reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter II - Coverage; Status of Present Employees; Retention of Existing Personnel Rights and Benefits › § 1–602.05. Development of new personnel system

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 205, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-602.5.
1973 Ed., § 1-332.5.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter II - Coverage; Status of Present Employees; Retention of Existing Personnel Rights and Benefits › § 1–602.06. Supersession provisions; effectiveness of collective bargaining on compensation matters

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 206, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-602.6.
1973 Ed., § 1-332.6.
Section References
This section is referenced in § 1-617.17.
Cross References
Merit system, effective date provisions, see § 1-636.02.
Organization for personnel management, rules and regulations, see § 1-604.04.
Rent stabilization program, rent administrator, qualifications and compensation, see § 42-3502.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IV - Organization for Personnel Management › § 1–604.01. Policy

§ 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IV - Organization for Personnel Management › § 1–604.02a. Pathway to government employment partnership program

§ 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
.).
(Mar. 3, 1979, D.C. Law 2-139, § 402a; as added Feb. 22, 2019, D.C. Law 22-211, § 2(b), 65 DCR 12603.)
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 creation 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 creation of this section by § 2(b) 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 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).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IV - Organization for Personnel Management › § 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

§ 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IV - Organization for Personnel Management › § 1–604.05. Issuance of rules and regulations

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 405, 25 DCR 5740; Oct. 1, 1987, D.C. Law 7-27, § 2(b), 34 DCR 5079; June 10, 1998, D.C. Law 12-124, § 101(b), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-604.5.
1973 Ed., § 1-334.5.
Section References
This section is referenced in § 1-611.08.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IV - Organization for Personnel Management › § 1–604.08. Oath of office

§ 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter V - Public Employee Relations Board › § 1–605.03. Transition procedures

§ 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).
(Mar. 3, 1979, D.C. Law 2-139, § 503, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(d), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-605.3.
1973 Ed., § 1-335.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter V - Public Employee Relations Board › § 1–605.04. Publication of decisions

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 504, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-605.4.
1973 Ed., § 1-335.4.
Cross References
Election campaigns, conflict of interest, disclosure, see § 1-1106.02.
Employee deferred compensation programs, collective bargaining agreements, review, see § 47-3601.
Merit system, abolishment of positions for fiscal year 2000, see § 1-624.08.
Merit system, educational service, rules and regulations, see § 1-608.01a.
Merit system, effective date provisions, see § 1-636.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.02. Authority; duties of the Office

§ 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.05. Authority of Council to issue rules mandated by § 1-606.04(a)

§ 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).
(Oct. 24, 1981, D.C. Law 4-48, § 6, 28 DCR 4276; Apr. 30, 1988, D.C. Law 7-104, § 31, 35 DCR 147.)
Prior Codifications
1981 Ed., § 1-606.5.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.06. Mediation and settlement

§ 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.”
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.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.07. Arbitration

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 606; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; Apr. 12, 2000. D.C. Law 13-91, § 105, 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-606.7.
Effect of Amendments
D.C. Law 13-91, in subsec. (c), in the second sentence, substituted “§ 1-617.52(d)” for “§ 1-617.3(d)”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.08. Attorney fees

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 607; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093; June 28, 2002, D.C. Law 14-166, § 2, 49 DCR 4471.)
Prior Codifications
1981 Ed., § 1-606.8.
Effect of Amendments
D.C. Law 14-166 designated subsec. (a) and added subsec. (b).
Editor's Notes
Pursuant to its own terms, subsection (b) expired one year after June 28, 2002.
Section 7034 of D.C. Law 17-219 repealed section 3 of D.C. Law 14-166.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.09. Enforcement of order

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 608; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)
Prior Codifications
1981 Ed., § 1-606.9.
Section References
This section is referenced in § 1-606.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.10. Public hearings

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 609; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)
Prior Codifications
1981 Ed., § 1-606.10.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VI - Office of Employee Appeals › § 1–606.11. Rules

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 610; as added May 15, 1990, D.C. Law 8-127, § 2(e), 37 DCR 2093.)
Prior Codifications
1981 Ed., § 1-606.11.
Cross References
Merit system, educational service, rules and regulations, see § 1-608.01a.
Merit system, effective date provisions, see § 1-636.02.
Merit system, organization for personnel management, rules and regulations, see § 1-604.04.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.01. Affirmative action; exercise of religion

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 701, 25 DCR 5740; Mar. 2, 1991, D.C. Law 8-193, § 2, 37 DCR 6728; Apr. 1, 2017, D.C. Law 21-232, § 2(e), 64 DCR 876.)
Prior Codifications
1981 Ed., § 1-607.1.
1973 Ed., § 1-337.1.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(e) 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(e) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.02. Special provisions for persons with physical or developmental disabilities

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 702, 25 DCR 5740; Apr. 24, 2007, D.C. Law 16-305, § 3(b)(2)-(4), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 1-607.2.
1973 Ed., § 1-337.2.
Effect of Amendments
D.C. Law 16-305 substituted “persons with physical or developmental disabilities” for “persons with physical handicaps of developmental disabilities” and “Persons with physical or developmental disabilities” for “Physically handicapped or developmentally disabled person”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.04. Employee selection procedures — Statement of purpose

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 704, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-607.4.
1973 Ed., § 1-337.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.05. Employee selection procedures — Relation to job required

§ 1–607.05. Employee selection procedures — Relation to job required.
The selection procedures utilized shall be job related to minimize or eliminate discrimination.
(Mar. 3, 1979, D.C. Law 2-139, § 705, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-607.5.
1973 Ed., § 1-337.5.
Section References
This section is referenced in § 1-607.06.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.06. Employee selection procedures — Evidence of validity

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 706, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-607.6.
1973 Ed., § 1-337.6.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.07. Sex discrimination in benefit programs

§ 1–607.07. Sex discrimination in benefit programs.
No benefit program shall be denied to any District employee on account of sex.
(Mar. 3, 1979, D.C. Law 2-139, § 707, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-607.7.
1973 Ed., § 1-337.7.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII - Equal Employment Opportunity › § 1–607.08. Specific standards authorized

§ 1–607.08. Specific standards authorized.
Specific standards to carry out the purposes of this subchapter shall be adopted by the Mayor.
(Mar. 3, 1979, D.C. Law 2-139, § 708, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-607.8.
1973 Ed., § 1-337.8.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII-A - Residency Requirement. [Repealed] › § 1–607.51. 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VII-B - Transgender and Non-Binary Employment Study › § 1–607.61. Definitions

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 760 [761]; as added Dec. 3, 2020, D.C. Law 23-149, § 2122, 67 DCR 10493.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.58. Pay parity for attorneys

§ 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.59. Residency

§ 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).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.60. Reporting

§ 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.
(Mar. 3, 1979, D.C. Law 2-139, § 860; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(f), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-609.60.
Effect of Amendments
D.C. Law 13-91 redesignated former subsecs. (a) to (e) as subsecs. (1) to (5), respectively.
Emergency Legislation
For temporary addition of subchapter, see note to § 1-608.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.61. Rulemaking

§ 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) 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).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.65. Budgeting

§ 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) 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.
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).