reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVII - Temporary Assignment of District Employees › § 1–627.01. Policy

§ 1–627.01. Policy.
(a) The District government recognizes that intergovernmental and private sector cooperation are essential factors in resolving problems affecting the District and that the temporary assignment of personnel between and among governmental agencies, at the same or different levels of government, private sector organizations, and institutions of higher education, is a significant factor in achieving such cooperation.
(b) Any agency is authorized to participate in a program of personnel interchange with private sector organizations, institutions of higher education, or agencies of federal, state, and local governments; provided, however, that the period of original assignment cannot exceed 2 years, but with the concurrence of the agencies or organizations and the employee involved, the assignment period may be extended in increments of one year.
(Mar. 3, 1979, D.C. Law 2-139, § 2701, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(a), 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-628.1.
1973 Ed., § 1-357.1.
Section References
This section is referenced in § 1-627.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVII - Temporary Assignment of District Employees › § 1–627.02. Status of District employees while on assignment

§ 1–627.02. Status of District employees while on assignment.
(a) Any employee of a District agency participating in an exchange of personnel as authorized in § 1-627.01 may be considered, during such participation, to be:
(1) On detail to regular work assignments of the receiving agency or organization; or
(2) In a status of leave of absence from his or her position in the sending agency.
(b) Any employee who is on detail is entitled to the same salary and benefits to which he or she would otherwise be entitled and shall remain an employee of the sending agency for all other purposes except that the supervision of duties during the period of detail may be governed by agreement between the sending agency and the receiving agency or organization.
(c) An employee who is on a leave of absence is entitled to at least the same salary and benefits to which he or she would otherwise be entitled. The salary and benefits shall be paid by the receiving agency or organization except as otherwise agreed between the sending and the receiving agencies or organizations.
(d) The receiving agency or organization may grant annual leave or other time off with compensation to the extent authorized by law applicable to the sending agency.
(e) Except as otherwise provided in this chapter, an employee who is on a status of leave of absence has the same rights, benefits and obligations as any other employee of the sending agency who is on a leave of absence status for any other purpose.
(f) Any employee who participates in a temporary assignment under this subchapter and who suffers disability or death as a result of personal injury arising out of and in the course of the assignment, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the District’s disability compensation program, as an employee who has sustained such injury in the performance of such duty, but shall not receive disability or injury benefits under that program for any period for which he or she is entitled to and elects to receive similar benefits under the employee compensation of the receiving agency or organization.
(Mar. 3, 1979, D.C. Law 2-139, § 2702, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(b), 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-628.2.
1973 Ed., § 1-357.2.
Section References
This section is referenced in § 2-1911.
Cross References
Office of Interpreter Services, assignment of interpreters to another agency, see § 2-1911.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVII - Temporary Assignment of District Employees › § 1–627.03. Status of employees of other governments or organizations

§ 1–627.03. Status of employees of other governments or organizations.
(a) When any agency of the District acts as a receiving agency, employees of the sending agency or organization who are assigned under authority of this subchapter may:
(1) Be given appointments in the receiving agency covering the periods of such assignments with compensation to be paid from the receiving agency funds or without compensation; or
(2) Be considered to be on detail to the receiving agency.
(b) The appointment of an employee of another government or organization, assigned to a District agency, may be made without regard to the laws or rules and regulations governing the selection of employees in the Career and Educational Services.
(c) An employee of another government or organization who is detailed to a District agency may not by virtue of the detail be considered to be an employee of the District, except as provided in this section, nor may he or she be directly paid a salary or wage by the District agency. The assignment agreement may, however, authorize the District agency to reimburse the sending agency or organization for all or any part of the employee’s salary and fringe benefits. The agreement between the sending agency or organization and the receiving agency may govern the supervision of the duties of such employees during the period of detail.
(d) The District government shall treat any employee of a sending agency or organization assigned to the District who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties, as a District employee for the purpose of the District’s employee disability compensation program. An employee of a sending agency or organization is not entitled to benefits under that program for any period for which he or she elects similar benefits under the employee compensation program of his or her permanent employer.
(Mar. 3, 1979, D.C. Law 2-139, § 2703, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(c), 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-628.3.
1973 Ed., § 1-357.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVII - Temporary Assignment of District Employees › § 1–627.04. Travel expenses

§ 1–627.04. Travel expenses.
(a) A District agency may, in accordance with the applicable travel rules and regulations, pay the travel expenses of an employee assigned to another government, private sector organization, or institution of higher education on either a detail or leave basis, but shall not pay the travel expenses of any employee incurred in connection with his or her work assignment at the receiving agency. If the assignment will be for a period of time exceeding 9 months, travel expenses may include expenses of transportation of immediate family, household goods, and personal effects to and from the location of the receiving agency. If the period of assignment is less than 9 months, the District agency may pay a daily allowance to the employee on assignment or detail.
(b) A District agency may, in accordance with the applicable travel rules and regulations, pay travel expenses of a person assigned to it under this subchapter during the period of such an assignment on the same basis as if he or she were a regular employee of the District.
(c) The costs associated with travel, relocation, and daily expenses may be shared by the participating governments, private sector organization, or institution of higher education or be borne solely by either party to the agreement.
(Mar. 3, 1979, D.C. Law 2-139, § 2704, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(d), 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-628.4.
1973 Ed., § 1-357.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVII - Temporary Assignment of District Employees › § 1–627.05. Agreements authorized

§ 1–627.05. Agreements authorized.
(a) Any assignment entered into by a District agency under the authority of this subchapter must be implemented by a written agreement and this agreement shall contain the following provisions:
(1) The signature of the employee to be assigned indicating he or she fully concurs in the assignment and has been made aware of all appropriate rules and regulations governing the assignment;
(2) The approval of appropriate officials of the sending and receiving agencies or organizations;
(3) The terms and conditions for the payment of salary and other expenses, and any reimbursement among participating agencies or organizations; and
(4) The duties and responsibilities to be carried out on the assignment.
(b) The agreement must be signed by all participants before the assignment can become effective.
(Mar. 3, 1979, D.C. Law 2-139, § 2705, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(e), 43 DCR 5; Apr. 9, 1997, D.C. Law 11-255, § 55(a), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 1-628.5.
1973 Ed., § 1-357.5.
Section References
This section is referenced in § 1-627.06.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVIII - Agreements Authorized › § 1–628.01. Authority

§ 1–628.01. Authority.
The Council, the Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia are hereby authorized and empowered to enter into reciprocal agreements for the use of equipment, materials, facilities, and services with any public or private agency or body for purposes deemed beneficial to the personnel system. For the purposes of agreements with federal agencies under this subchapter, the provisions of § 1-207.31 shall be met.
(Mar. 3, 1979, D.C. Law 2-139, § 2801, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(aa), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(z), 43 DCR 2978; Apr. 1, 2017, D.C. Law 21-232, § 2(q), 64 DCR 876.)
Prior Codifications
1981 Ed., § 1-629.1.
1973 Ed., § 1-358.1.
Section References
This section is referenced in § 1-631.08.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(q) 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(q) 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVIII - Agreements Authorized › § 1–628.02. Agreements required

§ 1–628.02. Agreements required.
The Mayor shall enter into an agreement with the United States Civil Service Commission to carry out the purposes of subchapters XXI, XXII, and XXVI of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 2802, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-629.2.
1973 Ed., § 1-358.2.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVIII - Agreements Authorized › § 1–628.03. Courts

§ 1–628.03. Courts.
The Public Employee Relations Board is authorized to enter into agreements with the courts of the District of Columbia to implement a positive program of employee-employer relations.
(Mar. 3, 1979, D.C. Law 2-139, § 2803, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-629.3.
1973 Ed., § 1-358.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVIII - Agreements Authorized › § 1–628.04. Transit Commission

§ 1–628.04. Transit Commission.
The Mayor is hereby authorized and empowered to enter into an agreement with the Washington Metropolitan Area Transit Commission to implement the inclusion of the employees of such Commission as participants in the United States Civil Service Retirement System (Chapter 83 of Title 5 of the United States Code).
(Mar. 3, 1979, D.C. Law 2-139, § 2804, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-629.4.
1973 Ed., § 1-358.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVIII - Agreements Authorized › § 1–628.05. Agreements for disciplinary appeals

§ 1–628.05. Agreements for disciplinary appeals.
The Mayor is authorized to enter into agreements with appropriate federal agencies to authorize them to continue the processing of administrative appeals of personnel actions by District government employees until such time as the rules and regulations of the Office of Employee Appeals are issued and the provisions of subchapter XVI of this chapter become effective. The agreement of the Mayor may provide for the existing standards of cause for disciplinary actions to continue in effect for the duration of the agreement.
(Aug. 7, 1980, D.C. Law 3-81, § 2(ff), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-629.5.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIX - Employee Debt Set-Offs › § 1–629.01. Waiver of claims for erroneous employees payments

§ 1–629.01. Waiver of claims for erroneous employees payments.
(a) In accordance with rules issued by the Mayor, the Mayor may waive with written justification, in whole or part, a claim of the government against an employee or former employee of the District arising under § 1-629.02 when collection would be:
(1) Against equity;
(2) Against good conscience; and
(3) Not in the best interests of the District.
(b) The authority to waive a claim for erroneous payment may not be exercised if there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, former employee, or any other person having an interest in obtaining a waiver of the claim.
(c) After the expiration of 3 years immediately following the date on which the erroneous payment was discovered by the government, or 3 years immediately following March 3, 1979, whichever is later, the Mayor may not make any claim for an erroneous payment or debt owed to the government, except where the claim involves money owed for federal health benefits, federal life insurance, or United States civil service retirement.
(d) A decision by the Mayor to deny a waiver of the government’s claim for erroneous employee payment shall be the final administrative decision of the District government.
(e) When the government has been reimbursed for a claim for erroneous payment in whole or in part, and a waiver of the claim is then granted, the employee or former employee shall be entitled to a refund of the amount of the reimbursement.
(f) An erroneous payment, the collection of which is waived under this subchapter, is a valid payment for all purposes.
(g) Nothing contained in this subchapter shall be construed to affect in any way the authority under any other statute to litigate, settle, compromise, or waive any claim of the government.
(Mar. 3, 1979, D.C. Law 2-139, § 2901, 25 DCR 5740; Sept. 13, 1986, D.C. Law 6-144, § 2(b), 33 DCR 4383; June 10, 1998, D.C. Law 12-124, § 101(y), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-630.1.
1973 Ed., § 1-359.1.
Editor's Notes
Applicability of § 101(y) 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.
Delegation of Authority
Waiver of government claims, see Mayor’s Order 99-220, December 30, 1999 ( 47 DCR 1008).
Delegation of Authority—Waiver of District Government Claims, see Mayor’s Order 2009-27, March 9, 2009 ( 56 DCR 6762).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIX - Employee Debt Set-Offs › § 1–629.02. Erroneous payments to employees

§ 1–629.02. Erroneous payments to employees.
When the Mayor determines that an employee or former employee of the District is indebted to the District of Columbia government (“government”) because of an erroneous payment made to or on behalf of the employee, the Mayor may, after 30 days notice to the employee, collect the amount of the indebtedness as provided in this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 2902; as added Sept. 13, 1986, D.C. Law 6-144, § 2(c), 33 DCR 4383.)
Prior Codifications
1981 Ed., § 1-630.2.
Section References
This section is referenced in § 1-629.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIX - Employee Debt Set-Offs › § 1–629.03. Employee debts to District government

§ 1–629.03. Employee debts to District government.
(a) Whenever an employee or former employee of the District is indebted to the government for other than an erroneous payment and the debt has either been acknowledged by the employee or reduced to judgment by a court, the Mayor may, after 30 days notice to the employee, collect the amount of the indebtedness as provided in this subchapter.
(b) The Mayor shall identify all debts owed to the government by an employee or former employee that have not been acknowledged by the employee or reduced to a judgment by a court, and the names of the employees, the amount of the debt, and supporting documentation shall be forwarded to the Corporation Counsel for appropriate action.
(Mar. 3, 1979, D.C. Law 2-139, § 2903; as added Sept. 13, 1986, D.C. Law 6-144, § 2(c), 33 DCR 4383.)
Prior Codifications
1981 Ed., § 1-630.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIX - Employee Debt Set-Offs › § 1–629.04. Collection of debts

§ 1–629.04. Collection of debts.
(a) Any debt authorized to be collected under this subchapter may be collected in monthly installments or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay of the employee.
(b) Deductions may be made from any wages, salary, compensation, remuneration for services, or other authorized pay, including, but not limited to, back pay and lump sum leave payments but not including retirement pay.
(c) The amount deducted for any period may not exceed 20% of disposable pay, except that a greater percentage may be deducted upon consent of the employee involved.
(d) If the employee’s employment ends before collection of the amount of the indebtedness is completed, deductions may be made from later non-periodic government payments of any nature except retirement pay due the former employee without regard to the limit imposed by subsection (c) of this section.
(Mar. 3, 1979, D.C. Law 2-139, § 2904; as added Sept. 13, 1986, D.C. Law 6-144, § 2(c), 33 DCR 4383.)
Prior Codifications
1981 Ed., § 1-630.4.
Section References
This section is referenced in § 1-629.05.
Emergency Legislation
For temporary (90 day) addition of section, see § 1055 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) addition of section, see § 1055 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIX - Employee Debt Set-Offs › § 1–629.05. Authority to collect infraction fines from responsible District employees

§ 1–629.05. Authority to collect infraction fines from responsible District employees.
(a) If a notice of infraction is issued pursuant to § 50-2303.03 or § 50-2209.02 for an infraction committed by a vehicle owned or leased by the District of Columbia government, the responsible individual shall be required to pay any fine or fee imposed as a result of that notice of infraction.
(b) The responsible individual may challenge any notice of infraction issued for a moving violation as provided in subchapter II of Chapter 23 of Title 50 (§ 50-2302.01 et seq.), or any notice of infraction issued for a parking, standing, or stopping infraction as provided in subchapter III of Chapter 23 of Title 50 (§ 50-2303.01 et seq.).
(c) If a responsible individual fails to pay a fine or fee imposed, the period for challenging the issuance of the notice of infraction has expired, and there is no final order dismissing the charges that led to the issuance of the notice of infraction, the Mayor may collect the amount owed, as provided for in § 1-629.04, or by any other means authorized by law.
(d) For the purposes of this section, the term “responsible individual” means the District government employee, contractor, or volunteer who had registered, or signed, to use the vehicle that was the subject of the notice of infraction, or who had been assigned to drive the vehicle that was the subject of the notice of infraction, at the time when the notice of infraction was issued.
(Mar. 3, 1979, D.C. Law 2-139, § 2906; as added Sept. 20, 2012, D.C. Law 19-168, § 1055, 59 DCR 8025.)
Emergency Legislation
For temporary addition of section, see § 1055 of the Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
Editor's Notes
The 2012 amendment by D.C. Law 19-168 added this section.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXX - Elimination of Personal Surety Bonds for District Employees › § 1–630.01. Policy; agency may not require bonds

§ 1–630.01. Policy; agency may not require bonds.
(a) No agency may require or obtain surety bonds for any employee in connection with the performance of official duties.
(b) The personal financial liability to the District government of such employees and personnel is not affected by reason of subsection (a) of this section.
(c) Whenever the following occurs: (1) It is necessary to restore or otherwise adjust the account of an accountable officer or his or her agent for any loss to the District due to the fault or negligence of that officer or agent; and (2) the head of that agency determines that the amount of the loss is uncollectable, such amount shall be charged to the appropriation of funds available for the expenses of the accountable function at the time the restoration or adjustment is made. The restoration or adjustment does not affect the personal financial liability of that officer or agent on account of the loss.
(d) The restorations and adjustments provided for by subsection (c) of this section shall be made in accordance with rules and regulations issued by the Mayor.
(Mar. 3, 1979, D.C. Law 2-139, § 3001, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-631.1.
1973 Ed., § 1-360.1.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.01. Policy; issuance of rules and regulations

§ 1–631.01. Policy; issuance of rules and regulations.
All official personnel records of the District government shall be established, maintained, and disposed of in a manner designed to ensure the greatest degree of applicant or employee privacy while providing adequate, necessary, and complete information for the District to carry out its responsibilities under this chapter. Such records shall be established, maintained, and disposed of in accordance with rules and regulations issued by the Mayor.
(Mar. 3, 1979, D.C. Law 2-139, § 3101, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.1.
1973 Ed., § 1-361.1.
Section References
This section is referenced in § 1-631.07.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.02. Cooperation with the United States Civil Service Commission

§ 1–631.02. Cooperation with the United States Civil Service Commission.
Because of the statutory and administrative relationships in personnel administration between the District and federal governments, and to ensure that personnel records include information of importance to both governmental jurisdictions, the rules and regulations issued by the Mayor shall, insofar as is practicable, be consistent with civil service rules and regulations governing personnel records management in the federal service.
(Mar. 3, 1979, D.C. Law 2-139, § 3102, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.2.
1973 Ed., § 1-361.2.
Section References
This section is referenced in § 1-631.08.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.03. Disclosure of personnel information

§ 1–631.03. Disclosure of personnel information.
It is the policy of the District government to make personnel information in its possession or under its control available upon request to appropriate personnel and law-enforcement authorities, except if such disclosure would constitute an unwarranted invasion of personal privacy or is prohibited under law or rules and regulations issued pursuant thereto.
(Mar. 3, 1979, D.C. Law 2-139, § 3103, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.3.
1973 Ed., § 1-361.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.04. Rules and regulations affecting disclosure

§ 1–631.04. Rules and regulations affecting disclosure.
The Mayor shall issue rules and regulations governing the disclosure of official information contained in personnel records.
(Mar. 3, 1979, D.C. Law 2-139, § 3104, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.4.
1973 Ed., § 1-361.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.05. Employee access to official personnel record

§ 1–631.05. Employee access to official personnel record.
(a)(1) The official personnel record of a District employee shall be disclosed to the employee or any representative of his or her choice. All such disclosure shall be made in the presence of a representative of the agency having custody of the records.
(2) The following information which may be in an official personnel record shall not be disclosed to any employee:
(A) Information which has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed: Provided, however, that such information may be disclosed if all information identifying the source of the information is deleted in such a manner to positively preclude identity of the source;
(B) Medical information, which, in the judgment of the employee’s physician would be injurious to the health of the employee, if disclosed;
(C) Criminal investigative reports;
(D) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded under this chapter; and
(E) Test and examination materials which may continue to be used for selection and promotion purposes: Provided, however, that the description of test and general results thereof shall be disclosed.
(b) Each employee shall have the right to present information immediately germane to any information contained in his or her official personnel record and seek to have irrelevant, immaterial, or untimely information removed from the record.
(c) For the purpose of this subchapter, information other than a record of official personnel action is untimely if it concerns an event more than 3 years in the past upon which an action adverse to an employee may be based. Immaterial, irrelevant, or untimely information shall be removed from the official record upon the finding by the agency head that the information is of such a nature. Prior to the removal of any information in the file, the employer shall notify the employee and give him or her an opportunity to be heard.
(Mar. 3, 1979, D.C. Law 2-139, § 3105, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.5.
1973 Ed., § 1-361.5.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.06. Appeals. [Repealed]

§ 1–631.06. Appeals. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 3106, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(z), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-632.6.
1973 Ed., § 1-361.6.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.07. Transfer of official personnel folders

§ 1–631.07. Transfer of official personnel folders.
The system for the maintenance of the official personnel folder established under § 1-631.01 shall provide for the transfer of folders between agencies of the District government subject to this chapter when employees transfer from 1 agency to another.
(Mar. 3, 1979, D.C. Law 2-139, § 3107, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.7.
1973 Ed., § 1-361.7.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXI - Records Management and Privacy of Records › § 1–631.08. Exchange of official personnel information

§ 1–631.08. Exchange of official personnel information.
The Mayor, pursuant to the provisions of §§ 1-628.01 and 1-631.02, shall enter into an agreement with the United States Civil Service Commission for the exchange of official personnel information, to the extent mutually agreed upon, between the District and federal government in accordance with limitations imposed by this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 3108, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-632.8.
1973 Ed., § 1-361.8.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXII - Implementation; Conforming Amendments and Repealers; Specific Retention of Laws and Authorities; Rules of Construction › § 1–632.01. Continuation of personnel rules and regulations

§ 1–632.01. Continuation of personnel rules and regulations.
(a) All personnel rules and regulations, issued under appropriate authority on or before the date that this section becomes effective as provided in subsection (b) of § 1-636.02, shall continue in full force and effect until superseded by a provision of this chapter. All administrative directives of whatever name issued by any personnel authority or the Chiefs of the Metropolitan Police Department or the District of Columbia Fire Department in effect on the date that this section becomes effective as provided in subsection (b) of § 1-636.02 shall remain in effect until superseded by a provision of this chapter. Such existing rules and regulations may be amended in accordance with existing provisions of law.
(b) Persons employed by the District of Columbia government after March 3, 1979, shall be appointed under existing authority until the provisions of this chapter become effective.
(Mar. 3, 1979, D.C. Law 2-139, § 3201, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-633.1.
1973 Ed., § 1-362.1.
Section References
This section is referenced in § 1-636.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXII - Implementation; Conforming Amendments and Repealers; Specific Retention of Laws and Authorities; Rules of Construction › § 1–632.06. Express retention of certain District of Columbia laws

§ 1–632.06. Express retention of certain District of Columbia laws.
The express provisions of the following District of Columbia laws shall continue in force and are not to be considered impliedly repealed in any manner by the provisions of this chapter:
(1) The provisions of Title 18 of the United States Code insofar as they affect employees of the District of Columbia government shall not be affected by this chapter: Provided, however, that this provision shall not be construed to prohibit coverage of volunteers under the provisions of subchapter XXIII of this chapter;
(2) The provisions of § 1-319.01 et seq. shall continue in force except that volunteers shall be entitled to disability compensation as provided in subchapter XXIII of this chapter;
(3) The provisions of §§ 1-504 and 28-2701 shall continue in force;
(4) Section 1-521.01 shall continue in force;
(5) Section 2-1401.01 et seq. shall continue in force; and
(6) The Metropolitan Police Officer Civil Rights Act (D.C. Law 2-71).
(Mar. 3, 1979, D.C. Law 2-139, § 3206, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-633.4.
1973 Ed., § 1-362.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXII - Implementation; Conforming Amendments and Repealers; Specific Retention of Laws and Authorities; Rules of Construction › § 1–632.07. Miscellaneous provisions

§ 1–632.07. Miscellaneous provisions.
(a) Commissioner’s Order No. 70-229 (Organization Order No. 25), June 19, 1970; Interim Labor Management Relations Policy for the University of the District of Columbia, May 4, 1978, 24 DCR 1004; Sections 600 through 619 of the Rules of the District of Columbia Board of Education, January 18, 1978, 24 DCR 6445-6475; the September 1975 Armory Board policy relating to labor relations; and any other labor-management relations policy inconsistent with this chapter are deemed to be superseded by this chapter: Provided, however, that nothing herein shall preclude the Mayor, the Board of Trustees of the University of the District of Columbia, the Board of Education, or the Armory Board from adopting new labor relations policies that are not inconsistent with this chapter or with regulations issued by the Public Employee Relations Board pursuant to this chapter.
(b) Any law, rule and regulation, Commissioner’s Order, Mayor’s Order, Mayor’s Memorandum, or any administrative rule and regulation which is inconsistent with or contrary to the provisions of this chapter is repealed or superseded to the extent of such inconsistency on or after the effective date of this chapter.
(c) Any provision of the District Personnel Manual (DPM) which, while not expressly repealed or inconsistent with any provision of this chapter, lacks a statutory basis under this chapter is repealed on the effective date of this chapter.
(d) Notwithstanding any other provision of this chapter, wherever federal merit system standards are applicable to a District program financed in whole or in part by the federal funds, the Mayor shall establish rules and regulations to the extent necessary to apply such standards to personnel administration in such grant-in-aid programs and the positions and employees therein.
(Mar. 3, 1979, D.C. Law 2-139, § 3207(a)-(d), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(hh), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-633.5.
1973 Ed., § 1-362.5.
Section References
This section is referenced in § 1-605.03 and § 1-636.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXII - Implementation; Conforming Amendments and Repealers; Specific Retention of Laws and Authorities; Rules of Construction › § 1–632.08. Rules of construction

§ 1–632.08. Rules of construction.
In accordance with the express terms of this chapter, the following rules of construction will apply in the interpretation of provisions in apparent conflict:
(1) Subchapter II will govern conflicting provisions; and
(2) A parenthetical limitation, upon provisions of a section or subchapter preceding it, shall limit the scope of the section or subchapter to the parenthetical provision.
(Mar. 3, 1979, D.C. Law 2-139, § 3208, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-633.6.
1973 Ed., § 1-362.6.
Section References
This section is referenced in § 1-636.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXIII - Appropriations › § 1–633.01. Authorization of appropriations

§ 1–633.01. Authorization of appropriations.
Appropriations necessary to carry out the purposes of this chapter are hereby authorized.
(Mar. 3, 1979, D.C. Law 2-139, § 3301, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-634.1.
1973 Ed., § 1-363.1.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXIV - Annual Report. [Repealed] › § 1–634.01. Annual report. [Repealed]

§ 1–634.01. Annual report. [Repealed]
Repealed.
(June 10, 1998, D.C. Law 12-124, § 101(aa), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-635.1.
1973 Ed., § 1-364.1.
Editor's Notes
Historical citations: Mar. 3, 1979, D.C. Law 2-139, § 3401, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(bb), 33 DCR 7241.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXV - Separability › § 1–635.01. Separability

§ 1–635.01. Separability.
Should any provision of this chapter be declared unconstitutional, invalid or beyond the statutory authority of the Council of the District, the remaining provisions of this chapter shall be unaffected by such a declaration.
(Mar. 3, 1979, D.C. Law 2-139, § 3501, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-636.1.
1973 Ed., § 1-365.1.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXXVI - Effective Date Provisions; Implementation Task Force › § 1–636.03. Implementation Task Force

§ 1–636.03. Implementation Task Force.
(a) There is hereby established a Task Force on the Implementation of the Merit Personnel Act (hereinafter referred to in this section as the “Task Force”) which shall be composed of the following members: (1) Two members appointed by the Mayor; (2) 2 members appointed by the Greater Washington Central Labor Council; (3) 2 members appointed by the Committee on Government Operations of the Council; and (4) 1 member appointed by the Chairman of the Council of the District of Columbia. The members shall elect 1 of their members as Chairperson.
(b) Each member of the Task Force shall receive payment of $100 for each 8 hours actually worked per diem or $12.50 per hour, whichever provides less, while in the service of the Task Force. The members shall also receive reimbursement for the payment of actual expenses incurred in the service of the Task Force.
(c) The Task Force shall study and review the implementation of this chapter giving special attention to the implementation timetable set forth in this subchapter. The Task Force shall advise the Mayor and the Council of the District of Columbia within 90 days of the date of their appointment under subsection (d) of this section as to the need for any adjustments in the timetables set forth in this subchapter and the Council may, by act, modify such timetables. The Task Force may engage in other activities as provided in this subsection.
(d) Members of the Task Force shall be appointed from constituencies as provided in subsection (a) of this section within 30 days of March 3, 1979. Any vacancies which occur in the membership of the Task Force shall be replaced from the same constituency represented by the member creating a vacancy. No person otherwise in the employ of the District government appointed to the Task Force may receive the per diem or hourly payment provided in subsection (b) of this section.
(e) The Task Force shall be disbanded no later than December 1, 1979.
(Mar. 3, 1979, D.C. Law 2-139, § 3603, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-637.2.
1973 Ed., § 1-366.2.
Cross References
Administration, procurement, authority of Retirement Board unaffected, see § 2-352.01.
District of Columbia judges, retirement, computation of retirement salary, see § 11-1564.
District of Columbia judges, retirement, “lump-sum credit for retirement” defined, see § 11-1561.
District of Columbia judges, retirement, payment of annuity to survivors, see § 11-1569.
Police and fire departments, disability retirement, use of medical resources and expertise by Boards, see § 5-710.
Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan, “Retirement Reform Act” defined, see § 1-901.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 7 - District of Columbia Employees Retirement Program Management › Subchapter I - Findings; Purpose; Definitions › § 1–701. Findings; purpose

§ 1–701. Findings; purpose.
(a) The Congress finds that the retirement benefits authorized by various acts of Congress for the police officers, fire fighters, teachers, and judges of the District of Columbia have not been financed on an actuarially sound basis. Neither federal payments to the District nor District of Columbia appropriations have taken into account the long-term financial requirements of the District’s retirement programs. As a result, the annual budget cost to the District of Columbia for annuities and refunds of deductions is growing at a rapid rate, and, in the case of the retirement program for police officers and fire fighters, is predicted to exceed the cost of salaries for active police officers and fire fighters by the year 2000.
(b) It is the purpose of this chapter:
(1) To establish separate retirement Funds for police officers and fire fighters, for teachers, and for judges of the District of Columbia;
(2) To establish a Retirement Board with responsibility for managing these Funds;
(3) To require that these Funds be managed on an actuarially sound basis in order to provide proper financing for the benefits to which the District’s retired police officers, fire fighters, teachers, and judges are entitled;
(4) To require that the Retirement Board comply with reporting and disclosure requirements similar to those imposed under the Employee Retirement Income Security Act of 1974; and
(5) To provide for federal payments to these Funds to help finance, in part, the liabilities for retirement benefits incurred by the District of Columbia prior to the establishment of self-government under the District of Columbia Home Rule Act.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 101.)
Prior Codifications
1981 Ed., § 1-701.
1973 Ed., § 1-1801.
Section References
This section is referenced in § 1-335.03, § 1-336.03, § 1-901.02, § 5-706, § 11-1561, § 11-1564, § 11-1569, and § 38-2021.18.
References in Text
“The Employee Retirement Income Security Act of 1974,” referred to in (b)(4) is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 7 - District of Columbia Employees Retirement Program Management › Subchapter II - Establishment of Retirement Board and Retirement Funds › § 1–715. Management of Retirement Funds

§ 1–715. Management of Retirement Funds.
(a)(1) The District of Columbia Retirement Board shall be the custodian of the assets of each Fund established by this chapter and shall manage and invest such assets in accordance with this chapter. Except as provided in paragraph (2) of this subsection, all assets in the possession or control of the Board shall be held in trust pursuant to a written trust instrument by 1 or more trustees appointed by the Board in its fiduciary capacity. Upon acceptance of the appointment, the trustee or trustees shall have authority and discretion to manage and control the assets assigned to it by the Board except to the extent that authority to manage, acquire, or dispose of assets of the Fund is retained by the Board or is delegated by the Board to 1 or more investment counsels pursuant to § 1-711(g)(1).
(2) The requirements of paragraph (1) of this subsection shall not apply to any assets of a Fund which consist of insurance contracts of policies issued by an insurance company qualified to do business in a state.
(b) The assets of each Fund shall be kept separate from other moneys which may be under the control of the District of Columbia Retirement Board, but need not be kept separate from the assets of the other Funds if the Board determines that commingling of such assets is advisable for investment purposes.
(c) The Board shall maintain, in an appropriate depository, a cash reserve for the Funds in an amount determined by the Board to be sufficient to meet current outlays for annuities and other retirement and disability benefits authorized to be paid from such Funds.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 125; Mar. 24, 1990, D.C. Law 8-97, § 2(c), 37 DCR 1046; Apr. 13, 2005, D.C. Law 15-354, § 3(a), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 1-715.
1973 Ed., § 1-1815.
Effect of Amendments
D.C. Law 15-354 substituted “District of Columbia Retirement Board” for “Custodian of Retirement Funds”.
Editor's Notes
Independent audit of Retirement Board: Section 135 of Public Law 103-334, 108 Stat. 2588, the District of Columbia Appropriations Act, 1995, provided that the District of Columbia Retirement Board shall enter into an agreement with an independent firm meeting certain qualifications to prepare and submit to the Retirement Board a written set of findings and recommendations not later than 6 months after the date of the enactment of this Act regarding the appropriateness and adequacy of the Retirement Board’s fiduciary, management, and investment practices and procedures, and provided for expenditure of funds.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 7 - District of Columbia Employees Retirement Program Management › Subchapter II - Establishment of Retirement Board and Retirement Funds › § 1–716. Payments from Retirement Funds

§ 1–716. Payments from Retirement Funds.
The District of Columbia Retirement Board shall determine the amount of any payments to be made from the funds established by this act for annuities or any other retirement or disability benefits, including refunds and lump-sum payments, and the Board shall make such payments from the appropriated fund.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 126; Apr. 13, 2005, D.C. Law 15-354, § 3(b), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 1-716.
1973 Ed., § 1-1816.
Effect of Amendments
D.C. Law 15-354 rewrote the section which had read:
“The Mayor shall notify the Custodian of Retirement Funds of any payments to be made from the Funds established by this chapter for annuities or other retirement or disability benefits (including refunds and lump-sum payments), and the Custodian of Retirement Funds shall make such payments from the appropriate Fund.”