DC Code § 1-604.06 (2021)
2021 District of Columbia Code|Title 1 - Government Organization|Chapter 6 - Merit Personnel System|Subchapter IV - Organization for Personnel Management|§ 1-604.06. Personnel authority

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (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 employees of the Criminal Code Reform Commission, the personnel authority is 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.  (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; Aug. 23, 2021, D.C. Act 24-159, § 2033, 68 DCR 008602.)  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 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 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 § 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 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).