In suits commenced after June 20, 1874, against the District of Columbia, process may be served on the Mayor of the District of Columbia, until otherwise provided by law.
§ 2–402. Settlement of claims and suits against District.
(a) The Mayor of the District of Columbia is empowered to settle, in his discretion, claims and suits, either at law or in equity, against the District of Columbia whenever the cause of action:
(1) Arises out of the negligence or wrongful act, either of commission or omission, of any officer or employee of the District of Columbia for whose negligence or acts the District of Columbia, if a private individual, would be liable prima facie to respond in damages, irrespective of whether such negligence occurred or such acts were done in the performance of a municipal or a governmental function of said District; provided, however, that nothing herein contained shall be construed as depriving the District of Columbia of any defense it may have to any suit, either at law or in equity, which may be instituted against it or to give any person, corporation, partnership, or association any right to institute any suit against the District of Columbia which did not exist prior to June 5, 1930; or
(2) Arises out of the existence of facts and circumstances which place the claim or suit within the doctrines and principles of law decided by the courts in the District of Columbia or by the Supreme Court of the United States to be controlling in the District of Columbia.
(3)(A) In any case, claim, or suit, either at law or in equity, which the Mayor of the District of Columbia is empowered to settle, the payment for such settlement or judgment shall come from the current fiscal year operating budget of the agency or office named in the suit; provided that:
(i) The settlement or judgment is less than $10,000; and
(ii) The case was originally filed not more than 2 years before the settlement or judgment.
(B) The Mayor may waive this requirement on a case-by-case basis for good cause shown.
(b)(1)(A) The District shall not enter into or execute any settlement agreement related to a contract disapproved by the Council pursuant to § 1-204.51 while the details of the disapproved contract are the subject of an active investigation by the Council, the Office of the District of Columbia Auditor, the Office of the Inspector General, or the United States Attorneys’ Office and, unless otherwise authorized under paragraph (2) of this subsection, until 90 days following the completion of the investigation.
(B) The Office of the Chief Financial Officer, the District of Columbia Housing Authority, or any other District agency or authority shall not:
(i) Approve payment or disburse payment related to a contract disapproved by the Council pursuant to § 1-204.51 while the details of the disapproved contract are the subject of an active investigation by the Council, the Office of the District of Columbia Auditor, the Office of the Inspector General, or the United States Attorneys’ Office and, unless otherwise authorized under paragraph (2) of this subsection, until 90 days following the completion of the investigation; or
(ii) Approve payment or disburse payment related to a settlement agreement executed in violation of subparagraph (A) of this subsection.
(2) The Council, by act approved by 2/3rds of its members, may authorize payment otherwise prohibited by paragraph (1) of this subsection within the 90 days following the completion of an investigation.
§ 2–403. Refund where assessments held void.
(a) The Mayor of the District of Columbia is hereby authorized and empowered to grant relief in claims for refund of taxes paid, or for cancelation of assessments heretofore made and subsequent to September 1, 1916, in such cases where like assessments, or assessments against property of similar character, have been held to be void or erroneous by decision of the courts in the District of Columbia or the Supreme Court of the United States: Provided, that any claims for refunds of taxes paid before February 11, 1929, or for cancellations of assessments before February 11, 1929, shall be filed within 1 year from February 11, 1929.
(b) Nothing contained in §§ 2-402 to 2-405 shall be construed as reducing the period of the statute of limitations.
§ 2–404. Report to Congress; appropriations.
All settlements entered into by the Mayor of the District of Columbia acting under the terms and provisions of §§ 2-402 to 2-405 shall be presented to the Congress, together with a brief statement of the nature of the claim or suit, the amount claimed, and the amount of the settlement, with a summary of the evidence and circumstances under which the settlement was made. Appropriations for the payment of such settlements are hereby authorized, payment thereof to be made in the same manner as are other expenditures for the District of Columbia.
§ 2–405. Effective date.
Sections 2-402 to 2-405 shall take effect from and after February 11, 1929, but nothing herein contained shall be construed as prohibiting the Mayor of the District of Columbia from proceeding according to the terms and provisions hereof to settle any claim or suit pending on February 11, 1929, irrespective of the date of presentation of the claim to the Mayor of the District of Columbia or the date of the filing of the suit.
§ 2–406. Compromise of claim or suit.
Upon a report by the Corporation Counsel of the District of Columbia showing in detail the just and true amount and condition of any claim or suit which the District of Columbia may on July 31, 1951, or thereafter have against any person, firm, association, or corporation, and the terms upon which the same may be compromised, and stating that in his opinion a compromise of such claim or suit would be for the best interest of the District of Columbia, the Mayor of the District of Columbia hereby is authorized to compromise such claim or suit accordingly: Provided, that this section shall not apply to claims or suits for taxes or special assessments.
§ 2–407. Damage to personal property of District employee incident to service. [Repealed]
