reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter VIII-B - Government Attorneys › Part A - General › § 1–608.66. Privilege

§ 1–608.66. Privilege.
Nothing in this chapter shall limit, waive, or abrogate the scope or nature of the attorney-client privilege, whether statutory or common law, with respect to communications between attorneys employed by the Office of the Attorney General and subordinate agency personnel, or legal advice given by Office of the Attorney General attorneys to subordinate agency personnel before the date of the appointment of these attorneys to positions in the subordinate agencies. This privilege shall continue to apply fully to all communications made and legal advice provided between subordinate agency personnel and attorneys employed by the subordinate agencies after attorneys are transferred to the subordinate agency.
(Mar. 3, 1979, D.C. Law 2-139, § 866; as added Dec. 13, 2013, D.C. Law 20-60, § 101(m), 60 DCR 15487.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-60 added this section.
Emergency Legislation
For temporary addition of subchapter, see note to § 1-608.51.
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 B - Certificate of Good Standing Filing Requirement › § 1–608.82. Certificate of Good Standing filing requirement for Council attorneys

§ 1–608.82. Certificate of Good Standing filing requirement for Council attorneys.
(a) Except for temporary waiver of this requirement pursuant to procedures established by the Council, each attorney who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Council, shall file annually with the Secretary to the Council a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals.
(b) The Secretary to the Council shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys who have not met the filing requirements of subsection (a) of this section.
(c) The Council may develop policies and procedures to implement this section including:
(1) Procedures addressing the timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;
(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the attorney who is employed by the Council; and
(3) The procedures by which an attorney who is employed by the Council shall be notified of the filing requirement established by subsection (a) of this section and whether he or she is in compliance with the requirement.
(Apr. 1, 2017, D.C. Law 21-232, § 2(j), 64 DCR 876.)
Emergency Legislation
For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX - Excepted Service › § 1–609.01. Creation of the Excepted Service; qualifications; appointment; exclusivity of service

§ 1–609.01. Creation of the Excepted Service; qualifications; appointment; exclusivity of service.
The qualifications for each Excepted Service position shall be developed and issued by the appropriate personnel authority in consultation with the Mayor. Each employee appointed in the Excepted Service (except those included in § 1-609.08) must be well qualified for the position to which he or she is appointed. Each personnel authority may fill positions in the Excepted Service as provided in this subchapter. Excepted Service employees may be hired noncompetitively. Persons appointed to the Excepted Service are not in the Career, Educational, Executive, Management Supervisory or Legal Service.
(Mar. 3, 1979, D.C. Law 2-139, § 901, 25 DCR 5740; Apr. 20, 1999, D.C. Law 12-260, § 2(d), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(j), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(b), 59 DCR 461.)
Prior Codifications
1981 Ed., § 1-610.1.
1973 Ed., § 1-339.1.
Section References
This section is referenced in § 1-602.03, § 1-609.02, § 1-609.03, § 1-609.52, § 1-1161.01, § 6-623.02, and § 24-101a.
Effect of Amendments
D.C. Law 13-91, in the fifth sentence, inserted “Executive,”.
D.C. Law 19-115 substituted “must be well qualified” for “must meet the minimum standards prescribed”.
Cross References
Office of zoning, director serving as excepted service employee, see § 6-623.02.
Taxicab commission, membership, see § 50-305.
Emergency Legislation
For temporary amendment of section, see § 2(d) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX - Excepted Service › § 1–609.04. Special appointments

§ 1–609.04. Special appointments.
Special noncompetitive appointments may be made to positions provided under the authority of this section. Such positions are covered by the provisions of § 1-609.02 relating to the Excepted Service positions. The nature of the appointment must be made known to the employee prior to effecting the appointment.
(1) Individuals appointed to positions created under public employment programs established by law.
(2) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, ex-offender or other disadvantaged groups.
(3) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970 (84 Stat. 1901, Pub. L. 91-648).
(4) Positions established under federal grant funded programs having a limited or indefinite duration, provided state merit requirements are not applicable; provided, however, that this paragraph shall not apply to any employees of the Board of Education or of the Trustees of the University of the District of Columbia.
(5) Positions established to employ professional, scientific, or technical experts or consultants.
(6) Positions established under cooperative educational and study programs.
(Mar. 3, 1979, D.C. Law 2-139, § 904, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(j), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(i), 43 DCR 2978; Apr. 24, 2007, D.C. Law 16-305, § 3(f), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 1-610.4.
1973 Ed., § 1-339.4.
Section References
This section is referenced in § 1-602.04, § 1-607.02, § 1-609.05, and § 1-636.02.
Effect of Amendments
D.C. Law 16-305, in par. (2), substituted “persons with disabilities” for “developmentally disabled or handicapped persons”.
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.
Delegation of Authority
Delegation of authority for Summer Youth Employment Program participants, see Mayor’s Order 83-131, May 24, 1983; Mayor’s Order 84-86, April 6, 1984.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX - Excepted Service › § 1–609.05. Lack of job protection; procedural protection

§ 1–609.05. Lack of job protection; procedural protection.
Employees in the Excepted Service (other than those appointed under the authority of § 1-609.04) do not have any job tenure or protection. After 1 year of average or above average performance as determined under subchapter XIII-A of this chapter, persons appointed under the authority of this subchapter shall be entitled to a notice of at least 15 days when termination is contemplated, which may state the reason therefor. The employee does not have any right to appeal the termination. All other provisions of this chapter apply to Excepted Service employees: Except, that persons employed by the Council of the District of Columbia by personnel authorities identified in § 1-604.06(b)(3)(B) may have their employment relationship terminated by the member or chairperson of a committee of the Council of the District of Columbia employing them without further review by way of grievance or adverse action administrative appeals.
(Mar. 3, 1979, D.C. Law 2-139, § 905, 25 DCR 5740; June 11, 1981, D.C. Law 4-7, § 4, 28 DCR 1672; Apr. 12, 2000. D.C. Law 13-91, § 103(k), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(c), 49 DCR 8140.)
Prior Codifications
1981 Ed., § 1-610.5.
1973 Ed., § 1-339.5.
Section References
This section is referenced in § 1-608.56.
Effect of Amendments
D.C. Law 13-91, in the second sentence, substituted “subchapter XIV-A” for “subchapter XV”.
D.C. Law 14-213 substituted “termination is contemplated, which may state the reason therefor” for “termination of service prior to the expiration date of appointment is contemplated, explaining the reason therefor”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Council Vaccination Policy Enforcement Temporary Amendment Act of 2022 (D.C. Law 24-228, Dec. 21, 2022, 69 DCR 13989).
For temporary (90 days) amendment of this section, see § 2(b) of Council Vaccination Policy Enforcement Emergency Amendment Act of 2022 (D.C. Act 24-585, Oct. 17, 2022, 69 DCR 012721).
For temporary (90 days) amendment of this section, see § 4 of Tenant Safe Harbor Emergency Amendment Act of 2021 (D.C. Act 24-231, Dec. 13, 2021, 68 DCR 013238).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 4 of Tenant Safe Harbor Temporary Amendment Act of 2021 (D.C. Law 24-75, Feb. 24, 2022, 69 DCR 000190).
For temporary (225 days) amendment of this section, see § 2(b) of Council Vaccination Policy Enforcement Temporary Amendment Act of 2021 (D.C. Law 24-65, Feb. 18, 2022, 68 DCR 013509).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX - Excepted Service › § 1–609.07. Transitional provisions

§ 1–609.07. Transitional provisions.
Persons holding nontemporary appointments in the District of Columbia government, paid from appropriations made to the Office of the Mayor, may, on January 2, 1979, be reassigned to other offices or agencies of the District government. Persons holding appointments in the District of Columbia government, paid from appropriations made to the Council of the District of Columbia and classified as a GS-10 or less under § 5332 of Title 5 of the United States Code and whose position would not be in the Excepted Service under the provisions of this subchapter on January 1, 1980, shall be appointed to the Career Service created in subchapter VIII of this chapter, if such incumbent is found to possess the minimal qualifications for the position to which he or she is appointed.
(Mar. 3, 1979, D.C. Law 2-139, § 907, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-610.7.
1973 Ed., § 1-339.7.
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 IX - Excepted Service › § 1–609.09. Appointment of attorneys. [Repealed]

§ 1–609.09. Appointment of attorneys. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 909; as added Aug. 7, 1980, D.C. Law 3-81, § 2(j), 27 DCR 2632; Apr. 20, 1999, D.C. Law 12-260, § 2 (f), 46 DCR 1318.)
Prior Codifications
1981 Ed., § 1-610.9.
Emergency Legislation
For temporary repeal of section, see § 2(f) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.51. Establishment

§ 1–609.51. Establishment.
There is established within the District government the Management Supervisory Service to ensure that each agency has the highest quality managers and supervisors who are responsive to the needs of the government. Persons appointed to the Management Supervisory Service are not in the Career, Educational, Excepted, Executive, or Legal Service.
(Mar. 3, 1979, D.C. Law 2-139, § 951; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(g), 46 DCR 1318.)
Prior Codifications
1981 Ed., § 1-610.51.
Emergency Legislation
For temporary amendment of section, see § 2(g) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).
Editor's Notes
Applicability of § 101(k) 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 the 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. 2681-596, 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.”
Construction of Law
Construction of Law 12-124
Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.52. Composition

§ 1–609.52. Composition.
(a) Each individual (except for employees appointed pursuant to §§ 1-609.01 to 1-609.08 or subchapters VIII-A, VIII-B, or X-A of this chapter, employees of the Board of Education, employees of the Board of Trustees of the University of the District of Columbia, and uniformed members of the Metropolitan Police Department or the D.C. Fire and Emergency Medical Services Department) who meets the definition of “management employee” pursuant to § 1-614.11(5) shall be in the Management Supervisory Service.
(b) Consistent with the provisions of subchapter XVII of this chapter, any individual occupying a position included in a recognized collective bargaining unit shall not be included in the Management Supervisory Service.
(Mar. 3, 1979, D.C. Law 2-139, § 952; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(h), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 108(a), 47 DCR 520; June 24, 2000, D.C. Law 13-132, § 2(a), 47 DCR 2694.)
Prior Codifications
1981 Ed., § 1-610.52.
Effect of Amendments
D.C. Law 13-91 substituted “XI-A of this chapter” for “XI of this chapter”.
D.C. Law 13-132 designated the existing text as subsec. (a), and added subsec. (b).
Emergency Legislation
For temporary amendment of section, see § 2(h) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.53. Competitive appointments

§ 1–609.53. Competitive appointments.
Appointments by the personnel authority shall be made on the basis of merit from among the highest qualified applicants, based on specific job requirements. Examining procedures shall be designed to achieve the maximum objectivity, reliability, and validity.
(Mar. 3, 1979, D.C. Law 2-139, § 953; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-610.53.
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.54. Employment-at-will

§ 1–609.54. Employment-at-will.
(a) An appointment to a position in the Management Supervisory Service shall be an at-will appointment. Management Supervisory Service employees shall be given a 15-day notice prior to termination. Upon termination, a person with Career or Educational Service status, or with Excepted Service status due to appointment as an attorney pursuant to § 1-609.09, may retreat, at the discretion of the personnel authority, within 3 months of the effective date of the termination, to a vacant position within the agency to which he or she was promoted for which he or she is qualified.
(b) An individual appointed to the Management Supervisory Service pursuant to this section may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual’s employment with the District government as follows:
Length of Employment
Maximum Severance
Up to 6 months
2 weeks of the employee’s basic pay
6 months to 1 year
4 weeks of the employee’s basic pay
1 to 3 years
8 weeks of the employee’s basic pay
More than 3 years
10 weeks of the employee’s basic pay.
(Mar. 3, 1979, D.C. Law 2-139, § 954; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(f), 59 DCR 461.)
Prior Codifications
1981 Ed., § 1-610.54.
Effect of Amendments
D.C. Law 19-115 repealed subsec. (b), which formerly read:
“(b) Employees appointed to the Management Supervisory Service shall be given severance pay in accordance with subchapter XI of this chapter upon separation for non-disciplinary reasons.”
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.55. Management Supervisory Service skills maintenance and enhancement

§ 1–609.55. Management Supervisory Service skills maintenance and enhancement.
Management Supervisory Service employees shall be required to maintain and enhance their management and supervisory skills.
(Mar. 3, 1979, D.C. Law 2-139, § 955; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-610.55.
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.56. Pay for Management Supervisory Service

§ 1–609.56. Pay for Management Supervisory Service.
A pay schedule shall be developed by the Mayor following a classification and compensation study for the Management Supervisory Service.
(Mar. 3, 1979, D.C. Law 2-139, § 956; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-610.56.
Section References
This section is referenced in § 1-609.03.
Emergency Legislation
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.57. Residency preference

§ 1–609.57. Residency preference.
(a) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, and in accordance with § 1-515.02, an applicant for District government employment in the Management Supervisory Service who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided that the applicant claims the preference. This preference shall be in addition to, and not instead of, qualifications established for the position.
(b) Failure to maintain District residency for a period of 7 consecutive years from the individual's effective date of hire into the position for which the individual claimed the residency preference shall result in forfeiture of employment.
(c) Verification and enforcement of residency shall occur pursuant to § 1-515.04.
(d) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Management Supervisory Service shall be governed by § 1-515.05.
(Mar. 3, 1979, D.C. Law 2-139, § 957; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; May 23, 2019, D.C. Law 22-315, § 3(h), 66 DCR 1983.)
Prior Codifications
1981 Ed., § 1-610.57.
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter IX-A - Management Supervisory Service › § 1–609.58. Transition provisions

§ 1–609.58. Transition provisions.
(a) Persons currently holding appointments to positions in the Career Service who meet the definition of “management employee” as defined in § 1-614.11(5) shall be appointed to the Management Supervisory Service unless the employee declines the appointment. Persons declining appointment shall have priority for appointment to the Career Service if a vacant position for which they qualify is available within the agency and is acceptable to the employee. If no such vacant position is available, a 30-day separation notice shall be issued to the employee, who shall be entitled to severance pay in the manner provided by § 1-624.09.
(b) A person currently holding an appointment to a position in the Excepted Service pursuant to § 1-609.03(a) who meets the definition of “management employee” as defined in § 1-614.11(5) may, at the discretion of the personnel authority, be appointed noncompetitively to the Management Supervisory Service unless the employee declines the appointment. A person declining appointment shall be entitled to a written 15-day separation notice and shall be paid separation pay in accordance with section § 1-609.03(f).
(Mar. 3, 1979, D.C. Law 2-139, § 958; as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; June 24, 2000, D.C. Law 13-132, § 2(b), 47 DCR 2694.)
Prior Codifications
1981 Ed., § 1-610.58.
Effect of Amendments
D.C. Law 13-132 designated the existing text as subsec. (a); in subsec. (a) as so designated, in the last sentence, added “, who shall be entitled to severance pay in the manner provided by section 2407”; and added subsec. (b).
Emergency Legislation
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).
Editor's Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X - Executive Service › § 1–610.01. Creation of Executive Service. [Repealed]

§ 1–610.01. Creation of Executive Service. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1001, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(d), 36 DCR 450; Apr. 12, 1997, D.C. Law 11-259, § 304(b), 44 DCR 1423; June 10, 1998, D.C. Law 12-124, § 101(l), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 158(b), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-611.1.
1973 Ed., § 1-340.1.
Cross References
Procurement, criteria for Council review of multiyear contracts and contracts in excess of $1 million, see § 2-301.05a.
Editor's Notes
Applicability of § 101(l) 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X - Executive Service › § 1–610.02. Incumbents. [Repealed]

§ 1–610.02. Incumbents. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1002, 25 DCR 5740; Apr. 12, 1997, D.C. Law 11-259, § 304, 44 DCR 1423; Apr. 12, 2000. D.C. Law 13-91, § 158(b), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-611.2.
1973 Ed., § 1-340.2.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.51. Policy; scope

§ 1–610.51. Policy; scope.
(a) An Executive Service is established to ensure that the executive management of the District of Columbia government is responsive to the needs of the citizens and the goals of the government. Persons serving in the Executive Service shall assist the Mayor in advancing program responsibilities of the District government.
(b) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service pursuant to § 1-523.01. Individuals appointed to the Executive Service, other than the Chief Procurement Officer, shall serve at the pleasure of the Mayor.
(c) The compensation and benefits system for the Executive Service is designed to attract and retain the highest caliber public administrators, who shall be accountable for the effective and efficient management of subordinate agencies.
(d) Except as otherwise provided by law, the provisions of this subchapter shall apply to persons appointed by the Mayor to serve as Chief of Police and Fire Chief.
(Mar. 3, 1979, D.C. Law 2-139, § 1051; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 13, 2008, D.C. Law 17-154, § 2, 55 DCR 3678.)
Prior Codifications
1981 Ed., § 1-611.51.
Section References
This section is referenced in § 1-523.01, § 2-1383, § 2-1431.03, § 5-105.01, § 5-402, § 5-1402, § 5-1501.03, § 7-761.06, and § 34-801.
Effect of Amendments
D.C. Law 17-154, in the section name line, inserted “; policy”; and added subsec. (d).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Temporary Amendment Act of 2016 (D.C. Law 21-122, June 17, 2016, 63 DCR 6864).
Editor's Notes
Applicability of § 101(m) 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.
Construction of Law
Construction of Law 12-124
Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.4(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.1 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.53. Executive Service pay plan

§ 1–610.53. Executive Service pay plan.
(a) A person appointed to a position in the Executive Service shall be appointed at the level on the DX Schedule or DX Public Safety Schedule designated for the subordinate agency to which he or she is appointed, and shall receive a salary set at any amount within the salary range for that level that the Mayor determines to be appropriate.
(b) The salary of any person holding an appointment to a position in the Executive Service may, at any time, be increased or decreased by the Mayor, at his or her sole discretion, to any other salary within the salary range for the level occupied.
(c) The salary of an employee in the Executive Service who is temporarily assigned to a position at a higher or lower level on the DX Schedule or DX Public Safety Schedule shall be set, at the discretion of the Mayor, at any rate within the salary range of the level to which the employee is temporarily assigned or the salary range of the level of the position from which officially appointed.
(d) A person paid from the DX Schedule shall not be entitled to premium pay.
(Mar. 3, 1979, D.C. Law 2-139, § 1053; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 2, 2015, D.C. Law 20-267, § 2(d), 62 DCR 1543.)
Prior Codifications
1981 Ed., § 1-611.53.
Effect of Amendments
The 2015 amendment by D.C. Law 20-267 added “or DX Public Safety Schedule” in (a) and (c).
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.54. Incumbents

§ 1–610.54. Incumbents.
A person holding an appointment to a position in the Executive Service on October 21, 1998 shall continue to be paid at his or her existing rate of pay until the Mayor effects a personnel action establishing a new salary within the designated range for the level of the position to which the person is appointed.
(Mar. 3, 1979, D.C. Law 2-139, § 1054; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-611.54.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.55. Reasonable pre-employment travel and relocation expenses and temporary housing allowance

§ 1–610.55. Reasonable pre-employment travel and relocation expenses and temporary housing allowance.
Pursuant to regulations the Mayor may prescribe, the following expenses may be paid in connection with Executive Service employment:
(1) Reasonable pre-employment travel expenses for an individual being interviewed for a subordinate agency head position;
(2) Reasonable relocation expenses for an Executive Service selectee or appointee and his or her immediate family if they are relocating to the District of Columbia from outside the Greater Washington Metropolitan Area; and
(3) A reasonable temporary housing allowance, for a period not to exceed 60 days, for an Executive Service selectee or appointee and his or her immediate family.
(Mar. 3, 1979, D.C. Law 2-139, § 1055; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-611.55.
Emergency Legislation
For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
For temporary (90 days) amendment of this section, see § 2(b) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Emergency Amendment Act of 2016 (D.C. Act 21-637, Jan. 24, 2017, 64 DCR 923).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017 (D.C. Law 21-246, Apr. 7, 2017, 64 DCR 1620).
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.56. Additional income allowance. [Repealed]

§ 1–610.56. Additional income allowance. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1056; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 2, 2015, D.C. Law 20-267, § 2(e), 62 DCR 1543.)
Prior Codifications
1981 Ed., § 1-611.56.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.57. Performance incentives

§ 1–610.57. Performance incentives.
The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only if:
(1) The agency head is bound by a performance contract, available to the public upon request, that clearly identifies measurable goals and outcomes; and
(2) The agency head has exceeded contractual expectations in the year for which the incentive is paid.
(Mar. 3, 1979, D.C. Law 2-139, § 1057; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Oct. 1, 2002, D.C. Law 14-190, § 2802, 49 DCR 6968.)
Prior Codifications
1981 Ed., § 1-611.57.
Effect of Amendments
D.C. Law 14-190 rewrote the section which had read as follows: “The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only when the agency head is bound by a performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is paid.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Short Title
Short title of title XXVIII of Law 14-190: Section 2801 of D.C. Law 14-190 provided that title XXVIII of the act may be cited as the Executive Compensation and Fiscal Responsibility Amendment Act of 2002.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.58. Separation pay

§ 1–610.58. Separation pay.
(a) A subordinate agency head may be paid separation pay of up to 12 weeks of his or her basic pay upon separation from the government at the discretion of the Mayor; provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay.
(b)(1) Notwithstanding subsection (a) of this section and except as provided in paragraph (2) of this subsection, Charles H. Ramsey, Chief of Police, shall be paid separation pay equivalent to up to 6 months of his basic pay upon involuntary separation from the District government by the Mayor if the involuntary separation is without cause.
(2) If Chief Ramsey is involuntarily separated without cause at any time during the last 6 months of his term, as that term is set forth in § 5-105.01(c), he shall be entitled to separation pay equal to the actual number of days remaining in his term.
(c)(1) Notwithstanding subsection (a) of this section, Cathy L. Lanier, Chief of Police, shall be paid separation pay in a lump sum equivalent to 4 months of her basic pay upon involuntary separation from the District government if the separation is without “material failure,” or for a “good reason,” as those terms are described in an employment agreement between the District of Columbia and Cathy L. Lanier, Chief of Police, dated May 8, 2012.
(2) If Chief Lanier is involuntarily separated without material failure or for a good reason, Chief Lanier and her eligible dependents shall be entitled to continue to participate in the District of Columbia’s health and welfare insurance plans, in which Chief Lanier participated immediately before the date of termination and at the same contribution rates as active employees:
(A) For the 6-month period following the date of termination, or the balance of her term if less than 6 months remain; or
(B) Until she obtains employment with comparable benefits, whichever occurs first.
(Mar. 3, 1979, D.C. Law 2-139, § 1058; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 7, 2000, D.C. Law 13-52, § 3, 46 DCR 9911; Mar. 2, 2007, D.C. Law 16-199, § 2, 53 DCR 8832; Dec. 21, 2012, D.C. Law 19-205, § 3, 59 DCR 12472.)
Prior Codifications
1981 Ed., § 1-611.58.
Effect of Amendments
D.C. Law 13-52 added “provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head’s basic pay”.
D.C. Law 16-199 designated the existing text as subsec. (a); and added subsec. (b).
The 2012 amendment by D.C. Law 19-205 added (c).
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.59. District of Columbia residency

§ 1–610.59. District of Columbia residency.
(a) An appointee to the Executive Service shall become a resident of the District of Columbia within 180 days after the effective date of the person's appointment and shall remain a resident of the District of Columbia during the period of the appointment.
(b) An appointee's failure to become a District of Columbia resident or to maintain residency shall result in the forfeiture of the position to which the person has been appointed.
(c) Residency shall be verified and enforced pursuant to § 1-515.04.
(d) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Executive Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (a) of this section issued before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.
(Mar. 3, 1979, D.C. Law 2-139, § 1059; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Apr. 13, 1999, D.C. Law 12-220, § 2, 46 DCR 481; April 12, 2000, D.C. Law 13-84, § 2, 47 DCR 0455; Oct. 1, 2002, D.C. Law 14-185, § 2(c), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(d), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 19(b), 51 DCR 881; Feb. 6, 2008, D.C. Law 17-108, § 203(f), 54 DCR 10993; May 23, 2019, D.C. Law 22-315, § 3(i), 66 DCR 1983; July 12, 2022, D.C. Law 24-147, § 102(a), 69 DCR 003386.)
Prior Codifications
1981 Ed., § 1-611.59.
Section References
This section is referenced in § 1-523.01, § 1-603.01, and § 1-609.06.
Effect of Amendments
D.C. Law 13-84 added subsec. (c).
D.C. Law 14-185, in the section heading, substituted “District of Columbia domicile” for “District residency”; and rewrote subsec. (a).
D.C. Law 14-213 repealed subsec. (c) which had read as follows: “(c) The provisions of subsection (a) of this section may be waived for Elliott B. Branch, confirmed as Chief Procurement Officer for a 5-year term beginning November 2, 1999.”
D.C. Law 15-105 validated a previously made technical correction.
D.C. Law 17-108 repealed subsec. (b), which had read as follows: “(b) The provisions of subsection (a) of this section may be waived for an individual appointed as Chief Technology Officer.”
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.60. Subsequent appointments

§ 1–610.60. Subsequent appointments.
No person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one year immediately following his or her separation from the Executive Service, except that, upon termination, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor, within 3 months to a vacant position in the service for which he or she is qualified.
(Mar. 3, 1979, D.C. Law 2-139, § 1060; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-611.60.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.62. Retirement benefits

§ 1–610.62. Retirement benefits.
Executive Service employees shall be covered under subchapter XXVI of this chapter, except that employees first hired after September 30, 1987, may elect to participate in the District’s defined contribution plan or may elect to have the funds that would otherwise be contributed by the District under the defined contribution plan directed to another 401(a) retirement plan.
(Mar. 3, 1979, D.C. Law 2-139, § 1062; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-611.62.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.63. Life insurance benefits

§ 1–610.63. Life insurance benefits.
Executive Service employees shall be covered by the provisions of subchapter XXII of this chapter, except that any Executive Service employee, whether covered by federal life insurance benefits (pursuant to § 1-622.01) or District life insurance benefits (pursuant to § 1-622.03), may receive additional coverage for himself or herself, not to exceed twice the rate of that employee’s basic pay. The cost of that coverage shall be borne solely by the District government.
(Mar. 3, 1979, D.C. Law 2-139, § 1063; as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-611.63.
Section References
This section is referenced in § 7-761.06.
Editor's Notes
Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter X-A - Executive Service › § 1–610.64. Employment contracts with subordinate agency heads

§ 1–610.64. Employment contracts with subordinate agency heads.
(a) The Mayor shall not enter into an employment contract with a subordinate agency head that contains terms and conditions of employment that are inconsistent with existing law.
(b) If the Mayor executes an employment contract with a subordinate agency head in the Executive Service, the contract shall be posted to the website of the District of Columbia Department of Human Resources within 30 days of signing. The requirement to post the contract shall be subject to relevant exemptions pursuant to § 2-534 and required disclosures pursuant to § 2-536.
(c) An employment contract, if any, with a subordinate agency head shall be transmitted to the Council simultaneously with the transmittal of the nomination of the subordinate agency head.
(Mar. 3, 1979, D.C. Law 2-139, § 1064; as added Feb. 24, 2012, D.C. Law 19-83, § 2(b), 58 DCR 11024.)