2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 5 - Salaries › Subchapter III - Salary Classifications › Part C - Method of Appointment, Advancement, Promotion, and Demotion › § 5–543.05. Demotion

§ 5–543.05. Demotion.
Whenever any officer or member of the Metropolitan Police force, including, notwithstanding any other law or regulation, any employee appointed pursuant to § 1-610.72, the Fire Department of the District of Columbia, or the United States Park Police force is changed or demoted from any class to a lower class, the Mayor of the District of Columbia, or the Secretary of the Interior, as the case may be, may, in his discretion, in changing or demoting such officer or member, fix his rate of compensation at any rate provided for the class to which he is changed or demoted which does not exceed his existing rate of compensation, except that if his existing rate falls between 2 step rates provided in such lower class, he may receive the higher of such rates.
(Aug. 1, 1958, 72 Stat. 484, Pub. L. 85-584, title III, § 305; Aug. 29, 1972, 86 Stat. 638, Pub. L. 92-410, title I, § 109; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 4, 2000, D.C. Law § 13-160, § 103(g), 47 DCR 4619; Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(F).)
Prior Codifications
1981 Ed., § 4-414.
1973 Ed., § 4-831.
Section References
This section is referenced in § 5-545.06 and § 5-545.06a.
Effect of Amendments
D.C. Law 13-160, after “Whenever any officer or member of the Metropolitan Police force” added “including, notwithstanding any other law or regulation, any employee appointed pursuant to § 1-611.72”.
Pub. L. 111-282 deleted “’the United States Secret Service Uniformed Division,’ following ”the Fire Department of the District of Columbia,“, and deleted ‘or the Secretary of the Treasury,’ following ”Mayor of the District of Columbia,“.
Temporary Legislation
For temporary (225 day) amendment of section, see § 3(f) 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) amendment of section, see § 3(f) 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).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.