family member shall contribute 40% of the cost of the selected health benefit plan.”.

Section 5(b) of D.C. Law 18-100 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 7007 of D.C. Law 17-219 provided that subtitle D of title VII of the act may be cited as the “Other Post-Employment Benefits Eligibility Act of 2008”.

Short title: Section 1091 of D.C. Law 18-223 provided that subtitle J of title I of the act may be cited as the “Police and Firefighter Post-Retirement Health Benefits Amendment Act of 2010”.

Short title: Section 101 of D.C. Law 18-370 provided that subtitle A of title I of the act may be cited as “Health Benefit Plan District Contribution Amendment Act of 2010”.

Short title: Section 1051 of D.C. Law 19-21 provided that subtitle E of title I of the act may be cited as “Police and Firefighter Post-Retirement Health Benefits Clarification Amendment Act of 2011”.

Editor's Notes

For a requirement that the Chief Financial Officer assign an individual agency-level code for Other Post-Employment Benefits Trust Administration in the District's financial system, see § 1032 of D.C. Law 22-168.

Section 1093 of D.C. Law 18-223 provided: “Sec. 1093. Applicability. (a) Section 1092(a) and (c) shall apply as of October 1, 2011. (b) This subtitle shall apply subject to its inclusion in an approved budget and financial plan.”

Section 103 of D.C. Law 18-370 provided: “Sec. 103. Applicability. This subtitle shall apply as of January 1, 2011.”

Mayor authorized to enter agreements to modify health benefits contracts: See Historical and Statutory Notes following § 1-611.03.

§ 1–621.09a. Calculation of District of Columbia payment to Other Post-Employment Benefits Fund.

(a)(1) As specified in paragraph (2) of this subsection, the Chief Financial Officer shall engage an enrolled actuary, to be paid for out of the Fund, to make the following determinations as of a specified date on the basis of the entry age normal funding method and in accordance with generally accepted actuarial principles and practices with respect to the Fund:

(A) The normal cost, determined as a level percentage of covered annual payroll;

(B) The unfunded accrued liability payment; which, for the purposes of this section, means the level amount or the level percentage of covered annual payroll that, when contributed annually to the Fund for a period of not greater than 30 years, would be sufficient to fund the liability for benefits accrued by participants as of the valuation date (“accrued liability”) in excess of the current value of assets of the Fund (“unfunded accrued liability”);

(D) The estimated covered annual payroll; and

(E) Such additional information as the Chief Financial Officer may need to make the determinations specified in paragraph (4) of this subsection and in subsection (b) of this section.

(2) Unless the actuary engaged by the Chief Financial Officer pursuant to paragraph (1) of this subsection determines that a more frequent valuation is necessary to support the actuary’s opinion, the actuary shall make the determinations described in paragraph (1) of this subsection upon the request of the Chief Financial Officer and at least once every year.

(3)(A) On the basis of the most recent determinations made under paragraph (1) of this subsection, the enrolled actuary shall certify to the Chief Financial Officer each year, at a time specified by the Chief Financial Officer, the following information for the next fiscal year with respect to the Fund:

(i) The normal cost;

(ii) The present value of future benefits payable from the Fund for covered employees as of the valuation date;

(iii) The unfunded accrued liability payment;

(iv) The current value of assets as of the valuation date; and

(v) The value of assets used in developing the amortization of unfunded accrued liability payment.

(B) In calculating the District’s annual required contribution to the Fund, a closed amortization period of 30 years or less shall be used.

(4) On the basis of the most recent certification submitted by the enrolled actuary under paragraph (3) of this subsection, the Chief Financial Officer shall certify the sum of the normal cost and the unfunded accrued liability payment (“amount of the District payment”) for the next fiscal year for the Fund.

(b)(1) On the basis of the most recent determinations made under subsection (a)(4) of this section, the Chief Financial Officer shall, by March 1st of each year, certify to the Mayor and the Council the amount of the District contribution to the Fund.

(2) The Mayor, in preparing each annual budget for the District of Columbia pursuant to § 1-204.42, and the Council, in adopting each annual budget in accordance with § 1-204.46, shall, for the Fund, include in the budget no less than the amount of the District payment for the Fund certified by the Chief Financial Officer under paragraph (1) of this subsection. The Mayor and the Council may comment and make recommendations concerning any such amount certified by the Chief Financial Officer.

(c)(1) Before the enactment of any law, resolution, regulation, rule, or agreement producing any change in health and life insurance benefits for annuitants, the Mayor shall notify the Chief Financial Officer, who in turn shall engage an enrolled actuary to estimate the effect of that change in benefits over the next 5 fiscal years on the:

(A) Accrued liability of the Fund;

(B) Unfunded accrued liability of the Fund;

(D) Normal cost with respect to the Fund; and

(E) The District’s annual required contribution to the Fund.

(2) The Mayor shall transmit the estimates of the actuary to the Chief Financial Officer and the Council, and the change in benefits shall not become effective until the end of a 30-day period of review, which shall begin on the date of the Mayor’s transmittal.

§ 1–621.09b. Actuarial statement and opinion.

(a) As a part of the actuarial report presented to the Chief Financial Officer, the actuary shall prepare an actuarial statement. The statement shall contain:

(1) The dates of the fiscal year and the most recent actuarial valuation;

(2) The total amount of the contributions made by participants and the total amount of all other contributions, including the District payment, received for the fiscal year and for each preceding fiscal year for which the information was not previously reported;

(3) The number of participants, whether or not retired, and beneficiaries receiving benefits covered as of the last day of the fiscal year;

(4) The following information as of the date of the most recent actuarial valuation and, if available and sufficiently comparable so as not to be misleading, for at least the 2 preceding actuarial valuations:

(A) The aggregate annual compensation of participants;

(B) The actuarial value of assets of the Fund;

(D) The difference between the actuarial value of assets of the system and actuarial accrued liability, if applicable;

(E) The actuarial value of assets of the system expressed as a percentage of actuarial accrued liability, if applicable;

(F) The difference between the actuarial liability expressed as a percentage of the aggregate annual compensation of participants, if applicable; and

(G) The actuarial assumptions and methods used in determining the information described in this paragraph and other factors that significantly affect the information described in this paragraph; and

(5) Other information necessary to disclose fully and fairly the actuarial condition of the Fund.

(b)(1) The actuarial report shall also contain an opinion of the enrolled actuary on the actuarial statement attesting that:

(A) To the best of the actuary’s knowledge the statement is complete and accurate;

(B) Each assumption and method used in preparing the statement is reasonable, and the assumptions and methods in the aggregate are reasonable, taking into account (but not limited to) the experience of the benefits system; and

(2) In formulating an opinion, the actuary may rely on the correctness of any accounting matter as to which any qualified public accountant has expressed an opinion, if the actuary so indicates.

(c) The actuarial statement and opinion required by this section shall be included as part of the annual report required pursuant to § 1-621.09f(a)(1).

(d) For the purposes of §§ 1-621.09b through 1-621.09e, the term “benefits system” means the District’s system for funding and administering other post-employment benefits to annuitants.

§ 1–621.09c. Information about the other post-employment benefits system.

Upon request by the Chief Financial Officer, the Mayor and the head of any District agency or instrumentality shall furnish to the Chief Financial Officer information with respect to the benefits system to which this subchapter applies as the Chief Financial Officer considers necessary to enable it to carry out its responsibilities under this subchapter and to enable the enrolled actuary engaged pursuant to § 1-621.09(a) to carry out its responsibilities under this subchapter.

§ 1–621.09d. Preparation of studies; enrolled actuary.

The Chief Financial Officer shall:

(1) Direct the enrolled actuary engaged pursuant to § 1-621.09a to:

(A) From time to time, prepare an experiential study for the Fund;

(B) Each fiscal year, prepare an asset allocation study for the Fund, and:

(C) Prepare such other analyses as are best practice for other post- employment benefits funds or the District of Columbia Retirement Board; and

(2) Rebid the contract for the enrolled actuary no less frequently than every 5 years.

§ 1–621.09e. Annual audit.

(a) The Office of the Chief Financial Officer shall engage an independent qualified public accountant to conduct an annual audit of the Fund in accordance with generally accepted auditing standards. The annual audit of the Fund shall be conducted by a contracted auditor as part of the Comprehensive Annual Financial Report. The cost of the financial statement preparation shall be paid for out of the Fund. The examination shall involve such tests of the books and records of the Fund as are considered necessary by the accountant. The independent qualified public accountant shall also offer an opinion as to whether the separate schedules required by subsection (b) of this section and the summary material required under section § 1-621.09a present fairly, in all material respects, the information contained therein when considered in conjunction with the financial statements taken as a whole. The opinion by the independent qualified public accountant shall be made a part of the annual report required pursuant to § 1-621.09f. In offering the opinion, the accountant may rely on the correctness of any actuarial matter certified to by an enrolled actuary if the accountant so states this reliance.

(b)(1) The financial statement shall contain a statement of assets and liabilities, and a statement of changes in net assets available for benefits under the benefits system, which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant:

(A) A description of the benefits system, including any significant changes in the system made during the period and the impact of the changes on benefits;

(B) The funding policy (including the policy with respect to prior service cost), and any changes in the policy during the year;

(D) A description of material lease commitments, other commitments, and contingent liabilities;

(E) A description of agreements and transactions with persons known to be parties in interest; and

(F) Any other matters necessary to fully and fairly present the financial statements of the Fund.

(2) The statement required under paragraph (1) of this subsection shall have attached the following information in separate schedules:

(A) A statement of the assets and liabilities of the Fund, aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous fiscal year;

(B) A statement of receipts in and disbursements from the Fund during the preceding 12-month period, aggregated by general source and application;

(C) A schedule of all assets held for investment purposes, aggregated and identified by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether the party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;

(D) A schedule of each transaction involving a person known to be a party in interest, the identity of the party in interest and the party of interest’s relationship, or that of any other party in interest, to the Fund, and:

(i) A description of each asset to which the transaction relates;

(ii) The purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan;

(iii) Expenses incurred in connection with the transaction; and

(iv) The cost of the asset, the current value of the asset, and the net gain or loss on each transaction;

(E) A schedule of all loans or fixed-income obligations that were in default as of the close of the fiscal year or were classified during the year as uncollectible and the following information with respect to each loan on the schedule (including a notation as to whether parties involved are known to be parties in interest):

(i) The original principal amount of the loan;

(ii) The amount of principal and interest received during the reporting year;

(iii) The unpaid balance;

(iv) The identity and address of the obligor;

(v) A detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms); and

(vi) The amount of principal and interest overdue (if any) and an explanation thereof;

(F) A list of all leases that were in default or were classified during the year as uncollectible, and the following information with respect to each lease on the list (including a notation as to whether parties involved are known to be parties in interest):

(i) The type of property leased (and, if fixed assets such as land, buildings, and leaseholds, then the location of the property);

(ii) The identity of the lessor or lessee from or to whom the Fund is leasing;

(iii) The relationship of the lessors and lessees, if any, to the Fund, the government of the District of Columbia, any employee organization, or any other party in interest;

(iv) The terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options;

(v) The date the leased property was purchased and its cost;

(vi) The date the property was leased and its approximate value at that date;

(vii) The gross rental receipts during the reporting period;

(viii) Expenses paid for the leased property during the reporting period;

(ix) The net receipts from the lease;

(x) The amounts in arrears; and

(xi) A statement as to what steps have been taken to collect amounts due or otherwise remedy the default;

(G) The most recent annual statement of assets and liabilities of any common or collective trust maintained by a bank or similar institution in which some or all the assets of the Fund are held, of any separate account maintained by an insurance carrier in which some or all of the assets of the Fund are held, and of any separate trust maintained by a bank as trustee in which some or all of the assets of the Fund are held, and for each separate account or a separate trust, such other information as may be required by the Chief Financial Officer to comply with this subsection; and

(H) A schedule of each reportable transaction, the name of each party to the transaction (except that, for an acquisition or sale of a security on the market, the report need not identify the person from whom the security was acquired or to whom it was sold), and:

(i) A description of each asset to which the transaction applies;

(ii) The purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan;

(iii) Expenses incurred in connection with the transaction; and

(iv) The cost of the asset, the current value of the asset, and the net gain or loss on each transaction.

(3) For the purposes of paragraph (2)(H) of this subsection, the term “reportable transaction” means a transaction to which the Fund is a party and which is:

(A) A transaction involving an amount in excess of 5% (or other percentage that may be established from time to time by the United State Department of Labor for “reportable transactions”) of the current value of the assets of the Fund;

(B) Any transaction (other than a transaction respecting a security) that is part of a series of transactions with or in conjunction with a person in a fiscal year, if the aggregate amount of the transactions exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Fund;

(C) A transaction that is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of the transactions in the fiscal year exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Fund; or

(D) A transaction with, or in conjunction with, a person respecting a security, if any other transaction with or in conjunction with the person in the fiscal year respecting a security is required to be reported by reason of subparagraph (A) of this paragraph.

§ 1–621.09f. Annual report; prohibition on reprogramming.

(a)(1) By April 1st of each year, the Office of the Chief Financial Officer shall publish an annual report regarding the Fund.

(2) The annual report published pursuant to this subsection shall include:

(A) Along with the assumptions for the Fund used by the enrolled actuary pursuant to § 1-621.09b, a side-by-side comparison with the assumptions currently used by the District of Columbia Retirement Board;

(B) A side-by-side comparison of the Fund’s asset allocation and the District of Columbia Retirement Board’s asset allocation for the prior fiscal year;

(C) The most recent recommendations transmitted by the Other Post- Employment Benefits Fund Advisory Committee pursuant to § 1-621.53; and

(D) A description of actions taken by the Chief Financial Officer in response to the recommendations described in paragraph (2)(C) of this subsection, including an explanation of why no action was taken on a recommendation, if applicable.

(b)(1) Notwithstanding § 47-363(b)-(d), upon receipt of a reprogramming request of monies in the Fund, the Chairman of the Council shall cause a notice of the request to be published in the District of Columbia Register, together with a statement that the request shall be deemed disapproved 10 days from the date of publication in the District of Columbia Register, unless a proposed approval resolution is filed before that time by a Councilmember, and that if a proposed approval resolution is filed, the request shall be deemed disapproved 30 days (excluding weekends, holidays, and days of Council recess) from the date of the receipt of the reprogramming request, unless before the end of the 30-day review period the Council adopts a resolution of disapproval or approval.

(2) The publication of a notice of a reprogramming request shall satisfy the public notice requirements of this section and the rules of the Council and no further notice shall be necessary for the Council to adopt a resolution affecting the request.

(3) The Council shall consider the reprogramming request according to its rules. No reprogramming request may be submitted to the Chairman of the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council’s rules with respect to the request continue to run during such time as the Council is on recess.

(4)(A) If no proposed approval resolution of a reprogramming request is filed with the Secretary to the Council (“Secretary”) within 10 days of the publication of the request from the Mayor in the District of Columbia Register, the request shall be deemed disapproved.

(B) If a proposed approval resolution is filed with the Secretary to the Council within 10 days of publication of the reprogramming request from the Mayor in the District of Columbia Register, the Council may approve or disapprove the reprogramming request by resolution within 30 days (excluding weekends, holidays, and days of Council recess) of the receipt of the request from the Mayor. If the Council neither affirmatively approves or disapproves the request within 30 days (excluding weekends, holidays, and days of Council recess) of the receipt of the request, the request shall be deemed disapproved.

(5) At any time before final action by the Council on a reprogramming request, including deemed disapproval, the Mayor may withdraw the reprogramming request.

§ 1–621.10. Information to employees.

(a) The Mayor shall make available to each employee information as may be necessary to enable the employee to exercise an informed choice among the types of health benefit plans offered.

(b) The Mayor shall make available to each employee and annuitant enrolled in a health benefit plan a written statement or summary of:

(1) The services or benefits, including maximums, limitations, and exclusions, to which the employee, annuitant, or member of the family of the employee or annuitant are entitled;

(2) The procedures for obtaining benefits; and

(3) The principal provisions of the health benefit plan affecting the employee, annuitant, or member of the family of the employee or annuitant.

§ 1–621.11. Coverage of restored employees.

An employee enrolled in a health benefit plan under § 1-621.02 who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unwarranted or unjustified may, at the employee’s option, enroll as a new employee or have the employee’s coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.

§ 1–621.12. Evaluations; reports; audits.

(a) The Mayor shall make periodic evaluations of the operation and administration of the health benefit plans provided under § 1-621.05.

(b) Each contract entered into under § 1-621.04 shall require the carrier to:

(1) Furnish reasonable reports as the Mayor determines necessary to enable the District to carry out its functions under this subchapter; and

(2) Permit the Mayor to examine records of the carriers as may be necessary to carry out the purposes of this subchapter.

§ 1–621.13. Rules; eligibility.

(a) In order to ensure proper implementation of the health benefit plans under § 1-621.05 by October 1, 1987, the Mayor may issue temporary rules regarding the health benefit plans that shall not be subject to Council review. These temporary rules shall remain in effect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section.

(b) 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 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.

(c) The proposed rules submitted pursuant to subsection (a) of this section shall prescribe the time, manner, and conditions under which employees and annuitants are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, or employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter, including rules related to post-employment health benefits coverage, including structuring coverage so that it is secondary to other coverage (including Medicare).

(Mar. 3, 1979, D.C. Law 2-139, § 2113; as added Oct. 1, 1987, D.C. Law 7-27, § 2(d), 34 DCR 5079; Mar. 3, 2010, D.C. Law 18-111, § 1201(c), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 1092(b), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-622.13.

Effect of Amendments

D.C. Law 18-111 added subsec. (d).

D.C. Law 18-223 rewrote subsec. (d), which had read as follows: “(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue proposed rules relating to post-employment health benefits coverage including structuring coverage so that it is secondary to other coverage (including Medicare). The proposed rules 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 proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 1201(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1201(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 1093(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 1091 of D.C. Law 18-223 provided that subtitle J of title I of the act may be cited as the “Police and Firefighter Post-Retirement Health Benefits Amendment Act of 2010”.

Editor's Notes

Section 1093(b) of D.C. Law 18-223 provided: “(b) This subtitle shall apply subject to its inclusion in an approved budget and financial plan.”

§ 1–621.14. Continued health benefits coverage.

A District government employee who is separated from service, or an employee’s dependent who ceases to be a dependent, may be eligible for extended health benefit coverage in accordance with rules issued by the Mayor. The rules shall be as consistent as possible with federal regulations governing extended health benefits for District government employees enrolled in the Federal Employee Health Benefits Plan.

(Mar. 3, 1979, D.C. Law 2-139, § 2114; as added Mar. 2, 1991, D.C. Law 8-190, § 2(d), 37 DCR 6721.)

Prior Codifications

1981 Ed., § 1-622.14.

Section References

This section is referenced in § 32-702.

Cross References

Termination of domestic partnerships, continued health benefits coverage, see § 32-702.

References in Text

The “Federal Employee Health Benefits Plan”, referred to in the second sentence, is treated in 5 U.S.C., Chapter 89.

Editor's Notes

Mayor authorized to enter agreements to modify health benefits contracts: See Historical and Statutory Notes following § 1-611.03.

§ 1–621.15. Reimbursement of excess premium costs. [Expired]

Expired.

§ 1–621.16. Information about post-employment benefit plans. [Repealed]

Repealed.

§ 1–621.17. Post-employment benefits.

(a) An annuitant may be eligible for the post-employment health benefits as set forth in § 1-621.05.

(b) To be eligible for post-employment health benefits, the annuitant must:

(1) Retire with at least:

(A) 10 years of creditable District service if the annuitant retired under the District Retirement Benefit Program, the Teachers’ Retirement System, the Judges’ Retirement System, or the Teachers’ Insurance and Annuity Association programs; or

(B) 10 years of creditable District service if the annuitant retired under the Police and Fire Retirement System and the annuitant was hired on or after November 10, 1996; or

(C) 5 years of creditable District service if the annuitant retired under the Police and Fire Retirement System and the annuitant was hired before November 10, 1996;

(2) Be enrolled in a health benefit plan under § 1-621.05 at the time of retirement;

(3) Have been continuously enrolled in a health benefit plan under § 1-621.05 for a period of at least 5 years preceding the annuitant’s retirement date; and

(4) Remain continuously covered under a health benefit plan under § 1-621.05.

(b-1) In addition to annuitants eligible under this section for the post-employment health benefits as set forth in § 1-621.05, individuals described in § 1-621.09(k) shall also be eligible for such benefits and those individuals shall be considered annuitants for the purposes of this section.

(c) If an annuitant’s coverage in a health benefit plan under § 1-621.05 ends, for any reason, the annuitant shall cease to be eligible for post-employment health benefits and shall not re-enroll, as an annuitant, in a health benefit plan under § 1-621.05.

(d) Upon the death of an annuitant who is enrolled in a health benefit plan under § 1-621.05 with family coverage, the annuitant’s surviving spouse and dependent children who are covered under the health benefit plan at the time of death may continue enrollment in a health benefit plan under § 1-621.05.

(Mar. 3, 1979, D.C. Law 2-139, § 2117; as added Mar. 3, 2010, D.C. Law 18-111, § 1201(d), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 1092(c), 57 DCR 6242.)

Effect of Amendments

D.C. Law 18-223 rewrote subsec. (b)(1); and added subsec. (b-1).

Cross References

National Capital Revitalization Corporation, health, life and retirement benefit plans for officers and employees, see § 2-1219.05.

Emergency Legislation

For temporary (90 day) addition, see § 1201(d) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1201(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Editor's Notes

Subchapter XXI-A. Other Post-Employment Benefits Fund Advisory Committee.

§ 1–621.51. Establishment of the Other Post-Employment Benefits Fund Advisory Committee.

There is established an Other Post-Employment Benefits Fund Advisory Committee (“Advisory Committee”) to advise the Office of the Chief Financial Officer in its administration of the Other Post-Employment Benefits Fund (“Fund”) established pursuant to § 1-621.09(c).

§ 1–621.52. Composition and term.

(a) The Advisory Committee shall consist of 7 members selected as follows:

(1) One individual appointed by the Council of the District of Columbia;

(2) One individual appointed by the Mayor;

(3) Four individuals appointed by the Chief Financial Officer; and

(4) One individual who is either a member of the District of Columbia Retirement Board (“Board”) or a member of the Board’s professional staff.

(b) Advisory Committee members shall have expertise in one or more of the following areas:

(1) Accounting;

(2) Employee benefits law;

(3) Financial advisory services;

(4) Government administration;

(5) Investment management; and

(6) Life and health insurance plans.

(d) A vacancy on the Advisory Committee shall be filled in the same manner in which the original appointment was made.

(e) An Advisory Committee member whose term has expired may continue to serve as a member until a replacement member has been appointed.

(f) A member appointed to replace a member who has resigned, dies, or is no longer able to serve (as determined by the Advisory Committee) shall serve for the remainder of the unexpired term of the member being replaced.

(g) The Advisory Committee shall elect a chairperson by majority vote on an annual basis.

(h) Members shall serve without compensation, but shall receive actual and necessary expenses incurred in the performance of their official duties.

(i) The Mayor, Council, and Chief Financial Officer shall appoint members to the Advisory Committee within 90 days of December 17, 2014.

§ 1–621.53. Duties.

(a) The Advisory Committee shall:

(1) Advise the Office of the Chief Financial Officer regarding:

(A) General administration of the Fund;

(B) Fund investment objectives and practices;

(D) Authorized Fund investments;

(E) The creation of relevant assumptions necessary for administration of the Fund;

(F) Review the selection of other post-employment benefits consultants and other professionals, including:

(i) Actuaries;

(ii) Accountants:

(iii) Financial advisors;

(iv) Investment managers; and

(v) Lawyers;

(2) Review the policies and practices of the Office of the Chief Financial Officer with regard to the Fund and provide recommendations regarding best practices;

(3) Review and critique the investment performance of the Fund; and

(4) Advise the Office of the Chief Financial Officer regarding the potential for collaboration or consolidation with the District of Columbia Retirement Board in the management of the Fund in order to promote efficiency.

(b) By February 1st of each fiscal year, the Advisory Committee shall transmit written recommendations to the Chief Financial Officer for inclusion in the annual report for the Fund pursuant to § 1-621.09f(a)(2)(C).

§ 1–621.54. Meetings and records.

(a) The Advisory Committee shall hold no fewer than 2 meetings per year. The chairperson of the Advisory Committee shall fix the time and place of each meeting.

(b) The meetings of the Advisory Committee shall not be subject to subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.].

(c) Except for the written recommendations transmitted to the Chief Financial Officer pursuant to § 1-621.53(b), any record or report of the Advisory Committee shall not be made available as a public record under § 2-532.

Subchapter XXII. Life Insurance; Benefit Program Study.

§ 1–622.01. Federal life insurance benefits.

The life insurance benefits provisions of Chapter 87 of Title 5 of the United States Code shall apply to all employees of the District government first employed before October 1, 1987, except those specifically excluded by law or rule and regulation. Procedures established for administering the life insurance benefits program within the District government shall be consistent with law and civil services rules.

§ 1–622.02. Benefit program study.

Within 18 months after March 3, 1979, the Mayor shall transmit a study to the Council concerning development of a program of disability income protection to be made available to employees through collective bargaining and a program of low cost legal services for employees.

§ 1–622.03. District life insurance benefits.

The District shall provide the group life insurance benefits set forth in § 1-622.07 to all employees of the District first employed after September 30, 1987, except those specifically excluded by law or by rule.

§ 1–622.04. Definitions.

For the purposes of §§ 1-622.05 through 1-622.14, the term:

(1) “Annuitant” means:

(A) An employee first employed by the District after September 30, 1987, who has subsequently retired pursuant to any of the following:

(i) Teachers’ Retirement System (§§ 38-2001.01 to 38-2023.16);

(ii) Police and Fire Retirement System (§§ 5-707 to 5-730);

(iii) Judges’ Retirement System (§§ 11-1561 to 11-1571); or

(iv) Teachers’ Insurance and Annuity Association programs; or

(i) Reaching 57 years of age and having completed 25 years of creditable District service in a law enforcement position;

(ii) Becoming entitled to retirement benefits under the Social Security Act; or

(iii) Becoming entitled to disability benefits under the Social Security Act.

(2) “Dependent child” includes:

(A) An adopted child; and

(B) A stepchild, foster child, or natural child of an employee or annuitant.

(3) “Employee” means an individual first employed by the District after September 30, 1987.

(4) “Member of family” means:

(A) The spouse of an employee or annuitant;

(B) An unmarried dependent child under 22 years of age;

(D) An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age 22.

(5) “Viatical settlement” means an irrevocable assignment of all an employee’s or former employee’s incidents of ownership in a life insurance policy.

(Mar. 3, 1979, D.C. Law 2-139, § 2204; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 20, 1998, D.C. Law 12-65, § 2(a), 44 DCR 7608; Mar. 20, 1998, D.C. Law 12-66, § 2(b), 45 DCR 343.)

Prior Codifications

1981 Ed., § 1-623.4.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Comprehensive Merit Personnel Act Health Benefits and Life Insurance Clarification Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-27, March 11, 1997, 44 DCR 1892), and § 2(b) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-213, December 5, 1997, 44 DCR 7615).

For temporary amendment of section, see § 2(a) of the District of Columbia Employee Viatical Settlement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-26, March 11, 1997, 44 DCR 1890), and see § 2(a) of the Employee Viatical Settlement Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-212, December 5, 1997, 44 DCR 7613).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Temporary Amendment Act of 1996 (D.C. Law 11-183, April 9, 1997, law notification 44 DCR 2378).

For temporary (225 day) amendment of section, see § 2(a) of the District of Columbia Employee Viatical Settlement Temporary Amendment Act of 1996 (D.C. Law 11-188, April 9, 1997, law notification 44 DCR 2383).

§ 1–622.05. Contracting authority.

(a) The Mayor may purchase from 1 or more life insurance companies a policy or policies of group life insurance to provide the benefits set forth in § 1-622.07 from a life insurance company licensed to provide life and accidental death and dismemberment insurance under the laws of the District. Any contract under this section shall be in accordance with Chapter 3 of Title 2.

(b) The Mayor may discontinue at any time a policy purchased from a company under subsection (a) of this section.

§ 1–622.06. Automatic coverage; description of benefits.

(a) Except as provided in subsection (b) of this section, an employee is automatically insured on the date the employee becomes eligible for insurance. Each policy purchased by the Mayor under § 1-622.05 shall provide for this automatic coverage.

(b) An employee who does not wish to be insured shall give written notice to the employee’s employing office or such other office designated by the Mayor on a form prescribed by the Mayor. If notice is received before the employee becomes insured, then the employee shall not be insured. If notice is received after the employee has become insured, the insurance will end at the end of the pay period in which the notice was received.

(1) The benefits to which the employee, annuitant, or member of the family of the employee or annuitant are entitled;

(2) The procedures for obtaining benefits; and

(3) The principal provisions of the policy in effect.

§ 1–622.07. Group insurance; amounts.

(a) The group life insurance amounts purchased by the District under § 1-622.05 shall be no less than the insurance amounts provided under the Federal Employees Group Life Insurance (“F.E.G.L.I.”) plan pursuant to 5 U.S.C. § 8702, in effect as of October 1, 1987.

(b) Employees shall be offered the option of purchasing additional coverage for themselves, and for their spouses and dependent children, and the cost of the additional coverage shall be borne solely by the employees purchasing that coverage, except Executive Service employees.

(Mar. 3, 1979, D.C. Law 2-139, § 2207; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; June 10, 1998, D.C. Law 12-124, § 101(w)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-623.7.

Section References

This section is referenced in § 1-622.03 and § 1-622.05.

Editor's Notes

For actual amounts under the Federal Employees Group Life Insurance plan referred to in (a), see 5 U.S.C. § 8704.

Applicability of § 101(w) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–622.08. Death claims; order of precedence; viatical settlements.

(a) Except as provided in subsection (a-1) of this section, the amount of group life insurance in force for an employee or annuitant at the date of the employee or annuitant death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of the death of the employee or annuitant, in the following order of precedence:

(1) To the beneficiary or beneficiaries designated by the employee or annuitant in a signed and witnessed writing executed and filed before death;

(2) If there is no designated beneficiary, to the widow or widower of the employee or annuitant;

(3) If none of the above, to the child or children of the employee or annuitant and descendants of a deceased child or children by representation;

(4) If none of the above, to the parents or parent of the employee or annuitant;

(5) If none of the above, to the duly appointed personal representative of the estate of the employee or annuitant; or

(6) If none of the above, to the other next of kin of the employee or annuitant under the laws of the domicile of the employee or annuitant at the date of death.

(a-1)(1) Except as provided in paragraph (2) of this subsection, pursuant to rules and regulations prescribed by the Mayor, each policy purchased pursuant to § 1-622.05 shall provide that an insured employee or former employee who is terminally ill may make a viatical settlement, which is an irrevocable assignment of all the employee’s or former employee’s incidents of ownership in the policy. The assignment shall automatically cancel any designation of beneficiary the insured person might have made, and the insured person shall no longer have the right to designate a beneficiary. The assignee shall assume the right to convert the insurance when the insured employee’s employment circumstances would have provided this option to the insured employee.

(2) The assignment shall exclude accidental dismemberment insurance and family optional insurance.

(b) If no claim has been filed by any of the persons set forth in subsection (a) of this section or an assignee pursuant to subsection (a-1) of this section within 4 years of the date of death of an employee or annuitant, then the funds shall be deposited into the General Fund of the District of Columbia to be kept for safekeeping and disbursed in accordance with Chapter 1 of Title 41.

(Mar. 3, 1979, D.C. Law 2-139, § 2208; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 20, 1998, D.C. Law 12-65, § 2(b), 44 DCR 7608.)

Prior Codifications

1981 Ed., § 1-623.8.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the District of Columbia Employee Viatical Settlement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-26, March 11, 1997, 44 DCR 1890), and § 2(b) of the Employee Viatical Settlement Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-212, December 5, 1997, 44 DCR 7613).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the District of Columbia Employee Viatical Settlement Temporary Amendment Act of 1996 (D.C. Law 11-188, April 9, 1997, law notification 44 DCR 2383).

§ 1–622.09. Termination of insurance.

(a) A policy purchased under § 1-622.05 shall contain a provision, approved by the Mayor, providing that insurance on an employee ends 1 month after separation from the District or after discontinuance of pay, with provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Mayor.

(b) An employee in a group life insurance plan under § 1-622.05 who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified may, at the employee’s option, enroll as a new employee or have the employee’s coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.

§ 1–622.10. Employee deductions; withholdings; payments.

(a) During each pay period in which the employee or annuitant is insured under a policy of insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the compensation of the employee or the annuity of the annuitant as his or her share of the cost of the group life insurance benefits purchased under § 1-622.05. The amount withheld from an employee or annuitant paid on other than a biweekly basis shall be determined at a proportional rate adjusted to the nearest cent.

(b) During each pay period in which an employee receiving disability compensation benefits pursuant to subchapter XXIII of this chapter is insured under a policy of group life insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the disability compensation benefits of the individual as his or her share of the cost of the group insurance.

(c) There shall be paid by each annuitant who received his or her benefits as a lump sum payment an amount equal to the cost of the life insurance plan less the amount of the District contribution to the life insurance plan for the annuitant.

§ 1–622.11. District contributions.

(a) For each pay period in which an employee or annuitant is insured under a policy of insurance purchased under § 1-622.05, a sum computed at a rate determined by the Mayor shall be contributed from the appropriation or fund that is used to pay the employee or annuitant to the carrier of the plan that the employee or annuitant has selected. This sum shall not exceed one-half the amount that is withheld from the compensation of the employee or annuitant under § 1-622.10 for basic life insurance coverage.

(b) The District’s contribution for annuitants shall be paid from the trust fund established in § 1-621.09.

(Mar. 3, 1979, D.C. Law 2-139, § 2211; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 7, 2000, D.C. Law 13-54, § 2(b), 46 DCR 9915.)

Prior Codifications

1981 Ed., § 1-623.11.

Effect of Amendments

D.C. Law 13-54 designated the existing text as subsec. (a), and added subsec. (b).

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Emergency Amendment Act of 1998 (D.C. Act 12-617, January 22, 1999, 46 DCR 1335).

For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-199, December 1, 1999, 46 DCR 10446).

For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-276, March 7, 2000, 47 DCR 2015).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Temporary Amendment Act of 1999 (D.C. Law 12-278, April 27, 1999, law notification 46 DCR 4284).

§ 1–622.12. Annual accounting; reports.

(a) Each policy purchased by the District under § 1-622.05 shall provide for an accounting by the company from which the insurance was purchased to the Mayor not later than 90 days after the end of each policy year. The accounting shall set forth, in form approved by the Mayor:

(1) The amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year;

(2) The total of all mortality and other claim charges incurred for that period; and

(3) The amounts of the company’s expenses and risk charges incurred for that period.

(b) Each contract entered into under § 1-622.05 shall require the company to:

(1) Furnish reasonable reports as the Mayor determines to be necessary to enable the District to carry out its functions under this subchapter; and

(2) Permit the Mayor to examine records of the company as may be necessary to carry out the purposes of this subchapter.

§ 1–622.13. Special contingency reserve.

(a) An excess of the total of § 1-622.12(a)(1) over the sum of § 1-622.12(a)(2) and (a)(3) shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy purchased under § 1-622.05.

(b) The special contingency reserve shall bear interest at a rate determined in advance of each policy period by the company from which the insurance was purchased under § 1-622.05 and approved by the Mayor as being consistent with the rates generally used by the company from which the insurance was purchased under § 1-622.05 for similar funds held under other group life insurance policies.

(c) When the Mayor determines that the amount of the special contingency reserve is sufficient to provide for adverse fluctuations in future charges under the policy, any funds in excess of that amount may be used to increase benefits, to reduce premiums, or both, or may be deposited in the General Fund of the District.

(d) When a policy purchased under § 1-622.05 is discontinued, any balance remaining in the special contingency reserve after all charges have been paid shall be deposited in the General Fund of the District.

(e) When a policy purchased pursuant to § 1-622.05 is replaced by a successor policy, either by a new policy under a contract with the same life insurance company or by a policy under a new contract with another life insurance company, any balance remaining in the special contingency reserve shall be transferred to the special contingency reserve for the new policy.

§ 1–622.14. Rules; eligibility.

(a) In order to ensure proper implementation of the group life insurance under § 1-622.05 by October 1, 1987, the Mayor may issue temporary rules regarding the group life insurance that shall not be subject to Council review. These temporary rules shall remain in effect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section.

(c) The proposed rules shall prescribe the time, manner, and conditions under which employees are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, and employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.

§ 1–622.15. Disability income protection.

The Mayor shall establish a disability income program to include short- and long-term disability insurance which shall provide coverage for non-job-related injuries and illnesses.

(Mar. 3, 1979, D.C. Law 2-139, § 2215; as added June 10, 1998, D.C. Law 12-124, § 101(w)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-623.15.

Editor's Notes

Applicability of § 101 of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

§ 1–622.16. Post-employment benefits.

An annuitant may elect to convert group life insurance benefits authorized in § 1-622.03 to an individual policy upon separation from service.

(Mar. 3, 1979, D.C. Law 2-139, § 2216; as added Mar. 3, 2010, D.C. Law 18-111, § 1201(e), 57 DCR 181.)

Cross References

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

Temporary Assistance for Needy Families program (TANF), workers’ compensation coverage, see § 4-205.19k.

Emergency Legislation

For temporary (90 day) addition, see § 1201(e) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1201(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Subchapter XXIII. Public Sector Workers’ Compensation.

§ 1–623.01. Definitions.

For the purpose of this subchapter:

(1) The term “employee” means:

(A) A civil officer or employee in any branch of the District of Columbia government, including an officer or employee of an instrumentality wholly owned by the District of Columbia government;

(B) An individual rendering personal service to the District of Columbia government similar to the service of a civil officer or employee of the District of Columbia, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service or authorizes payment of travel or other expenses of the individual, but does not include a member of the Metropolitan Police Department or the Fire Department of the District of Columbia who is pensioned or pensionable under §§ 5-701 through 5-724; and

(C) An individual selected pursuant to Chapter 121 of Title 28 of the United States Code and serving as a petit or grand juror and who is otherwise an employee for the purposes of this subchapter as defined by subparagraphs (A) and (B) of this paragraph.

(2) The term “physician” includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by law. The term “physician” includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor.

(3) The term “medical, surgical, and hospital services and supplies” includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners, and hospitals within the scope of their practice as defined by District or state law and as designated by the Mayor to provide services to injured employees. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine, to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor.

(4) The term “monthly pay” means the monthly pay at the time of injury or the monthly pay at the time disability begins or the monthly pay at the time compensable disability recurs if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the District, whichever is greater, except when otherwise determined under § 1-623.13 with respect to any period.

(5)(A) The term “injury” means:

(i) Accidental injury or death arising out of and in the course and scope of employment; and

(ii) Occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury.

(B) The term “injury” includes:

(i) An injury caused by the willful act of third persons directed against an employee because of his or her employment; and

(ii) Damage to, or destruction of, eyeglasses, hearing aids, medical braces, artificial limbs, and other medical devices and such time lost while such device or appliance is being replaced or repaired.

(6) Repealed.

(7) The term “parent” includes stepparents and parents by adoption.

(8) The terms “brother” and “sister” mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters.

(9) The term “child” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children and posthumous children, but does not include married children.

(10) The term “grandchild” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support.

(11) Repealed.

(12) The term “compensation” includes the money allowance payable to an employee or his or her dependents and any other benefits paid for from the Employees’ Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death.

(13) The term “student” means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is:

(A) A school, college, or university operated or directly supported by the United States, by the District, by a state or local government, or political subdivision thereof;

(B) A school, college, or university which has been accredited by the District, by a state, by a state-recognized or nationally-recognized accrediting agency or body;

(C) A school, college, or university not so accredited, but whose credits are accepted on transfer by at least 3 institutions which are so accredited for credit on the same basis as if transferred from an institution so accredited; or

(D) An additional type of educational or training institution as defined by the Mayor.

Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he or she shows, to the satisfaction of the Mayor, that he or she has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Mayor, he or she is prevented by factors beyond his or her control from pursuing his or her education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period.

(14) Repealed.

(15) Repealed.

(16) The term “organ” means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back.

(17) “Utilization review” means the evaluation of the necessity, character, and sufficiency of both the level and quality of medically related services provided an injured employee based upon medically related standards.

(18)(A) The term “managed care organization” means an organization of physicians and allied health professionals organized to and capable of providing systematic and comprehensive medical care and treatment of injured employees which is designated by the Mayor to provide such care and treatment under this subchapter.

(B) The term “allied health professional” means a medical care provider (including a nurse, physical therapist, laboratory technician, X-ray technician, social worker, or other provider who provides such care within the scope of practice under applicable law) who is employed by or affiliated with a managed care organization.

(19) The term “claimant” means a person who has applied for benefits under this subchapter.

(20) Repealed.

(21) The term “surviving spouse or domestic partner” means the spouse or domestic partner living with or dependent for support on the decedent at the time of his or her death, or living apart for reasonable cause or because of his or her desertion.

(22) The term “accident” means an unexpected traumatic event during a single work shift identifiable by time and place of occurrence and producing objective symptoms of an injury.

(Mar. 3, 1979, D.C. Law 2-139, § 2301, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(a), 37 DCR 6890; Sept. 26, 1995, D.C. Law 11-52, § 810(a), 42 DCR 3684; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(c)(4); Mar. 26, 1999, D.C. Law 12-175, § 2102(a), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(a), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 2(c), 51 DCR 881; Sept. 12, 2008, D.C. Law 17-231, § 3(f), 55 DCR 6758; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(2), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.1.

1973 Ed., § 1-353.1.

Section References

This section is referenced in § 1-623.10, § 1-623.18, § 1-623.33, and § 7-2361.11.

Effect of Amendments

D.C. Law 14-28 repealed par. (20) which had read as follows: “(20) The term ‘Director’ means the Director, Department of Employment Services.”

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 17-231 repealed pars. (6) and (11); and added par. (21).

D.C. Law 18-223 rewrote par. (5); and added par. (22). Prior to amendment, par. (5) read as follows: “(5) The term ‘injury’ includes, in addition to injury by accident, a disease proximately caused by the employment and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except, that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damage or destruction is incident to a personal injury requiring medical services.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 302(a) of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).

For temporary amendment of section, see § 1702(a) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(a) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(a) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(a) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(2) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 302(a) of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).

For temporary (225 day) amendment of section, see § 805(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Short Title

Short title: Section 1061 of D.C. Law 18-223 provided that subtitle G of title I of the act may be cited as the “Disability Compensation Amendment Act of 2010”.

Editor's Notes

Mayor authorized to issue rules: Section 4 of D.C. Law 8-198 provided that “(a) The Mayor shall, pursuant to subchapter I of Chapter 15 of Title 1, issue rules to implement the provisions of this act within 90 days from the date of enactment of this act. The proposed rules 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 proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

“(b) The proposed rules shall include standards for:

“(1) A coding system for medical reports and bills; and.

“(2) The implementation of utilization review.”

Application of § 150(c) of Pub. L. 105-100: Section 150(c)(5) of Pub. L. 105-100, 111 Stat. 2181, the District of Columbia Appropriations Act, 1998, provided that the amendments made by subsection (c) shall apply with respect to services, supplies, or appliances furnished under title XXIII of the District of Columbia Merit Personnel Act of 1978 on or after the date of the enactment of this Act. Public Law 105-100 was approved November 19, 1997.

§ 1–623.02. Compensation for disability or death of employee.

(a) The District of Columbia government shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his or her duty, unless the injury or death is:

(1) Caused by willful misconduct of the employee;

(2) Caused by the employee’s intention to bring about the injury or death of himself or herself or of another; or

(3) Proximately caused by the intoxication of the injured employee.

(b) No claim shall be allowed under this chapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following:

(1) Employee’s work performance, assignments, or duties;

(2) Promotion or denial of promotion;

(3) Adverse personnel action;

(4) Transfer;

(5) Retrenchment or dismissal; or

(6) Provision of employment benefits.

(c) Pursuant to § 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.

(Mar. 3, 1979, D.C. Law 2-139, § 2302, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(3), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1122(a), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.2.

1973 Ed., § 1-353.2.

Effect of Amendments

D.C. Law 18-223 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2012 amendment by D.C. Law 19-168 repealed (b) and (c), which read: “(b) No claim shall be allowed under this subchapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following: (1) Employee’s work performance, assignments, or duties; (2) Promotion or denial of promotion; (3) Adverse personnel action; (4) Transfer; (5) Retrenchment or dismissal; or (6) Provision of employment benefits. (c) Pursuant to § 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(3) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Section 1122(a) of D.C. Law 19-168 repealed (b) and (c). However, § 1123 of D.C. Law 19-168 provided that § 1122 of the act shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of Title X of D.C. Law 19-168.

The Budget Office of the District of Columbia Council has determined that the conditions of § 1123 of D.C. Law 19-168 were not met. Therefore the amendments to this section by section 1122(a) of D.C. Law 19-168 have not been given effect.

§ 1–623.02a. Administration.

The Mayor shall administer and decide all questions arising under this chapter. The Mayor may delegate to the City Administrator any of the powers conferred on him or her by this chapter, except disability compensation hearings and adjudication powers, pursuant to § 1-623.28, which shall be exercised by the Director of the Department of Employment Services.

(Mar. 3, 1979, D.C. Law 2-139, § 2302a; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(b), 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39, § 2003, 50 DCR 5668.)

Effect of Amendments

D.C. Law 15-39 substituted “to the City Administrator” for “to the Director of Personnel”.

Emergency Legislation

For temporary (90 day) addition of section, see § 1103(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 3 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Emergency Amendment Act of 2003 (D.C. Act 15-88, May 19, 2003, 50 DCR 4330).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).

§ 1–623.02b. Functions — Disability compensation.

The functions of the program shall be to:

(1) Establish appropriate systems and procedures for the reporting of occupational accidents and illnesses;

(2) Maintain and analyze records of all occupational accidents and illnesses occurring within agencies;

(3) Study safety problems and recommend actions to correct undesirable conditions or unsafe practices;

(4) Monitor and evaluate adequacy and effectiveness of safety procedures and practices of District agencies through inspection;

(5) Make determinations and awards for, or against payment of compensation under this chapter;

(6) Pay compensation to employees for work related disability or death resulting from personal injury sustained in the performance of their duty, as specified in this section;

(7) Conduct promotional campaigns to stimulate employees’ interest in accident prevention and to train and motivate supervisors in accident prevention concepts, practices and techniques;

(8) Develop and maintain working agreements with designated physicians and other public or private organizations, as required; and

(9) Monitor the adequacy and effectiveness of medical services under this section, and develop guidelines for the determination of disabilities and professional fees.

§ 1–623.03. Medical services and initial medical and other benefits.

(a) The District government shall furnish to an employee who is injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualified physician, who is approved by the Mayor or his or her designee pursuant to subsection (d) of this section, which the Mayor considers likely to cure, give relief, reduce the degree or period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished:

(1) Whether or not disability has arisen;

(2) Notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of Chapter 83 of Title 5 of the United States Code, or another retirement system for employees of the District or federal government; and

(3) By or on the order of the District of Columbia government medical officers and hospitals, or by or on the order of a physician or managed care organization designated or approved by the Mayor.

The employee may initially select a physician to provide medical services, appliances, and supplies in accordance with such rules and regulations and instructions as the Mayor considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Mayor, shall be paid from the Employees’ Compensation Fund.

(b) The Mayor, under such limitations or conditions as he or she considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Mayor may certify vouchers for these expenses out of the Employees’ Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury accepted by the employing agency as properly compensable under this subchapter. The Mayor shall prescribe the form and content of the certificate.

(d)(1) An employee to whom services, appliances, or supplies are furnished pursuant to subsection (a) of this section shall be provided with such services, appliances, and supplies (including reasonable transportation incident thereto) by a managed care organization or other health care provider designated by the Mayor or his or her designee, in accordance with such rules, regulations, and instructions as the Mayor considers appropriate. Any health care provider who is a member of such managed care organization shall apply in writing to the Mayor or his or her designee, and be approved by the Mayor or his or her designee prior to providing any services, appliances, or supplies pursuant to this section.

(2) Any expenses incurred as a result of furnishing services, appliances, or supplies which are authorized by the Mayor under paragraph (1) of this section shall be paid from the Employees’ Compensation Fund.

(3) Any medical service provided pursuant to this subsection shall be subject to utilization review under § 1-623.23.

(e) The District government shall furnish or authorize payment for services, appliances, supplies, and reasonable transportation and expenses incidental thereto, to the injured employee within 30 days after the Mayor or his or her designee receives notice that the employee has been injured while in the performance of duty.

(f) The Mayor or his or her designee shall provide a claimant with written authorization for payment for any treatment or procedure within 30 days after the treating physician makes a written request to the Mayor or his or her designee for this authorization. If the Mayor or his or her designee fails to provide written authorization to the claimant within 30 days of the request, the treatment or procedure shall be deemed authorized, unless the Mayor or his or her designee commences a utilization review pursuant to § 1-623.23(a-2) within 30 days of the request.

(Mar. 3, 1979, D.C. Law 2-139, § 2303, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(b), 37 DCR 6890; Sept. 26, 1995, D.C. Law 11-52, § 810(b), 42 DCR 3684; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, §§ 150(c)(1), (2); Mar. 26, 1999, D.C. Law 12-175, § 2102(b), 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(d), 46 DCR 2118; Apr. 12, 2000, D.C. Law 13-91,§§ 160(a), 162, 163, 47 DCR 520; Apr. 5, 2005, D.C. Law 15-290, § 2(a), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.3.

1973 Ed., § 1-353.3.

Section References

This section is referenced in § 1-623.17 and § 7-2361.11.

Effect of Amendments

D.C. Law 13-91 validated previously made technical amendments.

D.C. Law 15-290 added subsecs. (e) and (f).

Cross References

Health care assistance reimbursement, rights to reimbursement, see § 4-601 et seq.

Emergency Legislation

For temporary amendment of section, see § 1702(b) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(b) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(b) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 days) amendment of this section, see § 201(b) of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

§ 1–623.04. Vocational rehabilitation.

(a) The Mayor shall direct an individual with a permanent or temporary disability whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Mayor shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Mayor, insofar as practicable, shall use the services or facilities of the District of Columbia government. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund.

(b) Notwithstanding § 1-623.06, individuals directed to undergo vocational rehabilitation by the Mayor, while undergoing such rehabilitation, shall receive compensation at the rate provided in §§ 1-623.05 and 1-623.10, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation.

(c) The initial vocational rehabilitation services provided pursuant to this section shall be for a period not to exceed 90 days after the claimant reaches maximum medical improvement and vocational rehabilitation is initiated.

(d) After the initial 90-day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Mayor, for good cause shown, for incremental periods of 90 days, not to exceed one year from the initiation of the initial vocational rehabilitation plan.

(Mar. 3, 1979, D.C. Law 2-139, § 2304, 25 DCR 5740; Oct. 3, 2001, D.C. Law 14-28, § 1203(c), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(g), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(4), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.4.

1973 Ed., § 1-353.4.

Section References

This section is referenced in § 1-623.11, § 1-623.13, and § 1-623.17.

Effect of Amendments

D.C. Law 14-28, in subsec. (a), substituted “shall direct a permanently or temporarily” for “may direct a permanently”.

D.C. Law 16-305, in subsec. (a), substituted “an individual with a permanent or temporary disability” for “a permanently or temporarily disabled individual”.

D.C. Law 18-223 added subsecs. (c) and (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(c) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(4) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Mayor's Orders

Establishment and Appointments—D.C. State Rehabilitation Council, see Mayor’s Order 2001-173, November 30, 2001 ( 48 DCR 11586).

§ 1–623.05. Total disability.

(a) If the disability is total, subject to the limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of his or her monthly pay, which shall be known as his or her basic compensation for total disability.

(b) The loss of use of both hands, both arms, both feet, or both legs or the loss of sight of both eyes is prima facie permanent total disability.

(Mar. 3, 1979, D.C. Law 2-139, § 2305, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(5), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.5.

1973 Ed., § 1-353.5.

Section References

This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.

Effect of Amendments

D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(5) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

§ 1–623.06. Partial disability.

(a) If the disability is partial, subject to limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity after the beginning of the partial disability. This shall be known as his or her basic compensation for partial disability.

(b) Repealed.

(1) Refuses to seek suitable work; or

(2) Refuses or neglects to work after suitable work is offered to, procured by, or secured for him or her is not entitled to compensation and such payment shall be suspended.

(Mar. 3, 1979, D.C. Law 2-139, § 2306, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(p), 27 DCR 2632; Oct. 3, 2001, D.C. Law 14-28, § 1203(d), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(h), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(6), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1032(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.6.

1973 Ed., § 1-353.6.

Section References

This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), substituted “shall require each employee” for “may require a partially disabled employee”.

D.C. Law 16-305, in subsec. (c), substituted “An employee with a partial disability” for “A partially disabled employee”.

D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.

The 2012 amendment by D.C. Law 19-168 rewrote (b).

The 2015 amendment by D.C. Law 20-155 repealed (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(d) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(6) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(a) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) 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) amendment of this section, see § 1022(b)( 1) 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) amendment of this section, see § 1022(b)( 1) 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).

Temporary Legislation

Section 2(a) of D.C. Law 19-69 repealed subsec. (b).

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.

§ 1–623.06a. Period of disability payments.

(a) Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benefits shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Office of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of § 1-623.24(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Office of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision.

(b) Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, 1980.

(Mar. 3, 1979, D.C. Law 2-139, § 2306a; as added Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(7), 57 DCR 6242.)

Section References

This section is referenced in § 1-623.05 and § 1-623.06.

Emergency Legislation

For temporary (90 day) addition of section, see § 1062(b)(7) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 2(b) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

Temporary Legislation

Section 2(b) of D.C. Law 19-69 added a section to read as follows:

“Sec. 2306b. Earnings affidavit.

“(a) The Mayor shall require each employee receiving benefits under this title to report his or her earnings from employment or self-employment, by affidavit or otherwise, including by providing copies of tax documents or authorization for the Mayor to obtain copies of tax documents, in the manner and at the times the Mayor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money.

“(b) An employee forfeits his or her right to compensation with respect to any period for which the affidavit or report was required if the employee:

“(1) Fails to file a complete affidavit or report when required; or

“(2) Knowingly omits or understates any part of his or her earnings.

“(c) Compensation forfeited under this section, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 2329 unless recovery is waived under that section.”.

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.

§ 1–623.06b. Report of earnings.

(a) The Mayor shall require each employee receiving benefits under this subchapter to report his or her earnings from employment or self-employment by affidavit, including by providing copies of tax returns and authorizing the Mayor to obtain copies of tax documents, within 30 days of a written request for a report of earnings.

(b) An employee shall forfeit his or her right to workers’ compensation with respect to any period for which the report of earnings was required if the employee:

(1) Fails to file a complete report of earnings within 30 days of a written request for a report of earnings; or

(2) Knowingly omits or understates any part of his or her earnings.

(c) Workers’ compensation forfeited under this section, if already paid, may be recovered by a deduction from future workers’ compensation payments owed to the employee or otherwise recovered under § 1-623.29.

(d) The Mayor shall notify any employee receiving workers’ compensation benefits, on forms prescribed by the Mayor, of that employee’s affirmative duty to report earnings and shall specifically notify the employee that a failure to report earnings may subject him or her to termination from the program and civil or criminal liability. The notice by the Mayor may be satisfied by printing the notice on the employee payee statement portion of the indemnity check sent to the employee.

(e) For the purposes of this section, the term “earnings” includes any cash, wages, or salary received from self-employment or from any other employment aside from the employment in which the worker was injured. The term “earnings” also includes commissions, bonuses, and the cash value of all payments and benefits received in any form other than cash. Commissions and bonuses earned before disability but received during the time the employee is receiving workers’ compensation benefits do not constitute earnings that must be reported.

(Mar. 3, 1979, D.C. Law 2-139, § 2306b; as added Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(2), 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) 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 D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) 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 D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) 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).

§ 1–623.07. Compensation schedule.

(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66 2/3 percent of his or her monthly pay. The basic compensation shall be:

(1) Payable regardless of whether the cause of the disability originates in a part of the body other than that member;

(2) Payable regardless of whether the disability also involves another impairment of the body; and

(3) In addition to compensation for temporary total or temporary partial disability; provided, that:

(A) A claimant who has received compensation for temporary total or temporary partial disability under this title shall be eligible for compensation payable under this section only after compensation for the temporary total or temporary partial disability has ceased;

(B) A claimant shall not receive any further compensation for a single injury for temporary total or temporary partial disability after receiving compensation for the injury under this section; and

(C) A claimant shall not be entitled to receive multiple awards of compensation under this section for the same permanent disability, but shall only be entitled to receive one award of compensation payable under this section per permanent disability.

(b) Repealed.

(1) Arm lost, 312 weeks’ compensation;

(2) Leg lost, 288 weeks’ compensation;

(3) Hand lost, 244 weeks’ compensation;

(4) Foot lost, 205 weeks’ compensation;

(5) Eye lost, 160 weeks’ compensation;

(6) Thumb lost, 75 weeks’ compensation;

(7) First finger lost, 46 weeks’ compensation;

(8) Great toe lost, 38 weeks’ compensation;

(9) Second finger lost, 30 weeks’ compensation;

(10) Third finger lost, 25 weeks’ compensation;

(11) Toe other than great toe lost, 16 weeks’ compensation;

(12) Fourth finger lost, 15 weeks’ compensation;

(13) Loss of hearing:

(A) Complete loss of hearing of 1 ear, 52 weeks’ compensation; or

(B) Complete loss of hearing of both ears, 200 weeks’ compensation;

(14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of any eye is the same as for loss of the eye;

(15) Compensation for loss of more than 1 phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the 1st phalanx is one-half of the compensation for loss of the entire digit;

(16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively;

(17) Compensation for loss of use of 2 or more digits or 1 or more phalanges of each of 2 or more digits of a hand or foot is proportioned to the loss of the use of the hand or foot occasioned thereby;

(18) Compensation for permanent total loss of use of a member is the same as for loss of the member;

(19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction;

(20) In case of loss of use of more than 1 member or parts of more than 1 member as enumerated by this schedule, the compensation is for loss of the use of each member or part thereof and the awards run consecutively. When the injury affects only 2 or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears;

(21) For serious disfigurement of the face, head, or neck of a character likely to hinder an individual in securing or maintaining employment, proper and equitable compensation not to exceed $7,500 shall be awarded in addition to any other compensation payable under this schedule; or

(22) For permanent loss or loss of use of any other important external or internal organ of the body, as determined by the Mayor, proper and equitable compensation not to exceed 312 weeks for each organ so determined shall be paid in addition to any other compensation payable under this schedule.

(d) If medical records or other objective evidence substantiate a pre-existing impairment or other impairments or conditions unrelated to the work-related injury, the Mayor shall apportion the pre-existing or unrelated medical impairment from that of the current work-related injury or occupational disease in accordance with American Medical Association Guides to the Evaluation of Permanent Impairment (“AMA Guides”). In making this determination, the Mayor shall consider medical reports by physicians with specific training and experience in the use of the AMA Guides.

(Mar. 3, 1979, D.C. Law 2-139, § 2307, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(q), 27 DCR 2632; Mar. 6, 1991, D.C. Law 8-198, § 3(c), 37 DCR 6890; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(8), 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-169, § 4, 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(3), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.7.

1973 Ed., § 1-353.7.

Section References

This section is referenced in § 1-623.08, § 1-623.09, § 1-623.10, § 1-623.15, and § 1-623.16.

Effect of Amendments

D.C. Law 18-223 added subsec. (d).

The 2012 amendment by D.C. Law 19-169 substituted “hinder” for “handicap” in (c)(21).

The 2015 amendment by D.C. Law 20-155 rewrote (a)(3); and repealed (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(8) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 1022(b)(3) 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) amendment of this section, see § 1022(b)(3) 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) amendment of this section, see § 1022(b)(3) 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).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

§ 1–623.08. Reduction of compensation for subsequent injury to same member.

The period of compensation payable under the schedule in § 1-623.07 is reduced by the period of compensation paid or payable under the schedule for an earlier injury if: (1) Compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Mayor finds that compensation payable for the later disability, in whole or in part, would duplicate the compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the scheduled period starts on the expiration of that period as reduced under this section.

§ 1–623.09. Beneficiaries of awards unpaid at death; order of precedence.

(a) If an individual: (1) Has sustained disability compensable under § 1-623.07(a); (2) has filed a valid claim in his or her lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his or her death, whether or not accrued or due at his or her death, shall be paid:

(A) Under an award made before or after the death;

(B) For the period specified by the schedule;

(C) To and for the benefit of the persons then in being within the classes and on the conditions and in proportions specified by this section; and

(D) In the following order of precedence:

(i) If there is no child, to the surviving spouse or domestic partner;

(ii) If there are both a surviving spouse or domestic partner and a child or children, one-half to the surviving spouse or domestic partner and one-half to the child or children;

(iii) If there is no surviving spouse or domestic partner, to the child or children;

(iv) If there is no survivor in the above classes, to the parent or parents completely or partially dependent for support on the decedent, or to other completely dependent relatives listed by § 1-623.33, or to both in proportions provided by rules and regulations; or

(v) If there is no survivor in the above classes and no burial allowance is payable under § 1-623.34, an amount not exceeding that which would be expendable under § 1-623.34, if applicable, shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he or she has paid the burial expenses: Except, that a compensated insurer or other person obligated by law or contract to pay the burial expenses or a state or political subdivision or entity is deemed not equitably entitled to such reimbursement.

(b)(1) Except as provided in paragraph (2) of this subsection, payments under subsection (a) of this subsection, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specified by § 1-623.07.

(2) For an employee who would otherwise be an employee for purposes of this subchapter whose date of hire was before January 1, 1980, or whose claim for compensation for disability or death was pending before December 29, 1994, payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specified by § 1-623.07, even if at the time of death the employee was entitled to the augmented rate specified by § 1-623.10.

(c) A surviving beneficiary under subsection (a) of this section, except one under sub-subparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, does not have a vested right to payment and must be alive to receive payment.

(d) A beneficiary under subsection (a) of this section, except one under sub-subparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, ceases to be entitled to payment on the happening of an event which would terminate his or her right to compensation for death under § 1-623.33. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneficiary in accordance with subsection (a) of this section.

§ 1–623.10. Augmented compensation for dependents.

(a) For the purpose of this section, “dependent” means the following:

(1) A spouse or domestic partner, if:

(A) He or she is a member of the same household as the employee;

(B) He or she is receiving regular contributions from the employee for his or her support; or

(2) An unmarried child, while living with the employee or receiving regular contributions from the employee toward his or her support, and who is:

(A) Under 18 years of age; or

(B) Over 18 years of age and incapable of self-support because of physical or mental disability; and

(3) A parent, while wholly dependent on and supported by the employee.

Notwithstanding paragraph (2) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries or enters into a domestic partnership.

(a-1) Repealed.

(b) An employee with a disability, whose date of hire was before January 1, 1980, with 1 or more dependents is entitled to have his or her basic compensation for disability augmented:

(1) At the rate of 8 1/3 percent of his or her monthly pay if that compensation is payable under § 1-623.05 or § 1-623.07(a); or

(2) At the rate of 8 1/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity if that compensation is payable under § 1-623.06.

(b-1) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 2310, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(r), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 810(d), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 4(b), 44 DCR 1271; Apr. 24, 2007, D.C. Law 16-305, § 3(i), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(h), 55 DCR 6758; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(9), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.10.

1973 Ed., § 1-353.10.

Section References

This section is referenced in § 1-623.04, § 1-623.09, and § 1-623.12.

Effect of Amendments

D.C. Law 16-305 substituted “an employee with a disability” for “a disabled employee”, throughout the section.

D.C. Law 17-231, in subsec. (a), substituted “spouse or domestic partner” for “spouse”; and, in the last undesignated paragraph, substituted “marries or enters into a domestic partnership” for “marries”.

D.C. Law 18-223, in the lead-in text of subsec. (a), substituted “this section,” for “this section, and except as provided in subsection (a-1) of this section,”; repealed subsecs. (a-1) and (b-1); and, in subsec. (b), substituted “An employee with a disability, whose date of hire was before January 1, 1980,” for “Except as provided in subsection (b-1) of this section, an employee with a disability”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(9) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

§ 1–623.11. Additional compensation for services of attendants or vocational rehabilitation.

(a) The Mayor may pay an employee who has been awarded compensation an additional sum of not more than $500 a month, as he or she considers necessary, when he or she finds that the service of an attendant is necessary constantly because the employee is totally blind or has lost the use of both hands or both feet or is paralyzed and unable to walk or because of another disability resulting from the injury making him or her so helpless as to require constant attendance.

(b) The Mayor may pay an individual undergoing vocational rehabilitation under § 1-623.04 additional compensation necessary for his or her maintenance, but not to exceed $200 a month.

§ 1–623.12. Maximum and minimum monthly compensation.

(a) Except as provided by § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 75% of the monthly pay of the maximum rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. In case of total disability and except as provided in subsection (b) of this section, the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter, or the amount of the monthly pay of the employee, whichever is less.

(b) For employees hired after December 31, 1979, who make a claim for compensation for disability or death after December 29, 1994, except as provided in § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 73% of the monthly pay of the maximum rate of basic pay for DS-12, Step 10. In the case of total disability the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for DS-2, Step 1, or the amount of the monthly pay of the employee, whichever is less.

§ 1–623.13. Increase, decrease, or suspension of compensation.

(a) If an individual: (1) Was a minor or employed in a learner’s capacity at the time of injury, and (2) did not have a physical or mental disability before the injury, the Mayor, on review under § 1-623.28 after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.

(b) If an individual, without good cause fails to apply for and undergo vocational rehabilitation when so directed under § 1-623.04, the Mayor may review such failure under § 1-623.28. If the Mayor, upon review, finds that in the absence of such failure the wage-earning capacity of the individual would probably have substantially increased, the Mayor may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his or her wage-earning capacity in the absence of the failure, until such time as the individual in good faith complies with the direction of the Mayor.

(c) If an employee hired after December 31, 1979, without good cause, fails to apply for or undergo vocational rehabilitation when so directed under § 1-623.04, his or her right to compensation under this subchapter shall be suspended until the noncompliance ceases.

(Mar. 3, 1979, D.C. Law 2-139, § 2313, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(s), 27 DCR 2632; Apr. 24, 2007, D.C. Law 16-305, § 3(j), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(10), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1032(b), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.13.

1973 Ed., § 1-353.13.

Section References

This section is referenced in § 1-623.01.

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “did not have a physical or mental disability” for “was not physically or mentally handicapped”.

D.C. Law 18-223 rewrote the section heading which had read as follows: “Increase or decrease of basic compensation”; in subsec. (a), substituted “at the time of injury, and” for “at the time of injury; or”; in subsec. (b), substituted “If an employee, whose date of hire was before January 1, 1980,” for “If an individual”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-168 substituted “If an individual” for “If an employee, whose date of hire was before January 1, 1980” in (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(10) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(c) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Section 2(c) of D.C. Law 19-69, in subsec. (b), substituted “If an individual” for “If an employee whose date of hire was before January 1, 1980,”.

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.

§ 1–623.14. Computation of pay.

(a) For the purpose of this section:

(1) The term “overtime pay” means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of work time, as observed by the employing establishment.

(2) The term “year” means a period of 12 calendar months, or the equivalent thereof as specified by rules and regulations prescribed by the Mayor.

(b) In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.

(c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earning. For so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, at the discretion of the Mayor, may be computed on the basis of the actual daily wage of the employee at the time of injury, in which event he or she may receive compensation for the days he or she would have worked but for the injury.

(d) Average annual earnings are determined as follows:

(1) If the employee worked in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay:

(A) Was fixed, the average annual earnings are the annual rate of pay; or

(B) Was not fixed, the average annual earnings are the product obtained by multiplying his or her daily wage for the particular employment or the average thereof, if the daily wage has fluctuated; by 300, if he or she was employed on the basis of a 6 day workweek; 280, if employed on the basis of a 5 1/2 day workweek; and 260, if employed on the basis of a 5 day workweek;

(2) If the employee did not work in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment with the District government, as determined under paragraph (1) of this subsection;

(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he or she was working at the time of the injury having regard to the previous earnings of the employee in District of Columbia government employment, and of other employees of the District of Columbia government in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee or other relevant factors. The average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his or her injury; or

(4) If the employee served without pay or a nominal pay, paragraphs (1), (2), and (3) of this subsection apply, as far as practicable, but the average earnings of the employee may not exceed the minimum rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter; provided that the average earnings of the employee may not exceed the minimum rate of basic pay for DS-12, Step 10 or its equivalent in the collective bargaining unit for those employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year.

(e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money and premium pay under § 5545(c)(1) of Title 5 of the United States Code, are included as part of the pay, but account is not taken of the following:

(1) Overtime pay;

(2) Additional pay or allowance authorized outside the District of Columbia government because of differential in cost of living or other special circumstances; or

(3) Bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service.

§ 1–623.15. Determination of wage-earning capacity.

(a) In determining compensation for partial disability, except permanent partial disability compensable under §§ 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following:

(1) The nature of his or her injury;

(2) The degree of physical impairment;

(3) His or her usual employment;

(4) His or her age;

(5) His or her qualifications for other employment;

(6) The availability of suitable employment; and

(7) Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.

(b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

§ 1–623.16. Limitation of right to receive compensation.

(a) While an employee is receiving compensation under this subchapter or if he or she has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he or she may not receive salary, pay, or remuneration of any type from the District of Columbia, except:

(1) In return for service actually performed;

(2) Pension for service in the Army, Navy, or Air Force;

(3) Other benefits administered by the Veterans Administration unless such benefits are payable for the same injury or the same death; and

(4) Retired pay, retirement pay, retainer pay, or equivalent pay for service in the armed forces or other uniformed services, subject to the reduction of such pay in accordance with § 5532 of Title 5 of the United States Code. Eligibility for or receipt of benefits under subchapter III of Chapter 83 of Title 5 of the United States Code or another retirement or disability system for employees of the government does not impair the right of the employee to compensation for scheduled disabilities specified by subsection (c) of § 1-623.07.

(a-1) An employee shall not be eligible for compensation under this subchapter if he or she was employed by the District of Columbia or the federal government before October 1, 1987, and is receiving disability benefits from the federal government for the same injury.

(b) An individual entitled to benefits under this subchapter because of his or her injury, or because of the death of an employee who also is entitled to receive from the District of Columbia government under a provision of a statute, other than this subchapter, payment or benefits for that injury or death (except proceeds of an insurance policy), because of service by him or her (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he or she will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Mayor. The election when made is irrevocable, except as otherwise provided by statute.

(c) The liability of the District of Columbia government or an instrumentality thereof, under this subchapter or any extension thereof with respect to the injury or death of an employee, is exclusive and instead of all other liability of the District of Columbia government or the instrumentality to the employee, his or her legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the District of Columbia or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a federal tort liability statute. This subchapter does not apply to a master or a member of a crew of a vessel.

(d)(1) If an employee who has been receiving compensation under this subchapter is paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, becomes a retiree under the federal government civil service retirement system, that employee may not receive any further payments under this subchapter.

(2) The Mayor shall promulgate rules to implement the provisions of paragraph (1) of this subsection.

(Mar. 3, 1979, D.C. Law 2-139, § 2316, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(t), (u), 27 DCR 2632; Oct. 20, 1999, D.C. Law 13-38, § 602, 46 DCR 6373; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(11), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.16.

1973 Ed., § 1-353.16.

Effect of Amendments

D.C. Law 13-38 added subsec. (d).

D.C. Law 18-223 added subsec. (a-1).

Cross References

Health and Hospitals Public Benefit Corporation, easy out and early out retirement incentive programs, disability recipients, see § 44-1103.01.

Emergency Legislation

For temporary (90-day) amendment of section, see § 602 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) amendment of section, see § 1062(b)(11) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

§ 1–623.17. Time of accrual of right.

(a) An employee is not entitled to compensation or continuation of pay as provided in § 1-623.18 for the first 3 days of temporary disability which would have otherwise been workdays for the employee, except:

(1) When the disability exceeds 14 calendar days;

(2) When the disability is followed by permanent disability; or

(3) As provided by §§ 1-623.03 and 1-623.04.

(b) An employee may use annual or sick leave to his or her credit at the time the disability begins but the time period specified in subsection (a) of this section does not begin to run until the use of annual or sick leave ends.

§ 1–623.18. Continuation of pay; election to use annual or sick leave.

(a) The District of Columbia government shall authorize the continuation of pay of an employee, as defined in paragraph (1) of § 1-623.01, who has filed a claim for a period of wage loss due to a traumatic injury with his or her immediate superior on a form approved by the Mayor within the time specified in paragraph (2) of subsection (a) of § 1-623.22.

(b) Continuation of pay under this subchapter shall be furnished:

(1) Unless controverted under rules and regulations of the Mayor;

(2) For a period not to exceed 45 days for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, provided that the period of continuation of pay shall not exceed 21 days for all other employees, beginning 2 years after December 29, 1994; and

(3) Under accounting procedures and such other rules and regulations as the Mayor may require.

(c) If a claim under subsection (a) of this section is denied by the Mayor, payments under this section, at the option of the employee, shall be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of § 5584 of Title 5 of the United States Code or equivalent provisions of this chapter.

(d) Payments under this section shall not be considered compensation as defined by paragraph (12) of § 1-623.01.

§ 1–623.19. Notice of injury or death.

(a) An employee injured in the performance of his or her duty, or someone on his or her behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in § 1-623.33, or someone on his or her behalf. A notice of injury or death shall:

(1) Be given within 30 days after the injury or death;

(2) Be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;

(3) Be in writing;

(4) State the name and address of the employee;

(5) State the year, month, day, hour when, and the particular locality where the injury or death occurred;

(6) State the cause and nature of the injury, or in the case of death, the employment factors believed to be the cause;

(7) Be signed by and contain the address of the individual giving the notice; and

(8) Be accompanied by a form approved by the Mayor authorizing access to all related medical and earnings data concerning the claimant.

(b) Failure to give the notice shall not bar any claim under this chapter:

(1) If the employer or the Disability Compensation Fund had actual knowledge of the injury or death and its relationship to the employment and the employer has not been prejudiced by failure to give the notice;

(2) If the Mayor or his or her designee excuses the failure on the ground that for some satisfactory reason the notice could not be given; or

(3) Unless objection to the failure is not raised before the Mayor at the first hearing of a claim for compensation relating to the injury or death at the Department of Employment Services.

(1) A minor until he or she reaches 21 years of age or has had a legal representative appointed; or

(2) An incompetent individual while he or she is incompetent and has no duly appointed legal representative.

(Mar. 3, 1979, D.C. Law 2-139, § 2319, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(b), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(a), 54 DCR 365; Mar. 14, 2007, D.C. Law 16-294, § 2(a), 54 DCR 1086.)

Prior Codifications

1981 Ed., § 1-624.19.

1973 Ed., § 1-353.19.

Section References

This section is referenced in § 1-623.22.

Effect of Amendments

D.C. Law 15-290 added subsecs. (b) and (c).

D.C. Law 16-231, in subsec. (b)(3), substituted “is not raised” for “is raised”.

D.C. Law 16-294, in subsec. (b), deleted “if” from the end of the lead-in text, inserted “If” at the beginning of pars. (1) and (2), and inserted “Unless” at the beginning of par. (3).

§ 1–623.20. Report of injury.

(a) The immediate superior of an employee shall report to the Mayor an injury to the employee that results in his or her death or probable injury within 3 days from the date of the injury or death or the date that the superior has knowledge of the injury, whichever is earlier.

(b) Notwithstanding § 1-623.24(a)(1), failure of a superior to report an injury or death shall not impair a claimant’s right to compensation. The Mayor may:

(1) Prescribe the information that the report shall contain;

(2) Require the immediate superior to make supplemental reports; and

(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.

(Mar. 3, 1979, D.C. Law 2-139, § 2320, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(c), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.20.

1973 Ed., § 1-353.20.

Effect of Amendments

D.C. Law 15-290 rewrote the section which had read:

“Immediately after an injury to an employee which results in his or her death or probable disability, his or her immediate superior shall report to the Mayor. The Mayor may:

“(1) Prescribe the information that the report shall contain;

“(2) Require the immediate superior to make supplemental reports; and

“(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).

§ 1–623.21. Claim required; contents.

(a) Compensation under this subchapter may be allowed only if an individual or someone on his or her behalf makes claim therefor. The claim shall:

(1) Be made in writing within the time specified by § 1-623.22;

(2) Be delivered to the Office of the Mayor or to an individual whom the Mayor may designate by rules and regulations, or deposited in the mail properly stamped and addressed to the Mayor or his or her designee;

(3) Be on a form approved by the Mayor;

(4) Contain all information required by the Mayor;

(5) Be sworn to by the individual entitled to compensation or someone on his or her behalf; and

(6) Except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.

(b) The Mayor may waive paragraphs (3) through (6) of subsection (a) of this section for reasonable cause shown.

§ 1–623.22. Time for making claim.

(a) An original claim for compensation for disability or death must be filed within 2 years after the injury or death. Compensation for disability or death, including medical care in a disability case, may not be allowed if claim is not filed within that time unless:

(1) The immediate superior has actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or

(2) Written notice of injury or death as specified in § 1-623.19 was given within 30 days.

(b) In a case of latent disability, the time for filing a claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his or her employment. In such a case, the time for giving notice of injury begins to run when the employee is aware or, by the exercise of reasonable diligence, should have been aware that his or her condition is causally related to his or her employment, whether or not there is a compensable disability.

(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.

(d) The time limitations in subsections (a) and (b) of this section do not:

(1) Begin to run against a minor until he or she reaches 21 years of age or has had a legal representative appointed; or

(2) Run against an incompetent individual while he or she is incompetent and has no duly appointed legal representative; or

(3) Run against any individual whose failure to comply is excused by the Mayor on the ground that such notice could not be given because of exceptional circumstances.

(e) An injured worker may reopen a case within one year after the date of the last payment of indemnity or the final order issued by a judicial entity.

(Mar. 3, 1979, D.C. Law 2-139, § 2322, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(y), 27 DCR 2632; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(12), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.22.

1973 Ed., § 1-353.22.

Section References

This section is referenced in § 1-623.18 and § 1-623.21.

Effect of Amendments

D.C. Law 18-223, in subsec. (a), substituted “2 years” for “3 years”; and added subsec. (e).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(12) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

§ 1–623.23. Physical examinations.

(a) An employee shall submit to examination by a medical officer of the District of Columbia government, or by a physician designated or approved by the Mayor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him or her present to participate in the examination.

(a-1) Each person who provides medical care or service under this subchapter shall utilize a standard coding system for reports and bills pursuant to regulations prescribed by the Mayor.

(a-2) Any medical care or service furnished or scheduled to be furnished under this subchapter shall be subject to utilization review. Utilization review may be accomplished prospectively, concurrently, or retrospectively. A decision on the medical care or service to the employee shall be made by the utilization review organization or individual within 60 days after the utilization review is requested. If the utilization review is not completed within 120 days of the request, the care or service under review shall be deemed approved. If the Mayor denies medical care or service because the medical care provider or claimant has not provided enough information for the utilization review process, the provider or claimant may request approval for the medical care or service again by providing new information.

(1) In order to determine the necessity, character, or sufficiency of any medical care or service furnished or scheduled to be furnished under this subchapter and to allow for the performance of competent utilization review, a utilization review organization or individual used pursuant to this chapter shall be certified by the Utilization Review Accreditation Commission.

(2) When it appears that the necessity, character, or sufficiency of medical care or service to an employee is improper or that medical care or service scheduled to be furnished must be clarified, the Mayor, employee, or District of Columbia government may initiate review by a utilization review organization or individual.

(3) If the medical care provider or employee disagrees with the opinion of the utilization review organization or individual, the medical care provider, or employee shall have the right to request reconsideration of the opinion by the utilization review organization or individual 60 calendar days from receipt of the utilization review report. The request for reconsideration shall be written and contain reasonable medical justification for the reconsideration.

(4) Disputes between a medical care provider, employee, or District of Columbia government on the issue of necessity, character, or sufficiency of the medical care or service furnished, or scheduled to be furnished, or the fees charged by the medical care provider shall be resolved by the Mayor upon application for a hearing by the District of Columbia government, employee, or medical provider. The decision of the Mayor may be reviewed by the Superior Court of the District of Columbia. The decision may be affirmed, modified, revised, or remanded in the discretion of the court. The decision shall be affirmed if supported by substantial competent evidence on the record.

(5) The District of Columbia government shall pay the cost of a utilization review if the employee seeks the review and is the prevailing party.

(a-3) Medical care providers shall not hold employees liable for services rendered in connection with a compensable injury under this subchapter.

(b) An employee is entitled to be paid expenses incident to an examination required by the Mayor which, in the opinion of the Mayor, are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Mayor, are paid from the Employees’ Compensation Fund.

(c) The Mayor shall fix the fees for examinations under this section by physicians not employed by or under contract to the District of Columbia government to furnish medical services to employees. The fees, when authorized or approved by the Mayor, are paid from the Employees’ Compensation Fund.

(d) If an employee refuses to submit to or obstructs an examination, his or her right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.

(Mar. 3, 1979, D.C. Law 2-139, § 2323, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(d), 37 DCR 6890; Apr. 5, 2005, D.C. Law 15-290, § 2(d), 52 DCR 1449; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(13), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1122(b), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.23.

1973 Ed., § 1-353.23.

Section References

This section is referenced in § 1-623.03.

Effect of Amendments

D.C. Law 15-290, in subsec. (a-2), inserted “A decision on the medical care or service to the employee shall be made by the utilization review organization or individual within 60 days after the utilization review is requested. If the utilization review is not completed within 120 days of the request, the care or service under review shall be deemed approved. If the Mayor denies medical care or service because the medical care provider or claimant has not provided enough information for the utilization review process, the provider or claimant may request approval for the medical care or service again by providing new information.” at the end of the second lead-in sentence, inserted “or employee” following “If the medical care provider” and inserted “, or employee” following “individual, the medical care provider” in par. (3), and inserted “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.” in par. (4).

D.C. Law 18-223, in subsec. (a-2)(4), deleted “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.”

The 2012 amendment by D.C. Law 19-168 would have added the last sentence in (a-2)(4).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(13) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Section 1122(b) of D.C. Law 19-168 would have added a sentence in (a-2)(4) to read as follows: “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.”

Applicability of D.C. Law 19-168: Section 1123 of D.C. Law 19-168 provided that subtitle L of the act (§§ 1121 to 1123) shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of the Revised Revenue Estimate Contingency Priority List Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743).

Applicability of D.C. Law 19-168: The Budget Office of the District of Columbia Council has determined that the conditions of § 1123 of D.C. Law 19-168 were not met. Therefore the amendments to this section by section 1122(a) of D.C. Law 19-168 have not been given effect.

§ 1–623.24. Time for making claim; finding of facts; award; right to hearing; conduct of hearing.

(a) The Mayor or his or her designee shall determine and make a finding of facts and an award for or against payment of compensation under this subchapter within 30 days after the claim was filed based on the following guidelines:

(1) The claim presented by the beneficiary and the report furnished by the employee’s immediate superior; and

(2) Any investigation as the Mayor or his or her designee considers necessary, provided that the investigation shall not extend beyond 30 days from the date that the Mayor received the report of the injury.

(a-1) Failure of an employee’s immediate superior to report an injury shall not prejudice a claimant’s right to benefits, nor relieve the Mayor or his or her designee of the duty to make a finding of facts and an award for or against payment of compensation within 30 days after the date the claim was filed.

(a-2) Failure of the Mayor or his or her designee to complete an investigation under subsection (a) of this section shall not prejudice a claimant’s right to benefits.

(a-3)(1) If the Mayor or his or her designee fails to make a finding of facts and an award for or against payment of compensation on a newly filed claim within 30 calendar days, the claim shall be deemed accepted, and the Mayor or his or her designee shall commence payment of compensation on the 31st day following the date the claim was filed. This section shall not apply if the Mayor provides notice in writing that extenuating circumstances preclude the Mayor from making a decision within this period, which shall include supporting documentation stating the reasons why a finding of facts and an award for or against compensation cannot be made within this period.

(2) If after the commencement of payment, the Mayor makes a determination against payment of compensation, payment shall cease; provided, that the Mayor or his or her designee may recoup benefits under § 1-623.29. The claimant shall not be required to repay monies received until all administrative remedies to the Department of Employment Service have been exhausted under subsection (b) of this section and under § 1-623.28.

(a-4) Repealed.

(b)(1) Before review under § 1-623.28(a), a claimant for compensation not satisfied with a decision of the Mayor or his or her designee under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge. At the hearing, the claimant and the Corporation Counsel are entitled to present evidence. Within 30 days after the hearing, the Mayor or his or her designee shall notify the claimant, the Corporation Counsel, and the Office of Personnel in writing of his or her decision and any modifications of the award he or she may make and the basis of the decision.

(2) In conducting the hearing, the representative of the Mayor is not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, or by the provisions of the District of Columbia Administrative Procedure Act (D.C. Code, § 2-501 et seq.), except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he or she shall receive such relevant evidence as the claimant adduces and such other evidence as he or she determines necessary or useful in evaluating the claim.

(3) The Mayor or his or her designee shall begin payment of compensation to the claimant within 30 days after the date of an order from the Department of Employment Services Administrative Law Judge.

(d)(1) The Mayor may modify an award of compensation if the Mayor or his or her designee has reason to believe a change of condition has occurred. The modification shall be made in accordance with the standards and procedures as follows:

(A) The Mayor shall provide written notice to the claimant of the proposed modification with the supportive documentation relied upon for the modification;

(B) The claimant shall have at least 30 days to provide the Mayor with written information as to why the proposed modification is not justified; and

(C) The Mayor shall conduct a full review of the reasons for the proposed modification and the arguments and information provided by the claimant.

(2) If the Mayor determines that modification of the award is required, the Mayor shall provide written notice to the claimant of the modification, including the reasons for the modification and the claimant’s right to seek review of that decision under subsection (b) of this section.

(3) The Mayor may not modify benefits until requirements under this subsection have been completed, or until any deadline established by the Mayor for the submission of additional information has expired, whichever is later, except that the following modifications may be made contemporaneously with the provision of a notice under this subsection:

(A) The award of compensation was for a specific period of time which has expired;

(B) The death of the claimant;

(D) The claimant has been convicted of fraud in connection with the claim; or

(E) Payment of compensation has been suspended due to the claimant’s failure to participate in vocational rehabilitation, failure to follow prescribed and recommended courses of medical treatment from the treating physician, or failure to cooperate with the Mayor’s request for a physical examination.

(4) An award for compensation may not be modified because of a change to the claimant’s condition unless:

(A) The disability for which compensation was paid has ceased or lessened;

(B) The disabling condition is no longer causally related to the employment;

(D) The employee has been released to return to work in a modified or light duty basis; or

(E) The Mayor or his or her designee determines based upon strong compelling evidence that the initial decision was in error.

(e) The Mayor shall provide a claimant and his or her attorney with access to the claimant’s file within 5 business days after a request to review the file is made. The claimant shall be provided, upon request, with one set of copies of the documents in the file.

(f) A claimant who is not satisfied with a decision under subsection (d) of this section may, within 30 days after the issuance of a decision, request a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge under subsection (b) of this section.

(g) If the Mayor or his or her designee fails to make payments of the award for compensation as required by subsection (a-3)(1), (a-4)(2), or (b)(3) of this section, the award shall be increased by an amount equal to one month of the compensation for each 30-day period that payment is not made; provided, that the increase shall not exceed 12 months’ compensation. In addition, the claimant may file with the Superior Court of the District of Columbia a lien against the Disability Compensation Fund, the General Fund of the District of Columbia, or any other District fund or property to pay the compensation award. The Court shall fix the terms and manner of enforcement of the lien against the compensation award.

(Mar. 3, 1979, D.C. Law 2-139, § 2324, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(z), 27 DCR 2632; Mar. 6, 1991, D.C. Law 8-198, § 3(e), 37 DCR 6890; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(c)(3); Mar. 26, 1999, D.C. Law 12-175, § 2102(c), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(e), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(e), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(b), 54 DCR 365; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(14), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.24.

1973 Ed., § 1-353.24.

Section References

This section is referenced in § 1-623.06a, § 1-623.20, § 1-623.27, § 1-623.28, § 1-623.35, § 1-623.42, and § 1-623.44.

Effect of Amendments

D.C. Law 14-28, in subsec. (b)(1), substituted “before a Department of Employment Services Disability Compensation Administrative Law Judge” for “before a representative of the Mayor” in the first sentence and substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services” in the last sentence; and, in subsec. (d), in the third sentence, substituted “Director of the Department of Employment Services” for “Mayor or his or her designee”, and substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services”.

D.C. Law 15-290 rewrote subsecs. (a) and (d); and added subsecs. (a-1) to (a-4), par. (3) of subsec. (b), and subsecs. (e) and (f).

D.C. Law 16-231 added subsec. (g).

D.C. Law 18-223, in subsec. (a-3)(1), substituted “against payment of compensation on a newly filed claim” for “against payment of compensation”; repealed subsec. (a-4); rewrote subsecs. (d)(3)(C), (E), and (4)(D).

Emergency Legislation

For temporary amendment of section, see § 1702(c) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(c) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(c) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(e) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(14) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

§ 1–623.25. Misbehavior at proceedings.

If an individual does the following: (1) Disobeys or resists a lawful order or process in proceedings under this subchapter before the Mayor or his or her representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it, the Mayor or his or her representative shall certify the facts to the Superior Court of the District of Columbia. The Court, in a summary manner, shall hear the evidence as to the acts complained of and, if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the Court, or commit the individual on the same conditions as if the forbidden act has occurred with reference to the process of or in the presence of the Court.

§ 1–623.26. Subpoenas; oaths; examination of witnesses.

The Mayor, on any matter within his or her jurisdiction under this subchapter, shall have the authority to:

(1) Issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles of the District of Columbia;

(2) Administer oaths;

(3) Examine witnesses; and

(4) Require the production of books, papers, documents, and other evidence.

§ 1–623.27. Representation; attorneys; fees.

(a) A claimant may authorize an individual to represent him or her in any proceeding before an administrative law judge under § 1-623.24(b). The claimant shall pay the fee for the representation.

(b)(1) For the purposes of this subsection, the term “successful prosecution” means obtaining an award of compensation that exceeds the amount that was previously awarded, offered, or determined. The term “successful prosecution” shall include a reinstatement or partial reinstatement of benefits which are reduced or terminated.

(2) If a person utilizes the services of an attorney-at-law in the successful prosecution of his or her claim under § 1-623.24(b) or before any court for review of any action, award, order, or decision, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorney’s fee, not to exceed 20% of the actual benefit secured, which fee award shall be paid directly by the Mayor or his or her designee to the attorney for the claimant in a lump sum within 30 days after the date of the compensation order.

(c) A person who receives any fees, other consideration, or any gratuity on account of services rendered as a representative of the claimant in an administrative or judicial proceeding under this subchapter, or who makes it a business to solicit employment for a lawyer, or for himself in respect of any claim or award for compensation, unless such consideration or any gratuity is approved as part of an order, shall be guilty of a misdemeanor and, upon conviction for each offense shall be punished by a fine of not more than $1,000, or imprisonment for not more than one year, or both. This provision applies to all benefits secured through the efforts of the attorney, including settlements provided for under this subchapter.

(d) Repealed.

(e)(1) In all cases, fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the administrative law judge or any court for review of any action, award, order, or decision, the administrative law judge or court shall approve an attorney’s fee for the work done before the administrative law judge or court, as the case may be, by the attorney for the claimant.

(2) An approved attorney’s fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation order due under an award, and the administrative law judge or court shall fix in the award approving the fee such lien and manner of payment.

(Mar. 3, 1979, D.C. Law 2-139, § 2327, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(d), 45 DCR 7193; Mar. 8, 2007, D.C. Law 16-231, § 2(c), 54 DCR 365; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(15), 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 1092, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 1-624.27.

1973 Ed., § 1-353.27.

Effect of Amendments

D.C. Law 16-231 rewrote this section, which formerly read:

“(a) A claimant may authorize an individual to represent him or her in any proceeding under this subchapter before the Mayor.

“(b) A claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Mayor.”

D.C. Law 18-223 rewrote subsecs. (a) and (b); and repealed subsec. (d).

D.C. Law 19-21 rewrote subsec. (b); and added subsec. (e). Prior to amendment, subsec. (b) read as follows: “(b) In all cases, a claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this title shall be valid only if approved by the administrative law judge.”

Emergency Legislation

For temporary amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1062(b)(15) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 1091 of D.C. Law 19-21 provided that subtitle I of title I of the act may be cited as “Disability Compensation Program Amendment Act of 2011”.

§ 1–623.28. Review of award.

(a) The Director of the Department of Employment Services may review an award for or against payment of compensation on application by either the claimant or the Office of the Corporation Counsel. An application for review pursuant to this subsection must be filed within 30 days after the date of the issuance of the decision of the Mayor or his or her designee pursuant to § 1-623.24(b)(1). The decision of the Mayor or his or her designee pursuant to § 1-623.24(b)(1) may be affirmed, modified, revised, or remanded in the discretion of the Director. The decision of the Mayor or his or her designee pursuant to § 1-623.24 shall be affirmed if supported by substantial competent evidence on the record. The Director shall notify the claimant, the Corporation Counsel, and the Office of Personnel in writing of his or her decision.

(b) The action of the Director in allowing or denying a payment under this subchapter may be reviewed by the District of Columbia Court of Appeals. An application for review to the District of Columbia Court of Appeals shall be filed within 30 days of the date of the issuance of the decision by the Director. The decision of the Director may be affirmed, modified, revised or remanded in the discretion of the Court. The decision of the Director shall be affirmed if supported by substantial competent evidence on the record. Credit shall be allowed in the accounts of a certifying or disbursing official for payment in accordance with that action.

(c) Notwithstanding subsection (b) of this section, an action in which the United States Department of Labor (or other federal authority) participated at any stage of the adjudication allowing or denying payment under this subchapter pursuant to an agreement with the District of Columbia is:

(1) Final and conclusive for all purposes and with respect to all questions of law or fact; and

(2) Not subject to review by a court by mandamus or otherwise.

(Mar. 3, 1979, D.C. Law 2-139, § 2328, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(aa), 27 DCR 2632; Mar. 26, 1999, D.C. Law 12-175, § 2102(e), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(f), 48 DCR 6981.)

Prior Codifications

1981 Ed., § 1-624.28.

1973 Ed., § 1-353.28.

Section References

This section is referenced in § 1-623.02a, § 1-623.13, § 1-623.24, § 1-623.35, and § 1-623.42.

Effect of Amendments

D.C. Law 14-28 inserted “of the Department of Employment Services” following “Director”; and, substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services”.

Emergency Legislation

For temporary amendment of section, see § 1702(e) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(e) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(e) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(f) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

§ 1–623.29. Recovery of overpayments.

(a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, under rules and regulations prescribed by the Mayor, either recovery of the overpayments shall be required of the individual or adjustment shall be made by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, an adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.

(a-1) Before seeking to recover an overpayment or adjust benefits, the District government shall advise the individual in writing:

(1) That the overpayment exists, and the amount of the overpayment;

(2) That a preliminary finding shows that the individual either was or was not at fault in the creation of the overpayment;

(3) That the individual has the right to inspect and copy government records relating to the overpayment; and

(4) That the individual has the right to request a waiver of the adjustment or recovery and to present evidence that challenges the fact or amount of the overpayment or the preliminary finding that he or she was at fault in the creation of the overpayment.

(b)(1) Adjustment or recovery by the District government shall be waived when incorrect payment has been made to an individual who is without fault and recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

(2)(A) For the purposes of this subsection:

(i) The term “at fault” means that an individual has made an incorrect statement as to a material fact that he or she knew or should have known to be incorrect; failed to provide information which he or she knew or should have known to be material; or accepted a payment which he or she knew or should have known to be incorrect.

(ii) The term “without fault” means an individual is receiving benefits pursuant to a good faith dispute as to whether his or her medical condition entitles him or her to receive those benefits.

(iii) The phrase “recovery would defeat the purpose of this subchapter” means that recovery would cause hardship to a current or former claimant or other beneficiary because he or she needs substantially all of his or her current income, including compensation to meet current ordinary and necessary living expenses which shall include:

(I) Fixed living expenses such as food, housing, utilities, maintenance, insurance, and taxes;

(II) Medical, hospitalization, and related expenses;

(III) Expenses for the support of others for whom the individual is legally responsible; and

(IV) Expenses that may be reasonably considered as part of the individual’s standard of living.

(iv) The phrase “against equity and good conscience” means that recovery would cause severe financial hardship to an individual to make the overpayment.

(B) The determination of whether an individual was at fault regarding an overpayment shall depend upon the totality of circumstances surrounding the overpayment including the complexity of those circumstances and the individual’s capacity to realize that he or she is being overpaid. The government shall consider all pertinent circumstances including the individual’s age, intelligence, and any physical, mental, educational, or linguistic limitations including any difficulty with the English language.

(b-1)(1) Before the District government may seek to recover an overpayment or adjust benefits, the government must allow the individual the opportunity to present evidence to the government in writing or at a pre-recoupment hearing. The evidence must be presented or the hearing requested within 30 days of the date of the written notice of the overpayment. The 30-day requirement can be waived for good cause including mental or physical incapacity of the individual or lack of timely receipt of the notice of adjustment or recoupment.

(2) An individual shall be required to provide relevant information and documentation to support his or her claim of severe financial hardship or that the individual needs substantially all of his or her current income to meet current ordinary and necessary living expenses. Failure to submit the requested information within 30 days of the request shall result in denial of a request for a waiver and no further request for a waiver shall be considered until the requested information is furnished.

(1) Adjustment or recovery of the amount is waived under subsection (b) of this section; or

(2) Adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

(Mar. 3, 1979, D.C. Law 2-139, § 2329, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(f), 45 DCR 7193; Apr. 5, 2005, D.C. Law 15-290, § 2(f), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.29.

1973 Ed., § 1-353.29.

Section References

This section is referenced in § 1-623.06 and § 1-623.24.

Effect of Amendments

D.C. Law 15-290 added subsecs. (a-1) and (b-1); and rewrote subsec. (b) which had read:

“(b) Adjustment or recovery by the District of Columbia government may be waived when incorrect payment has been made to an individual who is without fault and when recovery would defeat the purpose of this subchapter or would be against equity and good conscience.”

Emergency Legislation

For temporary amendment of section, see § 1702(f) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(f) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(f) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

§ 1–623.30. Assignment of claim.

An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.

§ 1–623.31. Subrogation of the District of Columbia.

(a)(1) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the District of Columbia government to pay damages, the Mayor may require the beneficiary to do the following:

(A) Assign to the District of Columbia government any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or

(B) Prosecute the action in his or her own name.

(2) An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.

(b) A beneficiary who refuses to assign or prosecute an action in his or her own name when required by the Mayor is not entitled to compensation under this subchapter.

(c) The Mayor may prosecute or compromise a cause of action assigned to the District of Columbia government. When the Mayor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payment of compensation payable for the same injury. The beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.

§ 1–623.32. Adjustment after recovery from third person.

If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the District of Columbia government to pay damages, and a beneficiary entitled to compensation from the District of Columbia government for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or her in his or her behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the District of Columbia government the amount of compensation paid by the District of Columbia government and credit any surplus on future payments of compensation payable to him or her for the same injury. No court, insurer, attorney or other person shall pay or distribute to the beneficiary or his or her designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the District of Columbia government. The amount refunded to the District of Columbia government shall be credited to the Employees’ Compensation Fund. If compensation has not been paid to the beneficiary, he or she shall credit the money or property on compensation payable to him or her by the District of Columbia government for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted, and, in addition to this minimum and at the time of distribution, to retain an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the District of Columbia government.

§ 1–623.33. Compensation in case of death.

(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:

(1) To the surviving spouse or domestic partner, if there is no child, 50 percent;

(2) To the surviving spouse or domestic partner, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the surviving spouse or domestic partner and children;

(3) To the children, if there is no surviving spouse or domestic partner, 40 percent for 1 child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children, share and share alike;

(4) To the parents, if there is no surviving spouse or domestic partner, or child, as follows:

(A) Twenty percent, if 1 parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;

(B) Twenty percent to each, if both were wholly dependent; or

(C) A proportionate amount in the discretion of the Mayor if one or both were partly dependent. If there is a surviving spouse or domestic partner, or child, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, and children, will not exceed a total of 75 percent;

(5)(A) To the brothers, sisters, grandparents, and grandchildren, if there is no surviving spouse or domestic partner, child, or dependent parent, as follows:

(i) Twenty percent, if one was wholly dependent on the employee at the time of death;

(ii) Thirty percent, if more than one were wholly dependent, divided among the dependents, share and share alike; or

(iii) Ten percent, if no one is wholly dependent but one or more is partly dependent, divided among the dependents, share and share alike; or

(B) If there is a surviving spouse or domestic partner, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, children, and dependent parents, will not exceed a total of 75 percent.

(b)(1) The compensation payable under subsection (a) of this section is paid from the time of death until:

(A) A surviving spouse or domestic partner dies, remarries, or enters into a domestic partnership;

(B) A child, brother, sister, or grandchild dies, marries or enters into a domestic partnership, or becomes 18 years of age or, if over age 18 and incapable of self-support, becomes capable of self-support; or

(2) Notwithstanding the provisions of subparagraph (B) of paragraph (1) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries. A surviving spouse or domestic partner who is entitled to benefits under this subchapter derived from more than one husband or wife shall elect one entitlement to be utilized.

(c) On the cessation of compensation under this section to or on the account of an individual, the compensation of the remaining individuals, entitled to compensation or the unexpired part of the period during which their compensation is payable is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.

(d) When there are 2 or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Mayor may modify the apportionment to meet the requirements of the case.

(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. The total monthly compensation may not exceed:

(1) The monthly pay computed under § 1-623.14, except for increases authorized by § 1-623.41; or

(2) Seventy-five percent of the maximum monthly rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, or 73% of the maximum monthly rate of basic pay for DS-12, Step 10 for employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994.

(f) Notwithstanding any funeral and burial expenses paid under § 1-623.34, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of subparagraph (A) of paragraph (1) of § 1-623.01 for reimbursement of the costs of termination of the decedent’s status as an employee of the District of Columbia government.

(Mar. 3, 1979, D.C. Law 2-139, § 2333, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(h), 42 DCR 3684; Sept. 12, 2008, D.C. Law 17-231, § 3(i), 55 DCR 6758; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(4), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.33.

1973 Ed., § 1-353.33.

Section References

This section is referenced in § 1-623.09, § 1-623.19, § 1-623.35, and § 1-623.38.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower” or “widow, widower” throughout the section; in subsec. (b)(1), substituted “marries or enters into a domestic partnership” for “marries”; and, in subsec. (b)(1)(A), substituted “dies, remarries, or enters a domestic partnership” for “dies or remarries”.

The 2015 amendment by D.C. Law 20-155 deleted “before reaching age 60” from the end of (b)(1)(A).

Emergency Legislation

For temporary (90 days) amendment of this section, see §1022(b)(4) 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) amendment of this section, see §1022(b)(4) 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) amendment of this section, see §1022(b)(4) 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).

§ 1–623.34. Funeral expenses; transportation of body.

(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $5,000, at the discretion of the Mayor.

(b) The body of an employee whose home was in the United States, at the discretion of the Mayor, may be embalmed and transported in a hermetically sealed casket to his or her home or last place of residence at the expense of the Employees’ Compensation Fund if:

(1) The employee dies from:

(A) The injury while away from his or her home or official station or outside the United States; or

(B) Other causes while away from his or her home or official station for the purposes of receiving medical or other services, appliances, supplies, or examination under this subchapter; and

(2) The relatives of the employee request the return of the body.

If the relatives do not request the return of the body of the employee, the Mayor may provide for its disposition and incur and pay from the Employees’ Compensation Fund the necessary and reasonable transportation, funeral and burial expenses.

§ 1–623.35. Lump-sum settlements.

(a) The claimant may enter into an agreement with the Mayor or his or her designee for a lump-sum settlement. Such settlements must be in writing and signed by the Mayor or his or her designee and the claimant. If the claimant is represented by counsel, the settlement documents must also be signed by the attorney for the claimant. Such settlements are to be the complete and final dispositions of a case and once approved require no further action by the Mayor or his or her designee.

(b) In reaching an agreement for a lump-sum settlement pursuant to this section, the probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation shall be determined according to the most current available United States Life Tables, as developed by the United States Department of Health and Human Services, but the lump-sum payment to a surviving spouse or domestic partner of the deceased employee may not exceed 60 months’ compensation. The probability of the occurrence of any other contingency affecting the amount or duration of compensation shall be disregarded.

(c) On remarriage or entry into a domestic partnership before reaching age 60, a surviving spouse or domestic partner entitled to compensation under § 1-623.33 shall be paid a lump-sum equal to 24 times the monthly compensation payment (excluding compensation on account of another individual) to which he or she was entitled immediately before the remarriage or entry into a domestic partnership.

(d) Lump-sum settlements may not be reviewed or modified under § 1-623.24 or § 1-623.28, except in case of fraud or misrepresentation by any party.

(Mar. 3, 1979, D.C. Law 2-139, § 2335, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(g), 45 DCR 7193; Sept. 12, 2008, D.C. Law 17-231, § 3(j), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-624.35.

1973 Ed., § 1-353.35.

Section References

This section is referenced in § 1-623.37.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower”; in subsec. (c), substituted “remarriage or enters into a domestic partnership” for “remarriage”.

Emergency Legislation

For temporary amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

§ 1–623.36. Injury incurred; initial payments outside United States.

If an employee is injured outside the continental United States, the Mayor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the District of Columbia government designated by the Mayor for that purpose in the locality in which the employee was employed or the injury incurred.

§ 1–623.37. Compensation for noncitizens and nonresidents.

(a) When the Mayor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulations, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he or she may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by:

(1) The adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or

(2) Establishing special schedules of compensation for injury, death and loss of use of members and functions of the body for specific classes of employees, areas, and place. Irrespective of the basis adopted, the Mayor may at any time:

(A) Modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;

(B) Modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and

(C) Modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.

(b) In a case under this section, the Mayor or his or her designee may:

(1) Make a lump sum award in the manner prescribed by § 1-623.35 when he or she, or his or her designee, considers it to be for the best interest of the District of Columbia government; and

(2) Compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law. Compensation paid under this subsection is instead of all other compensation from the District of Columbia government for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and satisfaction of all liability of the District of Columbia government in respect to the particular injury or death.

(c) The Mayor may delegate to an employee or agency of the District of Columbia government, with such limitations and right of review as he or she considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such rules, regulations, and instructions as the Mayor considers necessary. For this purpose, the Mayor may provide or transfer funds, including reimbursement of amounts paid under this subchapter.

(d) The Mayor may waive the application of this subchapter in whole or in part and for such period or periods as he or she may fix if the Mayor finds that:

(1) Conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or

(2) Claimants under this section are alien enemies.

(e) The Mayor may apply this section retrospectively with adjustment of compensation and benefits as he or she considers necessary and proper.

§ 1–623.38. Minimum limit modification for noncitizens and aliens.

The minimum limit on monthly compensation for disability under § 1-623.12 and the minimum limit on monthly pay on which death compensation is computed under § 1-623.33 do not apply in the case of a noncitizen employee or a class or classes of noncitizen employees who sustain injury outside the continental United States. The Mayor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.

§ 1–623.39. Student-employees.

A student-employee, as defined by § 5351 of Title 5 of the United States Code , who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty.

§ 1–623.40. Administration. [Repealed]

Repealed.

§ 1–623.41. Adjustments in compensation for disability or death.

(a) The Mayor shall award an across-the-board increase in compensation for disability or death whenever an across-the-board increase is awarded pursuant to §§ 1-611.05 and 1-611.06. The percentage amount and effective date of those increases shall be the same as for any increase granted under these sections.

(b) For the purposes of this section, the term "across-the-board increase" means a general pay and salary increase of general applicability that applies to a claimant's service or specific pay schedule.

(Mar. 3, 1979, D.C. Law 2-139, § 2341, 25 DCR 5740; Mar. 15, 1990, D.C. Law 8-92, § 2, 37 DCR 778; Apr. 5, 2005, D.C. Law 15-290, § 2(g), 52 DCR 1449; Dec. 15, 2015, D.C. Law 21-39, § 2, 62 DCR 13744.)

Prior Codifications

1981 Ed., § 1-624.41.

1973 Ed., § 1-353.41.

Section References

This section is referenced in § 1-623.33.

Effect of Amendments

D.C. Law 15-290 rewrote the section which had read:

“On or after April 1, 1990, increases in compensation payable due to disability or death shall be in the same percentage amount and shall have the same effective date as any base salary increase granted, pursuant to §§ 1-611.05 and 1-611.06, to employees in the Career and Excepted Services not covered by collective bargaining. To be eligible for the increase, the disability or death of the employee must have occurred at least 1 year prior to the effective date of the increase.”

The 2015 amendment by D.C. Law 21-39 would have rewritten the section.

Applicability

Section 7003 of D.C. Law 21-160 repealed section 3 of D.C. Law 21-39. Therefore the changes made to this section by D.C. Law 21-39 have been given effect.

Applicability of D.C. Law 21-39: § 3 of D.C. Law 21-39 provided that the change made to this section by § 2 of D.C. Law 21-39 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 1–623.42. Employees’ Compensation Fund.

(a)(1) Repealed.

(2) There is established in the District of Columbia government the Employees’ Compensation Fund (“Fund”), which shall consists of sums that the Council of the District of Columbia government or Congress, from time to time, may appropriate for or transfer to it and amounts that otherwise accrue to it under this chapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses incurred to implement the provisions of this chapter.

(3) Repealed.

(b) Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 2342, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(h), 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(e), 46 DCR 2118; Aug. 16, 2008, D.C. Law 17-219, § 1013, 55 DCR 7598; Oct. 8, 2016, D.C. Law 21-160, §§ 1022, 1023, 63 DCR 10775.)

Prior Codifications

1981 Ed., § 1-624.42.

1973 Ed., § 1-353.42.

Effect of Amendments

D.C. Law 17-219 rewrote subsec. (a).

Applicability

Section 1023 of D.C. Law 21-160 provided that the changes made by section 1022 shall apply as of October 1, 2008.

Emergency Legislation

For temporary amendment of section, see § 1702(h) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(h) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary amendment of section, see § 2 of the Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-445, September 8, 1998, 45 DCR 6663), and § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-572, January 12, 1999, 46 DCR 903).

For temporary (90 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification Emergency Amendment Act of 2015 (D.C. Act 21-225, Dec. 17, 2015, 62 DCR 16245).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Temporary Amendment Act of 1998 (D.C. Law 12-239, April 20, 1999, law notification 46 DCR 4152).

For temporary (225 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification TemporaryAmendment Act of 2015 (D.C. Law 21-86, Mar. 9, 2016, 63 DCR 790).

Short Title

Short title: Section 1012 of D.C. Law 17-219 provided that subtitle F of title I of the act may be cited as the “Employee Compensation Fund Allowance and Clarification Amendment Act of 2008”.

§ 1–623.43. Compensation leave.

Any employee who has used leave as a result of a job-related injury or occupational disease or illness approved by the District government may have such leave restored to his or her credit in accordance with rules and regulations established by the Mayor.

§ 1–623.44. Rules and regulations.

The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this subchapter, including rules for modifying an award of compensation and for the conduct of hearings under § 1-623.24. An award may be modified only in accordance with those regulations which shall include the following criteria relating to:

(1) Exchange of information including a claimant’s opportunity to provide medical, vocational, or other information to the Mayor prior to a modification of benefits;

(2) Modification procedures including the manner and content of notices to a claimant concerning a proposed modification;

(3) The procedures for providing additional information concerning a claim, the type of information that may be submitted, and the manner in which all information will be considered;

(4) When a modification may properly be made, and the manner of notice to a claimant of the final decision;

(5) Physical examinations including the weight that shall be given to competing medical reports;

(6) File access including the manner in which a claimant or his or her attorney may request access to the claimant’s file;

(7) Standard of review including the standard applicable to a modification process or appeal under this chapter;

(8) Deadlines and extensions applicable to claimants and the Mayor, which also shall provide that a claimant’s failure to miss a deadline will be excused when good cause is found, a definition of “good cause”, and the procedures for determining whether good cause exists; and

(9) Bases for modification including the legal bases upon which an award of compensation may be modified and the standards to determine whether a claimant’s change of condition would justify the modification.

(Mar. 3, 1979, D.C. Law 2-139, § 2344, 25 DCR 5740; Oct. 3, 2001, D.C. Law 14-28, § 1203(h), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(h), 52 DCR 1449; Apr. 7, 2006, D.C. Law 16-91, § 122, 52 DCR 10637; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(16), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.44.

1973 Ed., § 1-353.44.

Effect of Amendments

D.C. Law 14-28 deleted the second sentence which had read: “The rules and regulations shall provide for an Employees’ Compensation Appeals Board of 3 individuals designated or appointed by the Mayor with authority to hear and, subject to applicable law and the rules and regulations of the Mayor, make final administrative decisions on appeals taken from determinations and awards with respect to claims of employees.”

D.C. Law 15-290 rewrote the section which had read:

“The Mayor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under § 1-623.24. The Mayor may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.”

D.C. Law 16-91, in par. (4), validated a previously made technical correction.

D.C. Law 18-223 substituted “The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this subchapter, including rules for modifying an award of compensation and for the conduct of hearings under § 1-623.24.” for “The Mayor shall promulgate regulations that explain the standards and procedures that govern determinations for the modification of an award of compensation.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(h) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(16) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Delegation of Authority

Delegation of Rulemaking Authority for Matters Within the Jurisdiction of the Office of Risk Management, see Mayor’s Order 2004-198, December 14, 2004 ( 51 DCR 11887).

§ 1–623.45. Career and Educational Services retention rights.

(a) In the event the individual resumes employment with the District government, the entire time during which the employee was receiving compensation under this subchapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.

(b) Under rules and regulations issued by the Mayor the department or agency which was the last employer shall:

(1) Immediately and unconditionally accord the employee the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured or had a disability, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures, provided that the injury or disability has been overcome within two years after the date of commencement of compensation and provision of all necessary medical treatment needed to lessen disability or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District of Columbia government; or

(2) If the injury or disability is overcome within a period of more than 2 years after the date of commencement of payment of compensation or the provision of medical treatment by the Disability Compensation Fund, make all reasonable efforts to place, and accord priority to placing the employee in his or her former or equivalent position within such department or agency, or within any other department or agency.

(c) Nothing in this provision shall exclude the responsibility of the employing agency to re-employ an employee in a full-duty or part-time status.

(Mar. 3, 1979, D.C. Law 2-139, § 2345, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(j), 42 DCR 3684; Oct. 3, 2001, D.C. Law 14-28, § 1203(i), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(i), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(d), 54 DCR 365; Mar. 14, 2007, D.C. Law 16-294, § 2(b), 54 DCR 1086; Apr. 24, 2007, D.C. Law 16-305, § 3(l), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-624.45.

1973 Ed., § 1-353.45.

Effect of Amendments

D.C. Law 14-28, in subsecs. (b)(1) and (2), substituted “1 year” for “2 years”; and, in subsec. (c), substituted “full-duty or part-time status” for “less than full duty status”.

D.C. Law 15-290 rewrote pars. (1) and (2) of subsec. (b) which had read:

“(1) Immediately and unconditionally accord the employee, if the injury or disability has been overcome within 1 year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District of Columbia government, the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured or disabled, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures; and

“(2) If the injury or disability is overcome within a period of more than 1 year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his or her former or equivalent position within such department or agency, or within any other department or agency.”

D.C. Law 16-231, in subsec. (b)(1), inserted “and provision of all necessary medical treatment needed to lessen disability” following “after the date of commencement of compensation”.

D.C. Law 16-294, in subsec. (b)(1), substituted “two years” for “one year”.

D.C. Law 16-305, in subsec. (b)(1), substituted “had a disability” for “disabled”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(i) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Editor's Notes

Section 2(c) of D.C. Law 16-294 provided that this section shall apply as of April 5, 2005.

§ 1–623.46. Transfer of authority.

In accordance with § 1-202.04(e), the disability compensation functions previously exercised by the United States Secretary of Labor relating to the processing of claims by injured employees of the District of Columbia are transferred to the Mayor on the date that this chapter becomes effective as provided in § 1-636.02.

§ 1–623.47. Modified work program.

(a) On a monitored, progressive basis, the Mayor may direct employees with temporary or partial disabilities to participate in a modified work program designed to provide consistent and appropriate assistance to employees to return to work quickly and safely.

(b) Agencies shall provide employees who sustain an injury during the course of their employment with a modified duty assignment, if available.

(c) The modified duty assignment shall be temporary. The modified duty assignment may have a minimum duration of 2 basic nonovertime workdays, as that term is defined in § 1-612.01, and a maximum duration of 180 days (assigned in 90-day increments) in any 12-month period. For those employees whose basic nonovertime workday may exceed 8 hours such as police officers or firefighters, the basic nonovertime workday shall be the shift, or tour of duty, worked on a regularly recurring basis for the 3 months immediately preceding the injury.

(d) An employee who is able to perform the duties of his or her pre-injury position during the modified duty assignment period shall be entitled to receive compensation at the same rate of pay as received prior to the injury.

(e) An employee who is not able to perform the full scope of duties of his or her pre-injury position shall receive a modified rate of compensation closest to the rate prior to the injury, without exceeding it. A partial disability benefit shall be applied if appropriate, at the rate of 66/23% difference between the pre-disability rate and the modified duty rate.

(f) The pre-injury rate of pay shall not be exceeded during the modified duty assignment.

(g) The District of Columbia government shall attempt to place injured employees within their pre-injury agency, or within another agency when modified work assignments are not available within the pre-injury agency.

(h) Employees shall have the appropriate medical release from their treating physician to perform modified duty. The essential job functions of the modified work assignment shall be clearly described. The medical release shall include any specified restrictions and their anticipated duration.

(i) Employees with disabilities who are offered a modified duty assignment and elect not to accept the modified duty assignment shall forfeit any further disability compensation benefits.

(j) The employee shall be given written notice of the available temporary modified duty assignment.

(Mar. 3, 1979, D.C. Law 2-139, § 2347; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(j), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 5, 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(17), 57 DCR 6242.)

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “employees with temporary or partial disabilities” for “temporarily or partially disabled employees”; and in subsec. (i), substituted “Employees with disabilities” for “Disabled employees”.

D.C. Law 18-223, in subsec. (c), substituted “180 days (assigned in 90-day increments) in any 12-month period” for “90 calendar days”; and added subsec. (j).

Cross References

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

Emergency Legislation

For temporary (90 day) addition of section, see § 1103(j) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(17) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Subchapter XXIV. Reductions-in-Force.

§ 1–624.01. Policy.

The Mayor and the District of Columbia Board of Education shall issue rules and regulations establishing a procedure for the orderly furloughing of employees or termination of employees, taking full account of nondiscrimination provisions and appointments objectives of this chapter. Each agency shall be considered a competitive area for reduction-in-force purposes. A personnel authority may establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency’s mission or a division or major subdivision of an agency. When as a result of a reorganization order a function is transferred from 1 District agency to another District agency, the procedures for transferring the employees identified with the continuing function shall be negotiated with the recognized labor organization.

(Mar. 3, 1979, D.C. Law 2-139, § 2401, 25 DCR 5740; Sept. 26, 1980, D.C. Law 3-109, § 4(b), 27 DCR 3785; Mar. 5, 1996, D.C. Law 11-98, § 201(a), 43 DCR 5; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(a); Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(a); June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.1.

1973 Ed., § 1-354.1.

Emergency Legislation

Editor's Notes

Limitations on total number of positions: Section 3 of D.C. Law 9-47 provided that at no time shall the total number of positions, outside existing collective bargaining units, at grades 11 and above on the District Service Schedule and at equivalent levels in other salary or pay schedules, exceed the number of such positions in an agency on July 1, 1991, minus the number of positions abolished by the agency pursuant to this act.

Reduction in workforce: Section 1405 of D.C. Law 11-52 provided for the elimination of at least 1,200 additional specific funded positions prior to September 30, 1995, through early retirement, a voluntary severance incentive program, and a reduction in force.

Applicability of § 101(x) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Mayor's Orders

Furloughing of Employees During Fiscal Year 2011, see Mayor’s Order 2011-44, February 18, 2011 ( 58 DCR 1497).

§ 1–624.02. Procedures.

(a) Reduction-in-force procedures shall apply to the Career and Educational Services, except those persons separated pursuant to § 1-608.01a(b)(2), and to persons appointed to the Excepted and Legal Services as attorneys and shall include:

(1) A prescribed order of separation based on tenure of appointment, length of service including creditable federal and military service, District residency, veterans preference, and relative work performance;

(2) One round of lateral competition limited to positions within the employee’s competitive level;

(3) Priority reemployment consideration for employees separated;

(4) Consideration of job sharing and reduced hours; and

(5) Employee appeal rights.

(b)(1) For purposes of this subchapter, a veterans preference eligibility will be defined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management;

(2) Creditable service in determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes;

(3) Performance ratings documented and approved which recognize outstanding performance shall serve to increase the employee’s service for reduction-in-force purposes by 4 years during the period the outstanding rating is in effect. Performance ratings may not be changed subsequent to the establishment of retention registers and issuance of reduction-in-force notices; and

(4) Employees serving on temporary limited appointments or having unacceptable performance ratings are not entitled to compete for retention.

(c) For purposes of this subchapter, each employee who is a bona fide resident of the District of Columbia shall have 3 years added to his or her creditable service for reduction-in-force purposes. For purposes of this subsection only, a nonresident District employee who was hired by the District government prior to January 1, 1980, and has not had a break in service since that date, or a former employee of the United States Department of Health and Human Services at Saint Elizabeths Hospital who accepted employment with the District government effective October 1, 1987, and has not had a break in service since that date, shall be considered a District resident.

(d) A reduction-in-force action may not be taken until the employee has been afforded at least 15 days advance notice of such an action. The notification required by this subsection must be in writing and must include information pertaining to the employee’s retention standing and appeal rights.

(e) Notwithstanding any other provision of law, the Board of Education shall not require or permit non-school-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.

(Mar. 3, 1979, D.C. Law 2-139, § 2402, 25 DCR 5740; Apr. 25, 1984, D.C. Law 5-79, § 2, 31 DCR 1230; Sept. 26, 1995, D.C. Law 11-52, § 1001(c), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(c), 43 DCR 5; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(3); Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(3); June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(i), 46 DCR 1318; Mar. 20, 2008, D.C. Law 17-122, § 2(e), 55 DCR 1506.)

Prior Codifications

1981 Ed., § 1-625.2.

1973 Ed., § 1-354.2.

Section References

This section is referenced in § 1-613.52 and § 1-624.08.

Effect of Amendments

D.C. Law 17-122, in subsec. (a), substituted “Educational Service, except those persons separated pursuant to § 1-608.01a(b)(2), and” for “Educational Service and”.

Emergency Legislation

For temporary amendment of section, see § 2(i) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 2(e) of Public Education Personnel Reform Emergency Amendment Act of 2008 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment of section, see § 2 of District Residency RIF Protection Emergency Amendment Act of 2009 (D.C. Act 18-172, July 31, 2009, 56 DCR 6634).

For temporary (90 day) amendment of section, see § 2 of District Residency RIF Protection Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-228, October 27, 2009, 56 DCR 8705).

Temporary Legislation

Section 2 of D.C. Law 18-84, in subsec. (c), substituted “shall have 6 years added” for “shall have 3 years added”.

Section 4(b) of D.C. Law 18-84 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Furloughing of employees: See Mayor’s Memorandum 89-10, February 17, 1989.

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

Section 2(b) of D.C. Law 13-131 provided:

“Sec. 2. Sections 1351(2) and 1352(3) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 are amended as follows:”

“(b) Section 1352(3) is amended to read as follows:

“ ‘(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of section 2402(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of section 2402(b)(4);’.”

§ 1–624.03. Responsibility.

The appropriate personnel authority shall be responsible for making a final determination that a reduction in force is necessary and for ensuring that the provisions of this subchapter and rules and regulations issued pursuant to this subchapter are applied when effecting a reduction-in-force within their respective agency.

§ 1–624.04. Appeals.

An employee who has received a specific notice that he or she has been identified for separation from his or her position through a reduction-in-force action may file an appeal with the Office of Employee Appeals if he or she believes that his or her agency has incorrectly applied the provisions of this subchapter or the rules and regulations issued pursuant to this subchapter. An appeal must be filed no later than 30 calendar days after the effective date of the action. The filing of an appeal shall not serve to delay the effective date of the action.

§ 1–624.05. [Reserved].

§ 1–624.06. Abolishment of positions for Fiscal Year 1996. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 2406; as added Jan. 26, 1996, D.C. Law 11-78, § 401(b), 42 DCR 6181; Mar. 5, 1996, D.C. Law 11-98, § 201(b), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 501, 43 DCR 2978; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(b); June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.6.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Pub. L. 105-277, Div. C, Title I, § 134, Oct. 21, 1998, 112 Stat. 2681-596, provided: “Sec. 134. Notwithstanding any other law, sections 101(d), (k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

§ 1–624.07. Abolishment of positions for Fiscal Year 1997. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-139, § 2407; as added Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(b); Apr. 9, 1997, D.C. Law 11-200 § 2, 43 DCR 5427; Apr. 9, 1997, D.C. Law 11-255, § 57, 44 DCR 1271; June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.5.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

D.C. Law 12-124, Title IV, § 401(a), as amended by D.C. Law 12-264, § 60 ( 46 DCR 2118), eff. April 20, 1999, provided:

“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

§ 1–624.08. Abolishment of positions for fiscal year 2000 and subsequent fiscal years.

(a) Notwithstanding any other provision of law, regulation, or collective bargaining agreement either in effect or to be negotiated while this legislation is in effect for the fiscal year ending September 30, 2000, and each subsequent fiscal year, each agency head is authorized, within the agency head’s discretion, to identify positions for abolishment.

(b) Prior to February 1 of each fiscal year, each personnel authority (other than a personnel authority of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997) shall make a final determination that a position within the personnel authority is to be abolished.

(c) Notwithstanding any rights or procedures established by any other provision of this subchapter, any District government employee, regardless of date of hire, who encumbers a position identified for abolishment shall be separated without competition or assignment rights, except as provided in this section.

(d) An employee affected by the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for retention, shall be entitled to one round of lateral competition pursuant to Chapter 24 of the District of Columbia Personnel Manual, which shall be limited to positions in the employee’s competitive level.

(e) Each employee selected for separation pursuant to this section shall be given written notice of at least 30 days before the effective date of his or her separation.

(f) Neither the establishment of a competitive area smaller than an agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this section shall be subject to review except that:

(1) An employee may file a complaint contesting a determination or a separation pursuant to subchapter XV of this chapter or § 2-1403.03; and

(2) An employee may file with the Office of Employee Appeals an appeal contesting that the separation procedures of subsections (d) and (e) were not properly applied.

(g) An employee separated pursuant to this section shall be entitled to severance pay in accordance with subchapter XI of this chapter, except that the following shall be included in computing creditable service for severance pay for employees separated pursuant to this section:

(1) Four years for an employee who qualified for veterans preference under this chapter, and

(2) Three years for an employee who qualified for residency preference under this chapter.

(h) Separation pursuant to this section shall not affect an employee’s rights under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to Chapter 24 of the District Personnel Manual.

(i) With respect to agencies which are not subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the Mayor shall submit to the Council a listing of all positions to be abolished by agency and responsibility center by March 1 of each fiscal year or upon the delivery of termination notices to individual employees.

(j) Notwithstanding the provisions of § 1-617.08 or § 1-624.02(d), the provisions of this chapter shall not be deemed negotiable.

(k) A personnel authority shall cause a 30-day termination notice to be served, no later than September 1 of each fiscal year, on any incumbent employee remaining in any position identified to be abolished pursuant to subsection (b) of this section.

(l) In the case of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the authority provided by this section shall be exercised to carry out the agency’s management reform plan, and this section shall otherwise be implemented solely in a manner consistent with such plan.

(Mar. 3, 1979, D.C. Law 2-139, § 2408; as added Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(d); Oct. 21, 1998, 112 Stat. 2681-144, Pub. L. 105-277, § 144(b); Nov. 29, 1999, 113 Stat. 1522, Pub. L. 106-113, § 140(b); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 129(b); Apr. 12, 2000, D.C. Law 13-91, § 107, 47 DCR 520; Apr. 7, 2006, D.C. Law 16-91, § 123, 52 DCR 10637.)

Prior Codifications

1981 Ed., § 1-625.7.

Section References

This section is referenced in § 7-1402.

Effect of Amendments

Public Law 106-113, in subsecs. (a), (b), (i), and (k), substituted “2000” for “1999”.

Public Law 106-522, in subsec. (a), substituted “September 30, 2000, and each subsequent fiscal year” for “September 30, 2000,”; in subsec. (b), substituted “February 1 of each year” for “February 1, 2000”; in subsec. (i), substituted “March 1 of each year” for “March 1, 2000”; and in subsec. (k), substituted “September 1 of each year” for “September 1, 2000”.

D.C. Law 13-91 validated a previously made technical amendment in the heading.

D.C. Law 16-91, in the section heading and par. (b), validated previously made technical corrections.

Emergency Legislation

For temporary (90 day) addition, see § 2 of District of Columbia Public Schools Teacher Reinstatement Emergency Act of 2010 (D.C. Act 18-425, May 26, 2010, 57 DCR 4773).

For temporary (90 day) addition of section, see § 2 of District of Columbia Public Schools Teacher Reinstatement Congressional Review Emergency Act of 2010 (D.C. Act 18-456, July 7, 2010, 57 DCR 6050).

Temporary Legislation

Section 2 of D.C. Law 18-216 required the Office of the Chief Financial Officer to submit to the Council a written determination on whether the District of Columbia Public Schools had a surplus in its fiscal year 2010 budget and if certain conditions were met, to require the District of Columbia Public Schools to take other actions.

Section 4(b) of D.C. Law 18-216 provides that the act shall expire after 225 days of its having taken effect.

References in Text

Subtitle B of Title XI of the Balanced Budget Act of 1997 is subtitle B of Title XI of Pub. L. 105-33, 111 Stat. 731.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that: “Nothing in this act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 712), except that section 11105(b)(3) of the Act is expressly superseded. Further, nothing in this act shall be construed as superseding the provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 97, D.C. Code § 47-391.01 et seq.) or of section 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).”

§ 1–624.09. Severance pay.

(a) An employee separated pursuant to this subchapter shall be entitled to severance pay in accordance with subchapter XI of this chapter, except as provided in this section.

(b) Additional service credit shall be applied as follows:

(1) Four years for an employee who qualifies for veterans preference; and

(2) Three years for an employee who qualifies for District residency preference.

(c) The total severance pay received over an employee’s career in the District government shall not exceed 26 weeks of pay at the rate received immediately before separation.

(Mar. 3, 1979, D.C. Law 2-139, § 2409; as added June 10, 1998, D.C. Law 12-124, § 101(x)(3), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, §§ 108(c), 109(e), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-625.8.

Section References

This section is referenced in § 1-608.01a and § 1-609.58.

Effect of Amendments

D.C. Law 13-91 designated the former introductory paragraph as subsec. (a), and redesignated former par. (1) as subsec. (b), former subpar. (1)(A) as par. (b)(1), former subpar. (1)(B) as par. (b)(2), and former par. (2) as subsec. (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of the Mental Retardation and Developmental Disabilities Administration Voluntary Severance Incentive Plan Emergency Act of 2000 (D.C. Act 13-548, January 11, 2001, 48 DCR 774).

Editor's Notes

Construction of Law

Construction of Law 12-124

Subchapter XXIV-A. Transition Benefits for Displaced Employees.

§ 1–624.21. Outplacement services for displaced employees in Fiscal Year 1996.

The outplacement services provided by the Mayor to employees displaced during Fiscal Year 1996 shall include provisions for the following:

(1) Counseling services for stress and finance management;

(2) Access to automated job information services;

(3) Job fairs;

(4) Coordination of training and job banks with the D.C. Chamber of Commerce, Business Coalition, and labor organizations;

(5) Consulting with regional governments concerning job vacancies and job banks;

(6) Workshops on writing resumes; and

(7) Access to facsimile and copying machines, computers, typewriters, and telephones where local calls can be made to prospective employers.

§ 1–624.22. Transition benefits for displaced employees in Fiscal Year 1996.

(a) This section shall apply only to employees displaced as a result of a reduction-in-force in Fiscal Year 1996.

(b) Any employee who is displaced as a result of the reduction-in-force procedure in Fiscal Year 1996 may be eligible for, to the extent there are Fiscal Year 1996 appropriations, the following:

(1) Continuation of health insurance benefits and premium contribution at the same rate as the employee had been subsidized by the District while an active employee for 2 months after separation or upon the commencement of new employment, whichever occurs first;

(2) Child care vouchers in the amount of $75 per week payable to a licensed day care provider for each week the displaced employee is certified to be unemployed for the 6-month period following separation or through the end of the first week when the displaced employee is no longer unemployed, whichever occurs first; and

(3) Tuition assistance to attend any vocational training or GED program not to exceed one-half the yearly cost for any full-time District resident student at UDC.

(1) The displaced employee must be a bona fide District resident at the time of separation and must have filed a District of Columbia income tax return in the 2 years prior to separation;

(2) The continued coverage under subsection (b)(1) and (2) of this section for District employees enrolled in the Federal Employee Health Benefits Plan and Federal Employees Group Life Insurance Plan are subject to the federal regulations governing these benefits;

(3) The employee must not have been the recipient of the early out or easy out retirement incentive or voluntary severance incentive programs in Fiscal Year 1996;

(4) The limit of the Fiscal Year 1996 appropriations for this program;

(5) The employee cannot have been offered a position with a contractor for government services under § 2-352.05, and refused such offer of employment;

(6) Nothing in subsection (b) of this section shall be construed as an entitlement to any benefits; and

(7) No benefits set forth in subsection (b) of this section shall be available in any future Fiscal Year without additional appropriations for those benefits.

§ 1–624.23. Administration of subchapter.

The Department of Employment Services shall have responsibility for the administration of this subchapter.

§ 1–624.24. Reports.

The Department of Employment Services shall submit quarterly reports, until January 1, 1997, on the effectiveness of outplacement services.

Subchapter XXV. Political Rights of Employees.

§ 1–625.01. Hatch Act retention.

The provisions of subchapter III of Chapter 73 of Title 5 of the United States Code, affecting political activities of employees of the District of Columbia, shall remain effective.

(Mar. 3, 1979, D.C. Law 2-139, § 2512, 25 DCR 5740; renumbered § 2501, Aug. 1, 1979, D.C. Law 3-14, § 2(c), 25 DCR 10565.)

Prior Codifications

1981 Ed., § 1-626.1.

1973 Ed., § 1-355.1.

Section References

This section is referenced in § 1-636.02.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 18-335, § 8, see § 2(h) of the Prohibition on Government Employee Engagement in Political Activity Emergency Amendment Act of 2013 (D.C. Act 20-25, March 7, 2013, 60 DCR 3986, 20 DCSTAT 485).

Temporary Legislation

For temporary (225 days) amendment of D.C. Law 18-335, § 8, see § 2(h) of the Prohibition on Government Employee Engagement in Political Activity Temporary Amendment Act of 2013 (D.C. Law 20-4, May 18, 2013, 60 DCR 4624, 20 DCSTAT 1268).

Editor's Notes

Section 8(a) of D.C. Law 18-335, codified as § 1-1171.01(a), provided that Law 18-18-335 shall apply upon enactment by the Congress of an act excluding the District of Columbia from coverage of 5 U.S.C. §§ 7321 through 7326 (Hatch Act).

Section 8(b) of D.C. Law 18-335 codified as § 1-1171.01(b), provided that this act shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.

Congress enacted and the President signed Public Law 112-230 on December 28, 2012, excluding the District of Columbia from the coverage of 5 U.S.C. §§ 7321 through 7326 (Hatch Act).

§ 1–625.02. Protection of political rights of classroom teachers.

No provision of this subchapter shall be construed to limit the rights of classroom teachers to freely express political opinions.

Subchapter XXVI. Retirement.

§ 1–626.01. Policy.

(a) It is the purpose of this subchapter to establish a financially sound and equitable program of employee retirement benefits. With respect to retirement systems, the Council recognizes that existing programs, including the program administered by the federal government, are not now financed on an actuarially sound basis. Furthermore, the rights and benefits conferred by these systems and the financial implications for participation by employees vary significantly among systems.

(b) The responsibility for creating an actuarially sound financial plan for existing retirement systems cannot and should not be borne solely by the District government. The Council therefore fully endorses the proposition that the federal government must assist the District government in establishing and maintain the necessary financial base for all existing retirement systems.

(Mar. 3, 1979, D.C. Law 2-139, § 2601, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-627.1.

1973 Ed., § 1-356.1.

Emergency Legislation

For early out and easy out retirement incentive programs during Fiscal Year 2000, see §§ 2 and 3 of the Retirement Incentive Emergency Act of 1999 (D.C. Act 13-349, June 5, 2000, 47 DCR 5014).

For temporary (90 day) amendment of section, see § 2 of the Snow and Ice Control Program Emergency Act of 2000 (D.C. Act 13-475, November 22, 2000, 47 DCR 9649).

For temporary (90 day) addition, see § 4 of Public Education Personnel Reform Emergency Amendment Act of 2008 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).