DC Code Title 1 DRAFT/BROKEN

Unocial DC Code
The DC Council December 11, 2012
Contents
0.1
0.1.1 0.1.2
Government Organization. (Refs & Annos)

District of Columbia Government Development. Application of Campaign Finance Reform and Conict of Interest Act.
All provisions of the District of Columbia Campaign Finance Reform and Conict of Interest Act, subchapter III of Chapter 11A of this title, which apply to the election of and service of the Mayor of the District of Columbia shall apply to persons who are candidates or elected to serve as United States Senators and United States Representative pursuant to this initiative.
0.1.3
District created body corporate for municipal purposes.
The District is created a government by the name of the District of Columbia, by which name it is constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this Code.
0.1.4
District as successor corporation.
The District of Columbia is the successor of the corporations of Washington and Georgetown, and all the property of said corporations, and of the County of Washington, is vested in the District of Columbia.
0.1.5
Former corporation continued for certain purposes.
The corporation of the District of Columbia is continued for all the purposes of this section and other acts, for the collection of taxes, for suing and being 3
CONTENTS
sued, for causes arising prior to June 20, 1874, and for acquiring and holding real estate for school and municipal purposes.
0.1.6
Records of former corporations and of levy court made property of District of Columbia.
All records, books, les, maps, plats, surveys, drawings, writings, and other papers, of the late corporations of Washington and Georgetown, or of the levy court of the District of Columbia, or made by persons in the employment or service of either of them, or of the District of Columbia, in the course of such employment or service, or which shall be so made after February 4, 1878, are, and shall be, the property of the District of Columbia.
0.1.7
Limits of City of Washington dened; Georgetown abolished; general laws of Washington extended to former Georgetown.
That portion of the District included within the limits of the City of Washington, as the same existed on the 21st day of February, 1871, and all that part of the District of Columbia embraced within the bounds and constituting on February 11, 1895, the City of Georgetown (as referred to in the Acts of Congress approved February 21, 1871, 16 Stat. 419, ch. 62, and June 20, 1874, 18 Stat. 116, ch. 337) shall be known as and shall constitute the City of Washington, the federal capital; and all general laws, ordinances, and regulations of the City of Washington are extended and made applicable to that part of the District of Columbia formerly known as the City of Georgetown. The title and existence of said Georgetown as a separate and independent city by law is abolished. Nothing in this section shall operate to aect or repeal existing law making Georgetown a port of entry, except as to its name.
0.1.8
Name of Uniontown changed to Anacostia.
That portion of the District of Columbia prior to April 22, 1886, known and designated as Uniontown, shall be known and designated as Anacostia.
0.1.9
Liability.
a District of Columbia. The District of Columbia shall defend any civil action or proceeding pending on August 5, 1997 in any court or other ocial municipal, state, or federal forum against the District of Columbia or its
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)
ocers, employees, or agents, and shall assume any liability resulting from such an action or proceeding. b State Justice Institute. The State Justice Institute shall not be liable for damages or equitable relief on the basis of the activities or operations of any federal or District of Columbia agency which receives funds through the State Justice Institute pursuant to this title. c United States. The United States, its ocers, employees, and agents, and its agencies shall not: 1 Be responsible for the payment of any judgments, liabilities or costs resulting from any action or proceeding against the District of Columbia or its agencies, ocers, employees, or agents; 2 Be subject to liability in any case on the basis of the activities of the District of Columbia or its agencies, ocers, employees, or agents; or 3 Be subject to liability in any case under section 1979 of the Revised Statutes (42 U.S.C. 1983). d Limitations. Nothing in this section shall be construed as a waiver of sovereign immunity, or as limiting any other defense or immunity that would otherwise be available to the United States, the District of Columbia, their agencies, ocers, employees, or agents.
0.1.10
Purpose.
The purpose of this initiative is to propose to the registered qualied electors of the District of Columbia the question of calling a statehood constitutional convention for the purpose of forming a constitution and otherwise providing a process for a major portion of the territory now known as the District of Columbia to be admitted in the Union as a state on equal footing with the other states. The acts of the convention shall be submitted for ratication by the people, as provided for in this initiative.
0.1.11
Questions to be presented to electors.
For the purpose of this initiative, the District of Columbia Board of Elections is authorized and directed to conduct at the next scheduled general, special,
CONTENTS
or primary election held after March 10, 1981, an election to ll the positions of delegate at-large and ward delegate to the constitutional convention, as prescribed in 1-124.
0.1.12
Call of convention; duties of convention; adoption of constitution; rejection of constitution; election of Senator and Representative.
a Within 60 days after the Board of Elections has certied the election of at-large and ward delegates to the constitutional convention pursuant to 1-124, the Mayor of the District of Columbia shall call a constitutional convention and assemble the elected delegates. The convention shall write a constitution within 90 days which shall be republican in form and shall not be repugnant to the Constitution or laws of the United States, and it shall otherwise prepare for the admission of a major portion of the territory now known as the District of Columbia as a state. b The proposed Constitution for the State of New Columbia, approved by Congress June 24, 1987, is amended to read as set forth in Volume 1 of the District of Columbia Code. c If a majority of the registered qualied electors voting reject the constitution, the Mayor shall within 60 calendar days call for the reassembly of the constitutional convention and thereafter a new constitution shall be framed and the same proceedings shall be taken for its submission to the electors of the District of Columbia: Except, that if the proposed constitution of a second constitutional convention is rejected by the registered qualied electors, then the task of writing a constitution acceptable to the electorate shall be abandoned until such time as a new constitutional convention is called for by either legislative action or voter initiative. d (1) Following the approval of a proposed constitution by a majority of the electors voting thereon, there shall be held an election of candidates for the oces of Senator and Representative from the new state. Such election shall be partisan and shall be held at the next regularly scheduled primary and general elections following certication by the District of Columbia Board of Elections that the proposed constitution has been approved by a majority of the electors voting thereon. In the event that the proposed constitution is approved by the electors at the general election to be held in November,
1982, the primary and general elections authorized by this paragraph shall be held in September, 1990, and November, 1990, respectively. 2 The qualications for candidates for the oces of Senator and Representative shall conform with the provisions of Article I of the United States Constitution and the primary and general elections shall follow the same electoral procedures as provided for candidates for nonvoting Delegate of the District of Columbia in the District of Columbia Election Code of 1955, subchapter I of Chapter 10 of this title. The term of the 1st Representative elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1993. The terms of the 1st Senators elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1997, and January 2, 1995, respectively. At the initial election, the candidate for Senator receiving the highest number of votes will receive the longer term and the candidate receiving the second highest number of votes will receive the shorter term. A primary and a general election to replace a Representative or a Senator whose term is about to expire shall be held in September and in November respectively, of the year preceding the year during which the term of the Representative or the Senator expires. Each Representative shall be elected for a 2-year term and each Senator shall be elected for a 6-year term as prescribed by the Constitution of the United States. 3 The District of Columbia Board of Elections shall: A Conduct elections to ll the positions of 2 United States Senators and 1 United States Representative; and B Issue such rules and expressly delegate authority to ocials and employees of the District of Columbia Board of Elections (such delegation of authority only to be eective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this initiative, and related acts requiring implementation by the District of Columbia Board of Elections. e A Representative or Senator elected pursuant to this subchapter shall be a public ocial as dened in 1-1162.24, and subscribe to the oath or armation of oce provided for in 1-604.08.
8 f A Representative or Senator:
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1 Shall inform the Congress and individual members of Congress that the District of Columbia residents meet the standards traditionally required by Congress for the admission of a United States territory as a state of the United States; 2 Shall monitor the progress of the petition for admission of New Columbia to statehood pending before the Congress and report on the progress to the District of Columbia residents; 3 May advise the District of Columbia on matters of public policy that bear on the achievement of statehood; 4 In accordance with subsection (g) of this section, may employ sta and expend funds donated by private sources for public purposes related to the achievement of statehood; and 5 Shall have any other powers or duties as may be provided by law. g (1) A Representative or Senator may solicit and receive contributions to support the purposes and operations of the Representatives or Senators public oce. A Representative or Senator may accept services, monies, gifts, endowments, donations, or bequests. A Representative or Senator shall establish a District of Columbia statehood fund in 1 or more nancial institutions in the District of Columbia. There shall be deposited in each fund any gift or contribution in whatever form, and any monies not included in annual Congressional appropriations. A Representative or Senator is authorized to administer the Representatives or Senators respective fund in any manner the Representative or Senator deems wise and prudent, provided that the administration is lawful, in accordance with the duciary responsibilities of public oce, and does not impose any nancial burden on the District of Columbia. 2 Contributions may be expended for the salary, oce, or other expenses necessary to support the purposes and operations of the public oce of a Representative or Senator, however, each Representative or Senator shall receive compensation no greater than the compensation of the Chairman
of the Council of the District of Columbia, as provided in 1-204.03 and 1611.09. 3 Each Representative or Senator shall le with the Director of Campaign Finance a quarterly report of all contributions received and expenditures made in accordance with paragraph (1) of this subsection. No campaign activities related to election or re-election to the oce of Representative or Senator shall be conducted nor shall expenditures for campaign literature or paraphernalia be authorized under paragraph (1) of this subsection. 4 The recordkeeping requirements of subchapter III of Chapter 11A of this title, shall apply to contributions and expenditures made under paragraph (1) of this subsection. 5 Upon expiration of a Representatives or Senators term of oce and where the Representative or Senator has not been re-elected, the Representatives or Senators statehood fund, established in accordance with paragraph (1) of this subsection, shall be dissolved and any excess funds shall be used to retire the Representatives or Senators debts for salary, oce, or other expenses necessary to support the purposes and operation of the public oce of the Representative or Senator. Any remaining funds shall be donated to an organization operating in the District of Columbia as a not-for-prot organization within the meaning of section 501(c) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. 501(c)). h A Representative or Senator elected pursuant to subsection (d) of this section, shall be subject to recall pursuant to 1-1001.17, during the period of the Representatives or Senators service prior to the admission of the proposed new state into the union.
0.1.13
Composition of convention; election of delegate candidates; compensation; oce space; appropriations.
a The constitutional convention authorized by this initiative shall consist of 45 delegates selected in the following manner: Five delegates elected at large; and 5 delegates elected from each of the 8 election wards.
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CONTENTS
b Candidates for at-large delegates shall le with the Board of Elections a nominating petition signed by at least 200 of the registered qualied electors of the District of Columbia such that there will be at least 25 certied signatures from each of the 8 election wards. The 5 candidates for at-large delegate who receive the highest number of votes shall be declared elected and shall serve for 3-year terms. c Candidates for the ward delegate positions shall le with the Board of Elections a nominating petition signed by at least 50 of the registered qualied electors from the election ward from which the candidate seeks nomination. The 5 candidates from each of the 8 election wards receiving the highest number of votes shall be declared elected to represent that ward and shall serve for 3-year terms. d Each of the elected delegates, as authorized by subsection (a) of this section, shall be entitled to receive $30 per diem when engaged in the performance of the duties of the constitutional convention. e (1) Except as they may be modied by this section, the election procedures prescribed by subchapter I of Chapter 10 of this title and subchapter III of Chapter 11A of this title for at-large and ward candidates for the Board of Education shall be applicable in respect to at-large and ward candidates for delegate to the constitutional convention. 2 Each candidate for delegate and each delegate to the constitutional convention shall be a registered qualied voting resident of the District of Columbia and the discontinuance of such residence shall result in forfeiture of the convention seat occupied by such delegate. Each candidate for delegate and each delegate representing a ward shall be a registered qualied voting resident of that ward and the discontinuance of such residence in that ward shall result in forfeiture of the convention seat occupied by such ward delegate. No ward delegate shall forfeit his or her seat solely by reason of a change in ward boundaries. 3 A vacancy in the convention arising from any cause shall be lled temporarily by the convention and such temporary appointee may serve for the remainder of the 3-year term or until such earlier time as the seat has been lled by an election which shall be held by the Board of Elections in accordance with its regulations concurrently with the earliest practicable special,
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primary, or general election being held to ll 1 or more oces other than that of convention delegate. f The District of Columbia government shall furnish such space in public buildings for the constitutional convention as is necessary to accommodate public attendance at convention hearings, meetings, and sessions, and shall provide all records and services as may be required by the constitutional convention for carrying out its function. g There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $400,000 to the constitutional convention for such expenses as it may have in carrying out its duties and responsibilities under this initiative. h There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $50,000 to the Board of Elections for the administration of the elections authorized in 1-122 and 1123(b), and in otherwise carrying out the provisions of this initiative.
0.1.14
Statehood Commission.
a The Statehood Commission shall consist of 27 voting members appointed in the following manner: 1 The Mayor of the District of Columbia shall appoint 2 members; 2 The Chairman of the Council of the District of Columbia shall appoint 2 members; 3 The at-large members of the Council shall each appoint 1 member; 4 The ward members of the Council shall each appoint 2 members from their respective wards; 5 The United States Senators shall each appoint 1 member; 6 The United States Representative shall appoint 1 member; and
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CONTENTS
7 The Mayor, the Chairman of the Council, and the Councilmember whose purview the Statehood Commission comes within shall be non-voting members of the Commission. a-1 (1) Notwithstanding any other provision of law, members serving unexpired terms on August 26, 1994, may continue to serve until appointments or reappointments are conrmed. Appointments or reappointments shall be made immediately after August 26, 1994, in the following manner: A The Mayor shall appoint 1 member for a term of 4 years and 1 member for a term of 2 years. B The Chairman shall appoint 1 member for a term of 4 years and 1 member for a term of 2 years. C The 2 senior at-large members of the Council shall each appoint 1 member for a 4 year term. D The 2 remaining at-large members of the Council shall each appoint 1 member for a 2 year term. E The ward members of the Council shall each appoint 2 members from their respective wards in the following manner: i ii One member for a 4 year term; and One member for a 2 year term.
F The senior United States Senator shall appoint 1 member for a 4 year term. G The junior United States Senator shall appoint 1 member for a 2 year term. H The United States Representative shall appoint 1 member for a 2 year term.
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2 All appointments or reappointments pursuant to subsection (a) of this section shall be for a term of 4 years. 3 A vacancy on the Commission shall be lled in the same manner that the original appointment was made. 4 A member of the Commission may continue to serve after the expiration of that members term until a successor is appointed. a-2 All members of the Statehood Commission shall be residents of the District of Columbia. a-3 The chairman of the Statehood Commission shall be elected every 2 years, by the members of the commission. b It shall be the duty of the Statehood Commission to educate, advocate, promote, and advance the proposition of statehood for the District of Columbia within the District of Columbia and elsewhere. c Repealed.
d The Commission shall meet at least once a month. All meetings of the Commission shall be open to the public.
0.1.15
Statehood Compact Commission.
a The Statehood Commission shall have the power to establish a commission to be known as the Statehood Compact Commission, which shall consist of members of the Statehood Commission as may be deemed necessary by the Commission, as well as an equal number of members representing the federal government as may be authorized by the President or the Congress of the United States. The Mayor, Chairman, and the Councilmember whose purview the Statehood Commission comes within shall be members of the Compact Commission. The Mayor, Chairman, and Councilmember may each delegate an individual to act in their place. b It shall be the duty of the Statehood Compact Commission:
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CONTENTS
1 To conduct a full and complete study of the necessary and appropriate legislation and administrative action that must be taken in order to facilitate the transfer of authority and functions over that portion of the District of Columbia which will comprise the new state; 2 To give special consideration to the relationship that should be developed to secure and maintain any special federal interest in the new state; and 3 To submit to the constitutional convention full and detailed reports with ndings and recommendations. 4 Repealed. c Repealed.
0.1.16
Appropriations.
There is authorized to be appropriated from the General Fund of the District of Columbia an amount for the salaries and oce expenses of the elected representatives to the Senate and House referred to in 1-123(d) during the period of their service prior to the admission of the proposed new state into the union.
0.1.17
Severability.
If any provisions or section of this measure, or the application thereof, shall in any circumstances be held invalid, such invalidity shall not aect the validity of the remainder of the provisions or applications.
0.1.18
Denitions.
For the purposes of this subpart, the term: 1 Commission means the District of Columbia Statehood Delegation Fund Commission. 2 District of Columbia Statehood Delegation means the 2 United States Senators and the United States Representative holding oce pursuant to 1-123.
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3 Fund means the Statehood Delegation Fund established by 1-129.08. 4 Statehood Fund means the fund established by each United States Senator and United States Representative pursuant to 1-123(g), and overseen by the Oce of Campaign Finance. 5 United States Representative means the District of Columbia public ocial elected pursuant to 1-123 to the oce of Representative, and charged with promoting statehood and voting rights for the citizens of the District of Columbia. 6 United States Senator means either of the 2 District of Columbia public ocials elected pursuant to 1-123 to the oce of Senator, and charged with promoting statehood and voting rights for the citizens of the District of Columbia.
0.1.19
Establishment of the District of Columbia Statehood Delegation Fund Commission; purpose; scal year.
a The District of Columbia Statehood Delegation Fund Commission is established as a body corporate and an independent instrumentality of the District of Columbia, created to eectuate the public purposes provided for in this subpart, but with a legal existence separate from that of the District government. b The general purposes of the Commission are to:
1 Provide nancial assistance to the oce functions of the oces of the District of Columbia Statehood Delegation; 2 Solicit nancial and in-kind contributions, grants, allocations, gifts, bequests, and appropriations from public and private sources on behalf of the District of Columbia Statehood Delegation; and 3 Disburse funds and other types of assistance collected by the Commission to the oces of the members of the District of Columbia Statehood Delegation.
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CONTENTS
c The scal year of the Commission shall be the scal year of the District government.
0.1.20
Commissioners.
a The Commission shall consist of 9 voting members to be appointed as follows: 1 Five members appointed by the Mayor; 2 Four members appointed by the Chairman of the Council, with the advice and consent of the Council. b (1) The Commission Chairman shall be chosen by the Mayor.
2 The Commission Vice Chairman shall be chosen by the Chairman of the Council. 3 The Commission shall elect from among its members such other ocers of the Commission as it determines appropriate. 4 Ocers shall have such duties, not inconsistent with this subpart, provided in the bylaws and as otherwise determined by the Commission. c Commissioners shall serve 3-year terms, except that the rst members appointed by the Chairman of the Council shall serve 2-year terms. All subsequent appointees shall serve 3-year terms. d Commissioners shall meet the following requirements:
1 All shall reside in the District of Columbia; 2 None shall be employees of the District or federal governments; and 3 None shall concurrently: A Hold oce as a member of the District of Columbia Statehood Delegation; or
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B Be employed by a member of the District of Columbia Statehood Delegation. e When deemed necessary, the Mayor may remove a Commission member, no matter how appointed, for ineciency, neglect of duty, malfeasance in oce, or conduct bringing disrespect to, or impugning the character or integrity of, the Commission. f A vacancy on the Commission shall be lled for the remainder of the unexpired term and in the same manner in which the original appointment was made. g Commission members may continue to serve after the expiration of their term until a successor is designated. The term of the successor shall be deemed to have commenced upon the expiration of the term of the previous member. h A majority of the number of Commission members serving shall constitute a quorum for the conduct of business. i As soon as practicable after appointment of a majority of its members, the Commission shall adopt bylaws, and may adopt guidelines, rules, and procedures for the governance of its aairs and the conduct of its business. j Commission members shall serve without compensation, but may receive travel, per diem, and other actual, reasonable, and necessary expenses incurred in the performance of their ocial duties as Commission members to the same extent as employees of the District government classied at a Grade 15, Step 1 of the District Service Salary Schedule for Nonunion Employees. In no event shall a Commission member receive more than $1,000 per year. Such reimbursement shall be paid from the Fund as described in 1-129.08(d) and shall be reported in the semiannual report described in 1-129.11. k The Commission may recruit honorary members based on criteria the Commission shall determine. The honorary members shall have no vote on the administration of the Fund or operation of the Commission.
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CONTENTS
0.1.21
Meetings of the Commission.
a Upon notice to the public, the Commission shall meet at a place in the District of Columbia open and accessible to the public at the times specied in the bylaws, which shall not be less than quarterly each year, and at other times at the call of the Chairman or as additionally provided in the bylaws. Notwithstanding any other District law or rule to the contrary, the Commission may meet by any electronic means; provided, that: 1 Each Commissioner may speak, hear, and be heard by the other Commission members; and 2 At least one Commission member is physically located in a site in the District of Columbia which is accessible and open to the public, and that reasonable steps have been taken to allow the public to hear the discussion and deliberation of the Commission. b All meetings of the Commission at which ocial action is to be taken shall be open to the public, as provided in 1-207.42, except for any portion of a meeting when there is discussion of specic potential donors. c The books and records of the Commission shall be open to the public, as provided in subchapter II of Chapter 5 of Title 2, except that documents regarding specic potential donors shall not be available for public inspection or copying.
0.1.22
a
Ocers and employees.
(1) Chapter 6 of Title 1 shall not apply to employees of the Commission.
2 The Executive Director of the Commission shall be a District resident and shall remain a District resident for the duration of his or her employment by the Commission. Failure to maintain District residency shall result in a forfeiture of the position. a-1 Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualied District resident applicant shall receive an additional 10-point preference over a qualied non-District resident applicant for all positions within the Commission unless the applicant declines the preference. This 10- point preference shall be in addition to, and not instead of, qualications
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established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Commission. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of bona de residency annually to the director of personnel of the Commission for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. b The semiannual report described in 1-129.11 shall describe the compensation structure and amount for any employees of the Commission, and a listing of the names of all new employees, their pay schedules, titles, and place of residence. c No political test or qualication shall be used in selecting, appointing, assigning, promoting, or taking other personnel actions with respect to employees of the Commission. d In carrying out its duties, the Commission may utilize contract services and, to the maximum extent possible, pro bono services; provided, that such services are itemized in the semiannual report of the Commission described in 1-129.11.
0.1.23
Limitations on actions; representation by Attorney General of the District of Columbia.
a Any legal action arising from the application of any rule or procedure adopted by or prescribed by, or with respect to any determination of, the Commission pursuant to this subpart shall be led within 90 days after the date of the occurrence of the event that is the subject of the legal proceeding. b In any legal action arising from actions of the Commission, or from the Commissions failure to act, the Commission shall be represented by the Attorney General of the District of Columbia, or counsel of its choosing.
0.1.24
Tax-exempt status.
The Commission and its income, property, transactions, and right to do business shall be exempt from any taxation, direct or indirect, within the District, including any sales, use, franchise, gross sales or receipts, income,
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CONTENTS
personal property, transfer, or excise tax. Contributions to the Fund shall be tax deductible.
0.1.25
Establishment of Statehood Delegation Fund.
a There is established a Statehood Delegation Fund, which shall be operated and maintained by the Commission in accordance with generally accepted accounting principles. b The Commission shall solicit contributions, appropriations, and grants to and for the benet of the Fund from public and private sources. c Except as provided in 1-129.12, all revenues, proceeds, and monies, from whatever source, collected or received by the Commission shall be credited to the Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District of Columbia, or any other funds or accounts of the District of Columbia. d The Commission shall pay its expenses from the Fund. Such expenses shall be for administrative purposes, for maintenance of its existence, preparation of reports pursuant to subsection (g) of this section and to 1-129.11, and to raise funds; provided, that the Commission may not expend more than 25 e (1) Quarterly, equal disbursements shall be made from the Fund to the Statehood Fund of each member of the District of Columbia Statehood Delegation. The amount of each disbursement shall be reported in the semiannual report described in 1-129.11. 2 Except as provided in subsection (f) of this section or in paragraph (3) of this subsection, each quarter, the 3 equal disbursements under subsection (a) of this section shall total an amount equal to the balance of the Fund after payment of expenses pursuant to subsection (d) of this section. 3 The Commission may disburse less than the full balance of the Fund, as provided in paragraph (2) of this subsection, if it determines, by a 2/3 vote of the Commission, that disbursing the full balance would be scally imprudent.
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f No disbursement shall be made under subsection (e) of this section to a member of the District of Columbia Statehood Delegation who is out of compliance with the ling and disclosure requirements of this subpart and applicable District or federal law, or who has used funds in violation of 1129.09, until such time as the violation has been corrected. In this instance, the 1/3 disbursement held back shall become part of the corpus from which the next quarterly disbursement, pursuant to subsection (e)(1) of this section shall be made. g The Commission shall transmit to the Mayor, the Council, and the Chief Financial Ocer quarterly reports summarizing the revenues and expenditures of the Fund. h All revenues and expenses of the Fund shall be audited annually by the Chief Financial Ocer, who shall transmit the audit to the Mayor and the Council. The expenses of the annual audit shall be defrayed by the Fund.
0.1.26
Use of funds.
a Except as provided in subsection (b) of this section, members of the District of Columbia Statehood Delegation may use funds provided by the Commission for any expense closely and directly related to the operation of their oce. b (1) Fund monies shall not be used by members of the District of Columbia Statehood Delegation for: A Campaign expenses related to any election, local or national;
B Any contributions to any candidate for federal or non-federal oce; C Any personal expenses, or travel expenses not closely and directly related to the oce the member holds; or D Any personal salary, or stipend.
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CONTENTS
2 The prohibition in paragraph (1)(D) of this subsection shall not limit the ability of a member of the District of Columbia Statehood Delegation to pay salaries to employees other than the member, or to pay vendors providing services closely and directly related to the oce the member holds. c Semiannually, each District of Columbia Statehood Delegation member shall provide the Commission with an accounting of the expenditures made with the money received from the Commission. The date by which the accounting is due shall be set by the Commission. The accounting shall be reported in the semiannual report described in 1-129.11.
0.1.27
Prohibition on political activity.
The Commission shall not expend funds: 1 To inuence legislation, other than in connection with testimony by a Commission member, ocer, or employee of the Commission before a committee of the Congress or the Council, or in response to a written request from a member of Congress or the Council; 2 To inuence the outcome of any election, national or local; 3 To political parties; or 4 To other organizations of any kind to support the lobbying eorts of any group or organization.
0.1.28
Reports.
Semiannually, the Commission shall submit to the Mayor, the Chairman of the Council, and the Chairman of the District of Columbia Board of Election and Ethics, a detailed written report of its activities, revenues, and expenditures (including the full name, home address, occupation, employer, and amount of each contributor of each nancial contribution, and the source, value, and form of each other gift, grant, bequest, or appropriation to the Fund), other information required by this subpart, and any other information deemed appropriate by the Commission. The Commission shall make each report available to the general public upon request.
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0.1.29
Dissolution; termination of aairs.
a Upon dissolution of the Commission, title to real and personal property of the Commission shall vest in the District. No property, assets, or earnings of the Commission shall at any time inure to any private person or entity. b The Commission may be dissolved by a vote of a majority of the Commission and approval by act of the Council; provided, that adequate provision has been made for all debts and obligations of the Commission..
0.1.30
Application of honoraria limitations.
Notwithstanding the provisions of 1-135, the honoraria limitations imposed by part H of subchapter I of Chapter 11 of this title shall apply to a Senator or Representative elected pursuant to 1-123(d)(1), only if the salary of the Senator or Representative is supported by public revenues.
0.1.31
Approval and ratication of Constitution.
No proposed Constitution for the State of New Columbia shall take eect as the Constitution of the State of New Columbia until approved by the Congress of the United States and ratied in a referendum by a majority of the registered qualied electors of the District of Columbia voting thereon.
0.1.32
Ocers of corporation.
The Mayor of the District of Columbia and the members of the Council of the District of Columbia shall be deemed and taken as ocers of such corporation.
0.1.33 0.1.34 0.1.35 0.1.36
Establishment of the 51st State Commission. [Not funded] Operations of the 51st State Commission. [Not funded] Applicability. [Not funded] Denitions.
For the purposes of this part, the term: 1 Commission means the Home Rule Act 40th Anniversary Celebration and Commemoration Commission established in 1-137.02.
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2 Fund means the Home Rule 40th Anniversary Celebration and Commemoration Fund established in 1-137.04. 3 Home Rule Act means Chapter 2 of this title.
0.1.37
Home Rule Act 40th Anniversary Celebration and Commemoration Commission.
a There is established a Home Rule 40th Anniversary Celebration and Commemoration Commission. The purpose of the Commission shall be to coordinate, plan, and promote events related to the 40th anniversary of the adoption of the Home Rule Act, and to administer the Fund. b The Commission shall be composed of 5 members, as follows:.
1 One Chairperson, appointed by the Mayor; 2 Two members appointed by the Mayor; and 3 Two members appointed by the Chairman of the Council. c The members of the Commission shall serve until the sunset of this part.
d A vacancy in the Commission resulting from the death or resignation of a member shall not aect its powers and shall be lled in the same manner in which the original appointment was made. e Each member of the Commission shall serve without compensation; provided, that each member may be reimbursed for actual expenses pursuant to 1- 611.08. f A majority of the members of the Commission shall constitute a quorum to conduct business.
0.1.38
Stang.
a The Commission shall appoint sta as needed who shall be paid from the Fund.
25
b Upon request of the Commission, the Mayor may detail sta, at no cost to the Commission, at any time to assist the Commission in carrying out its duties.
0.1.39
Home Rule 40th Anniversary Celebration and Commemoration Fund.
a There is established as a nonlapsing fund the Home Rule Act 40th Anniversary Celebration and Commemoration Fund, which shall be administered by the Commission, to be used for the purposes set forth in subsection (c) of this section. b A (1) Deposits into the Fund shall include: Federal funds, if any;
B Gifts, grants, and donations; and C Proceeds from the sale of memorabilia and information related to the 40th anniversary of the adoption of the Home Rule Act. 2 All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to scal year limitation, subject to authorization by Congress. c The Commission may expend monies in the Fund to celebrate and commemorate the 40th anniversary of the adoption of the Home Rule Act, including: 1 Planning, developing, and executing appropriate programs and activities; 2 Purchasing and selling merchandise related to the Home Rule Act, such as: A Books;
26 B Pamphlets; C Memorabilia; or D Other material;
CONTENTS
3 Identifying appropriate displays and activities to showcase the history of home rule and the quest by residents and ocials instrumental in the passage of the Home Rule Act to gain self-determination for the District of Columbia; 4 Identifying possible amendments to the Home Rule Act; 5 Outlining programs to involve the public in learning more about the Home Rule Act and self-determination in the District; 6 Making grants available, subject to the availability of funds in the Fund, through a competitive process, for educational programs to public schools, public charter schools, and other organizations; 7 Encouraging educational, historical, civic, and other organizations to participate in the anniversary activities to expand the understanding of the Home Rule Act and self-determination in the District; 8 Assuring that the observances appropriately recognize former mayors and members of the Council, and other people, who have contributed to the growth and development of elected government in the District; 9 Facilitating other activities, such as receptions, parades, or festivals, and the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public participating in the activities; and 10 Examining the Home Rule Act to determine the authority that shall be used to advance democracy for the District.
0.1.40
Reporting requirement.
a Beginning on September 30, 2012, the Commission shall submit quarterly reports to the Mayor and the Council, to include:
27
1 An accounting of the revenue and expenditures of the Commission, including a list of each: A Gift, grant, or donation with a value of $100 or greater, and the name, address, and occupation of each donor; and B Expenditure of $100 or greater, including the name and address of the recipient; 2 A summary of the proposed activities programs; and 3 Any recommendations for legislative or executive action. b Not later than September 30, 2014, the Commission shall submit a nal report to the Mayor and the Council that includes: 1 A nal accounting of the revenue and expenditures of the Commission, including a list of each gift, grant, or donation with a value of $100 or greater, and the name, address, and occupation of each donor; 2 A summary of the Commissions activities; and 3 Any recommendations for amendments to the Home Rule Act.
0.1.41
Implementation.
The Secretary of the District of Columbia shall be the implementing agency of the provisions of this part.
0.1.42
Use of District funds.
Except as provided in 1-137.02(e), no local funds shall be used to carry out this part.
0.1.43
Sunset.
This part shall expire on October 1, 2014.
28
CONTENTS
0.1.44
Territorial area.
The District of Columbia is that portion of the territory of the United States ceded by the State of Maryland for the permanent seat of government of the United States, including the river Potomac in its course through the District, and the islands therein.
0.1.45
Findings.
The Council of the District of Columbia nds that: 1 Section 2 of a joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the ag of the United States of America (36 U.S.C. 174) addresses the method, time, and places for the display of the United States ag: A The ag should be hoisted briskly and lowered ceremoniously.
B It is the universal custom to display the ag only from sunrise to sunset on buildings and stationary agstas in the open. When a patriotic eect is desired, however, the ag may be displayed 24 hours a day if properly illuminated during the hours of darkness. C The ag should not be displayed on days when the weather is inclement, except when an all-weather ag is displayed. D The ag should be displayed on all days, especially on those days designated as federal and state holidays. E The ag should be displayed daily on or near the main administration building of every public institution. F The ag should be displayed in or near every polling place on election days. G The ag should be displayed during school days in or near every schoolhouse. 2 The display of the District of Columbia ag will inculcate a spirit of patriotism in our citizens.
29
0.1.46
Requirements as to display.
The ag of the District of Columbia shall be displayed in the same manner, at the same time, and on the same occasions as the ag of the United States is displayed in the District of Columbia pursuant to and consistent with federal law.
0.1.47
Sta to be used.
Wherever practicable, the District of Columbia ag shall be own on the same sta as the United States ag.
0.1.48
Inside public buildings.
The ag of the District of Columbia shall be displayed inside all public buildings whenever and wherever the ag of the United States is displayed.
0.1.49
Notice to commercial property owners.
The Department of Finance and Revenue shall give notice of the provisions of this subchapter in each real property tax bill sent to commercial property owners in the next mailing immediately following July 1, 1982.
0.1.50
District of Columbia ocial ag.
The ag of the District of Columbia shall be 3 red stars in the upper portion of the ag (the chief), with 2 red horizontal bars on a eld of white. All proportions described in this section are expressed in relation to the ags vertical dimension (the hoist). The chief shall be 3/10 of the hoist, the horizontal red bars shall be 2/10, the base and white space between the 2 bars shall be 2/10 and 1/10, respectively. The red stars shall be 2/10 in diameter, and shall be spaced equidistant in the y. The length of the y shall depend on the proportions of the ag upon which this design may be displayed.
0.1.51
Inclusion of DC and No Taxation Without Representation within District of Columbia ag.
a After the design adopted under subsection (b) of this section becomes eective, the ag of the District of Columbia shall temporarily contain the language DC and No Taxation Without Representation.
30
CONTENTS
b The placement and design of the language prescribed in subsection (a) of this section shall be established by act of the Council. c The ag adopted pursuant to 1-151 and subsection (b) of this section shall be own ocially as of 90 days following the eective date of the act specied in subsection (b) of this section. d The language prescribed in subsection (a) of this section shall be removed from the ag when District of Columbia registered voters are able to vote for 2 Senators and one Representative with full rights and privileges in the Congress of the United States. e The language prescribed in subsection (a) of this section shall not be required in instances where a reproduction of the ag is placed as a symbol on motor vehicles, District of Columbia government letterhead, or other objects.
0.1.52
Flag Design Advisory Commission.
a There is established a Flag Design Advisory Commission (Commission) with the purpose of preparing a recommendation for the placement and design of the language DC and No Taxation Without Representation on the District of Columbia ag. b The Commission shall be composed of 7 members: the Mayor, or his or her designee; the Chairman of the Council, or his or her designee; the Chairman of the Councils Subcommittee on Labor, Voting Rights, and Redistricting, or his or her designee; 2 persons appointed by the Mayor; and 2 persons appointed by the Chairman of the Council. The Chairman of the Council shall designate the Commission Chairman. All appointments shall be made within 30 days of March 25, 2003. Vacancies shall be lled in the same manner as the initial appointment was made. c The Commission shall submit its recommendation in the form of a report to the Council no later than 4 months after March 25, 2003. The Commission shall approve its recommendation by a majority vote.
31
d Costs of the Commission and its members shall be borne by the members or paid through private contributions. The Commission is authorized to receive private-sector contributions. The Commission is authorized to use space and supplies owned or rented by the District of Columbia government, and to use sta loaned from the Council or detailed from the Mayor for such purposes consistent with this subchapter as the Commission may determine. e The Commission shall have the authority to create and operate under its own rules of procedure. f The books and records of the Commission shall be public documents.
0.1.53
Use of donations and grants for ag replacement.
The Mayor is authorized to solicit, receive, accept, and expend donations or grants from private sources to defray the costs of replacing existing District of Columbia ags with ags that include the language prescribed in 1152(a).
0.1.54
Capitalsaurus dinosaur.
a The Capitalsaurus dinosaur was discovered in January 1898, at First and F Streets, S.E., in the District of Columbia by workmen during a sewer connection project, and is the only known specimen of its kind in the world. b The Capitalsaurus was a large meat eating reptile which may be an ancestor of the T. (tyrannosaurus) rex. c About 110 million years ago, the Capitalsaurus lived in the District of Columbia with many other dinosaurs including herbivores. d During the lifetime of the Capitalsaurus, the District of Columbia resembled the bayou country of southern Louisiana. e The Capitalsaurus fossil discovered in 1898 is now at the Smithsonian Museum of Natural History in the type room. f The Capitalsaurus is unique to the District of Columbia because its fossil remains have not been discovered anywhere else in the world.
32
CONTENTS
g The vertebra of the dinosaur was given to the Smithsonian Institution as a gift by J.K. Murphy on January 28, 1898, and was recorded as accession number 33153 and specimen number NMNH 3049. h District of Columbia Public School students have been studying the Capitalsaurus and many other dinosaurs from this area for years. i The students have also helped to dig up dinosaurs fossils which are now part of the Smithsonians permanent collection. j The Capitalsaurus shall be the ocial Dinosaur of the District of Columbia.
0.1.55
Cherry designated ocial fruit
a Twenty-six states have an ocial fruit, 2 of which picked their ocial fruit based on suggestions from children. b Washington, D.C. is named in honor of our rst president, George Washington, who is symbolically associated with the cherry because of the wellknown tale of the president, as a child, and a certain cherry tree, the moral of which was the importance of honesty. c Every year, the District of Columbia holds the Cherry Blossom Festival, which includes a parade and other events celebrating the beauty of the cherry tree and the original gift, in 1912, of 3,000 cherry trees from the city of Tokyo to the people of Washington, D.C. d Washington, D.C. is more closely associated with the cherry than any other fruit. e The matter of an ocial fruit was studied by the students in Mr. Buntons class at Bowen Elementary School, and they proposed that the cherry be named the ocial fruit of the District of Columbia. f The District of Columbia Board of Education supports the students. g The cherry is hereby designated the ocial fruit of the District of Columbia.
33
0.1.56
Inclusion of DC and No Taxation Without Representation within District of Columbia ag.
Recodied as 1-152.
0.1.57
Flag Design Advisory Commission.
Recodied as 1-153.
0.1.58
Use of donations and grants for ag replacement.
Recodied as 1-154.
0.1.59
Denitions.
For the purposes of this subchapter, the term: 1 Emancipation Day Parade means the parade, and associated activities, including the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public, participants, and District government employees, held to celebrate and commemorate District of Columbia Emancipation Day. 2 Fund means the Emancipation Day Fund.
0.1.60
Establishment of Emancipation Day Parade.
There is established the Emancipation Day Parade, to annually celebrate and commemorate District of Columbia Emancipation Day.
0.1.61
Emancipation Day Fund.
a There is established the Emancipation Day Fund (Fund) to receive monies for the purposes of funding the Emancipation Day Parade and activities associated with the celebration and commemoration of District of Columbia Emancipation Day. b The monies in the Fund shall not be a part of, or lapse into, the General Fund of the District of Columbia or any other fund of the District.
34
CONTENTS
c By August 1st of each year, the Secretary of the District of Columbia shall submit a report to the Council that shall include a specic accounting of the expenditure of money in the Fund and any remaining balance. The report shall include: 1 The name of any donors or list of anonymous contributions; 2 The amount of each contribution; 3 A description of any donated property; 4 A description of the use of monies for presenting the Emancipation Day Parade; and 5 Costs of parade-related programs, activities, purchases, and functions for which the money have been expended. d Monies shall only be expended from the Fund for the administration of the Emancipation Day Parade. A minimum of 15
0.1.62 0.1.63
District of Columbia Home Rule. Election of the Attorney General.
a The Attorney General for the District of Columbia shall be elected on a partisan basis by the registered qualied electors of the District. Nothing in this section shall prevent a candidate for the position of Attorney General from belonging to a political party. b (1) If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Board of Elections and
35
Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which the vacancy occurs, unless the Board of Elections and Ethics determines that the vacancy could be more practicably lled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Attorney General to ll a vacancy in the Oce of the Attorney General shall take oce on the day in which the Board of Elections and Ethics certies his or her election, and shall serve as Attorney General only for the remainder of the term during which the vacancy occurred unless reelected.
2 When the position of Attorney General becomes vacant, the Chief Deputy Attorney General shall become the Acting Attorney General and shall serve from the date the vacancy occurs until the date on which the Board of Elections and Ethics certies the election of the new Attorney General at which time he or she shall again become the Chief Deputy Attorney General. While the Chief Deputy Attorney General is Acting Attorney General, he or she shall receive the compensation regularly paid the Attorney General, and shall receive no compensation as Chief Deputy Attorney General.
c The term of oce for the Attorney General shall be 4 years and shall begin on noon on January 2nd of the year following his or her election. The term of oce of the Attorney General shall coincide with the term of oce of the Mayor.
d Any candidate for the position of Attorney General shall meet the qualications of 1-301.83, prior to the day on which the election for the Attorney General is to be held.
e The rst election for the position of Attorney General shall be after January 1, 2014.
0.1.64
Short Title.
This chapter may be cited as the District of Columbia Home Rule Act.
36
CONTENTS
0.1.65
Purposes.
a Subject to the retention by Congress of the ultimate legislative authority over the nations capital granted by article I, 8, of the Constitution, the intent of Congress is to delegate certain legislative powers to the government of the District of Columbia; authorize the election of certain local ocials by the registered qualied electors in the District of Columbia; grant to the inhabitants of the District of Columbia powers of local self-government; modernize, reorganize, and otherwise improve the governmental structure of the District of Columbia; and, to the greatest extent possible, consistent with the constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters. b Congress further intends to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia and take certain other actions irrespective of whether the charter for greater self-government provided for in subchapter IV of this chapter is accepted or rejected by the registered qualied electors of the District of Columbia.
0.1.66
Denitions.
For the purposes of this chapter: 1 The term District means the District of Columbia. 2 The term Council means the Council of the District of Columbia provided for by part A of subchapter IV of this chapter. 3 The term Commissioner means the Commissioner of the District of Columbia established under Reorganization Plan No. 3 of 1967. 4 The term District of Columbia Council means the Council of the District of Columbia established under Reorganization Plan No. 3 of 1967. 5 The term Chairman means, unless otherwise provided in this Act, the Chairman of the Council provided for by part A of subchapter IV of this chapter. 6 The term Mayor means the Mayor provided for by part B of subchapter IV of this chapter.
37
7 The term act includes any legislation passed by the Council, except where the term Act [chapter] is used to refer to this chapter or other Acts of Congress herein specied. 8 The term capital project means any physical public betterment or improvement, the acquisition of property of a permanent nature, or the purchase of equipment or furnishings, and includes: A Costs of any preliminary plans, studies, and surveys in connection with such betterment, improvement, acquisition, or purchase; B Costs incidental to such betterment, improvement, acquisition, or purchase, and the nancing thereof, including the cost of any election, professional fees, printing or engraving, production and reproduction of documents, publication of notices, taking of title, bond insurance, and interest during construction; and C The reimbursement of any fund or account for amounts expended for the payment of any such costs. 9 The term pending, when applied to any capital project, means authorized but not yet completed. 10 The term District revenues means all funds derived from taxes, fees, charges, miscellaneous receipts, grants and other forms of nancial assistance, or the sale of bonds, notes, or other obligations, and any funds administered by the District government under cost sharing arrangements. 11 The term election, unless the context otherwise provides, means an election held pursuant to the provisions of this chapter. 12 The terms publish and publication, unless otherwise specically provided herein, mean publication in a newspaper of general circulation in the District. 13 The term District of Columbia Courts means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
38
CONTENTS
14 The term resources means revenues, balances, enterprise or other revolving funds, and funds realized from borrowing. 15 The term budget means the entire request for appropriations or loan or spending authority for all activities of all departments or agencies of the District of Columbia nanced from all existing, proposed, or anticipated resources, and shall include both operating and capital expenditures.
0.1.67
a
Redevelopment Land Agency.
-(e) [Omitted]
f For the purpose of 1-207.13(d), employees in the District of Columbia Redevelopment Land Agency shall be deemed to be transferred to the District of Columbia as of January 2, 1975 without a break in service.
0.1.68
National Capital Housing Authority.
a The National Capital Housing Authority (hereinafter referred to as the Authority) established under 6-101.01 to 6-102.05 shall be an agency of the District of Columbia government subject to the organizational and reorganizational powers specied in 1-204.04(b) and 1-204.22(12). b All functions, powers, and duties of the President under 6-101.01 to 6-102.05 shall be vested in and exercised by the Mayor. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, and assets and liabilities of the Authority are authorized to be transferred to the District of Columbia government.
0.1.69 0.1.70
National Capital Planning Commission and Municipal Planning. [Omitted] District of Columbia Manpower Administration.
a All functions of the Secretary of Labor (hereafter in this section referred to as the Secretary) under section 3 of the Act entitled An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes, approved June 6, 1933 (29 U.S.C. 49-49k), with respect to the maintenance of a public employment service for the District, are transferred to the Mayor.
39
After the eective date of this transfer, the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the nancing of such service, as he has with the States (with respect to a public employment service in the states) generally. b The Mayor is authorized and directed to establish and administer a public employment service in the District and to that end he shall have all necessary powers to cooperate with the Secretary in the same manner as a State under the Act of June 6, 1933, specied in subsection (a) of this section. c [Omitted].
d All functions of the Secretary of Labor and of the Director of Apprenticeship under the Act entitled An Act to provide for voluntary apprenticeship in the District of Columbia, approved May 20, 1946, 1933 (29 U.S.C. 4949k) are transferred to and shall be exercised by the Mayor. The Oce of Director of Apprenticeship provided for in 32-1403 is abolished. e All functions of the Secretary under chapter 81 of title 5 of the United States Code, with respect to the processing of claims led by employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Mayor, eective the day after the day on which the District establishes an independent personnel system or systems. f So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available in connection with functions transferred to the Mayor by the provisions of this section, as the Director of the Federal Oce of Management and Budget shall determine, are authorized to be transferred from the Secretary to the Mayor. g Any employee in the competitive service of the United States transferred to the government of the District under the provisions of this section shall retain all the rights, benets, and privileges pertaining thereto held prior to such transfer. h [Omitted]
40
CONTENTS
0.1.71
District charter preamble.
The charter for the District of Columbia set forth in subchapter IV of this chapter shall establish the means of governance of the District following its acceptance by a majority of the registered qualied electors of the District voting thereon in the charter referendum held with respect thereto.
0.1.72
Legislative power.
Except as provided in 1-206.01 to 1-206.03, the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this chapter subject to all the restrictions and limitations imposed upon the states by the 10th section of the 1st article of the Constitution of the United States.
0.1.73
Charter amending procedure.
a The charter set forth in subchapter IV of this chapter (including any provision of law amended by such subchapter), except 1-204.01(a) and 1-204.21(a), and part C of such subchapter, may be amended by an act passed by the Council and ratied by a majority of the registered qualied electors of the District voting in the referendum held for such ratication. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections and Ethics certies that such act was ratied by a majority of the registered qualied electors voting thereon in such referendum. b An amendment to the charter ratied by the registered electors shall take eect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specied in 1-206.04, disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day
41
period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law. c The Board of Elections and Ethics shall prescribe such rules as are necessary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to subchapter IV of this chapter according to the procedures specied in subsection (a) of this section. d The amending procedure provided in this section may not be used to enact any law or aect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specied in 1-206.01 to 1-206.03.
0.1.74
Creation and membership.
a There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualied electors of the District. b (1) The Council established under subsection (a) of this section shall consist of 13 members elected on a partisan basis. The Chairman and 4 members shall be elected at large in the District, and 8 members shall be elected 1 each from the 8 election wards established, from time to time, under Chapter 10 of this title. The term of oce of the members of the Council shall be 4 years, except as provided in paragraph (3) of this subsection, and shall begin at noon on January 2nd of the year following their election. 2 In the case of the rst election held for the oce of member of the Council after January 2, 1975, not more than 2 of the at-large members (excluding the Chairman) shall be nominated by the same political party. Thereafter, a political party may nominate a number of candidates for the oce of atlarge member of the Council equal to 1 less than the total number of at-large members (excluding the Chairman) to be elected in such election. 3 To ll a vacancy in the Oce of Chairman, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays
42
CONTENTS
and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Chairman to ll a vacancy in the Oce of Chairman shall take oce on the day in which the Board of Elections and Ethics certies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Oce of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman. 4 Of the members rst elected after January 2, 1975, the Chairman and 2 members elected at large and 4 of the members elected from election wards shall serve for 4-year terms; and 2 of the at-large members and 4 of the members elected from election wards shall serve for 2-year terms. The members to serve the 4-year terms and the members to serve the 2-year terms shall be determined by the Board of Elections and Ethics by lot, except that not more than one of the at-large members nominated by any political party shall serve for any such 4-year term. c The Council may establish and select such other ocers and employees as it deems necessary and appropriate to carry out the functions of the Council. d (1) In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected as a member to ll a vacancy on the Council shall take oce on the day on which the Board of Elections and Ethics certies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. 2 In the event of a vacancy in the Oce of Mayor, and if the Chairman becomes a candidate for the Oce of Mayor to ll such vacancy, the Oce of Chairman shall be deemed vacant as of the date of the ling of his candidacy. In the event of a vacancy in the Council of a member elected at large, other
43
than a vacancy in the Oce of Chairman, who is aliated with a political party, the central committee of such political party shall appoint a person to ll such vacancy, until the Board of Elections and Ethics can hold a special election to ll such vacancy, and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person appointed to ll such vacancy shall take oce on the date of his appointment and shall serve as a member of the Council until the day on which the Board certies the election of the member elected to ll such vacancy in either a special election or a general election. The person elected as a member to ll such a vacancy on the Council shall take oce on the day on which the Board of Elections and Ethics certies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. With respect to a vacancy on the Council of a member elected at large who is not aliated with any political party, the Council shall appoint a similarly non-aliated person to ll such vacancy until such vacancy can be lled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take oce and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party. 3 Notwithstanding any other provision of this section, at no time shall there be more than 3 members (including the Chairman) serving at large on the Council who are aliated with the same political party.
0.1.75
Qualications for holding oce.
No person shall hold the oce of member of the Council, including the Oce of Chairman, unless he: (1) Is a qualied elector; (2) is domiciled in the District and if he is nominated for election from a particular ward, resides in the ward from which he is nominated; (3) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for such oce is to be held; and (4) holds no public oce (other than his employment in and position as a member of the Council), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while a member of the Council, from serving as a
44
CONTENTS
delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. A member of the Council shall forfeit his oce upon failure to maintain the qualications required by this section, and, in the case of the Chairman, 1-204.03(c).
0.1.76
Compensation.
a Each member of the Council shall receive compensation, payable in periodic installments, at a rate equal to the maximum rate as may be established from time to time for grade 12 of the General Schedule under 5332 of Title 5 of the United States Code. On and after the end of the 2-year period beginning on the day the members of the Council rst elected under this chapter take oce, the Council may, by act, increase or decrease such rate of compensation. Such change in compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of members of the Council beginning after the date of enactment of such change. b All members of the Council shall receive additional allowances for actual and necessary expenses incurred in the performance of their duties of oce as may be approved by the Council. c The Chairman shall not engage in any employment (whether as an employee or as a self-employed individual) or hold any position (other than his position as Chairman), for which he is compensated in an amount in excess of his actual expenses in connection therewith. d Notwithstanding subsection (a), as of December 21, 2001, the Chairman shall receive compensation, payable in equal installments, at a rate equal to $10,000 less than the annual compensation of the Mayor.
0.1.77
Powers of the Council.
a Subject to the limitations specied in 1-206.01 to 1-206.04, the legislative power granted to the District by this chapter is vested in and shall be exercised by the Council in accordance with this chapter. In addition, except as otherwise provided in this chapter, all functions granted to or imposed
45
upon, or vested in or transferred to the District of Columbia Council, as established by Reorganization Plan No. 3 of 1967, shall be carried out by the Council in accordance with the provisions of this chapter. b The Council shall have authority to create, abolish, or organize any oce, agency, department, or instrumentality of the government of the District and to dene the powers, duties, and responsibilities of any such oce, agency, department, or instrumentality. c The Council shall adopt and publish rules of procedures which shall include provisions for adequate public notication of intended actions of the Council. d Every act shall be published and codied upon becoming law as the Council may direct. e An act passed by the Council shall be presented by the Chairman of the Council to the Mayor, who shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after the act is presented to him, either approve or disapprove such act. If the Mayor shall approve such act, he shall indicate the same by axing his signature thereto, and such act shall become law subject to the provisions of 1-206.02(c). If the Mayor shall disapprove such act, he shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after it is presented to him, return such act to the Council setting forth in writing his reasons for such disapproval. If any act so passed shall not be returned to the Council by the Mayor within 10 calendar days after it shall have been presented to him, the Mayor shall be deemed to have approved it, and such act shall become law subject to the provisions of 1-206.02(c) unless the Council by a recess of 10 days or more prevents its return, in which case it shall not become law. If, within 30 calendar days after an act has been timely returned by the Mayor to the Council with his disapproval, two-thirds of the members of the Council present and voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of 1- 206.02(c). f In the case of any budget act adopted by the Council pursuant to 1204.46 and submitted to the Mayor in accordance with subsection (e) of this section, the Mayor shall have power to disapprove any items or provisions, or both, of such act and approve the remainder. In any case in which the Mayor
46
CONTENTS
so disapproves of any item or provision, he shall append to the act when he signs it a statement of the item or provision which he disapproves, and shall, within such 10-day period, return a copy of the act and statement with his objections to the Council. If, within 30 calendar days after any such item or provision so disapproved has been timely returned by the Mayor to the Council, two-thirds of the members of the Council present and voting vote to reenact any such item or provision, such item or provision so reenacted shall be transmitted by the Chairman to the President of the United States. In any case in which the Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor shall be deemed to have approved such item or provision not returned, and such item or provision not returned shall be transmitted by the Chairman to the President of the United States. In the case of any budget act for a scal year which is a control year (as dened in 47-393(4)), this subsection shall apply as if the reference in the second sentence to ten-day period were a reference to ve-day period and the reference in the third sentence to thirty calendar days were a reference to 5 calendar days.
0.1.78
7. Adoption of acts to carry out subpart.
The Council of the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this subpart within 180 days of the eective date of this subpart. Neither a petition initiating an initiative nor a referendum may be presented to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.
0.1.79
5. Adoption of acts to carry out subpart.
The Council of the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this subpart within 180 days of October 27, 1978. No petition for recall may be presented to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.
0.1.80
Acts, resolutions, and requirements for quorum.
a The Council, to discharge the powers and duties imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of the Council present and voting, unless otherwise provided in this chapter or by the Council. Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes. Each proposed act (other than an act to which 1-204.46 applies) shall be read twice in
47
substantially the same form, with at least 13 days intervening between each reading. Upon nal adoption by the Council each act shall be made immediately available to the public in a manner which the Council shall determine. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take eect immediately upon enactment, such act shall be eective for a period of not to exceed 90 days. Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specically authorized by that act and must be designed to implement that act. b A special election may be called by resolution of the Council to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action. c A majority of the Council shall constitute a quorum for the lawful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings.
0.1.81
Investigations by the Council.
a The Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the aairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the Council (if the Council is conducting the inquiry) or any member of the committee may issue subpoenas, and administer oaths upon resolution adopted by the Council or committee, as appropriate. b In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Council by resolution may refer the matter to the Superior Court of the District of Columbia, which may by order require such person to appear and give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such order
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CONTENTS
may be punished by such Court as a contempt thereof as in the case of failure to obey a subpoena issued, or to testify, in a case pending before such Court.
0.1.82
Election, qualications, vacancy, and compensation.
a There is established the Oce of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualied electors of the District. b The Mayor, established by subsection (a) of this section, shall be elected, on a partisan basis, for a term of 4 years beginning at noon on January 2nd of the year following his election. c (1) No person shall hold the Oce of Mayor unless he: (A) Is a qualied elector; (B) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for Mayor is to be held; and (C) is not engaged in any employment (whether as an employee or as a self-employed individual) and holds no public ofce or position (other than his employment in and position as Mayor), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall be construed as prohibiting such person, while holding the Oce of Mayor, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. The Mayor shall forfeit his oce upon failure to maintain the qualications required by this paragraph. 2 To ll a vacancy in the Oce of Mayor, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Mayor to ll a vacancy in the Oce of Mayor shall take oce on the day on which the Board of Elections and Ethics certies his election, and shall serve as Mayor only for the remainder of the term during which such vacancy occurred. When the Oce of Mayor becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such vacancy occurs until the date on which
49
the Board of Elections and Ethics certies the election of the new Mayor at which time he shall again become Chairman. While the Chairman is Acting Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return of the regularly elected Chairman. d The Mayor shall receive compensation, payable in equal installments, at a rate equal to the maximum rate, as may be established from time to time, for level III of the Executive Schedule in 5314 of Title 5 of the United States Code. Such rate of compensation may be increased or decreased by act of the Council. Such change in such compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of Mayor next beginning after the date of such change. In addition, the Mayor may receive an allowance, in such amount as the Council may from time to time establish, for ocial, reception, and representation expenses, which he shall certify in reasonable detail to the Council.
0.1.83
Powers and duties.
The executive power of the District shall be vested in the Mayor who shall be the chief executive ocer of the District government. In addition, except as otherwise provided in this chapter, all functions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan No. 3 of 1967, shall be carried out by the Mayor in accordance with this chapter. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the aairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions: 1 The Mayor may designate the ocer or ocers of the executive department of the District who may, during periods of disability or absence from the District of the Mayor, execute and perform the powers and duties of the Mayor. 2 The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel
50
CONTENTS
in the Oce of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in eect on the date immediately preceding January 2, 1975, were subject to appointment and removal by the Commissioner of the District of Columbia. All actions aecting such personnel and such members shall, until such time as legislation is enacted by the Council superseding such laws and establishing a permanent District government merit system, pursuant to paragraph (3) of this section, continue to be subject to the provisions of acts of Congress relating to the appointment, promotion, discipline, separation, and other conditions of employment applicable to ocers and employees of the District government, to 1-207.13, and where applicable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order No. 5491 of November 18, 1930, relating to the appointment of District personnel. He shall appoint or assign persons to positions formerly occupied, ex ocio, by the Commissioner of the District of Columbia or by the Assistant to the Commissioner and shall have power to remove such persons from such positions. The ocers and employees of each agency with respect to which legislative power is delegated by this chapter and which immediately prior to January 2, 1975, was not subject to the administrative control of the Commissioner of the District, shall continue to be appointed and removed in accordance with applicable laws until such time as such laws may be superseded by legislation passed by the Council establishing a permanent District government merit system pursuant to paragraph (3) of this section.
3 The Mayor shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, oces and agencies, except as otherwise provided by this chapter. Personnel legislation enacted by Congress prior to or after January 2, 1975, including, without limitation, legislation relating to appointments, promotions, discipline, separations, pay, unemployment compensation, health, disability and death benets, leave, retirement, insurance, and veterans preference applicable to employees of the District government as set forth in 1-207.14(c), shall continue to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District government merit system. The District government merit system shall be established by act of the Council. The system shall apply with respect to the compensation of employees of the District government during scal year 2006 and each succeeding scal year, except that the system may provide for continued participation in all or part
51
of the Federal Civil Service System and shall provide for persons employed by the District government immediately preceding the eective date of such system personnel benets, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benets, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such ocers and employees immediately prior to the eective date of the system established pursuant to this chapter, except that nothing in this chapter shall prohibit the District from separating an ocer or employee subject to such system in the implementation of a nancial plan and budget for the District government approved under subpart B of subchapter VII of Chapter 3 of Title 47, and except that nothing in this section shall prohibit the District from paying an employee overtime pay in accordance with 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). The District government merit system shall take eect not earlier than 1 year nor later than 5 years after January 2, 1975. 4 The Mayor shall, through the heads of administrative boards, oces, and agencies, supervise and direct the activities of such boards, oces, and agencies. 5 The Mayor may submit drafts of acts to the Council. 6 The Mayor may delegate any of his functions (other than the function of approving or disapproving acts passed by the Council or the function of approving contracts between the District and the federal government under 1-207.31) to any ocer, employee, or agency of the executive oce of the Mayor, or to any director of an executive department who may, with the approval of the Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be construed to permit the Mayor to delegate any functions assigned to the Chief Financial Ocer of the District of Columbia under subchapter I-A of Chapter 3 of Title 47, without regard to whether such functions are assigned to the Chief Financial Ocer under such section during a control year (as dened in 47-393(4)) or during any other year. 7 The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the Mayor. The City Administrator shall be the chief administrative ocer of the Mayor, and he shall assist the Mayor in carrying out
52
CONTENTS
his functions under this chapter, and shall perform such other duties as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established by the Mayor. 8 The Mayor may propose to the executive or legislative branch of the United States government legislation or other action dealing with any subject, whether or not falling within the authority of the District government, as dened in this chapter. 9 The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the District in accordance with law. 10 The Mayor shall have the right, under rules to be adopted by the Council, to be heard by the Council or any of its committees. 11 The Mayor is authorized to issue and enforce administrative orders, not inconsistent with this or any other Act of the Congress or any act of the Council, as are necessary to carry out his functions and duties. 12 The Mayor may reorganize the oces, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within 60 days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization.
0.1.84
Municipal planning.
a The Mayor shall be the central planning agency for the District. He shall be responsible for the coordination of planning activities of the municipal government and the preparation and implementation of the Districts elements of the comprehensive plan for the National Capital which may include land use elements, urban renewal and redevelopment elements, a multi-year program of municipal public works for the District, and physical, social, economic, transportation, and population elements. The Mayors planning responsibility shall not extend to federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as dened in 10-503.11 and 10-503.26, or to any extension thereof or addition
53
thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen involvement in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region aected by any aspect of a proposed District element of the comprehensive plan (including amendments thereto) aecting or relating to the District. b The Mayor shall submit the Districts elements and amendments thereto to the Council for revision or modication, and adoption by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amendments thereto to the National Capital Planning Commission for review and comment with regard to the impact of such elements or amendments on the interests and functions of the federal establishment, as determined by the Commission. c Such elements and amendments thereto shall be subject to and limited by determinations with respect to the interests and functions of the federal establishment as determined in the manner provided by act of Congress.
0.1.85
In general.
a Establishment. There is hereby established within the executive branch of the government of the District of Columbia an Oce of the Chief Financial Ocer of the District of Columbia (hereafter referred to as the Ofce), which shall be headed by the Chief Financial Ocer of the District of Columbia (hereafter referred to as the Chief Financial Ocer). b Organizational analysis.
1 Oce of Budget and Planning. The name of the Oce of Budget and Management, established by Commissioners Order 69-96, issued March 7, 1969, is changed to the Oce of Budget and Planning. 2 Oce of Tax and Revenue. The name of the Department of Finance and Revenue, established by Commissioners Order 69-96, issued March 7, 1969, is changed to the Oce of Tax and Revenue.
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CONTENTS
3 Oce of Finance and Treasury. The name of the Oce of Treasurer, established by Mayors Order 89-244, dated October 23, 1989, is changed to the Oce of Finance and Treasury. 4 Oce of Financial Operations and Systems. The Oce of the Controller, established by Mayors Order 89-243, dated October 23, 1989, and the Oce of Financial Information Services, established by Mayors Order 89- 244, dated October 23, 1989, are consolidated into the Oce of Financial Operations and Systems. c Transfers. Eective with the appointment of the rst Chief Financial Ocer under 1-204.24b, the functions and personnel of the following oces are established as subordinate oces within the Oce: 1 The Oce of Budget and Planning, headed by the Deputy Chief Financial Ocer for the Oce of Budget and Planning. 2 The Oce of Tax and Revenue, headed by the Deputy Chief Financial Ocer for the Oce of Tax and Revenue. 3 The Oce of Research and Analysis, headed by the Deputy Chief Financial Ocer for the Oce of Research and Analysis. 4 The Oce of Financial Operations and Systems, headed by the Deputy Chief Financial Ocer for the Oce of Financial Operations and Systems. 5 The Oce of Finance and Treasury, headed by the District of Columbia Treasurer. 6 The Lottery and Charitable Games Control Board, established by Chapter 13 of Title 3. d Supervisor. The heads of the oces listed in subsection (c) of this section shall serve at the pleasure of the Chief Financial Ocer.
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e Appointment and removal of oce employees. The Chief Financial Ocer shall appoint the heads of the subordinate oces designated in subsection (c) of this section, after consultation with the Mayor and the Council. The Chief Financial Ocer may remove the heads of the oces designated in subsection (c) of this section, after consultation with the Mayor and the Council. f Annual budget submission. The Chief Financial Ocer shall prepare and annually submit to the Mayor of the District of Columbia, for inclusion in the annual budget of the District of Columbia government for a scal year, annual estimates of the expenditures and appropriations necessary for the year for the operation of the Oce and all other District of Columbia accounting, budget, and nancial management personnel (including personnel of executive branch independent agencies) that report to the Oce pursuant to this chapter.
0.1.86
a
Appointment of the Chief Financial Ocer.
Appointment.
1 In general. The Chief Financial Ocer shall be appointed by the Mayor with the advice and consent, by resolution, of the Council. Upon conrmation by the Council, the name of the Chief Financial Ocer shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Aairs of the Senate for a 30- day period of review and comment before the appointment takes eect. 2 Special rule for control years. During a control year, the Chief Financial Ocer shall be appointed by the Mayor as follows: A Prior to the appointment, the Authority may submit recommendations for the appointment to the Mayor. B In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.
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CONTENTS
C After the expiration of the 7-day period which begins on the date the Mayor noties the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination. D The nomination shall be eective subject to approval by a majority vote of the Authority. b Term.
1 In general. All appointments made after June 30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The appointments shall have an anniversary date of July 1. 2 Transition. For purposes of 1-204.24a 1-204.24f, the individual serving as Chief Financial Ocer as of October 16, 2006, shall be deemed to have been appointed under this subsection, except that such individuals initial term of oce shall begin upon such date and shall end on June 30, 2007. 3 Continuance. Any Chief Financial Ocer may continue to serve beyond his term until a successor takes oce. 4 Vacancies. Any vacancy in the Oce of Chief Financial Ocer shall be lled in the same manner as the original appointment under subsection (a) of this section. 5 Pay. The Chief Financial Ocer shall be paid at an annual rate equal to the rate of basic pay payable for level I of the Executive Schedule.
0.1.87
Removal of the Chief FinanciaL Ocer.
a In general. The Chief Financial Ocer may only be removed for cause by the Mayor, subject to the approval of the Council by a resolution approved by not fewer than 2/3 of the members of the Council. After approval of the resolution by the Council, notice of the removal shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Aairs
57
of the Senate for a 30- day period of review and comment before the removal takes eect. b Special rule for control years. During a control year, the Chief Financial Ocer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.
0.1.88
Duties of the Chief Financial Ocer.
Notwithstanding any provisions of this chapter which grant authority to other entities of the District government, the Chief Financial Ocer shall have the following duties and shall take such steps as are necessary to perform these duties: 1 During a control year, preparing the nancial plan and the budget for the use of the Mayor for purposes of part B of subchapter VII of Chapter 3 of Title 47. 2 Preparing the budgets of the District of Columbia for the year for the use of the Mayor for purposes of part D of this subchapter, and preparing the 5- year nancial plan based upon the adopted budget for submission with the District of Columbia budget by the Mayor to Congress. 3 During a control year, assuring that all nancial information presented by the Mayor is presented in a manner, and is otherwise consistent with, the requirements of parts A through E of subchapter VII of Chapter 3 of Title 47. 4 Implementing appropriate procedures and instituting such programs, systems, and personnel policies within the Chief Financial Ocers authority, to ensure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis and to ensure that appropriations are not exceeded. 5 Preparing and submitting to the Mayor and the Council, with the approval of the Authority during a control year, and making public
58
CONTENTS
A annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under part D of this subchapter, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Ocer; and B quarterly re-estimates of the revenues of the District of Columbia during the year. 6 Supervising and assuming responsibility for nancial transactions to ensure adequate control of revenues and resources. 7 Maintaining systems of accounting and internal control designed to provide
A full disclosure of the nancial impact of the activities of the District government; B adequate nancial information needed by the District government for management purposes; C eective control over, and accountability for, all funds, property, and other assets of the District of Columbia; and D reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget. 8 Submitting to the Council a nancial statement of the District government, containing such details and at such times as the Council may specify. 9 Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia for taxation, preparing tax maps, and providing such notice of taxes and special assessments (as may be required by law).
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10 Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may be required by law), and receiving all amounts paid to the District of Columbia from any source (including the Authority). 11 Maintaining custody of all public funds belonging to or under the control of the District government (or any department or agency of the District government), and depositing all amounts paid in such depositories and under such terms and conditions as may be designated by the Council (or by the Authority during a control year). 12 Maintaining custody of all investment and invested funds of the District government or in possession of the District government in a duciary capacity, and maintaining the safekeeping of all bonds and notes of the District government and the receipt and delivery of District government bonds and notes for transfer, registration, or exchange. 13 Apportioning the total of all appropriations and funds made available during the year for obligation so as to prevent obligation or expenditure in a manner which would result in a deciency or a need for supplemental appropriations during the year, and (with respect to appropriations and funds available for an indenite period and all authorizations to create obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations in the most eective and economical manner. 14 Certifying all contracts and leases (whether directly or through delegation) prior to execution as to the availability of funds to meet the obligations expected to be incurred by the District government under such contracts and leases during the year. 15 Prescribing the forms of receipts, vouchers, bills, and claims to be used by all agencies, oces, and instrumentalities of the District government. 16 Certifying and approving prior to payment of all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government, and determining the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges.
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17 In coordination with the Inspector General of the District of Columbia, performing internal audits of accounts and operations and records of the District government, including the examination of any accounts or records of nancial transactions, giving due consideration to the eectiveness of accounting systems, internal control, and related administrative practices of the departments and agencies of the District government. 18 Exercising responsibility for the administration and supervision of the District of Columbia Treasurer. 19 Supervising and administering all borrowing programs for the issuance of long-term and short-term indebtedness, as well as other nancing-related programs of the District government. 20 Administering the cash management program of the District government, including the investment of surplus funds in governmental and nongovernmental interest-bearing securities and accounts. 21 Administering the centralized District government payroll and retirement systems (other than the retirement system for police ocers, re ghters, and teachers). 22 Governing the accounting policies and systems applicable to the District government. 23 Preparing appropriate annual, quarterly, and monthly nancial reports of the accounting and nancial operations of the District government. 24 Not later than 120 days after the end of each scal year, preparing the complete nancial statement and report on the activities of the District government for such scal year, for the use of the Mayor under 1204.48(a)(4). 25 Preparing scal impact statements on regulations, multiyear contracts, contracts over $1,000,000 and on legislation, as required by 1-301.47a.
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26 Preparing under the direction of the Mayor, who has the specic responsibility for formulating budget policy using Chief Financial Ocer technical and human resources, the budget for submission by the Mayor to the Council and to the public and upon nal adoption to Congress and to the public. 27 Certifying all collective bargaining agreements and nonunion pay proposals prior to submission to the Council for approval as to the availability of funds to meet the obligations expected to be incurred by the District government under such collective bargaining agreements and nonunion pay proposals during the year. 28 With respect to attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia during scal year 2006 and each succeeding scal year A requiring such attorneys to certify in writing that the attorney or representative of the attorney rendered any and all services for which the attorney received an award in such a case, including those received under a settlement agreement or as part of an administrative proceeding, from the District of Columbia; B requiring such attorneys, as part of the certication under subparagraph (A) of this paragraph, to disclose any nancial, corporate, legal, membership on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients in any such cases; and C preparing and submitting quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certication of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to such attorneys.
0.1.89
Functions of Treasurer.
At all times, the Treasurer shall have the following duties:
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CONTENTS
1 Assisting the Chief Financial Ocer in reporting revenues received by the District government, including submitting annual and quarterly reports concerning the cash position of the District government not later than 60 days after the last day of the quarter (or year) involved. Each such report shall include the following: A Comparative reports of revenue and other receipts by source, including tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and advances. Each source shall be broken down into specic components. B Statements of the cash ow of the District government for the preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment. Such statements shall reect the actual, planned, better or worse dollar amounts and the percentage change with respect to the current quarter, year-to-date, and scal year. C Quarterly cash ow forecast for the quarter or year involved, reecting receipts, disbursements, net change in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment with respect to the actual dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding quarters. D Monthly reports reecting a detailed summary analysis of all District of Columbia government investments, including i the total of long-term and short-term investments;
ii a detailed summary analysis of investments by type and amount, including purchases, sales (maturities), and interest; iii an analysis of investment portfolio mix by type and amount, including liquidity, quality/risk of each security, and similar information; iv an analysis of investment strategy, including near-term strategic plans and projects of investment activity, as well as forecasts of future investment strategies based on anticipated market conditions, and similar information; and
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) v an analysis of cash utilization, including
63
I comparisons of budgeted percentages of total cash to be invested with actual percentages of cash invested and the dollar amounts; II comparisons of the next return on invested cash expressed in percentages (yield) with comparable market indicators and established District of Columbia government yield objectives; and III comparisons of estimated dollar return against actual dollar yield.
E Monthly reports reecting a detailed summary analysis of long-term and short-term borrowings inclusive of debt as authorized by 1-206.03, in the current scal year and the amount of debt for each succeeding scal year not to exceed 5 years. All such reports shall reect i the amount of debt outstanding by type of instrument;
ii the amount of authorized and unissued debt, including availability of short-term lines of credit, United States Treasury borrowings, and similar information; iii iv a maturity schedule of the debt; the rate of interest payable upon the debt; and
v the amount of debt service requirements and related debt service reserves. 2 Such other functions assigned to the Chief Financial Ocer under subsection (d) as the Chief Financial Ocer may delegate.
0.1.90
Denitions.
For purposes of this part 1 the term Authority means the District of Columbia Financial Responsibility and Management Assistance Authority established under 47391.01(a);
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2 the term control year has the meaning given such term under 47393(4); and 3 the term District government has the meaning given such term under 47-393(5).
0.1.91
Authority of Chief Financial Ocer over Personnel of Oce and Other Financial Personnel.
a In general. Notwithstanding any provision of law or regulation (including any law or regulation providing for collective bargaining or the enforcement of any collective bargaining agreement), employees of the Oce of the Chief Financial Ocer of the District of Columbia, including personnel described in subsection (b) of this section, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Ocer of the District of Columbia, and shall be considered at-will employees not covered by Chapter 6 of this title, except that nothing in this section may be construed to prohibit the Chief Financial Ocer from entering into a collective bargaining agreement governing such employees and personnel or to prohibit the enforcement of such an agreement as entered into by the Chief Financial Ocer. b Personnel. The personnel described in this subsection are as follows:
1 The General Counsel to the Chief Financial Ocer and all other attorneys in the Oce of the General Counsel within the Oce of the Chief Financial Ocer of the District of Columbia, together with all other personnel of the Oce. 2 All other individuals hired or retained as attorneys by the Chief Financial Ocer or any oce under the personnel authority of the Chief Financial Ocer, each of whom shall act under the direction and control of the General Counsel to the Chief Financial Ocer. 3 The heads and all personnel of the subordinate oces of the Oce (as described in 1-204.24a(b) and established as subordinate oces in 1204.24a(c)) and the Chief Financial Ocers, Agency Fiscal Ocers, and Associate Chief Financial Ocers of all District of Columbia executive branch subordinate and independent agencies (in accordance with subsection (c)),
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together with all other District of Columbia accounting, budget, and nancial management personnel (including personnel of executive branch independent agencies, but not including personnel of the legislative or judicial branches of the District government). c Appointment of certain executive branch agency chief nancial ocers.
1 In general. The Chief Financial Ocers and Associate Chief Financial Ocers of all District of Columbia executive branch subordinate and independent agencies (other than those of a subordinate oce of the Oce) shall be appointed by the Chief Financial Ocer, in consultation with the agency head, where applicable. The appointment shall be made from a list of qualied candidates developed by the Chief Financial Ocer. 2 Transition. Any executive branch agency Chief Financial Ocer appointed prior to October 16, 2006, may continue to serve in that capacity without reappointment. d Independent authority over legal personnel. Subchapter VIII-B of Chapter 6 of this title shall not apply to the Oce of the Chief Financial Ocer or to attorneys employed by the Oce. e Inapplicability to water and sewer authority. The authority of the Chief Financial Ocer under this section does not apply to personnel of the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.
0.1.92
Procurement authority of the Chief Financial Ocer
The Chief Financial Ocer shall carry out procurement of goods and services for the Oce of the Chief Financial Ocer through a procurement oce or division which shall operate independently of, and shall not be governed by, the Oce of Contracting and Procurement established under Unit A of Chapter 3 of Title 2 or any successor oce, except the provisions applicable under such unit to procurement carried out by the Chief Procurement Ocer established by 2-301.05 or any successor oce shall apply with respect to the procurement carried out by the Chief Financial Ocers procurement oce or division.
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CONTENTS
0.1.93
Judicial powers.
No person may serve at the same time on both the District of Columbia Judicial Nomination Commission and on the District of Columbia Commission on Judicial Disabilities and Tenure. a The judicial power of the District is vested in the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District and of any criminal case under any law applicable exclusively to the District. The Superior Court has no jurisdiction over any civil or criminal matter over which a United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of Appeals has jurisdiction of appeals from the Superior Court and, to the extent provided by law, to review orders and decisions of the Mayor, the Council, or any agency of the District. The District of Columbia courts shall also have jurisdiction over any other matters granted to the District of Columbia courts by other provisions of law. b The chief judge of a District of Columbia court shall be designated by the District of Columbia Judicial Nominating [Nomination] Commission established by 1-204.34 from among the judges of the court in regular active service, and shall serve as chief judge for a term of four years or until a successor is designated, except that the term as chief judge shall not extend beyond the chief judges term as a judge of a District of Columbia court. An individual shall be eligible for redesignation as chief judge. c A judge of a District of Columbia court appointed on or after the date of enactment of the District of Columbia Court Reorganization Act of 1970 [July 29, 1970] shall be appointed for a term of fteen years subject to mandatory retirement at age seventy-four or removal, suspension, or involuntary retirement pursuant to 1-204.32 and upon completion of such term, such judge shall continue to serve until reappointed or a successor is appointed and qualies. A judge may be reappointed as provided in subsection (c) of 1- 204.33. d (1) There is established a District of Columbia Commission on Judicial Disabilities and Tenure (hereinafter referred to as the Tenure Commission). The Tenure Commission shall consist of seven members selected in accordance with the provisions of subsection (e). Such members shall serve
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for terms of six years, except that the member selected in accordance with subsection (e)(3)(A) shall serve for ve years; of the members rst selected in accordance with subsection (e)(3)(B), one member shall serve for three years and one member shall serve for six years; of the members rst selected in accordance with subsection (e)(3)(C), one member shall serve for a term of three years and one member shall serve for ve years; the member rst selected in accordance with subsection (e)(3)(D) shall serve for six years; and the member rst appointed in accordance with subsection (e)(3)(E) shall serve for six years. In making the respective rst appointments according to subsections (e)(3)(B) and (e)(3)(C), the Mayor and the Board of Governors of the unied District of Columbia Bar shall designate, at the time of such appointments, which member shall serve for the shorter term and which member shall serve for the longer term. 2 The Tenure Commission shall act only at meetings called by the Chairman or a majority of the Tenure Commission held after notice has been given of such meeting to all Tenure Commission members. 3 The Tenure Commission shall choose annually, from among its members, a Chairman and such other ocers as it may deem necessary. The Tenure Commission may adopt such rules of procedures not inconsistent with this chapter as may be necessary to govern the business of the Tenure Commission. 4 The District government shall furnish to the Tenure Commission, upon the request of the Tenure Commission, such records, information, services, and such other assistance and facilities as may be necessary to enable the Tenure Commission properly to perform its functions. Information so furnished shall be treated by the Tenure Commission as privileged and condential. e (1) No person may be appointed to the Tenure Commission unless such person A is a citizen of the United States;
B is a bona de resident of the District and has maintained an actual place of abode in the District for at least ninety days immediately prior to appointment; and
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CONTENTS
C is not an ocer or employee of the legislative branch or of an executive or military department or agency of the United States (listed in sections 101 and 102 of title 5 of the United States Code); and (except with respect to the person appointed or designated according to paragraph (3) (E)) is not an ocer or employee of the judicial branch of the United States, or an ocer or employee of the District government (including its judicial branch). 2 Any vacancy on the Tenure Commission shall be lled in the same manner in which the original appointment was made. Any person so appointed to ll a vacancy occurring other than upon the expiration of a prior term shall serve only for the remainder of the unexpired term of such persons predecessor. 3 In addition to all other qualications listed in this section, lawyer members of the Tenure Commission shall have the qualications prescribed for persons appointed as judges of the District of Columbia courts. Members of the Tenure Commission shall be appointed as follows: A One member shall be appointed by the President of the United States.
B Two members shall be appointed by the Board of Governors of the unied District of Columbia Bar, both of whom shall have been engaged in the practice of law in the District for at least ve successive years preceding their appointment. C Two members shall be appointed by the Mayor, one of whom shall not be a lawyer. D One member shall be appointed by the Council, and shall not be a lawyer. E One member shall be appointed by the chief judge of the United States District Court for the District of Columbia, and such member shall be an active or retired Federal judge serving in the District. f Any member of the Tenure Commission who is an active or retired Federal judge shall serve without additional compensation. Other members shall receive the daily equivalent at the rate provided by grade 18 of the General
69
Schedule, established under section 5332 of title 5 of the United States Code, while actually engaged in service for the Commission. g The Tenure Commission shall have the power to suspend, retire, or remove a judge of a District of Columbia court as provided in 1-204.32 and to make recommendations regarding the appointment of senior judges of the District of Columbia courts as provided in 11-1504.
0.1.94
Removal, suspension, and involuntary retirement.
Suspension under this paragraph shall continue until termination of all appeals. If the conviction is reversed or the order of removal is set aside, the judge shall be reinstated and shall recover any salary and all other rights and privileges of oce. a (1) A judge of a District of Columbia court shall be removed from oce upon the ling in the District of Columbia Court of Appeals by the Tenure Commission of an order of removal certifying the entry, in any court within the United States, of a nal judgment of conviction of a crime which is punishable as a felony under Federal law or which would be a felony in the District. 2 A judge of a District of Columbia court shall also be removed from oce upon armance of an appeal from an order of removal led in the District of Columbia Court of Appeals by the Tenure Commission (or upon expiration of the time within which such an appeal may be taken) after a determination by the Tenure Commission of A willful misconduct in oce,
B willful and persistent failure to perform judicial duties, or C any other conduct which is prejudicial to the administration of justice or which brings the judicial oce into disrepute. b A judge of a District of Columbia court shall be involuntarily retired from oce when (1) the Tenure Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously
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CONTENTS
interferes with, the proper performance of judicial duties, and (2) the Tenure Commission les in the District of Columbia Court of Appeals an order of involuntary retirement and the order is armed on appeal or the time within which an appeal may be taken from the order has expired. c (1) A judge of a District of Columbia court shall be suspended, without salary A upon
i proof of conviction of a crime referred to in subsection (a)(1) which has not become nal, or ii the ling of an order of removal under subsection (a)(2) which has not become nal; and B upon the ling by the Tenure Commission of an order of suspension in the District of Columbia Court of Appeals. 2 A judge of a District of Columbia court shall be suspended from all judicial duties, with such retirement salary as the judge may be entitled, upon the ling by the Tenure Commission of an order of involuntary retirement under subsection (b) in the District of Columbia Court of Appeals. Suspension shall continue until termination of all appeals. If the order of involuntary retirement is set aside, the judge shall be reinstated and shall recover judicial salary less any retirement salary received and shall be entitled to all the rights and privileges of oce. 3 A judge of a District of Columbia court shall be suspended from all or part of the judges judicial duties, with salary, if the Tenure Commission, upon concurrence of ve members, (A) orders a hearing for the removal or retirement of the judge pursuant to this part and determines that such suspension is in the interest of the administration of justice, and (B) les an order of suspension in the District of Columbia Court of Appeals. The suspension shall terminate as specied in the order (which may be modied, as appropriate, by the Tenure Commission) but in no event later than the termination of all appeals.
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0.1.95
Nomination and appointment of judges.
a Except as provided in 1-204.34(d)(1), the President shall nominate, from the list of persons recommended by the District of Columbia Judicial Nomination Commission established under 1-204.34, and, by and with the advice and consent of the Senate, appoint all judges of the District of Columbia courts. b No person may be nominated or appointed a judge of a District of Columbia court unless the person 1 is a citizen of the United States; 2 is an active member of the unied District of Columbia Bar and has been engaged in the active practice of law in the District for the ve years immediately preceding the nomination or for such ve years has been on the faculty of a law school in the District, or has been employed as a lawyer by the United States or the District of Columbia government; 3 is a bona de resident of the District of Columbia and has maintained an actual place of abode in the District for at least ninety days immediately prior to the nomination, and shall retain such residency while serving as such judge, except judges appointed prior to the eective date of this part who retain residency as required by 11-1501(a) shall not be required to be residents of the District to be eligible for reappointment or to serve any term to which reappointed; 4 is recommended to the President, for such nomination and appointment, by the District of Columbia Judicial Nomination Commission; and 5 has not served, within a period of two years prior to the nomination, as a member of the Tenure Commission or of the District of Columbia Judicial Nomination Commission. c Not less than six months prior to the expiration of the judges term of oce, any judge of the District of Columbia courts may le with the Tenure Commission a declaration of candidacy for reappointment. If a declaration is not so led by any judge, a vacancy shall result from the expiration of the term of oce and shall be lled by appointment as provided in subsections
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CONTENTS
(a) and (b) of this section. If a declaration is so led, the Tenure Commission shall, not less than sixty days prior to the expiration of the declaring candidates term of oce, prepare and submit to the President a written evaluation of the declaring candidates performance during the present term of oce and the candidates tness for reappointment to another term. If the Tenure Commission determines the declaring candidate to be well qualied for reappointment to another term, then the term of such declaring candidate shall be automatically extended for another full term, subject to mandatory retirement, suspension, or removal. If the Tenure Commission determines the declaring candidate to be qualied for reappointment to another term, then the President may nominate such candidate, in which case the President shall submit to the Senate for advice and consent the renomination of the declaring candidate as judge. If the President determines not to so nominate such declaring candidate, the President shall nominate another candidate for such position only in accordance with the provisions of subsections (a) and (b) of this section. If the Tenure Commission determines the declaring candidate to be unqualied for reappointment to another term, then the President shall not submit to the Senate for advice and consent the renomination of the declaring candidate as judge and such judge shall not be eligible for reappointment or appointment as a judge of a District of Columbia court.
0.1.96
District of Columbia Judicial Nomination Commission.
a There is established for the District of Columbia the District of Columbia Judicial Nomination Commission (hereafter in this section referred to as the Commission). The Commission shall consist of seven members selected in accordance with the provisions of subsection (b). Such members shall serve for terms of six years, except that the member selected in accordance with subsection (b)(4)(A) shall serve for ve years; of the members rst selected in accordance with subsection (b)(4)(B), one member shall serve for three years and one member shall serve for six years; of the members rst selected in accordance with subsection (b)(4)(C), one member shall serve for a term of three years and one member shall serve for ve years; the member rst selected in accordance with subsection (b)(4)(D) shall serve for six years; and the member rst appointed in accordance with subsection (b)(4)(E) shall serve for six years. In making the respective rst appointments according to subsections (b)(4)(B) and (b)(4)(C), the Mayor and the Board of Governors of the unied District of Columbia Bar shall designate, at the time of such
73
appointments, which member shall serve for the shorter term and which member shall serve for the longer term. b A (1) No person may be appointed to the Commission unless the person is a citizen of the United States;
B is a bona de resident of the District and has maintained an actual place of abode in the District for at least 90 days immediately prior to appointment; and C is not a member, ocer, or employee of the legislative branch or of an executive or military department or agency of the United States (listed in sections 101 and 102 of title 5 of the United States Code); and (except with respect to the person appointed or designated according to paragraph (4) (E)) is not an ocer or employee of the judicial branch of the United States, or an ocer or employee of the District government (including its judicial branch). 2 Any vacancy on the Commission shall be lled in the same manner in which the original appointment was made. Any person so appointed to ll a vacancy occurring other than upon the expiration of a prior term shall serve only for the remainder of the unexpired term of such persons predecessor. 3 It shall be the function of the Commission to submit nominees for appointment to positions as judges of the District of Columbia courts in accordance with 1-204.33. 4 In addition to all other qualications listed in this section, lawyer members of the Commission shall have the qualications prescribed for persons appointed as judges for the District of Columbia courts. Members of the Commission shall be appointed as follows: A One member shall be appointed by the President of the United States.
B Two members shall be appointed by the Board of Governors of the unied District of Columbia Bar, both of whom shall have been engaged in the practice of law in the District for at least ve successive years preceding their appointment.
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CONTENTS
C Two members shall be appointed by the Mayor, one of whom shall not be a lawyer. D One member shall be appointed by the Council, and shall not be a lawyer. E One member shall be appointed by the chief judge of the United States District Court for the District of Columbia, and such member shall be an active or retired Federal judge serving in the District. 5 Members of the Commission shall serve without compensation for services rendered in connection with their ocial duties on the Commission. c (1) The Commission shall act only at meetings called by the Chairman or a majority of the Commission held after notice has been given of such meeting to all Commission members. Meetings of the Commission may be closed to the public. Section 1-207.42 shall not apply to meetings of the Commission. 2 The Commission shall choose annually, from among its members, a Chairman, and such other ocers as it may deem necessary. The Commission may adopt such rules of procedures not inconsistent with this chapter as may be necessary to govern the business of the Commission. 3 The District government shall furnish to the Commission, upon the request of the Commission, such records, information, services, and such other assistance and facilities as may be necessary to enable the Commission properly to perform its function. Information, records, and other materials furnished to or developed by the Commission in the performance of its duties under this section shall be privileged and condential. Section 552 of title 5, United States Code (known as the Freedom of Information Act), shall not apply to any such materials. d (1) In the event of a vacancy in any position of the judge of a District of Columbia court, the Commission shall, within sixty days following the occurrence of such vacancy, submit to the President, for possible nomination and appointment, a list of three persons for each vacancy. If more than one vacancy exists at one given time, the Commission must submit lists in which no person is named more than once and the President may select more than
75
one nominee from one list. Whenever a vacancy will occur by reason of the expiration of such judges term of oce, the Commissions list of nominees shall be submitted to the President not less than sixty days prior to the occurrence of such vacancy. In the event the President fails to nominate, for Senate conrmation, one of the persons on the list submitted to the President under this section within sixty days after receiving such list, the Commission shall nominate, and with the advice and consent of the Senate, appoint one of those persons to ll the vacancy for which such list was originally submitted to the President. 2 In the event any person recommended by the Commission to the President requests that the recommendation be withdrawn, dies, or in any other way becomes disqualied to serve as a judge of the District of Columbia courts, the Commission shall promptly recommend to the President one person to replace the person originally recommended. 3 In no instance shall the Commission recommend any person, who in the event of timely nomination following a recommendation by the Commission, does not meet, upon such nomination, the qualications specied in 1204.33. 4 Upon submission to the President, the name of any individual recommended under this subsection shall be made public by the Judicial Nomination Commission.
0.1.97
Eective Dates.
a Subchapters I and V, and parts A and G, and 1-207.22 of subchapter VII shall take eect on December 24, 1973. b Sections 1-207.12, 1-207.13, 1-207.14, and 1-207.15 of subchapter VII, and section 1-204.01(b) of subchapter IV, and subchapter II shall take effect July 1, 1974, except that any provision thereof which in eect transfer authority to appoint any citizen member of the National Capital Planning Commission of the District of Columbia Redevelopment Land Agency shall take eect January 2, 1975. c Subchapter III and IV, except 1-204.01(b) of subchapter IV, shall take eect January 2, 1975, if subchapter IV is accepted by a majority of the
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registered qualied electors in the District of Columbia voting on the charter issue in the charter referendum. d Subchapter VI and parts D and F and 1-207.11, 1-207.16, 1- 207.17, 1-207.18, 1-207.19, 1-207.21, and 1-207.23 of subchapter VII shall take eect only if and upon the date that subchapter IV becomes eective. e Part E of subchapter VII shall take eect on the date on which subchapter IV is accepted by a majority of the registered qualied electors in the District of Columbia voting on the charter issue in the charter referendum.
0.1.98
Fiscal year.
a In general. Except as provided in subsection (b) of this section, the scal year of the District shall, beginning on October 1, 1976, commence on the rst day of October of each year and shall end on the 30th day of September of the succeeding calendar year. Such scal year shall also constitute the budget and accounting year. b Exceptions.
1 Armory Board. The scal year for the Armory Board shall begin on the rst day of January and shall end on the thirty-rst day of December of each calendar year. 2 Schools. Eective with respect to scal year 2007 and each succeeding scal year, the scal year for the District of Columbia Public Schools (including public charter schools) and the University of the District of Columbia may begin on the rst day of July and end on the thirtieth day of June of each calendar year.
0.1.99
Submission of annual budget.
a At such time as the Council may direct, the Mayor shall prepare and submit to the Council each year, and make available to the public, an annual budget for the District of Columbia government which shall include:
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1 The budget for the forthcoming scal year in such detail as the Mayor determines necessary to reect the actual nancial condition of the District government for such scal year, and specify the agencies and purposes for which funds are being requested; and which shall be prepared on the assumption that proposed expenditures resulting from nancial transactions undertaken on either an obligation or cash outlay basis, for such scal year shall not exceed estimated resources from existing sources and proposed resources; 2 An annual budget message which shall include supporting nancial and statistical information on the budget for the forthcoming scal year and information on the approved budgets and expenditures for the immediately preceding 3 scal years; 3 A multiyear plan for all agencies of the District government as required under 1-204.43; 4 A multiyear capital improvements plan for all agencies of the District government as required under 1-204.44; 5 A program performance report comparing actual performance of as many programs as is practicable for the last completed scal year against proposed goals for such programs for such year, and, in addition, presenting as many qualitative or quantitative measures of program eectiveness as possible (including results of statistical sampling or other special analyses), and indicating the status of eorts to comply with the reports of the District of Columbia Auditor and the Comptroller General of the United States; 6 An issue analysis statement consisting of a reasonable number of issues, identied by the Council in its action on the budget in the preceding scal year, having signicant revenue or budgetary implications, and other similar issues selected by the Mayor, which shall consider the cost and benets of alternatives and the rationale behind action recommended or adopted; and 7 A summary of the budget for the forthcoming scal year designed for distribution to the general public.
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b The budget prepared and submitted by the Mayor shall include, but not be limited to, recommended expenditures at a reasonable level for the forthcoming scal year for the Council, the District of Columbia Auditor, the District of Columbia Board of Elections and Ethics, the District of Columbia Judicial Nomination Commission, the Zoning Commission of the District of Columbia, the Public Service Commission, the Armory Board, the Commission on Judicial Disabilities and Tenure, and the District of Columbia Water and Sewer Authority.
c The Mayor from time to time may prepare and submit to the Council such proposed supplemental or deciency budget recommendations as in his judgment are necessary on account of laws enacted after transmission of the budget or are otherwise in the public interest. The Mayor shall submit with such proposals a statement of justications, including reasons for their omission from the annual budget. Whenever such proposed supplemental or deciency budget recommendations are in an amount which would result in expenditures in excess of estimated resources, the Mayor shall make such recommendations as are necessary to increase resources to meet such increased expenditures.
d The Mayor shall prepare and submit to the Council a proposed supplemental or deciency budget recommendation under subsection (c) of this section if the Council by resolution requests the Mayor to submit such a recommendation.
0.1.100
Multiyear plan.
The Mayor shall prepare and include in the annual budget a multiyear plan for all agencies included in the District budget, for all sources of funding, and for such program categories as the Mayor identies. Such plan shall be based on the actual experience of the immediately preceding 3 scal years, on the approved current scal year budget, and on estimates for at least the 4 succeeding scal years. The plan shall include, but not be limited to, provisions identifying:
1 Future cost implications of maintaining programs at currently authorized levels, including anticipated changes in wage, salary, and benet levels;
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2 Future cost implications of all capital projects for which funds have already been authorized, including identication of the amount of already appropriated but unexpended capital project funds; 3 Future cost implications of new, improved, or expanded programs and capital project commitments proposed for each of the succeeding 4 scal years; 4 The eects of current and proposed capital projects on future operating budget requirements; 5 Revenues and funds likely to be available from existing revenue sources at current rates or levels; 6 The specic revenue and tax measures recommended for the forthcoming scal year and for the next following scal year necessary to balance revenues and expenditures; 7 The actuarial status and anticipated costs and revenues of retirement systems covering District employees; and 8 Total debt service payments in each scal year in which debt service payments must be made for all bonds which have been or will be issued, and all loans from the United States Treasury which have been or will be received, to nance the total cost on a full funding basis of all projects listed in the capital improvements plan prepared under 1-204.44; and for each such scal year, the percentage relationship of the total debt service payments (with payments for issued and proposed bonds and loans from the United States Treasury, received or proposed, separately identied) to the bonding limitation for the current and forthcoming scal year as specied in 1- 206.03(b).
0.1.101
Multiyear capital improvements plan.
The Mayor shall prepare and include in the annual budget a multiyear capital improvements plan for all agencies of the District which shall be based upon the approved current scal year budget and shall include:
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1 The status, estimated period of usefulness, and total cost of each capital project on a full funding basis for which any appropriation is requested or any expenditure will be made in the forthcoming scal year and at least 4 scal years thereafter, including an explanation of change in total cost in excess of 5 2 An analysis of the plan, including its relationship to other programs, proposals, or elements developed by the Mayor as the central planning agency for the District pursuant to 1-204.23; 3 Identication of the years and amounts in which bonds would have to be issued, loans made, and costs actually incurred on each capital project identied; and 4 Appropriate maps or other graphics.
0.1.102
District of Columbia courts budget.
The District of Columbia courts shall prepare and annually submit to the Director of the Oce of Management and Budget, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the District of Columbia court system. The courts shall submit as part of their budgets both a multiyear plan and a multiyear capital improvements plan and shall submit a statement presenting qualitative and quantitative descriptions of court activities and the status of eorts to comply with reports of the Comptroller General of the United States.
0.1.103
Water and Sewer Authority budget.
a In general. The District of Columbia Water and Sewer Authority established pursuant to Chapter 22 of Title 34 shall prepare and annually submit to the Mayor, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the operation of the Authority for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to 1-204.46 and 1-206.03(c), without revision but subject to his recommendations. Notwithstanding any other provision of this chapter, the Council may comment or make recommendations concerning such annual estimates, but shall have no authority under this chapter to revise such estimates.
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b Permitting expenditure of excess revenues for capital projects in excess of budget. Notwithstanding the amount appropriated for the District of Columbia Water and Sewer Authority for capital projects for a scal year, if the revenues of the Authority for the year exceed the estimated revenues of the Authority provided in the annual budget of the District of Columbia for the scal year, the Authority may obligate or expend an additional amount for capital projects during the year equal to the amount of such excess revenues.
0.1.104
Enactment of appropriations by Congress.
The Council, within 56 calendar days after receipt of the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual budget for the District of Columbia government. Any supplements thereto shall also be adopted by act by the Council after public hearing. Such budget so adopted shall be submitted by the Mayor to the President for transmission by him to the Congress. Except as provided in 1-204.45a(b), 1204.46a, 1- 204.46b, 1-204.67(d), 1-204.71(c), 1-204.72(d)(2), 1-204.75(e)(2), 1-204.83(d), and 1-204.90(f), (g), (h)(3), and (i)(3), no amount may be obligated or expended by any ocer or employee of the District of Columbia government unless such amount has been approved by Act of Congress, and then only according to such Act. Notwithstanding any other provision of this chapter, the Mayor shall not transmit any annual budget or amendments or supplements thereto, to the President of the United States until the completion of the budget procedures contained in this chapter. After the adoption of the annual budget for a scal year (beginning with the annual budget for scal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but only if any additional expenditures provided under such request for an activity are oset by reductions in expenditures for another activity.
0.1.105
Permitting increase in amount appropriated as local funds during a scal year.
a In general. Notwithstanding the fourth sentence of 1-204.46, to account for an unanticipated growth of revenue collections, the amount appropriated as District of Columbia funds under budget approved by Act of Congress as provided in such section may be increased
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1 by an aggregate amount of not more than 25 percent, in the case of amounts allocated under the budget as Other-Type Funds; and 2 by an aggregate amount of not more than 6 percent, in the case of any other amounts allocated under the budget. b Conditions. The District of Columbia may obligate and expend any increase in the amount of funds authorized under this section only in accordance with the following conditions: 1 The Chief Financial Ocer of the District of Columbia shall certify A the increase in revenue; and
B that the use of the amounts is not anticipated to have a negative impact on the long-term nancial, scal, or economic health of the District. 2 The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with any other requirements under law. 3 The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership. 4 The amounts may not be obligated or expended unless the Mayor has notied the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Aairs of the Senate not fewer than 30 days in advance of the obligation or expenditure. c Eective date. This section shall apply with respect to scal years 2006 through 2007.
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0.1.106
Acceptance of grant amounts not included in annual budget.
a Authority to accept, obligate, and expend amounts. Notwithstanding the fourth sentence of 1-204.46, the Mayor, in consultation with the Chief Financial Ocer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reected in the budget approved by Act of Congress as provided in such section. b Conditions.
1 Role of Chief Financial Ocer; approval by Council. No Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) of this section until A the Chief Financial Ocer submits to the Council a report setting forth detailed information regarding such grant; and B the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant. 2 Deemed approval by Council. For purposes of paragraph (1)(B) of this subsection, the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if A no written notice of disapproval is led with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Ocer under paragraph (1)(A) of this subsection; or B if such a notice of disapproval is led within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Ocer under paragraph (1)(A) of this subsection. c No obligation or expenditure permitted in anticipation of receipt or approvaL. No amount may be obligated or expended from the general fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection (b)(2) of this section or in
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anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection. d Adjustments to annual budget. The Chief Financial Ocer may adjust the budget for Federal, private, and other grants received by the District government reected in the amounts provided in the budget approved by Act of Congress under 1-204.46, or approved and received under subsection (b)(2) of this section to reect a change in the actual amount of the grant. e Reports. The Chief Financial Ocer shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. Each such report shall be submitted to the Council and to the Committees on Appropriations of the House of Representatives and Senate not later than 15 days after the end of the quarter covered by the report. f Eective date. This section shall apply with respect to scal year 2006 and each succeeding scal year.
0.1.107
Consistency of budget, accounting, and personnel systems.
The Mayor shall implement appropriate procedures to insure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis. No employee shall be hired on a full-time or part-time basis unless such position is authorized by act of Congress. Employees shall be assigned in accordance with the program, organization, and fund categories specied in the act of Congress authorizing such position. Hiring of temporary employees and temporary employee transfers among programs shall be consistent with applicable acts of Congress and reprogramming procedures to insure that costs are accurately associated with programs and sources of funding.
0.1.108
Financial duties of the Mayor.
a Subject to the limitations in 1-206.03 and except to the extent provided under 1-204.24d, the Mayor shall have charge of the administration of the nancial aairs of the District and to that end he shall:
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1 Supervise and be responsible for all nancial transactions to insure adequate control of revenues and resources and to insure that appropriations are not exceeded; 2 Maintain systems of accounting and internal control designed to provide: A Full disclosure of the nancial results of the District governments activities; B Adequate nancial information needed by the District government for management purposes; C Eective control over and accountability for all funds, property, and other assets; D Reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget; 3 Submit to the Council a nancial statement in any detail and at such times as the Council may specify; 4 Submit to the Council, by February 1st of each scal year, a complete nancial statement and report for the preceding scal year, as audited by the Inspector General of the District of Columbia in accordance with subsection (c) of this section in the case of scal years 2006 through 2008; 5 Supervise and be responsible for the assessment of all property subject to assessment and special assessments within the corporate limits of the District for taxation, prepare tax maps, and give such notice of taxes and special assessments, as may be required by law; 6 Supervise and be responsible for the levying and collection of all taxes, special assessments, license fees, and other revenues of the District, as required by law, and receive all moneys receivable by the District from the Federal Government or from any agency or instrumentality of the District, except that this paragraph shall not apply to moneys from the District of Columbia Courts.
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7 Have custody of all public funds belonging to or under the control of the District, or any agency of the District government, and deposit all funds coming into his hands, in such depositories as may be designated and under such terms and conditions as may be prescribed by act of the Council; 8 Have custody of all investments and invested funds of the District government, or in possession of such government in a duciary capacity, and have the safekeeping of all bonds and notes of the District and the receipt and delivery of District bonds and notes for transfer, registration, or exchange; and 9 Apportion the total of all appropriations and funds made available during the scal year for obligation so as to prevent obligation or expenditure thereof in a manner which would indicate a necessity for deciency or supplemental appropriations for such scal year, and with respect to all appropriations or funds not limited to a denite period, and all authorizations to create obligations by contract in advance of appropriations, apportion the total of such appropriations or funds or authorizations so as to achieve the most eective and economical use thereof. b Notwithstanding subsection (a) of this section, the Mayor may make any payments required by subsection (b) or subsection (c) of 1-204.83 and take any actions authorized by an act of the Council under 1-204.67(b) or under subsection (a)(4)(A), or subsection (e), of 1-204.90. c The nancial statement and report for a scal year prepared and submitted for purposes of subsection (a)(4) of this section shall be audited by the Inspector General of the District of Columbia (in coordination with the Chief Financial Ocer of the District of Columbia) pursuant to 2-302.08(a)(4), and shall include as a basic nancial statement a comparison of audited actual year-end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classications contained in the law making the appropriations for the year and its legislative history.
0.1.109
Accounting supervision and control.
Except to the extent provided under 1-204.24d, the Mayor shall:
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1 Prescribe the forms of receipts, vouchers, bills, and claims to be used by all the agencies, oces, and instrumentalities of the District government; 2 Examine and approve all contracts, orders, and other documents by which the District government incurs nancial obligations, having previously ascertained that money has been appropriated and allotted and will be available when the obligations shall become due and payable; 3 Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government and with the advice of the legal ocials of the District determine the regularity, legality, and correctness of such claims, demands, or charges; and 4 Perform internal audits of accounts and operations and agency records of the District government, including the examination of any accounts or records of nancial transactions, giving due consideration to the eectiveness of accounting systems, internal control, and related administrative practices of the respective agencies.
0.1.110
General and special funds.
The General Fund of the District shall be composed of those District revenues which on January 2, 1975 are paid into the Treasury of the United States and credited either to the General Fund of the District or its miscellaneous receipts, but shall not include any revenues which are applied by law to any special fund existing on January 2, 1975. The Council may from time to time establish such additional special funds as may be necessary for the ecient operation of the government of the District. All money received by any agency, ocer, or employee of the District in its or his ocial capacity shall belong to the District government and shall be paid promptly to the Mayor for deposit in the appropriate fund, except that all money received by the District of Columbia Courts shall be deposited in the Treasury of the United States or the Crime Victims Fund.
0.1.111
a
Reserve funds.
Emergency Reserve Fund.
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1 In general. There is established an emergency cash reserve fund (emergency reserve fund) as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall make a deposit in cash not later than October 1 of each scal year of such an amount as may be required to maintain a balance in the fund of at least 2 percent of the operating expenditures as dened in paragraph (2) of this subsection or such amount as may be required for deposit in a scal year in which the District is replenishing the emergency reserve fund pursuant to paragraph (7) of this subsection. 2 Operating expenditures dened. For the purpose of this subsection, operating expenditures is dened as the amount reported in the District of Columbias Comprehensive Annual Financial Report for the scal year immediately preceding the current scal year as the actual operating expenditure from local funds, less such amounts that are attributed to debt service payments for which a separate reserve fund is already established under this chapter. 3 Interest. Interest earned on the emergency reserve fund shall remain in the account and shall only be withdrawn in accordance with paragraph (4) of this subsection. 4 Criteria for use of amounts in emergency reserve fund. The Chief Financial Ocer, in consultation with the Mayor, shall develop a policy to govern the emergency reserve fund which shall include (but which may not be limited to) the following requirements: A The emergency reserve fund may be used to provide for unanticipated and nonrecurring extraordinary needs of an emergency nature, including a natural disaster or calamity as dened by section 102 of the Robert T. Staord Disaster Relief and Emergency Assistance Act (Public Law 100707) or unexpected obligations by Federal law. B The emergency reserve fund may also be used in the event of a State of Emergency as declared by the Mayor pursuant to 7-2304. C The emergency reserve fund may not be used to fund:
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i Any department, agency, or oce of the Government of the District of Columbia which is administered by a receiver or other ocial appointed by a court; ii Shortfalls in any projected reductions which are included in the budget proposed by the District of Columbia for the scal year; or iii Settlements and judgments made by or against the Government of the District of Columbia. 5 Allocation of emergency cash reserve funds. Funds may be allocated from the emergency reserve fund only after: A An analysis has been prepared by the Chief Financial Ocer of the availability of other sources of funding to carry out the purposes of the allocation and the impact of such allocation on the balance and integrity of the emergency reserve fund; and B With respect to scal years beginning with scal year 2005, the contingency reserve fund established by subsection (b) of this section has been projected by the Chief Financial Ocer to be exhausted at the time of the allocation. 6 Notice. The Mayor, the Council, and (in the case of a scal year which is a control year, as dened in 47-393(4)) the District of Columbia Financial Responsibility and Management Assistance Authority shall notify the Committees on Appropriations of the Senate and House of Representatives in writing not more than 30 days after the expenditure of funds from the emergency reserve fund. 7 Replenishment. A In general. The District of Columbia shall appropriate sucient funds each scal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding scal years so that not less than 50 percent of any amount allocated in the preceding scal year or the amount necessary to restore the emergency reserve fund to the 2 percent required balance, whichever is less, is replenished by the end of the rst scal year following each such allocation and 100 percent of the amount
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allocated or the amount necessary to restore the emergency reserve fund to the 2 percent required balance, whichever is less, is replenished by the end of the second scal year following each such allocation. B Special rule for replenishment after allocation for cash ow management. i In general. If the District allocates amounts from the emergency reserve fund during a scal year for cash ow management purposes pursuant to the authority of subsection (c) of this section and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the rst day of the scal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the rst day of the scal year. ii Deadline. The District shall carry out any replenishment required under sub-subparagraph (i) of this subparagraph as a result of a subsequent allocation described in such sub-subparagraph not later than the expiration of the 60-day period which begins on the date of the subsequent allocation. b Contingency Reserve Fund.
1 In general. There is established a contingency cash reserve fund (contingency reserve fund) as an interest-bearing account, separate from other accounts in the General Fund, into which the Mayor shall make a deposit in cash not later than October 1 of each scal year of such amount as may be required to maintain a balance in the fund of at least 4 percent of the operating expenditures as dened in paragraph (2) of this subsection or such amount as may be required for deposit in a scal year in which the District is replenishing the emergency reserve fund pursuant to paragraph (6) of this subsection. 2 Operating expenditures dened. For the purpose of this subsection, operating expenditures is dened as the amount reported in the District of Columbias Comprehensive Annual Financial Report for the scal year
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immediately preceding the current scal year as the actual operating expenditure from local funds, less such amounts that are attributed to debt service payments for which a separate reserve fund is already established under this chapter. 3 Interest. Interest earned on the contingency reserve fund shall remain in the account and may only be withdrawn in accordance with paragraph (4) of this section. 4 Criteria for use of amounts in contingency reserve fund. The Chief Financial Ocer, in consultation with the Mayor, shall develop a policy governing the use of the contingency reserve fund which shall include (but which may not be limited to) the following requirements: A The contingency reserve fund may only be used to provide for nonrecurring or unforeseen needs that arise during the scal year, including expenses associated with unforeseen weather or other natural disasters, unexpected obligations created by Federal law or new public safety or health needs or requirements that have been identied after the budget process has occurred, or opportunities to achieve cost savings. B The contingency reserve fund may be used, if needed, to cover revenue shortfalls experienced by the District government for 3 consecutive months (based on a 2 month rolling average) that are 5 percent or more below the budget forecast. C The contingency reserve fund may not be used to fund any shortfalls in any projected reductions which are included in the budget proposed by the District of Columbia for the scal year. 5 Allocation of contingency cash reserve. Funds may be allocated from the contingency reserve fund only after an analysis has been prepared by the Chief Financial Ocer of the availability of other sources of funding to carry out the purposes of the allocation and the impact of such allocation on the balance and integrity of the contingency reserve fund. 6 Replenishment.
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A In general. The District of Columbia shall appropriate sucient funds each scal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding scal years so that not less than 50 percent of any amount allocated in the preceding scal year or the amount necessary to restore the contingency reserve fund to the 4 percent required balance, whichever is less, is replenished by the end of the rst scal year following each such allocation and 100 percent of the amount allocated or the amount necessary to restore the contingency reserve fund to the 4 percent required balance, whichever is less, is replenished by the end of the second scal year following each such allocation. B Special rule for replenishment after allocation for cash ow management. i In general. If the District allocates amounts from the contingency reserve fund during a scal year for cash ow management purposes pursuant to the authority of subsection (c) of this section and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the rst day of the scal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the rst day of the scal year. ii Deadline. The District shall carry out any replenishment required under sub-subparagraph (i) of this subparagraph as a result of a subsequent allocation described in such sub-subparagraph not later than the expiration of the 60-day period which begins on the date of the subsequent allocation. c Additional authority to allocate amounts.
1 In general. Notwithstanding any other provision of this section, in addition to the authority provided under this section to allocate and use amounts from the emergency reserve fund under subsection (a) of this section and the contingency reserve fund under subsection (b) of this section, the District of Columbia may allocate amounts from such funds during a scal year and use such amounts for cash ow management purposes.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 2 Limits on amount allocated.
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A Amount of individual allocation. The amount of an allocation made from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection may not exceed 50 percent of the balance of the fund involved at the time the allocation is made. B Aggregate amount allocated. The aggregate amount allocated from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection during a scal year may not exceed 50 percent of the balance of the fund involved as of the rst day of such scal year. 3 Replenishment. If the District of Columbia allocates any amounts from a reserve fund pursuant to the authority of this subsection during a scal year, the District shall fully replenish the fund for the amounts allocated not later than the earlier of A the expiration of the 9-month period which begins on the date the allocation is made; or B the last day of the scal year. 4 Eective date. This subsection shall apply with respect to scal years 2006 through 2007. d Quarterly Reports. The Chief Financial Ocer shall submit a quarterly report to the Mayor, the Council, the District of Columbia Financial Responsibility and Management Assistance Authority (in the case of a scal year which is a control year, as dened in 47-393(4)), and the Committees on Appropriations of the Senate and House of Representatives that includes a monthly statement on the balance and activities of the contingency and emergency reserve funds.
0.1.112
Comprehensive Financial Management Policy.
a Comprehensive Financial Management Policy. The District of Columbia shall conduct its nancial management in accordance with a comprehensive nancial management policy.
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CONTENTS
b Contents of Policy. The comprehensive nancial management policy shall include, but not be limited to, the following: 1 A cash management policy. 2 A debt management policy. 3 A nancial asset management policy. 4 An emergency reserve management policy in accordance with 1- 204.50a(a). 5 A contingency reserve management policy in accordance with section 1204.50a(b). 6 A policy for determining real property tax exemptions for the District of Columbia. c Annual Review. The comprehensive nancial management policy shall be reviewed at the end of each scal year by the Chief Financial Ocer who shall: 1 Not later than July 1 of each year, submit any proposed changes in the policy to the Mayor and (in the case of a scal year which is a control year, as dened in 47-393(4)) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority) for review; 2 Not later than August 1 of each year, after consideration of any comments received under paragraph (1) of this subsection, submit the changes to the Council of the District of Columbia (Council) for approval; and 3 Not later than September 1 of each year, notify the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Aairs of the Senate of any changes enacted by the Council. d Procedure for Development of First Comprehensive Financial Management Policy.
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1 Chief Financial Ocer. Not later than April 1, 2001, the Chief Financial Ocer shall submit to the Mayor an initial proposed comprehensive nancial management policy for the District of Columbia pursuant to this section. 2 Council. Following review and comment by the Mayor, not later than May 1, 2001, the Chief Financial Ocer shall submit the proposed nancial management policy to the Council for its prompt review and adoption. 3 Authority. Upon adoption of the nancial management policy under paragraph (2) of this subsection, the Council shall immediately submit the policy to the Authority for a review of not to exceed 30 days. 4 Congress. Following review of the nancial management policy by the Authority under paragraph (3) of this subsection, the Authority shall submit the policy to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Aairs of the Senate for review, and the policy shall take eect 30 days after the date the policy is submitted under this paragraph.
0.1.113
Special rules regarding certain contracts.
a Contracts extending beyond one year. No contract involving expenditures out of an appropriation which is available for more than 1 year shall be made for a period of more than 5 years unless, with respect to a particular contract, the Council, by a two-thirds vote of its members present and voting, authorizes the extension of such period for such contract. Such contracts shall be made pursuant to criteria established by act of the Council. b Contracts exceeding certain amount.
1 In general. No contract involving expenditures in excess of $1,000,000 during a 12-month period may be made unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council). 2 Deemed approval. For purposes of paragraph (1) of this subsection, the Council shall be deemed to approve a contract if
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A during the 10-day period beginning on the date the Mayor submits the contract to the Council, no member of the Council introduces a resolution approving or disapproving the contract; or B during the 45-calendar day period beginning on the date the Mayor submits the contract to the Council, the Council does not disapprove the contract. c Multiyear contracts. (1) The District may enter into multiyear contracts to obtain goods and services for which funds would otherwise be available for obligation only within the scal year for which appropriated. 2 If the funds are not made available for the continuation of such a contract into a subsequent scal year, the contract shall be cancelled or terminated, and the cost of cancellation or termination may be paid from A appropriations originally available for the performance of the contract concerned; B appropriations currently available for procurement of the type of acquisition covered by the contract, and not otherwise obligated; or C funds appropriated for those payments. 3 No contract entered into under this subsection shall be valid unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council). The Council shall be required to take armative action to approve the contract within 45 days. If no action is taken to approve the contract within 45 calendar days, the contract shall be deemed disapproved. d Exemption for certain contracts. The requirements of this section shall not apply with respect to any of the following contracts: 1 Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction.
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2 Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. 3 At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.
0.1.114 0.1.115
Annual budget for the Board of Education. pealed]
[Re-
Reductions in budgets of independent agencies.
a In accordance with subsection (b) of this section and except as provided in subsection (c) of this section, the Mayor may reduce amounts appropriated or otherwise made available to independent agencies of the District of Columbia (including the Board of Education) for a scal year if the Mayor determines that it is necessary to reduce such amounts to balance the Districts budget for the scal year. b (1) The Mayor may not make any reduction pursuant to subsection (a) of this section unless the Mayor submits a proposal to make such a reduction to the Council and the Council approves the proposal. 2 A proposal submitted by the Mayor under paragraph (1) of this subsection shall be deemed to be approved by the Council: A If no member of the Council les a written objection to the proposal with the Secretary of the Council before the expiration of the 10-day period that begins on the date the Mayor submits the proposal; or B If a member of the Council les such a written objection during the period described in subparagraph (A) of this paragraph, if the Council does not disapprove the proposal prior to the expiration of the 45-day period that begins on the date the member les the written objection. 3 The periods described in subparagraphs (A) and (B) of paragraph (2) of this subsection shall not include any days which are days of recess for the Council (according to the Councils rules).
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c Subsection (a) of this section shall not apply to amounts appropriated or otherwise made available to the Council, the District of Columbia Financial Responsibility and Management Assistance Authority established under 47- 391.01(a), or the District of Columbia Water and Sewer Authority established pursuant to 34-2202.02.
0.1.116
District of Columbia Auditor.
a There is established for the District of Columbia the Oce of District of Columbia Auditor who shall be appointed by the Chairman, subject to the approval of a majority of the Council. The District of Columbia Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation as may be established from time to time by the Council. b The District of Columbia Auditor shall each year conduct a thorough audit of the accounts and operations of the government of the District in accordance with such principles and procedures and under such rules and regulations as he may prescribe. In the determination of the auditing procedures to be followed and the extent of the examination of vouchers and other documents and records, the District of Columbia Auditor shall give due regard to generally accepted principles of auditing including the eectiveness of the accounting organizations and systems, internal audit and control, and related administrative practices. c The District of Columbia Auditor shall have access to all books, accounts, records, reports, ndings and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government and necessary to facilitate the audit. d The District of Columbia Auditor shall submit his audit reports to the Congress, the Mayor, and the Council. Such reports shall set forth the scope of the audits conducted by him and shall include such comments and information as the District of Columbia Auditor may deem necessary to keep the Congress, the Mayor, and the Council informed of the operations to which the reports relate, together with such recommendations with respect thereto as he may deem advisable. e The Council shall make such report, together with such other material as it deems pertinent thereto, available for public inspection.
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f The Mayor shall state in writing to the Council, within an appropriate time, what action he has taken to eectuate the recommendations made by the District of Columbia Auditor in his reports. g This section shall not apply to the District of Columbia Courts or the accounts and operations thereof.
0.1.117
Performance and accountability plan.
a Submission of annual plan. Concurrent with the submission of the District of Columbia budget to Congress each year (beginning with 2001), the Mayor shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability plan for all departments, agencies, and programs of the government of the District of Columbia for the subsequent scal year. b Contents of plan. The performance accountability plan for a scal year shall contain the following: 1 A statement of measurable, objective performance goals established for all signicant activities of the government of the District of Columbia during the scal year (including activities funded in whole or in part by the District but performed in whole or in part by some other public or private entity); 2 A description of the measures of performance to be used in determining whether the government has met the goals established under paragraph (1) of this subsection with respect to an activity for a scal year. Such measures shall analyze the quantity and quality of the activities involved, and shall include measures of program outcomes and results; and 3 The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employees immediate supervisor or superior. c Description of activities subject to court order. In addition to the material included in the performance accountability plan for a scal year under subsection (b) of this section, the plan shall include a description of
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the activities of the government of the District of Columbia that are subject to a court order during the scal year and the requirements placed on such activities by the court order.
0.1.118
Performance accountability report.
a Submission of report. Not later than March 1 of each year (beginning with 2001), the Mayor shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability report on activities of the government of the District of Columbia during the scal year ending on the previous September 30. b Contents of report. The performance accountability report for a scal year shall contain the following: 1 For each goal of the performance accountability plan submitted under 1204.56a for the year, a statement of the actual level of performance achieved compared to the stated goal; 2 The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employees immediate supervisor or superior; and 3 A statement of the status of any court orders applicable to the government of the District of Columbia during the year and the steps taken by the government to comply with such orders. c Evaluation of report. The Comptroller General, in consultation with the Director of the Oce of Management and Budget, shall review and evaluate each performance accountability report submitted under this subsection and not later than April 15 of each year shall submit comments on such report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate.
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0.1.119
Financial accountability plan and report.
a Development and submission. Not later than March 1 of each year (beginning with 1997), the Chief Financial Ocer shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a 5-year nancial plan for the government of the District of Columbia that contains a description of the steps the government will take to eliminate any dierences between expenditures from, and revenues attributable to, each fund of the District of Columbia during the rst 5 scal years beginning after the submission of the plan. b Report on compliance.
1 Submission of report. Not later than March 1 of every year (beginning with 1999), the Chief Financial Ocer shall submit a report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, the Comptroller General, and the Director of the Congressional Budget Ofce on the extent to which the government of the District of Columbia was in compliance during the preceding scal year with the applicable requirements of the nancial accountability plan submitted for such scal year under this section. 2 Evaluation of report. The Comptroller General, in consultation with the Director of the Congressional Budget Oce, shall review and evaluate the nancial accountability compliance report submitted under paragraph (1) of this subsection and not later than April 15 of each year shall submit comments on such report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate.
0.1.120
Quarterly nancial reports.
a Submission of quarterly nancial reports. Not later than fteen days after the end of every calendar quarter (beginning with a report for the
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quarter beginning October 1, 1997), the Chief Financial Ocer shall submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Aairs of the Senate, and the Subcommittees on the District of Columbia of the Committees on Appropriations of the House of Representatives and the Senate, a report on the nancial and budgetary status of the government of the District of Columbia for the previous quarter. b Contents of report. Each quarterly nancial report submitted under subsection (a) of this section shall include the following information: 1 A comparison of actual to forecasted cash receipts and disbursements for each month of the quarter, as presented in the Districts scal year consolidated cash forecast which shall be supported and accompanied by cash forecasts for the general fund and each of the District governments other funds other than the capital projects fund and trust and agency funds; 2 A projection of the remaining months cash forecast for that scal year; 3 Explanations of (i) the dierences between actual and forecasted cash amounts for each of the months in the quarter, and (ii) any changes in the remaining months forecast as compared to the original forecast for such months of that scal year; 4 The eect of such changes, actual and projected, on the total cash balance of the remaining months and for the scal year; 5 Explanations of the impact on meeting the budget, how the results may be reected in a supplemental budget request, or how other policy decisions may be necessary which may require the agencies to reduce expenditures in other areas; 6 An aging of the outstanding receivables and payables, with an explanation of how they are reected in the forecast of cash receipts and disbursements; and
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7 For each department or agency, the actual number of full-time equivalent positions, the actual number of full-time employees, the actual number of part-time employees, and the actual number of temporary employees, together with the source of funding for each such category of positions and employees. 8 A statement of the balance of each account held by the District of Columbia Financial Responsibility and Management Assistance Authority as of the end of the quarter, together with a description of the activities within each such account during the quarter based on information supplied by the Authority.
0.1.121
Submission of Reports to District of Columbia Financial Responsibility and Assistance Authority.
In the case of any report submitted by the Mayor under this subpart for a scal year (or any quarter of a scal year) which is a control year under the District of Columbia Financial Responsibility and Management Assistance Act of 1995, the Mayor shall submit the report to the District of Columbia Financial Responsibility and Management Assistance Authority established under 47- 391.01(a) in addition to any other individual to whom the Mayor is required to submit the report under this subpart.
0.1.122
Districts authority to issue and redeem general obligation bonds for capital projects.
a (1) Subject to the limitations in 1-206.03(b), the District may incur indebtedness by issuing general obligation bonds to refund indebtedness of the District at any time outstanding, to nance the outstanding accumulated operating decit of the general fund of the District of $331,589,000, existing as of September 30, 1990, to nance or refund the outstanding accumulated operating decit of the general fund of the District of $500,000,000, existing as of September 30, 1997, and to provide for the payment of the cost of acquiring or undertaking its various capital projects. Such bonds shall bear interest, payable on such dates, at such rate or rates and at such maturities as the Mayor, subject to the provisions of 1-204.62, may from time to time determine to be necessary to make such bonds marketable. 2 The District may not issue any general obligation bonds to nance the operating decit existing as of September 30, 1990 described in paragraph
104 (1) of this subsection after September 30, 1992.
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b The District may reserve the right to redeem any or all of its obligations before maturity in such manner and at such price as may be xed by the Mayor prior to the issuance of such obligations.
0.1.123
Contents of borrowing legislation and elections on issuing general obligation bonds.
a The Council may by act authorize the issuance of general obligation bonds for the purposes specied in 1-204.61. Such an Act shall contain, at least, provisions: 1 Briey describing the projects or categories of projects to be nanced by the Act; 2 Identifying the act authorizing each such project or category of projects; 3 Setting forth the maximum amount of the principal of the indebtedness which may be incurred for the projects to be nanced; 4 Setting forth the maximum rate of interest to be paid on such indebtedness; 5 Setting forth the maximum allowable maturity for the issue and the maximum debt service payable in any year; and 6 Setting forth, in the event that the Council determines in its discretion to submit the question of issuing such bonds to a vote of the qualied voters of the District, the manner of holding such election, the date of such election, the manner of voting for or against the incurring of such indebtedness, and the form of ballot to be used at such election. b Any election held on the question of issuing general obligation bonds must be held before the act authorizing the issuance of such bonds is transmitted to the Speaker of the House of Representatives and the President of the Senate pursuant to 1-206.02(c).
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c Notwithstanding 1-206.02(c)(1), the provisions required by paragraph (6) of subsection (a) of this section to be included in any act authorizing the issuance of general obligation bonds shall take eect on the date of the enactment of such act.
0.1.124
General obligation bonds.
NOTICE The following act of the Council of the District of Columbia (published with this notice) authorizing the issuance of general obligation bonds has taken eect. As provided in the District of Columbia Home Rule Act, the time within which a suit, action, or proceeding questioning the validity of such bonds may be commenced expires at the end of the 20-day period beginning on the date of the rst publication of this notice. .............................. Mayor.
a After each act of the Council of the District of Columbia under 1204.62(a) authorizing the issuance of general obligation bonds has taken eect, the Mayor shall publish such act at least once in at least 1 newspaper of general circulation within the District together with a notice that such act has taken eect. Each such notice shall be in substantially the following form:
b Neither the failure to publish the notice provided for in subsection (a) of this section nor any error in any publication of such notice shall impair the eectiveness of the act of the Council authorizing the issuance of such bonds or the validity of any bond issued pursuant to such act.
0.1.125
Short period of limitation.
It is hereby certied and recited that all conditions, acts, and things required by the District of Columbia Home Rule Act and other applicable laws to exist, to have happened, and to have been performed precedent to and in the issuance of this bond exist, have happened, and have been performed and that the issue of bonds, of which this is one, together with all other indebtedness of the District of Columbia, is within every debt and other limit prescribed by law.
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a At the end of the 20-day period beginning on the date of the rst publication pursuant to the notice in 1-204.63(a) that an act authorizing the issuance of general obligation bonds has taken eect: 1 Any recital or statement of fact contained in such act or in the preamble or title of such act shall be deemed to be true for the purpose of determining the validity of the bonds authorized by such act, and the District and all others interested shall be estopped from denying any such recital or statement of fact; and 2 Such act, and all proceedings in connection with the authorization of the issuance of such bonds including any election held on the question of issuing such bonds, shall be deemed to have been duly and regularly taken, passed, and done by the District, in compliance with this chapter and all other applicable laws, for the purpose of determining the validity of such act and proceedings; and no court shall have jurisdiction in any suit, action, or proceeding questioning the validity of such act or proceedings except in a suit, action, or proceeding commenced before the end of such 20-day period. b At the end of the 20-day period beginning on the date of the rst publication pursuant to the notice in 1-204.63(a) that an act authorizing the issuance of general obligation bonds has taken eect, no court shall have jurisdiction in any suit, action, or proceeding questioning the validity of any general obligation bond issued pursuant to such act if: 1 Such general obligation bond was purchased in good faith and for fair value; and 2 Such general obligation bond contains substantially the following statement which shall bind the District of Columbia:
0.1.126
Issuance of general obligation bonds.
a After an act of the Council authorizing the issuance of general obligation bonds under 1-204.61(a) takes eect, the Mayor may issue such general obligation bonds as authorized by such act of the Council. An issue of general obligation bonds may be all or any part of the aggregate principal amount of bonds authorized by such act.
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b The principal amount of the general obligation bonds of each issue shall be payable in annual installments beginning not more than 3 years after the date of such bonds and ending not more than 30 years after such date. c The general obligation bonds of each issue shall be executed by the manual or facsimile signature of such ocials as may be designated to sign such bonds by the act of the Council authorizing the issuance of the bonds, except that at least 1 such signature shall be manual. Coupons attached to the bonds shall be authenticated by the facsimile signature of the Mayor unless the Council provides otherwise.
0.1.127
Public or private sale.
General obligation bonds issued under this part may be sold at a private sale on a negotiated basis (in such manner as the Mayor may determine to be in the public interest), or may be sold at public sale upon sealed proposals after publication of a notice of such public sale at least once not less than 10 days prior to the date xed for sale in a daily newspaper carrying municipal bond notices and devoted primarily to nancial news or to the subject of State and municipal bonds published in the city of New York, New York, and in one or more newspapers of general circulation published in the District. Such notice of public sale shall state, among other things, that no proposal shall be considered unless there is deposited with the District as a down payment a certied check, cashiers check, or surety for an amount equal to at least 2
0.1.128
Authority to create security interests in District revenues.
a In general. An act of the Council authorizing the issuance of general obligation bonds or notes under 1-204.61(a), 1-204.71(a), 1- 204.72(a), or 1-204.75(a) may create a security interest in any District revenues as additional security for the payment of the bonds or notes authorized by such act. b Contents of acts. Any such act creating a security interest in District revenues may contain provisions (which may be part of the contract with the holders of such bonds or notes):
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1 Describing the particular District revenues which are subject to such security interest; 2 Creating a reasonably required debt service reserve fund or any other special fund; 3 Authorizing the Mayor of the District to execute a trust indenture securing the bonds or notes; 4 Vesting in the trustee under such a trust indenture such properties, rights, powers, and duties in trust as may be necessary, convenient, or desirable; 5 Authorizing the Mayor of the District to enter into and amend agreements concerning: A The custody, collection, use, disposition, security, investment, and payment of the proceeds of the bonds or notes and the District revenues which are subject to such security interest; and B The doing of any act (or the refraining from doing any act) that the District would have the right to do in the absence of such an agreement; 6 Prescribing the remedies of the holders of the bonds or notes in the event of a default; and 7 Authorizing the Mayor to take any other actions in connection with the issuance, sale, delivery, security, and payment of the bonds or notes. c Timing and perfection of security interests. Notwithstanding article 9 of title 28 of the District of Columbia Code, any security interest in District revenues created under subsection (a) of this section shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or led. The lien created by such security interest is valid, binding, and perfected with respect to any
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individual or legal entity having claims against the District, whether or not such individual or legal entity has notice of such lien. d Obligations and expenditures not subject to appropriation. The fourth sentence of 1-204.46 shall not apply to any obligation or expenditure of any District revenues to secure any general obligation bond or note under subsection (a) of this section.
0.1.129
Borrowing to meet appropriations.
a In the absence of unappropriated revenues available to meet appropriations made pursuant to 1-204.46, the Council may by act authorize the issuance of general obligation notes. The total amount of all such general obligation notes originally issued during a scal year shall not exceed 2 b Any general obligation note issued under subsection (a) of this section, as authorized by an act of the Council, may be renewed. Any such note, including any renewal of such note, shall be due and payable not later than the last day of the scal year occurring immediately after the scal year during which the act authorizing the original issuance of such note takes eect. c The 4th sentence of 1-204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any general obligation note issued under subsection (a) of this section.
0.1.130
Borrowing in anticipation of revenues.
a In general. In anticipation of the collection or receipt of revenues for a scal year, the Council may by act authorize the issuance of general obligation notes for such scal year, to be known as revenue anticipation notes. b Limit on aggregate notes outstanding. The total amount of all revenue anticipation notes issued under subsection (a) of this section outstanding at any time during a scal year shall not exceed 20
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c Permitted outstanding duration. Any revenue anticipation note issued under subsection (a) of this section may be renewed. Any such note, including any renewal note, shall be due and payable not later than the last day of the scal year during which the note was originally issued. d Eective date of authorization acts; payments not subject to appropriation. 1 Eective date. Notwithstanding 1-206.02(c)(1), any act of the Council authorizing the issuance of revenue anticipation notes under subsection (a) of this section shall take eect: A if such act is enacted during a control year (as dened in 47- 393(4)), on the date of approval by the District of Columbia Financial Responsibility and Management Assistance Authority; or B if such act is enacted during any other year, on the date of enactment of such act. 2 Payments not subject to appropriation. The fourth sentence of 1204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a) of this section.
0.1.131
Notes redeemable prior to maturity.
No notes issued pursuant to this part shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note.
0.1.132
Sales of notes.
All notes issued pursuant to this part may be sold at not less than par and accrued interest at private sale without previous advertising.
0.1.133
a
Bond anticipation notes.
Authorizing issuance.
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1 In general. In anticipation of the issuance of general obligation bonds, the Council may by act authorize the issuance of general obligation notes to be known as bond anticipation notes in accordance with this section. 2 Purposes; permitting issuance of general obligation bonds to cover indebtedness. The proceeds of bond anticipation notes issued under this section shall be used for the purposes for which general obligation bonds may be issued under 1-204.61, and such notes shall constitute indebtedness which may be refunded through the issuance of general obligation bonds under such section. b Maximum annual debt service amount. The act of the Council authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by such notes an estimated maximum annual debt service amount based on an estimated schedule of annual principal payments and an estimated schedule of annual interest payments (based on an estimated maximum average annual interest rate for such bonds over a period of 30 years from the earlier of the date of issuance of the notes or the date of original issuance of prior notes in anticipation of those bonds). Such estimated maximum annual debt service amount as estimated at the time of issuance of the original bond anticipation notes shall be included in the calculation required by 1-206.03(b) while such notes or renewal notes are outstanding. c Permitted outstanding duration. Any bond anticipation note, including any renewal note, shall be due and payable not later than the last day of the third scal year following the scal year during which the note was originally issued. d General authority of Council. If provided for in [an] Act of the Council authorizing such an issue of bond anticipation notes, bond anticipation notes may be issued in succession, in such amounts, at such times, and bearing interest rates within the permitted maximum authorized by such Act. e Eective date of authorization acts; payments not subject to appropriation. 1 Eective date. Notwithstanding 1-206.02(c)(1), any act of the Council authorizing the renewal of bond anticipation notes under subsection (c) [sub-
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section (d)] or the issuance of general obligation bonds under 1- 204.61(a) to refund any bond anticipation notes shall take eect A if such act is enacted during a control year (as dened in 47- 393(4)), on the date of approval by the District of Columbia Financial Responsibility and Management Assistance Authority; or B if such act is enacted during any other year, on the date of enactment of such act. 2 Payment not subject to appropriation. The fourth sentence of 1204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any bond anticipation note issued under this section.
0.1.134
Special tax.
a Any act of the Council authorizing the issuance of general obligation bonds under 1-204.61(a) shall provide for the annual levy of a special tax or charge, if the Council determines that such tax or charge is necessary. Such tax or charge shall be levied, without limitation as to rate or amount, in amounts which together with other District revenues available and applicable will be sucient to pay the principal of and interest on such general obligation bonds as they become due and payable. Such tax or charge shall be levied and collected at the same time and in the same manner as other District taxes are levied and collected, and when collected shall be set aside in a separate debt service fund and irrevocably dedicated to the payment of such principal and interest. b The Comptroller General of the United States shall make annual audits of the amounts set aside and deposited in each debt service fund pursuant to subsection (a) of this section.
0.1.135
Full faith and credit of the District.
The full faith and credit of the District is pledged for the payment of the principal of and interest on any general obligation bond or note issued under 1-204.61(a), 1-204.71(a), or 1-204.72(a), whether or not such pledge is stated in such bond or note or in the act authorizing the issuance of such bond or note.
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0.1.136
Payment of the general obligation bonds and notes.
a The Council shall provide in each annual budget for the District of Columbia government for a scal year adopted by the Council pursuant to 1-204.46 sucient funds to pay the principal of and interest on all general obligation bonds or notes issued under 1-204.61(a), 1-204.71(a), or 1-204.72(a) becoming due and payable during such scal year. b The Mayor shall insure that the principal of and interest on all general obligation bonds and notes issued under 1-204.61(a), 1-204.71(a), or 1204.72(a) are paid when due, including by paying such principal and interest from funds not otherwise legally committed. c d Repealed. The 4th sentence of 1-204.46 shall not apply to:
1 Any amount set aside in a debt service fund under 1-204.81(a); 2 Any amount obligated or expended for the payment of the principal of, interest on, or redemption premium for any general obligation bond or note issued under 1-204.61(a), 1-204.71(a), or 1-204.72(a); 3 Any amount obligated or expended as provided by the Council in any annual budget for the District of Columbia government pursuant to subsection (a) of this section or as provided by any amendment or supplement to such budget; or 4 Any amount obligated or expended by the Mayor pursuant to subsection (b) or (c) of this section.
0.1.137
Full faith and credit of United States not pledged.
The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part.
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0.1.138
Tax exemption.
Bonds and notes issued by the Council pursuant to this subchapter and the interest thereon shall be exempt from all federal and District taxation except estate, inheritance, and gift taxes.
0.1.139
Legal investment.
Notwithstanding any restriction on the investment of funds by duciaries contained in any other law, all domestic insurance companies, domestic insurance associations, executors, administrators, guardians, trustees, and other duciaries within the District may legally invest any sinking funds, moneys, trust funds, or other funds belonging to them or under or within their control in any bonds issued pursuant to this subchapter, it being the purpose of this section to authorize the investment in such bonds or notes of all sinking, insurance, retirement, compensation, pension, and trust funds. National banking associations are authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of customers, bonds and notes issued by the Council to the same extent as national banking associations are authorized by paragraph 7 of 5136 of the Revised Statutes ( 24 of Title 12, United States Code), to deal in, underwrite, purchase and sell obligations of the United States, states, or political subdivisions thereof. All federal building and loan associations and federal savings and loan associations; and banks, trust companies, building and loan associations, and savings and loan associations, domiciled in the District, may purchase, sell, underwrite, and deal in, for their own account or for the account of others, all bonds or notes issued pursuant to this subchapter. Nothing contained in this section shall be construed as relieving any person, rm, association, or corporation from any duty of exercising due and reasonable care in selecting securities for purchase or investment.
0.1.140
Water pollution.
a The Mayor shall annually estimate the amount of the Districts principal and interest expense which is required to service District obligations attributable to the Maryland and Virginia pro rata share of District sanitary sewage water works and other water pollution projects which provide service to the local jurisdictions in those states. Such amounts as determined by the Mayor pursuant to the agreements described in subsection (b) of this section shall be used to exclude the Maryland and Virginia share of
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pollution projects cost from the limitation on the Districts capital project obligations as provided in 1-206.03(b).
b The Mayor shall enter into agreements with the states and local jurisdictions concerned for annual payments to the District of rates and charges for waste treatment services in accordance with the use and benets made and derived from the operation of the said waste treatment facilities. Each such agreement shall require that the estimated amount of such rates and charges will be paid in advance, subject to adjustment after each year. Such rates and charges shall be sucient to cover the cost of construction, interest on capital, operation and maintenance, and the necessary replacement of equipment during the useful life of the facility.
0.1.141
Cost of reservoirs on Potomac River.
a The Mayor is authorized to contract with the United States, any state in the Potomac River basin, any agency or political subdivision thereof, and any other competent state or local authority, with respect to the payment by the District to the United States, either directly or indirectly, of the Districts equitable share of any part or parts of the non-federal portion of the costs of any reservoirs authorized by the Congress for construction on the Potomac River or any of its tributaries. Every such contract may contain such provisions as the Mayor may deem necessary or appropriate.
b Unless hereafter otherwise provided by legislation enacted by the Council, all payments made by the District and all moneys received by the District pursuant to any contract made under the authority of this chapter shall be paid from, or be deposited in, a fund designated by the Mayor. Charges for water delivered from the District water system for use outside the District may be adjusted to reect the portions of any payments made by the District under contracts authorized by this chapter which are equitably attributable to such use outside the District.
c There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
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0.1.142
Districts contributions to the Washington metropolitan area transit authority.
Notwithstanding any provision of law to the contrary, beginning with scal year 1976 the District share of the cost of the adopted regional system described in subchapter VI of Chapter 11 of Title 9 may be payable from the proceeds of the sale of District general obligation bonds issued pursuant to this subchapter.
0.1.143
Revenue bonds and other obligations.
a (1) Subject to paragraph (2) of this subsection, the Council may by act or by resolution authorize the issuance of taxable and tax-exempt revenue bonds, notes, or other obligations to borrow money to nance, renance, or reimburse and to assist in the nancing, renancing, or reimbursing of or for capital projects and other undertakings by the District or by any District instrumentality, or on behalf of any qualied applicant, including capital projects or undertakings in the areas of housing; health facilities; transit and utility facilities; manufacturing; sports, convention, and entertainment facilities; recreation, tourism and hospitality facilities; facilities to house and equip operations of the District government or its instrumentalities; public infrastructure development and redevelopment; elementary, secondary and college and university facilities; educational programs which provide loans for the payment of educational expenses for or on behalf of students; facilities used to house and equip operations related to the study, development, application, or production of innovative commercial or industrial technologies and social services; water and sewer facilities (as dened in paragraph (5) of this subsection); pollution control facilities; solid and hazardous waste disposal facilities; parking facilities, industrial and commercial development; authorized capital expenditures of the District; and any other property or project that will, as determined by the Council, contribute to the health, education, safety, or welfare, of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, and any facilities or property, real or personal, used in connection with or supplementing any of the foregoing; lease-purchase nancing of any of the foregoing facilities or property; and any costs related to the issuance, carrying, security, liquidity or credit enhancement of or for revenue bonds, notes, or other obligations, including, capitalized interest and reserves, and the costs of bond insurance, letters of credit, and guaranteed investment, forward purchase, remarketing, auction, and swap agreements. Any such
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nancing, renancing, or reimbursement may be eected by loans made directly or indirectly to any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the purchase, lease, or sale of any property. 2 Any revenue bond, note, or other obligation issued under paragraph (1) of this subsection shall be a special obligation of the District and shall be a negotiable instrument, whether or not such revenue bond, note, or other obligation is a security as dened in 28:8-102(1)(a). 3 Any revenue bond, note, or other obligation issued under paragraph (1) of this subsection shall be paid and secured (as to principal, interest, and any premium) as provided by the act or resolution of the Council authorizing the issuance of such revenue bond, note, or other obligation. Any act or resolution of the Council, or any delegation of Council authority under subsection (a)(6) of this section, authorizing the issuance of revenue bonds, notes, or other obligations may provide for (A) the payment of such revenue bonds, notes, or other obligations from any available revenues, assets, property (including water and sewer enterprise fund revenues, assets, or other property in the case of bonds, notes, or obligations issued with respect to water and sewer facilities), and (B) the securing of such revenue bond, note, or other obligation by the mortgage of real property or the creation of a security interest in available revenues, assets, or other property (including water and sewer enterprise fund revenues, assets, or other property in the case of bonds, notes, or obligations issued with respect to water and sewer facilities). 4 (A) In authorizing the issuance of any revenue bond, note, or other obligation under paragraph (1) of this subsection, the Council may enter into, or authorize the Mayor to enter into, any agreement concerning the acquisition, use, or disposition of any available revenues, assets, or property. Any such agreement may create a security interest in any available revenues, assets, or property, may provide for the custody, collection, security, investment, and payment of any available revenues (including any funds held in trust) for the payment of such revenue bond, note, or other obligation, may mortgage any property, may provide for the acquisition, construction, maintenance, and disposition of the undertaking nanced or renanced using the proceeds of such revenue bond, note, or other obligation, and may provide for the doing of any act (or the refraining from doing of any act) which the District has the
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right to do in the absence of such agreement. Any such agreement may be assigned for the benet of, or made a part of any contract with, any holder of such revenue bond, note, or other obligation issued under paragraph (1) of this subsection. B Notwithstanding Article 9 of Title 28, any security interest created under subparagraph (A) of this paragraph shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or led. The lien created by such security interest is valid, binding, and perfected with respect to any individual or legal entity having claims against the District, whether or not such individual or legal entity has notice of such lien. C Any funds of the District held for the payment or security of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, whether or not such funds are held in trust, may be secured in the manner agreed to by the District and any depository of such funds. Any depository of such funds may give security for the deposit of such funds. 5 In paragraph (1) of this subsection, the term water and sewer facilities means facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids and solids resulting from treatment. 6 (A) The Council may by act delegate to any District instrumentality the authority of the Council under subsection (a)(1) of this section to issue taxable or tax-exempt revenue bonds, notes, or other obligations to borrow money for the purposes specied in this subsection. For purposes of this paragraph, the Council shall specify for what undertakings revenue bonds, notes, or other obligations may be issued under each delegation made pursuant to this paragraph. Any District instrumentality may exercise the authority and the powers incident thereto delegated to it by the Council as described in the rst sentence of this paragraph only in accordance with this paragraph and shall be consistent with this paragraph and the terms of the delegation.
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B Revenue bonds, notes, or other obligations issued by a District instrumentality under a delegation of authority described in subparagraph (A) of this paragraph shall be issued by resolution of that instrumentality, and any such resolution shall not be considered to be an act of the Council. C Nothing in this paragraph shall be construed as restricting, impairing, or superseding the authority otherwise vested by law in any District instrumentality. b No property owned by the United States may be mortgaged or made subject to any security interest to secure any revenue bond, note, or other obligation issued under subsection (a)(1) of this section. c Any and all such revenue bonds, notes, or other obligations issued under subsection (a)(1) of this section shall not be general obligations of the District, shall not be a pledge of or involve the faith and credit or taxing power of the District (other than with respect to any dedicated taxes) and shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings for purposes of 1- 206.02(a)(2). d Any and all such bonds, notes, or other obligations shall be issued pursuant to an act of the Council without the necessity of submitting the question of such issuance to the registered qualied electors of the District for approval or disapproval. e Any act of the Council authorizing the issuance of revenue bonds, notes, or other obligations under paragraph (1) of subsection (a) of this section may: 1 Briey describe the purpose for which such bonds, notes, or other obligations are to be issued; 2 Identify the act authorizing such purpose; 3 Prescribe the form, terms, provisions, manner, and method of issuing and selling (including sale by negotiation or by competitive bid) such bonds, notes, or other obligations;
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4 Provide for the rights and remedies of the holders of such bonds, notes, or other obligations upon default; 5 Prescribe any other details with respect to the issuance, sale, or securing of such bonds, notes, or other obligations; and 6 Authorize the Mayor to take any actions in connection with the issuance, sale, delivery, security, and payment of such bonds, notes, or other obligations, including the prescribing of any terms or conditions not contained in such act of the Council. f The fourth sentence of 1-204.46 shall not apply to: 1 Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligations issued under subsection (a)(1) of this section; 2 Any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(1) of this section; 3 Any amount obligated or expended pursuant to provisions made to secure any revenue bond, note, or other obligations issued under subsection (a)(1) of this section; and 4 Any amount obligated or expended pursuant to commitments made in connection with the issuance of revenue bonds, notes, or other obligations for repair, maintenance, and capital improvements relating to undertakings nanced through any revenue bond, note, or other obligation issued under subsection (a)(1) of this section. g (1) The Council may delegate to any housing nance agency established by it (whether established before or after April 12, 1980) the authority of the Council under subsection (a) of this section to issue revenue bonds, notes, and other obligations to borrow money to nance or assist in the nancing of undertakings in the area of primarily low-and moderate-income housing. The Council shall dene for the purposes of the preceding sentence what undertakings shall constitute undertakings in the area of primarily low-and moderate-income housing. Any such housing nance agency may exercise
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authority delegated to it by the Council as described in the rst sentence of this paragraph (whether such delegation is made before or after April 12, 1980) only in accordance with this subsection. 2 Revenue bonds, notes, and other obligations issued by a housing nance agency of the District under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the agency, and any such resolution shall not be considered to be an act of the Council. 3 The 4th sentence of 1-204.46 shall not apply to: A Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection; B Any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under paragraph (1) of this subsection; and C Any amount obligated or expended to secure any revenue bond, note, or other obligation issued under paragraph (1) of this subsection. h (1) The Council may delegate to the District of Columbia Water and Sewer Authority established pursuant to 34-2202.02 the authority of the Council under subsection (a) of this section to issue revenue bonds, notes, and other obligations to borrow money to nance or assist in the nancing or renancing of undertakings in the area of utilities facilities, pollution control facilities, and water and sewer facilities (as dened in subsection (a)(5) of this section). The Authority may exercise authority delegated to it by the Council as described in the rst sentence of this paragraph (whether such delegation is made before or after August 6, 1996) only in accordance with this subsection. 2 Revenue bonds, notes, and other obligations issued by the District of Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the Authority, and any such resolution shall not be considered to be an act of the Council.
122 3 The fourth sentence of 1-204.46 shall not apply to:
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A Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued pursuant to this subsection; B Any amount obligated or expended for the payment of the principal of interest on, or any premium for any revenue bond, note, or other obligation issued pursuant to this subsection; C Any amount obligate or expended to secure any revenue bond, not, or other obligation issued pursuant to this subsection; or D Any amount obligated or expended for repair, maintenance, and capita improvements to facilities nanced pursuant to this subsection. i (1) The Council may delegate to the District of Columbia Tobacco Settlement Financing Corporation (hereafter in this subsection referred to as the Corporation) established pursuant to subchapter III of Chapter 18 of Title 7 the authority of the Council under subsection (a) to issue revenue bonds, notes, and other obligations which are used to borrow money to nance or assist in the nancing or renancing of capital projects and other undertakings of the District of Columbia and which are payable solely from and secured by payments under the Master Tobacco Settlement Agreement. The Corporation may exercise authority delegated to it by the Council as described in the rst sentence of this paragraph (whether such delegation is made before or after the date of the enactment of this subsection) only in accordance with this subsection and the provisions of subchapter III of Chapter 18 of Title 7. 2 Revenue bonds, notes, and other obligations issued by the Corporation under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the Corporation, and any such resolution shall not be considered to be an act of the Council. 3 The fourth sentence of 1-204.46 shall not apply to:
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A Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued pursuant to this subsection; B any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued pursuant to this subsection; C any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this subsection; or D any amount obligated or expended for repair, maintenance, and capital improvements to facilities nanced pursuant to this subsection. 4 In this subsection, the term Master Tobacco Settlement Agreement means the settlement agreement (and related documents), as may be amended from time to time, entered into on November 23, 1998, by the District of Columbia and leading United States tobacco product manufacturers. j The revenue bonds, notes, or other obligations issued under subsection (a)(1) of this section are not general obligation bonds of the District government and shall not be included in determining the aggregate amount of all outstanding obligations subject to the limitation specied in 1- 206.03(b). k The issuance of revenue bonds, notes, or other obligations by the District where the ultimate obligation to repay such revenue bonds, notes, or other obligations is that of one or more nongovernmental persons or entities may be authorized by resolution of the Council. The issuance of all other revenue bonds, notes, or other obligations by the District shall be authorized by act of the Council. l During any control period (as dened in 47-392.09), any act or resolution of the Council authorizing the issuance of revenue bonds, notes, or other obligations under subsection (a)(1) of this section shall be submitted to the District of Columbia Financial Responsibility and Management Assistance Authority for certication in accordance with 47-392.04. Any certication issued by the Authority during a control period shall be eective for purposes of this subsection for revenue bonds, notes, or other obligations issued pursuant to such act or resolution of the Council whether the revenue bonds,
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CONTENTS
notes, or other obligations are issued during or subsequent to that control period. m The following provisions of law shall not apply with respect to property acquired, held, and disposed of by the District in accordance with the terms of any lease-purchase nancing authorized pursuant to subsection (a)(1) of this section: 1 Chapter 8 of Title 10. 2 Subchapter III of Chapter 13 of Title 16. 3 Any other provision of District of Columbia law that prohibits or restricts lease-purchase nancing. n For purposes of this section, the following denitions shall apply:
1 The term revenue bonds, notes, or other obligations means special fund bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) used to borrow money to nance, assist in nancing, renance, or repay, restore or reimburse moneys used for purposes referred to in subsection (a)(1) of this section the principal of and interest, if any, on which are to be paid and secured in the manner described in this section and which are special obligations and to which the full faith and credit of the District of Columbia is not pledged. 2 The term District instrumentality means any agency or instrumentality (including an independent agency or instrumentality), authority, commission, board, department, division, oce, body, or ocer of the District of Columbia government duly established by an act of the Council or by the laws of the United States, whether established before or after August 5, 1997. 3 The term available revenues means gross revenues and receipts, other than general fund tax receipts, lawfully available for the purpose and not otherwise exclusively committed to another purpose, including enterprise funds, grants, subsidies, contributions, fees, dedicated taxes and fees, investment income and proceeds of revenue bonds, notes, or other obligations issued under this section.
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4 The term enterprise fund means a fund or account for operations that are nanced or operated in a manner similar to private business enterprises, or established so that separate determinations may more readily be made periodically of revenues earned, expenses incurred, or net income for management control, accountability, capital maintenance, public policy, or other purposes.
5 The term dedicated taxes and fees means taxes and surtaxes, portions thereof, tax increments, or payments in lieu of taxes, and fees that are dedicated pursuant to law to the payment of the debt service on revenue bonds, notes, or other obligations authorized under this section, the provision and maintenance of reserves for that purpose, or the provision of working capital for or the maintenance, repair, reconstruction or improvement of the undertaking to which the revenue bonds, notes, or other obligations relate.
6 The term tax increments means taxes, other than the special tax provided for in 1-204.81 and pledged to the payment of general obligation indebtedness of the District, allocable to the increase in taxable value of real property or the increase in sales tax receipts, each from a certain date or dates, in prescribed areas, to the extent that such increases are not otherwise exclusively committed to another purpose and as further provided for pursuant to an act of the Council.
0.1.144 0.1.145 0.1.146
Board of Elections amendments. [Omitted] Zoning Commission amendments. [Omitted] Public Service Commission.
There shall be a Public Service Commission whose function shall be to insure that every public utility doing business within the District of Columbia is required to furnish service and facilities reasonably safe and adequate and in all respects just and reasonable. The charge made by any such public utility for any facility or services furnished, or rendered, or to be furnished or rendered, shall be reasonable, just, and nondiscriminatory. Every unjust or unreasonable or discriminating charge for such facility or service is prohibited and is hereby declared unlawful.
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CONTENTS
0.1.147 0.1.148 0.1.149
Armory Board amendments. [Omitted] Board of Education. [Repealed] Independent Financial Management, Personnel, and Procurement authority of District of Columbia Water and sewer authority.
a Financial Management, Personnel, and Procurement Authority. Notwithstanding any other provision of this chapter or any District of Columbia law, the nancial management, personnel, and procurement functions and responsibilities of the District of Columbia Water and Sewer Authority shall be established exclusively pursuant to rules and regulations adopted by its Board of Directors. Nothing in the previous sentence may be construed to aect the application to the District of Columbia Water and Sewer Authority of 1- 204.45a, 1-204.51(d), 1-204.53(c), or 1-204.90(g). b Consistency with existing authorizing law. The rules and regulations adopted by the Board of Directors of the District of Columbia Water and Sewer Authority to establish the nancial management, personnel, and procurement functions and responsibilities of the Authority shall be consistent with the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, as such Act is in eect as of January 1, 2008.
0.1.150 0.1.151 0.1.152 0.1.153
Duties of the Mayor, Council, and Federal Oce of Management and Budget. [Repealed] Authorization of Appropriations. [Repealed] Federal payment formula. [Repealed] Retention of constitutional authority.
Notwithstanding any other provision of this chapter, the Congress of the United States reserves the right, at any time, to exercise its constitutional authority as legislature for the District, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the Council by this chapter, including legislation to amend or repeal any law in force in the District prior to or after enactment of this chapter and any act passed by the Council.
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0.1.154
Limitations on the Council.
a The Council shall have no authority to pass any act contrary to the provisions of this chapter except as specically provided in this chapter, or to: 1 Impose any tax on property of the United States or any of the several states; 2 Lend the public credit for support of any private undertaking; 3 Enact any act, or enact any act to amend or repeal any Act of Congress, which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District; 4 Enact any act, resolution, or rule with respect to any provision of Title 11 (relating to organization and jurisdiction of the District of Columbia courts); 5 Impose any tax on the whole or any portion of the personal income, either directly or at the source thereof, of any individual not a resident of the District (the terms individual and resident to be understood for the purposes of this paragraph as they are dened in 47-1801.04); 6 Enact any act, resolution, or rule which permits the building of any structure within the District of Columbia in excess of the height limitations contained in 6-601.05, and in eect on December 24, 1973; 7 Enact any act, resolution, or regulation with respect to the Commission on Mental Health; 8 Enact any act or regulation relating to the United States District Court for the District of Columbia or any other court of the United States in the District other than the District courts, or relating to the duties or powers of the United States Attorney or the United States Marshal for the District of Columbia;
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CONTENTS
9 Enact any act, resolution, or rule with respect to any provision of Title 23 (relating to criminal procedure), or with respect to any provision of any law codied in Title 22 or 24 (relating to crimes and treatment of prisoners), or with respect to any criminal oense pertaining to articles subject to regulation under Chapter 45 of Title 22 during the 48 full calendar months immediately following the day on which the members of the Council rst elected pursuant to this chapter take oce; or 10 Enact any act, resolution, or rule with respect to the District of Columbia Financial Responsibility and Management Assistance Authority established under 47-391.01(a). b Nothing in this chapter shall be construed as vesting in the District government any greater authority over the National Zoological Park, the National Guard of the District of Columbia, the Washington Aqueduct, the National Capital Planning Commission, or, except as otherwise specically provided in this chapter, over any federal agency, than was vested in the Commissioner prior to January 2, 1975. c (1) Except acts of the Council which are submitted to the President in accordance with Chapter 11 of Title 31, United States Code, any act which the Council determines, according to 1-204.12(a), should take eect immediately because of emergency circumstances, and acts proposing amendments to subchapter IV of this chapter and except as provided in 1-204.62(c) and 1-204.72(d)(1) the Chairman of the Council shall transmit to the Speaker of the House of Representatives, and the President of the Senate, a copy of each act passed by the Council and signed by the Mayor, or vetoed by the Mayor and repassed by two-thirds of the Council present and voting, each act passed by the Council and allowed to become eective by the Mayor without his signature, and each initiated act and act subject to referendum which has been ratied by a majority of the registered qualied electors voting on the initiative or referendum. Except as provided in paragraph (2) of this subsection, such act shall take eect upon the expiration of the 30calendar-day period (excluding Saturdays, Sundays, and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than 3 days, or an adjournment of more than 3 days) beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate, or upon the date prescribed by such act, whichever is later, unless during such 30-day
129
period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 30- day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such 30-day period, shall be deemed to have repealed such act, as of the date such resolution becomes law. The provisions of 1-206.04, except subsections (d), (e), and (f) of such section, shall apply with respect to any joint resolution disapproving any act pursuant to this paragraph. 2 In the case of any such act transmitted by the Chairman with respect to any act codied in Title 22, 23, or 24 of the District of Columbia Code, such act shall take eect at the end of the 60-day period beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate unless, during such 60day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 60-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 60-day period shall be deemed to have repealed such act, as of the date such resolution becomes law. The provisions of 1-206.04, relating to an expedited procedure for consideration of joint resolutions, shall apply to a joint resolution disapproving such act as specied in this paragraph. 3 The Council shall submit with each Act transmitted under this subsection an estimate of the costs which will be incurred by the District of Columbia as a result of the enactment of the act in each of the rst 4 scal years for which the act is in eect, together with a statement of the basis for such estimate.
0.1.155
Budget process; limitations on borrowing and spending.
a Nothing in this chapter shall be construed as making any change in existing law, regulation, or basic procedure and practice relating to the respective roles of the Congress, the President, the federal Oce of Management and Budget, and the Comptroller General of the United States in the preparation, review, submission, examination, authorization, and appropriation of the total budget of the District of Columbia government.
130
CONTENTS
b (1) No general obligation bonds (other than bonds to refund outstanding indebtedness) or Treasury capital project loans shall be issued during any scal year in an amount which would cause the amount of principal and interest required to be paid both serially and into a sinking fund in any scal year on the aggregate amounts of all outstanding general obligation bonds and such Treasury loans, to exceed 17 2 Obligations incurred pursuant to the authority contained in subchapter II of Chapter 3 of Title 3, obligations incurred by the agencies transferred or established by 1-202.01 and 1-202.02, whether incurred before or after such transfer or establishment, and obligations incurred pursuant to general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the nancing of Department of Public Works, Water and Sewer Utility Administration capital projects, shall not be included in determining the aggregate amount of all outstanding obligations subject to the limitation specied in the preceding paragraph. 3 The 17 A Determine the dollar amount equivalent to 17
B Determine the actual total amount of principal and interest to be paid in each scal year for all outstanding general obligation bonds (less the allocable portion of principal and interest to be paid during the year on general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the nancing of Department of Public Works, Water and Sewer Utility Administration capital projects) and such Treasury loans; C Determine the amount of principal and interest to be paid during each scal year over the term of the proposed general obligation bond or such Treasury loan to be issued; and D If in any 1 scal year the sum arrived at by adding subparagraphs (B) and (C) of this paragraph exceeds the amount determined under subparagraph (A) of this paragraph then the proposed general obligation bond or such Treasury loan in subparagraph (C) of this paragraph cannot be issued.
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c Except as provided in subsection (f) of this section, the Council shall not approve any budget which would result in expenditures being made by the District government, during any scal year, in excess of all resources which the Mayor estimates will be available from all funds available to the District for such scal year. The budget shall identify any tax increases which shall be required in order to balance the budget as submitted. The Council shall be required to adopt such tax increases to the extent its budget is approved. For the purposes of this section, the Council shall use a federal payment amount not to exceed the amount authorized by Congress. d Except as provided in subsection (f) of this section, the Mayor shall not forward to the President for submission to Congress a budget which is not balanced according to the provision of subsection (c) of this section. e Nothing in this chapter shall be construed as aecting the applicability to the District government of the provisions of 1341, 1342, and 1349 to 1351 and subchapter II of Chapter 15 of Title 31, United States Code. f In the case of a scal year which is a control year (as dened in 47393(4)), the Council may not approve, and the Mayor may not forward to the President, any budget which is not consistent with the nancial plan and budget established for the scal year under part B of subchapter VII of Chapter 3 of Title 47.
0.1.156
a
Congressional action on certain District matters.
This section is enacted by Congress:
1 As an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by this section; and they supersede other rules only to the extent that they are inconsistent therewith; and 2 With full recognition of the constitutional right of either House to change the rule (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
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CONTENTS
b For the purpose of this section, resolution means only a joint resolution, the matter after the resolving clause of which is as follows: That the .......... approves/disapproves of the action of the District of Columbia Council described as follows: .........., the blank spaces therein being appropriately lled, and either approval or disapproval being appropriately indicated; but does not include a resolution which species more than 1 action. c A resolution with respect to Council action shall be referred to the Committee on the District of Columbia of the House of Representatives, or the Committee on the District of Columbia of the Senate, by the President of the Senate or the Speaker of the House of Representatives, as the case may be. d If the Committee to which a resolution has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move to discharge the Committee from further consideration of any other resolution with respect to the same Council action which has been referred to the Committee. e A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the Committee has reported a resolution with respect to the same action), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. f If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the Committee be made with respect to any other resolution with respect to the same action. g When the Committee has reported, or has been discharged from further consideration of, a resolution, it is at any time thereafter in order (even though a previous motion to the same eect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
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h Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. i Motions to postpone made with respect to the discharge from Committee or the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate. j Appeals from the decisions of the chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
0.1.157
Referendum.
On a date to be xed by the Board of Elections, not more than ve months after December 24, 1973 a referendum (in this part referred to as the charter referendum) shall be conducted to determine whether the registered qualied electors of the District accept the charter set forth in subchapter IV of this chapter.
0.1.158
Board of Elections Authority.
a The Board of Elections shall conduct the charter referendum and certify the results thereof as provided in this part. b Notwithstanding the fact that such section does not otherwise take eect unless the charter is accepted under this subchapter, the applicable provision of part E of this subchapter shall govern the Board of Elections in the performance of its duties under this chapter.
0.1.159
Referendum ballot and notice of voting.
The District of Columbia Home Rule Act, enacted , proposes to establish a charter for the governance of the District of Columbia, but provides that the charter shall take eect only if it is accepted by a majority of the registered qualied voters of the District voting on this issue.
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CONTENTS
Indicate in one of the squares provided below whether you are for or against the charter. [ ] For the charter [ ] Against the charter. In addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualied voters of the District voting on this issue in this referendum vote for the establishment of such councils. Indicate in one of the squares provided below whether you are for or against the establishment of Advisory Neighborhood Councils. [ ] For Advisory Neighborhood Councils [ ] Against Advisory Neighborhood Councils. a The charter referendum ballot shall contain the following, with a blank space appropriately lled: b Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second and fourth paragraphs of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used. c Not less than ve days before the date of the charter referendum, the Board of Elections shall mail to each registered qualied elector (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such elector and the date and hours of voting. d Not less than one day before the charter referendum, the Board of Elections shall publish, in one or more newspapers of general circulation published in the District, a list of the polling places and the date and hours of voting.
0.1.160
Acceptance or nonacceptance of Charter.
a If a majority of the registered qualied electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Board of Elections certies the result of the charter referendum to the President of the United States, as provided in subsection (b) of this section.
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b The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives.
0.1.161
Abolishment of existing government and transfer of functions.
The District of Columbia Council, the Oces of Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia Council, and the 7 other members of the District of Columbia Council, and the Ofces of the Commissioner of the District of Columbia and Assistant to the Commissioner of the District of Columbia, as established by Reorganization Plan No. 3 of 1967, are abolished as of noon January 2, 1975. This section shall not be construed to reinstate any governmental body or oce in the District abolished in said plan or otherwise heretofore.
0.1.162
Certain delegated functions; functions of certain agencies.
No function of the District of Columbia Council (established under Reorganization Plan No. 3 of 1967) or of the Commissioner of the District of Columbia which such District of Columbia Council or Commissioner has delegated to an ocer, employee, or agency (including any body of or under such agency) of the District, nor any function now vested pursuant to 501 of Reorganization Plan No. 3 of 1967 in the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment, Oce of the Recorder of Deeds, or Armory Board, or in any ocer, employee, or body of or under such agency, shall be considered as a function transferred to the Council pursuant to 1-204.04(a). Each such function is hereby transferred to the ocer, employee, or agency (including any body of or under such agency), to whom or to which it was delegated, or in whom or in which it has remained vested, until the Mayor or Council established under this chapter, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation or vesting.
0.1.163
Transfer of personnel, property, and funds.
a In each case of the transfer, by any provision of this chapter, of functions to the Council, to the Mayor, or to any agency or ocer, there are hereby authorized to be transferred (as of the time of such transfer of functions)
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CONTENTS
to the Council, to the Mayor, to such agency, or to the agency of which such ocer is the head, for use in the administration of the functions of the Council or such agency or ocer, the personnel (except the Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the other members thereof, all of whose ocers are abolished by this chapter), property, records, and unexpended balances of appropriations and other funds which relate primarily to the functions so transferred. b If any question arises in connection with the carrying out of subsection (a) of this section, such questions shall be decided: 1 In the case of functions transferred from a Federal ocer or agency, by the Director of the Oce of Management and Budget; and 2 In the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferred to him or to any other ocer of agency. c Any of the personnel authorized to be transferred to the Council, the Mayor, or any agency by this section which the Council or the head of such agency shall nd to be in excess of the personnel necessary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service. d No ocer or employee shall, by reason of his transfer to the District government under this chapter or his separation from service under this chapter, be deprived of any civil service rights, benets, and privileges held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service.
0.1.164
Existing statutes, regulations, and other actions.
a Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any ocer or agency from which any function is transferred by this chapter shall, except to the extent
137
modied or made inapplicable by or under authority of law, continue in eect as if such transfer had not been made; but after such transfer, references in such statute, regulation, or other action to an ocer or agency from which a transfer is made by this chapter shall be held and considered to refer to the ocer or agency to which the transfer is made. b As used in subsection (a) of this section, the term other action includes, without limitation, any rule, order, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation. c Unless otherwise specically provided in this chapter, nothing contained in this chapter shall be construed as aecting the applicability to the District government of personnel legislation relating to the District government until such time as the Council may otherwise elect to provide equal or equivalent coverage.
0.1.165
Pending actions and proceedings.
a No suit, action, or other judicial proceeding lawfully commenced by or against any ocer or agency in his or its ocial capacity or in relation to the exercise of his or its ocial functions, shall abate by reason of the taking eect of any provision of this chapter; but the court, unless it determines that the survival of such suit, action, or other proceedings is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate. b No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking eect of any provision of this chapter, but such action or proceeding shall be continued with such substitutions as to parties and ocers or agencies as are appropriate.
0.1.166
Vacancies resulting from abolishment of oces of Commissioner and Assistant to the Commissioner.
Until the 1st day of July next after the rst Mayor takes oce under this chapter no vacancy occurring in any District agency by reason of 1-207.11, abolishing the oces of Commissioner of the District of Columbia and Assistant to the Commissioner, shall aect the power of the remaining members
138
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of such agency to exercise its functions; but such agency may take action only if a majority of the members holding oce vote in favor of it.
0.1.167
Status of the District.
a All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in 1-102. Said Corporation shall continue to be charged with all the duties, obligations, responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges, immunities, and assets, respectively, imposed upon and vested in said Corporation or the Commissioner. b No law or regulation which is in force on January 2, 1975 shall be deemed amended or repealed by this chapter except to the extent specically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of chapter 73 of title 5, United States Code in whole or in part. c Nothing contained in this section shall aect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).
0.1.168
Continuation of District of Columbia court system.
a The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, and the District of Columbia Commission on Judicial Disabilities and Tenure shall continue as provided under the District of Columbia Court Reorganization Act of 1970 subject to the provisions of part C of subchapter IV of this chapter and 1-206.02(a)(4). b The term and qualications of any judge of any District of Columbia court, and the term and qualications of any member of the District of Columbia Commission on Judicial Disabilities and Tenure appointed prior to the eective date of subchapter IV of this chapter shall not be aected by
139
the provisions of part C of subchapter IV of this chapter. No provision of this chapter shall be construed to extend the term of any such judge or member of such Commission. Judges of the District of Columbia courts and members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed after the eective date of subchapter IV of this chapter shall be appointed according to part C of such subchapter IV. c Nothing in this chapter shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benets accruing under 11-1561 through 111571 and 11-703 and 11-904, dealing with the retirement and compensation of the judges of the District of Columbia courts.
0.1.169
Continuation of the Board of Education.
The term of any member elected to the District of Columbia Board of Education, and the powers and duties of the Board of Education shall not be aected by the provisions of 1-204.95. No provision of such section shall be construed to extend the term of any such member or to terminate the term of any such member.
0.1.170
Powers of the President during transitional period.
The President of the United States is hereby authorized and requested to take such action during the period following the date of the enactment of this chapter and ending on the date of the rst meeting of the Council, by Executive Order or otherwise, with respect to the administration of the functions of the District government, as he deems necessary to enable the Board of Elections properly to perform its function under this chapter.
0.1.171
Reimbursable appropriations for the District.
a The Secretary of the Treasury is authorized to advance to the District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise appropriated, for use (1) in the paying the expenses of the Board of Education (including compensation of the members thereof), and (2) in otherwise carrying into eect the provisions of this chapter. b The full amount expended out of the money advanced pursuant to this section shall be reimbursed to the United States, without interest, during the second scal year which begins after January 2, 1975, from the general fund of the District.
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0.1.172
Interim loan authority.
a The Mayor is authorized to accept loans for the District from the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums as the Mayor may determine are required to complete capital projects for which construction and construction services funds have been authorized or appropriated, as the case may be, by Congress prior to October 1, 1983, or the date of the enactment of the appropriation act for the scal year ending September 30, 1984, for the government of the District of Columbia, whichever is later. In addition, such loans may include funds to pay the Districts share of the cost of the adopted regional system specied in the National Capital Transportation Act of 1969. b Loans advanced pursuant to this section during any six-month period shall be at a rate of interest determined by the Secretary as of the beginning of such period, which, in his judgment, would reect the cost of money to the Treasury for borrowing at a maturity approximately equal to the period of time the loan is outstanding. c Subject to the limitations contained in 1-206.03(b), there is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the scal year ending September 30, 1982, the sum of $155,000,000 for the scal year ending on September 30, 1983, and the sum of $155,000,000 for the scal year ending on September 30, 1984. d The authority contained in this section to make loans shall be eective for any scal year only to such extent or in such amounts as are provided in appropriations acts.
0.1.173
Political participation in certain elections rst held under this chapter.
a In order to provide continuity in the government of the District of Columbia during the transition from the appointed government to the elected government provided for under this chapter, no person employed by the United States or by the government of the District of Columbia shall be prohibited by reason of such employment: 1 From being a candidate in the rst primary election and general election held under this chapter for the oce of Mayor or Chairman or member of
141
the Council of the District of Columbia provided for under subchapter IV; and 2 If such a candidate, from taking an active part in political management or political campaigns in any election referred to in paragraph (1) of this subsection. b Such candidacy shall be deemed to have commenced on the day such person obtains from the Board of Elections an ocial nominating petition with his name stamped thereon, and shall terminate: 1 In the case of such candidate who ceases to be eligible as a nominee for the oce with respect to which such petition was obtained by reason of his inability or failure to qualify as a bona de nominee prior to the expiration of the nal date for ling such petition under the election laws of the District of Columbia, on the day following such expiration date; 2 In the case of such candidate who is elected to any such oce with respect to which such nominating petition was obtained, on the day such candidate takes oce following the election held with respect thereto; 3 In the case of such candidate who is defeated in a primary election held to nominate candidates for the oce with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such primary election; and 4 In the case of such candidate who fails to be elected in a general election to any such oce with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such election. c The provisions of this section shall terminate as of January 2, 1975
0.1.174
Services between United States government and District government.
a To prevent duplication and to promote eciency and economy, an ocer or employee of:
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CONTENTS
1 The United States government may provide services to the District of Columbia government; and 2 The District of Columbia government may provide services to the United States government. b A (1) Services under this section shall be provided under an agreement: Negotiated by ocers and employees of the 2 governments; and
B Approved by the Director of the Oce of Management and Budget and the Mayor of the District of Columbia. 2 Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services. 3 To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of ocers and employees of: A The District of Columbia government to ocers and employees of the United States government; and B The United States government to ocers and employees of the District of Columbia government. c In providing services under an agreement made under subsection (b) of this section: 1 Costs incurred by the United States government may be paid from appropriations available to the District of Columbia government ocer or employee to whom the services were provided; and 2 Costs incurred by the District of Columbia government may be paid from amounts available to the United States government ocer or employee to whom the services were provided.
143
d When requested by the Director of the United States Secret Service Division, the Chief of the Metropolitan Police shall assist the Secret Service and the United States Secret Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties under 202 of Title 3 of the United States Code and 3056 of Title 18 of the United States Code.
0.1.175
Personal interest in contracts or transactions.
Any ocer or employee of the District who is convicted of a violation of 208 of Title 18, United States Code, shall forfeit his oce or position.
0.1.176
Compensation from more than one source.
a Except as provided in this chapter, no person shall be ineligible to serve or to receive compensation as a member of the Board of Elections because he occupies another oce or position or because he receives compensation (including retirement compensation) from another source.
b The right to another oce or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of such Board, if such service does not interfere with the discharge of his duties in such other oce or position.
0.1.177
Assistance of the United States Civil Service Commission in development of District merit system.
The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the further development of the merit system or systems required by 1-204.22(3) and the said Commission is authorized to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to ll District positions as needed. The costs of any specic services furnished by the Civil Service Commission may be compensated for under the provisions of 1-207.31.
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CONTENTS
0.1.178 0.1.179
Revenue Sharing Restrictions Amendment. [Omitted] Independent audit.
a In addition to the audit carried out under 1-204.55, the Comptroller General each year shall audit the accounts and operations of the District of Columbia government. An audit shall be carried out according to principles, under regulations, and in a way the Comptroller General prescribes. When prescribing the procedures to follow and the extent of the inspection of records, the Comptroller General shall consider generally accepted principles of auditing, including the eectiveness of accounting organizations and systems, internal audit and control, and related administrative practices. b The Comptroller General shall submit each audit report to Congress and (other than the audit reports of the District of Columbia Courts) the Mayor and Council of the District of Columbia. The report shall include the scope of an audit, information the Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable. c (1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress. 2 After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent. d To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit.
0.1.180
Adjustments.
a Subject to 31 U.S.C. 1537, the Mayor, with the approval of the Council, and the Director of the Oce of Management and Budget, is authorized and
145
empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the District to the United States, or by the United States to the District, shall be ascertained and paid. b The United States shall reimburse the District for necessary expenses incurred by the District in connection with assemblages, marches, and other demonstrations in the District which relate primarily to the federal government. The manner and method of ascertaining and paying the amounts needed to so reimburse the District shall be determined by agreement entered into in accordance with subsection (a) of this section. c Each ocer and employee of the District required to do so by the Council shall provide a bond with such surety and in such amount as the Council may require. The premiums for all such bonds shall be paid out of appropriations for the District.
0.1.181
Advisory neighborhood commissions.
a The Council shall by act divide the District into neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of the registered qualied electors of a Neighborhood Commission area, shall establish for that neighborhood an elected Advisory Neighborhood Commission. In designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of administration of services. b Elections for members of each Advisory Neighborhood Commission shall be nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory Neighborhood Commission members shall be elected from single-member districts within each neighborhood commission area by the registered qualied electors of such district. c Each Advisory Neighborhood Commission:
1 May advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood commission area; 2 May employ sta and expend, for public purposes within its neighborhood commission area, public funds and other funds donated to it; and
146
CONTENTS
3 Shall have such other powers and duties as may be provided by act of the Council. d In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each Advisory Neighborhood Commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of signicance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation. e In order to pay the expenses of the Advisory Neighborhood Commissions, enable them to employ such sta as may be necessary, and to conduct programs for the welfare of the people in a neighborhood commission area, the District government shall allot funds to the Advisory Neighborhood Commissions out of the general revenues of the District. The funding apportioned to each Advisory Neighborhood Commission shall bear the same ratio to the full sum allotted as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of nancing Advisory Neighborhood Commissions. f The Council shall by act make provisions for the handling of funds and accounts by each Advisory Neighborhood Commission and shall establish guidelines with respect to the employment of persons by each Advisory Neighborhood Commission, which shall include xing the status of such employees with respect to the District government, but all such provisions and guidelines shall be uniform for all Advisory Neighborhood Commissions and shall provide that decisions to employ and discharge employees shall be made by the Advisory Neighborhood Commission. These provisions shall conform to the extent practicable to the regular budgetary, expenditure and auditing procedures and the personnel merit system of the District. g The Council shall have authority, in accordance with the provisions of this chapter, to legislate with respect to the Advisory Neighborhood Commissions established in this section. h The foregoing provisions of this section shall take eect only if agreed to in accordance with the provisions of 1-207.03(a).
147
0.1.182
National Capital Service Area.
a There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the federal executive, legislative, and judicial oce buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (e) of this section. b There is established in the Executive Oce of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specied in subsection (a) of this section and particularly described in subsection (e) of this section, adequate re protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as dened in 10-503.11 and 10-503.26, the United States Supreme Court Building and Grounds as dened in 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), and the Library of Congress Buildings and Grounds as dened in 11 of the Act of August 4, 1950, as amended (2 U.S.C. 167j), the National Capital Service Director shall assure that there is provided within the remainder of such area specied in subsection (a) and subsection (e), adequate police protection and maintenance of streets and highways. c The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of 5314 of Title 5 of the United States Code. The Director may appoint, subject to the provisions of Title 5 of the United States Code governing appointments in the competitive service, and x the pay of, in accordance with the provisions of Chapter 51 and subchapter III of Chapter 53 of such title relating to classication and General Schedule pay rates, such personnel as may be necessary. d [Omitted].
e (1) Within 1 year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability
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CONTENTS
of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director. 2 Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection. f (1)(A) The National Capital Service Area referred to in subsection (a) of this section is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River;thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center;thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway;thence east on the expressway to E Street Northwest and thence east on E Street Northwest to 18th Street Northwest;thence south on 18th Street Northwest to Constitution Avenue Northwest;thence east on Constitution Avenue to 17th Street Northwest;thence north on 17th Street Northwest to Pennsylvania Avenue Northwest;thence east on Pennsylvania Avenue to Jackson Place Northwest;thence north on Jackson Place to H Street Northwest;thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to 15th Street Northwest;thence south on 15th Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to 3rd Street Northwest; thence north on 3rd Street Northwest to D Street Northwest; thence east on D Street Northwest to 2nd Street Northwest; thence south on 2nd Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to 2nd Street Northeast; thence south on 2nd Street Northeast to D Street Northeast; thence west on D Street Northeast to 1st Street Northeast; thence south on 1st Street Northeast to Maryland Av-
149
enue Northeast; thence generally north and east on Maryland Avenue to 2nd Street Northeast; thence south on 2nd Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to 2nd Street Southwest; thence south on 2nd Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to 3rd Street Southwest; thence north on 3rd Street Southwest to C Street Southwest; thence west on C Street Southwest to 6th Street Southwest; thence north on 6th Street Southwest to Independence Avenue; thence west on Independence Avenue to 12th Street Southwest; thence south on 12th Street Southwest to D Street Southwest; thence west on D Street Southwest to 14th Street Southwest; thence south on 14th Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of conuence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of conuence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.
B Where the area in subparagraph (A) of this paragraph is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.
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CONTENTS
2 Any federal real property aronting or abutting, as of December 24, 1973, the area described in paragraph (1) of this subsection shall be deemed to be within such area. 3 For the purposes of paragraph (2) of this subsection, federal real property aronting or abutting such area described in paragraph (1) of this subsection shall: A Be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and B Not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the 11th Street Bridge, or any portion of the Rock Creek Park. g (1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to le, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and eect as if included in this chapter, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government. 2 In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as dened in 10-503.11 and 10-503.26, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol.
151
h (1) Except to the extent specically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as dened in 10-503.11 and 10-503.26, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as dened in 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), and the Library of Congress Buildings and Grounds as dened in 11 of the Act of August 4, 1950, as amended (2 U.S.C. 167j), and except to the extent herein specically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of 10-503.11 to 10-503.19, 10-503.21 to 10-503.26, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in eect on the date immediately preceding January 2, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date immediately preceding January 2, 1975, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other ocer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress.
2 Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this chapter to be rendered or furnished (including maintenance of streets and highways, and services under 1- 207.31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other ocer of the legislative branch vested by law or otherwise on such date immediately preceding January 2, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services).
152
CONTENTS
i Except to the extent otherwise specically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in eect on the date immediately preceding January 2, 1975, and which, on such date immediately preceding January 2, 1975, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modied, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modication. j In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area.
0.1.183
Emergency control of police.
a Notwithstanding any other provision of law, whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate. In no case, however, shall such services made available pursuant to any such direction under this subsection extend for a period in excess of 48 hours unless the President has, prior to the expiration of such period, notied the Chairmen and ranking minority members of the Committees on the District of Columbia of the Senate and the House of Representatives, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue. b Subject to the provisions of subsection (c) of this section, such services made available in accordance with subsection (a) of this section shall terminate upon the end of such emergency, the expiration of a period of 30 days following the date on which such services are rst made available, or the
153
enactment into law of a joint resolution by the Congress providing for such termination, whichever rst occurs.
c Notwithstanding the foregoing provisions of this section, in any case in which such services are made available in accordance with the provisions of subsection (a) of this section during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the 30-day period following the date on which Congress rst convenes following such adjournment, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever rst occurs.
d Except to the extent provided for in subsection (c) of this section, no such services made available pursuant to the direction of the President pursuant to subsection (a) of this section shall extend for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension.
0.1.184 0.1.185
Holding Oce in the District. [Repealed] Open meetings.
a All meetings (including hearings) of any department, agency, board, or commission of the District government, including meetings of the Council of the District of Columbia, at which ocial action of any kind is taken shall be open to the public. No resolution, rule, act, regulation, or other ocial action shall be eective unless taken, made, or enacted at such meeting.
b A written transcript or a transcription shall be kept for all such meetings and shall be made available to the public during normal business hours of the District government. Copies of such written transcripts or copies of such transcriptions shall be available, upon request, to the public at reasonable cost.
154
CONTENTS
0.1.186 0.1.187 0.1.188
Termination of the Districts Authority to Borrow from the Treasury. [Omitted] Amendments. [Omitted] District Council authority over elections.
Notwithstanding any other provision of this chapter or of any other law, the Council shall have authority to enact any act or resolution with respect to matters involving or relating to elections in the District.
0.1.189
Construction.
a To the extent that any provisions of this chapter are inconsistent with the provisions of any other laws, the provisions of this chapter shall prevail and shall be deemed to supersede the provisions of such laws. b No law or regulation which is in force on January 2, 1975, shall be deemed amended or repealed by this chapter except to the extent specically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of Chapter 73 of Title 5, United States Code, in whole or in part.
0.1.190
Severability.
If any particular provision of this chapter, or the application thereof to any person of circumstance, is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be aected thereby.
0.1.191 0.1.192 0.1.193
Specied Governmental Authority. Establishment. [Expired] Plan of operation for the Agency.
a The captive manager shall submit to the Risk Ocer a plan of operation for the Agency that has been approved by the Commissioner and any
155
amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the Agency. b The plan of operation shall:
1 Become eective upon approval in writing by the Commissioner and the Risk Ocer; 2 Establish procedures for the operation of the Agency; 3 Establish procedures for health centers to qualify to purchase medical malpractice insurance from the Agency; 4 Establish procedures for oering gap coverage for the Districts Federally Qualied Health Centers; 5 Establish procedures, under the management of the Risk Ocer, for the payment of administrative expenses; 6 Establish procedures for adjustment and payment of claims made under the policies issued by the Agency, including procedures for administrative review and resolution of disputes arising over such claims; 7 Establish procedures for tail coverage to health centers purchasing medical malpractice liability coverage through the Agency; 8 Develop standards for the level of subsidies that shall be provided to health centers to oset premiums due to the Agency; 9 Establish rules, conditions, and procedures for facilitating the reinsurance of risks of participating health centers; 10 Establish risk management standards to which the health centers shall adhere and auditing procedures for the compliance of risk management standards by health centers; 11 Establish underwriting guidelines for policyholders; and
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CONTENTS
12 Provide for other matters as may be necessary and proper for the execution of the Risk Ocers and the captive managers respective powers, duties, and obligations under this part.
0.1.194
Approval of plan of operation by Commissioner; annual report to Commissioner; nancial examination.
a Prior to the oering and issuance of insurance policies, the Agency shall submit to the Commissioner for approval a plan of operation which meets the requirements of 1-307.87. The Agency shall also submit to the Commissioner for approval any proposed material changes to the plan. b On or before March 2 of each year, the Agency shall submit to the Commissioner, on a form prescribed by the Commissioner by rule, a report of its nancial condition, as prepared by a certied public accountant. The Agency shall le a consolidated report on behalf of each of its segregated accounts. The Agency shall use generally accepted accounting principles and include any useful or necessary modications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, as supplemented by additional information required by the Commissioner. c (1) The Commissioner, or his designee, may visit the Agency at such times as he or she considers necessary to thoroughly inspect and examine the aairs of the Agency to ascertain: A The nancial condition of the Agency;
B The ability of the Agency to fulll its obligations; and C Whether the Agency has complied with the provisions of this part and the rules adopted pursuant thereto. 2 The Commissioner may require the Agency to retain qualied independent legal, nancial, and examination services from outside the Department of Insurance, Securities, and Banking to conduct the examination and make recommendations to the Commissioner. The cost of the examination shall be paid by the Agency.
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0.1.195
Advisory Council to the Agency.
a There is established an Advisory Council to the Agency to assist and advise the Risk Ocer regarding the Agency. b The Advisory Council shall consist of 7 members appointed by the Risk Ocer. One member shall represent the District of Columbia Primary Care Association, 2 members shall represent District of Columbia health centers, and 4 members shall have insurance expertise. c The Risk Ocer and the captive manager shall serve as ex ocio members of the Advisory Council. d The Risk Ocer shall serve as chairperson of the Advisory Council.
e Except as provided in subsection (f) of this section, Advisory Council members shall serve terms of 3 years. An Advisory Council members term shall continue until his or her successor is appointed. The Advisory Council members may be reappointed for additional terms. f The Risk Ocer shall determine the terms the initial Advisory Council members shall serve. Three of the Advisory Council members shall serve terms of 2 years, 2 shall serve terms of 4 years, and 2 shall serve terms of 6 years. g Vacancies in the Advisory Council shall be lled by the Risk Ocer. Advisory Council members may be removed by the Risk Ocer for cause. h Advisory Council members shall not be compensated in their capacity as Advisory Council members, but shall be reimbursed for reasonable expenses incurred in the necessary performance of their duties. i The Advisory Council shall:
1 Advise the Risk Ocer in the general oversight of the Agency; 2 Assess the needs and interests of the health centers; and
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CONTENTS
3 Meet at least on an annual basis, at meetings announced by the Risk Ocer.
0.1.196
a
Management of the Agency.
The Agency shall be administered by the Risk Ocer.
b The Risk Ocer shall employ a captive manager who shall run the dayto-day aairs of the Agency and shall report to the Risk Ocer. The Risk Ocer shall employ such other professionals as are necessary or appropriate to eectuate the purposes of this part. c The Risk Ocer may delegate the authority to perform any function authorized to be performed by the Risk Ocer under this part. d The Risk Ocer may hire Agency sta.
0.1.197
Report to the Council.
On or before March 1 of each year, the Central Collection Unit shall issue a report to the Mayor and the Council that includes: 1 The amount of delinquent debt collected in the preceding scal year; 2 The amount of uncollected delinquent debt owed to the District; and 3 A summary of the eorts made to collect delinquent debt owed to the District and the challenges that remain for collecting it.
0.1.198
a
Authority of the Agency.
The Agency shall have the authority to:
1 Enter into contracts as are necessary or proper to carry out the provisions and purposes of this part, including the authority to enter into contracts with similar captives of other states for the joint performance of common administrative functions or with persons or other entities for the performance of organizational, management, or administrative functions; 2 Take such action as necessary:
159
A To avoid the payment of improper claims against the Agency or the coverage provided by or through the Agency; B To recover any amounts erroneously or improperly paid by the Agency; C To recover any amounts paid by the Agency as a result of mistake of fact or law; or D To recover or collect premiums or other amounts due the Agency;
3 Establish and modify rates, rate schedules, rate adjustments, expense allowances, claim reserve formulas, and any other actuarial function appropriate to the operation of the Agency; provided, that adjustments to rates and rate schedules shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices; 4 Issue policies of medical malpractice insurance, including tail coverage, in accordance with the requirements of the plan of operation under 1- 307.87; 5 Appoint appropriate legal, actuarial, audit, and other committees as necessary to provide technical assistance in the operation of the Agency, policy and other contract design, and any other function within the authority of the Agency; 6 Employ and x the compensation of employees; 7 Prepare and distribute certicate of eligibility forms and enrollment instruction forms to health centers; 8 Provide for reinsurance of risks incurred by the Agency; 9 Provide for, and employ, cost containment measures and risk management program standards; 10 Seek and receive grant funding from the United States government, District departments or agencies, and private foundations;
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CONTENTS
11 Adopt policies, procedures, rules, and standards as may be necessary or convenient for the operation of the Agency consistent with this part; 12 Adopt and administer personnel policies and procedures;
13 Employ its own general counsel and special counsel from time to time, as needed; 14 Adopt and administer its own procurement and contracting policies and procedures; 15 Select, retain, and employ professionals, contractors, or agents which are necessary or convenient to enable or assist the Agency in carrying out the purposes of the Agency; and 16 Provide gap coverage to the Districts Federally Qualied Health Centers for medical malpractice risks. b Upon the request of the Risk Ocer, the Mayor and the governing ocer or body of each instrumentality of the District, by delegation or agreement, may direct that personnel or other resources of a District agency or instrumentality be made available to the Agency on a full cost-reimbursable basis to carry out the Agencys duties. Personnel detailed to the Agency under this subsection shall not be considered employees of the Agency, but shall remain employees of the agency or instrumentality from which the employees were detailed. With the consent of an executive agency, department, or independent agency of the federal government or the District government, the Agency may use the information, services, sta, and facilities of the department or agency on a full cost-reimbursable basis.
0.1.199
Establishment of the District of Columbia Medical Liability Captive Insurance Agency.
a There is established, as a subordinate agency under the Mayor, the District of Columbia Medical Liability Captive Insurance Agency. b The purpose of the Agency is to provide medical malpractice liability insurance policies for health centers, including coverage for the sta, contractors, and volunteer service providers for the services provided at the
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health centers. The liability of the Agency for medical malpractice liability insurance policies shall be limited to the funds in the Medical Liability Captive Trust Fund.
0.1.200
Denitions.
For the purposes of this part, the term: 1 Advisory Council means the advisory council established by 1-307.85. 2 Agency means the District of Columbia Medical Liability Captive Insurance Agency. 3 Captive manager means the person appointed by the Risk Ocer pursuant to 1-307.84(b) to run the day-to-day aairs of the Agency. 4 Commissioner means the Commissioner of the Department of Insurance, Securities, and Banking. 5 Fund or Medical Liability Captive Trust Fund means the Medical Liability Captive Trust Fund established under 1-307.91. 6 Federally qualied health center shall have the same meaning as provided in section 1861(aa)(4) of the Social Security Act, approved August 14, 1935 (79 Stat. 313; 42 U.S.C. 1395x(aa)(4)). 7 Gap coverage means coverage for medical malpractice risks of the Districts Federally Qualied Health Centers not covered through the Federal Tort Claims Act, approved August 2, 1946 (60 Stat. 847; 15 U.S.C. 41 et seq.). 8 Health center means a health center or service that: A Has obtained all licenses, permits, and certicates of occupancy or need that are required as a precondition to lawful operation in the District; B Is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. 501(c)(3));
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C Is certied by the Commissioner to meet the requirements of this part; and D Accepts and provides services to individuals regardless of ability to pay; provided, that a health center may accept payment from: i Health insurance providers for services rendered, if a patient has such insurance coverage and consents in writing to the ling of a claim for benets to which the patient is eligible; and ii Patients on a sliding fee scale.
9 Operational means that the Council has approved insurance policies for the health centers covered under part B of this subchapter. 10 Risk Ocer means the Chief Risk Ocer, established by Reorganization Plan No. 1 of 2003, eective December 15, 2003 [D.C. Ocial Code, subchapter XVIII, Chapter 15, Title 1]. 11 Tail coverage means liability insurance purchased by an insured to extend the insurance coverage beyond the end of the policy period of a liability policy written on a claims-made basis. 12 Volunteer service provider means any person licensed to practice in the District who provides health-care, rehabilitative, social, or related administrative services: A At a health center;
B To or with respect to a patient of the health center; and C Without receiving payment from the District government for the performance of those services.
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0.1.201
Report to Council.
The Mayor shall provide a comprehensive report on the costs and benets of the administration of the Opportunity Account Oce and opportunity account programs to the Council 18 months after April 3, 2001, and every 2 years thereafter.
0.1.202
Rulemaking.
The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, to carry out the purposes and functions of this part.
0.1.203
Exclusion of opportunity account funds from public assistance program calculations.
Funds in an opportunity account, including accrued interest, shall not be considered in the determination of whether a person is eligible to receive, or the determination of the amount of, any public assistance or benets.
0.1.204
a
Use of reserve funds for administrative expenses.
No more than 20
b Funds deposited by account holders shall not be used for administrative costs.
0.1.205
Disposition upon death.
a An account holder shall designate in writing a contingent beneciary at the time the account is established. b In the event of the death of an account holder, ownership of the account shall be transferred to the contingent beneciary. If the contingent beneciary is deceased, is not eligible to be an account holder, or otherwise cannot or will not accept ownership of the account, the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided and the funds in the opportunity account shall be disbursed in accordance with District of Columbia law.
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CONTENTS
c The account holder may change, by a written instrument, his or her designation of the contingent beneciary at any time.
0.1.206
Emergency withdrawal.
a An account holder may make an emergency withdrawal of his or her opportunity account funds in accordance with this section. b An account holder may make an emergency withdrawal for:
1 Paying the costs of medical care or the expenses necessary to obtain medical care for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder; 2 Making a payment necessary to prevent the eviction of the account holder from the primary residence of the account holder or to prevent foreclosure on a mortgage for the primary residence of the account holder; or 3 Making payments necessary to enable the account holder to meet necessary living expenses following loss of employment. c An account holder making an emergency withdrawal shall only withdraw funds deposited by the account holder and shall not withdraw matching funds; d An emergency withdrawal shall not be made unless authorized by an administering organization on a case-by-case basis. e An account holder shall deposit funds into the opportunity account in the same amount as the funds withdrawn from the account for the emergency withdrawal no later than 12 months after the date of the withdrawal. If the account holder fails to make the deposit: 1 The account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided; 2 The account holder shall be removed from the opportunity account program; and
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3 All funds deposited by the account holder into the opportunity account shall be returned to the account holder.
0.1.207
Use of opportunity account funds.
a An account holder may withdraw his or her opportunity account funds or matching funds for any of the following purposes, if approved by the administering organization: 1 To pay educational costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited institution of higher education; 2 To pay job training costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited or licensed training program; 3 To purchase a primary residence; 4 To pay for major repairs or improvements to a primary residence; 5 To fund start-up costs of a business for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder; 6 To pay for costs associated with a medical emergency, to the extent that those costs are not covered by insurance; 7 To pay for costs and expenses incurred during retirement; 8 To purchase a federally qualied individual retirement account if such purchase takes place not earlier than 5 years after the establishment of the opportunity account. b If an account holder withdraws opportunity account funds or matching funds for a purpose not allowed by this part: (1) the account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided; (2) the account holder shall be removed from the opportunity account program; and (3) all funds deposited by the
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CONTENTS
account holder into the opportunity account shall be returned to the account holder. The Mayor may establish, by rule, an opportunity for an account holder to reinstate funds to his or her opportunity account or matching funds account after an unlawful withdrawal before the penalties in this subsection shall take eect.
0.1.208
Indemnication.
Present, future, and former District of Columbia Retirement Board members and employees shall be indemnied by the District of Columbia from all claims and liability, including court costs and attorneys fees, because of any action taken pursuant to this part.
0.1.209
Matching funds and return of matching funds; tax exemption.
a The administering organization shall deposit into a matching funds account for the account holder matching funds of at least $2 for every dollar that the account holder deposits into the account. b Subject to annual available appropriations, the District of Columbia shall provide to an administering organization matching funds of $2, to be deposited into the matching funds account for the account holder, for every dollar that the account holder deposits into the opportunity account; provided that: 1 The District of Columbia shall not provide matching funds for the account unless the administering organization provides matching funds in at least the same amount; and 2 The District of Columbia shall provide no more than $3,000 in the aggregate in matching funds per account. c There shall be no limit on federal or private matching funds made available to an account holder. d Subject to annual available appropriations, matching funds deposited into a matching funds account or withdrawn by an account holder from a matching funds account shall be exempt from taxation under District of Columbia law; provided, that any money withdrawn from a matching funds
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account by an account holder for an unapproved use shall be taxed as income to the account holder, unless the funds are reinstated in accordance with 1307.68(d). e The administering organization shall deposit matching funds in an account separate from the opportunity account. The separate account may be the opportunity account reserve fund account. f Except for matching funds used for an approved purpose under 1307.68(a) before 10 years after the establishment of the opportunity account, the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided 10 years after the establishment of the opportunity account.
0.1.210
a
Eligibility to open an opportunity account; account limit.
An individual whose household income does not exceed 85
b The total balance in an opportunity account, except interested earned on matching funds or funds deposited into the account by the account holder, shall not exceed $10,000.
0.1.211
Financial institution establishment of opportunity accounts.
a A nancial institution shall not establish an opportunity account for an account holder unless the establishment of the account by the nancial institution is approved by the Mayor. The Mayor may grant general approval to a nancial institution to establish an opportunity account for any person meeting specied standards. b A nancial institution may establish an opportunity account reserve fund account if the establishment of the account by the nancial institution is approved by the Mayor. The Mayor may grant general approval to a nancial institution to establish an opportunity account reserve fund account for any organization meeting specied standards.
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CONTENTS
c A nancial institution establishing an opportunity account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account has been established and that funds have been deposited into the account. d A nancial institution establishing an opportunity account reserve fund account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account reserve fund account has been established and that funds have been deposited into the account. e A nancial institution establishing an opportunity account shall:
1 Maintain the account in the name of the account holder alone or in a subaccount of an escrow or custodial account in the name of the administering organization; 2 Permit deposits to be made in the account by the account holder or an organization on behalf of the account holder; 3 Provide at least the market rate of interest for the account; and 4 Permit the account holder, or, if in an escrow or custodial account, the administering organization, to withdraw money from the account.
0.1.212
Responsibilities of administering organization.
An administering organization shall: 1 Administer opportunity accounts in accordance with this part and all rules promulgated under this part and in conformity with the organizations application as approved by the Mayor; 2 Establish an opportunity account reserve fund account at a nancial institution and deposit into that account sucient funds to administer the organizations opportunity account program and to provide potential matching funds for opportunity accounts in the organizations opportunity account program; and
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3 Review and approve expenditures of opportunity account funds to ensure that the expenditures are used for a purpose permitted under this part.
0.1.213
Solicitation and consideration of proposals by organizations to administer opportunity account programs.
a The Mayor shall solicit proposals from private organizations to administer opportunity accounts on a nonprot basis. Organization proposals shall include: 1 A description of the qualications of the organization to administer an opportunity accounts program; 2 A description of the ability and plans of the organization to provide or raise sucient funds to provide matching contributions for opportunity accounts; 3 A description of the ability of the organization to maintain sucient funds to administer an opportunity account program; 4 A description of groups to be targeted for priority participation in the opportunity account program; 5 A process for including account holders in decision-making regarding the implementation of the opportunity account program; 6 A requirement that an account holder contribute funds from earned income; 7 A requirement that the account holder attend economic literacy courses of the administering organization or a partner organization; 8 A requirement that the account holder be provided adequate information on the requirements of the opportunity account program and this part and the purposes for which opportunity account and matching fund account funds may be used;
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CONTENTS
9 A process for oering or making available courses or training on the use of funds for an approved purpose, such as a home purchase or the establishment of a business; 10 A process for regular evaluation and review of opportunity accounts to ensure compliance with this part, District of Columbia regulations, and program rules by account holders and a process for counseling account holders who are not in compliance; 11 A system for preventing withdrawal of matching funds for a purpose other than an approved purpose by maintaining the matching funds in a matching funds account separate from the opportunity account; and 12 Other information as may be required by the Mayor.
b In reviewing proposals of organizations to administer opportunity accounts, the Mayor shall consider the following factors: 1 Whether the organization is exempt from taxation under section 501(c)(3) of the Internal Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. 501(c)(3)); 2 The administrative and technical ability of the organization to administer an opportunity account program; 3 The scal accountability of the organization; 4 The ability of the organization to provide or raise money for matching contributions; 5 The ability of the organization to establish and administer an opportunity account reserve fund to receive contributions from opportunity account program contributors; 6 The amount and quality of proposed auxiliary services, including economic literacy seminars and asset training; 7 The stang that the organization will assign to the opportunity account program;
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8 The record of the organization in administering other public assistance programs; and 9 Any other factors the Mayor considers relevant to the determination of the ability of the organization to create and operate an opportunity account program eciently and eectively.
0.1.214
Establishment of Opportunity Account Oce.
The Mayor shall establish in the executive branch an oce to be known as the Opportunity Account Oce. The oce shall: 1 Provide eligible families and individuals with an opportunity to establish opportunity accounts; 2 Provide that the opportunity account shall be established by an approved nancial institution and administered by an approved organization; 3 Provide incentives to encourage participation in the program; and 4 Require that money deposited into an opportunity account shall be used only for approved purposes.
0.1.215
Denitions.
For the purposes of this part, the term: 1 Account holder means a person who is the owner of an opportunity account. 2 Administering organization means an entity that is approved by the Mayor to implement and administer an opportunity account program. 3 District of Columbia median income means the most recent measurement of median income for the District of Columbia published by the United States Department of Housing and Urban Development. 4 Financial institution means a bank, trust company, savings bank, credit union, or savings and loan association with an oce in the District of Columbia.
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CONTENTS
5 Medical emergency means a debilitating or life-threatening illness. 6 Opportunity account means a special savings account established under this part. 7 Opportunity Account Oce means the special savings account oce established under 1-307.62. 8 Opportunity account program means a program of an administering organization to administer and oversee opportunity accounts and to encourage the establishment of opportunity accounts. 9 Opportunity account reserve fund means the fund created by an administering organization for the purposes of funding the costs incurred in the administration of an opportunity account program and for providing matching funds for opportunity accounts. 10 Retirement means the period commencing upon the eligibility of a person for Social Security benets.
0.1.216
Recoupment of amounts spent on child medical care.
a The Mayor may garnish wages, salary, or other employment income of, and intercept, in accordance with procedures set forth in 47-1812.11, any amounts from District of Columbia tax payable to, any person who: 1 Is required by court or administrative order to provide coverage of the cost of health services to a child who is eligible for Medicaid; and 2 Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services. b A garnishment or tax intercept eectuated pursuant to subsection (a) of this section shall be eected only to the extent necessary to reimburse the District of Columbia Medicaid agency for its cost under the state plan, but claims for current and past due child support shall take priority over these claims.
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0.1.217
Employer obligations.
Where a parent is required by a court or administrative order to provide health coverage, which is available through the parents employer, the employer shall: 1 Permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment restrictions; 2 Enroll the child under family coverage upon application by the childs other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. 651 through 669), if the parent is enrolled but fails to make application to obtain coverage of the child; 2A Enroll the child and the employed parent under family coverage upon application by the childs other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parents enrollment for the child to be eligible; 3 Not disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that: A The court order is no longer in eect;
B The child is or will be enrolled in comparable coverage which will take eect no later than the eective date of disenrollment; C The employer has eliminated family health coverage for all its employees; or D The employer no longer employs the parent and the parent has not elected to continue coverage through a plan oered by the employer for post-employment health insurance coverage for dependents;
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CONTENTS
4 Subject to 46-251.07 and 46-251.08, withhold from the employees compensation the employees share (if any) of premiums for health coverage and to pay this amount to the insurer, except that the maximum amount so withheld may not exceed the maximum amount to be withheld under 303(b) of the Consumer Credit Protection Act (82 Stat. 163; 15 U.S.C. 1673(b)); 5 Upon receipt of a court or administrative order that has directed the parent to provide health insurance coverage for the child, provide the insurer with the order for health insurance coverage and inform the insurer that the order operates to enroll the child in the coverage; and 6 Upon receipt of a medical support notice issued by the IV-D agency under 46-251.02, comply with the provisions of 46-251.04, 46-251.07, and 46-251.08.
0.1.218
Insurer obligations.
a No insurer may deny coverage or withhold payments under its plan for any enrollee, subscriber, policyholder, or certicateholder on the basis that such enrollee, subscriber, policyholder, or certicateholder is eligible for Medicaid pursuant to a Medicaid state plan adopted by the District of Columbia or any other jurisdiction pursuant to 1902 of the Social Security Act (79 Stat. 344; 42 U.S.C. 1396a). b No insurer may deny enrollment of a child under the health plan of the childs parent on the grounds that: 1 The child was born out of wedlock; 2 The child is not claimed as a dependent on the parents federal income tax return; or 3 The child does not reside with the parent or in the insurers service area. c Where a child has health coverage through an insurer of a noncustodial parent, the insurer shall:
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1 Provide such information to the custodial parent as may be necessary to obtain benets through such coverage, including the information required under 46-251.05(a). 2 Permit the custodial parent (or the provider, with the custodial parents approval) to submit claims for covered services without the approval of the noncustodial parent; and 3 Make payments on claims submitted in accordance with paragraph (2) of this subsection directly to the custodial parent, the provider, or the District of Columbia Medicaid agency. d Where a parent is required by a court or administrative order to provide health coverage for a child, and the parent is eligible for family health coverage, the insurer shall: 1 Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions; 2 Enroll the child under family coverage upon application by the childs other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. 652 through 669), if the employed parent is enrolled but fails to make application to obtain coverage of the child; 2A Enroll the child and the employed parent under family coverage upon application by the childs other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parents enrollment for the child to be eligible; and 3 Not disenroll (or eliminate coverage of) the child unless the insurer is provided satisfactory written evidence that: A The court or administrative order is no longer in eect; or
176
CONTENTS
B The child is or will be enrolled in comparable health coverage through another insurer which will take eect not later than the eective date of disenrollment. e As a condition of doing business in the District:
1 An insurer shall not impose requirements on a District of Columbia agency that has been assigned the rights of an individual eligible for medical assistance under the District State Medicaid Plan and covered for health benets from the insurer that are dierent from requirements applicable to an agent or assignee of any other individual so covered. 2 An insurer shall: A Accept the Districts right of recovery and the assignment to the District of any right of an individual or other entity to payment from the insurer for an item or service for which payment has been made under the District State Medicaid Plan; B Respond to any inquiry by the District, or its agent, regarding a claim for payment for a health care item or service that the District submits within 3 years after the date that the health-care item or service was provided; C Not deny a claim submitted by the District because of the date of submission of the claim, the type or format of the claim form, or for failure to present proper documentation at the point-of-sale that is the basis of the claim; provided, that the District: i Submits the claim within the 3-year period beginning on the date of which the item or service was furnished; and ii Commences an action to enforce its right with respect to the claim within 6 years of submitting the claim; and D Upon the request of the Mayor, in a manner prescribed by the Mayor, provide coverage, eligibility, and paid claims data to the District, or its agent, to determine the period that individuals who received, or were eligible for, health care assistance were, or could have been, covered by an insurer and
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the nature of the coverage that is being, or was, provided by the health insurer. The data to be provided shall include: i I Each individuals: Name;
II Address; and III ii Plan identication number; and Any other information prescribed by the Mayor.
f For the purposes of this section, the term insurer includes a self-insured plan, a group health plan, as dened in section 607(1) of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 231; 29 U.S.C. 1167(1)), a service benet plan, a managed care organization, a pharmacy benet manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for all or part of a health-care item or service.
0.1.219
Reporting.
a The Public Fund shall transmit a publicly-available report to the Council and the Mayor that includes the Scrutinized Companies List within 30 days after the list is created. b Annually thereafter, the Public Fund shall transmit a publicly-available report to the Council and the Mayor and send a copy of the report to the United States Presidential Special Envoy to Sudan (or an appropriate designee or successor) that includes: 1 All investments sold, redeemed, divested, or withdrawn in compliance with 1-335.03(a); 2 All prohibited investments under 1-335.03(b); 3 Any progress made under 1-335.03(d); and
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CONTENTS
4 A list of any investments held by the Public Fund that would have been divested under 1-335.03 but for 1-335.03(e), including a statement of the reasons why a sale or transfer of the investments is inconsistent with the duciary responsibilities of the District of Columbia Retirement Board and the circumstances under which the District of Columbia Retirement Board anticipates that it will sell, transfer, or reduce the investment.
0.1.220
Required actions.
a Except as provided in subsections (c), (d), and (e) of this section, during the period that a company on the scrutinized Company List has Active Business Operations, the Public Fund shall sell, redeem, divest, or withdraw all publicly-traded securities of the company according to the following schedule: 1 At least 50 2 All of such assets shall be removed from the Public Funds assets under management within 12 months after the companys most recent appearance on the Scrutinized Companies List. b Except as provided in subsections (c), (d), and (e) of this section, the Public Fund shall not acquire securities of companies on the Scrutinized Companies List that have Active Business Operations. c A company which the United States government armatively declares to be excluded from its present or any future federal sanctions regime relating to Sudan shall not be subject to the divestment or investment prohibition of subsections (a) and (b) of this section. d Notwithstanding anything herein to the contrary, subsections (a) and (b) of this section shall not apply to Indirect Holdings in actively-managed investment funds; provided, that the Public Fund shall submit letters to the managers of actively-managed investment funds containing companies with Scrutinized Active Business Operations requesting that they consider removing such companies from the fund or create a similar actively-managed fund with Indirect Holdings devoid of such companies; provided further, that if the manager creates a similar fund, the Public Fund shall replace all applicable investments with investments in the similar fund in an expedited
179
time period consistent with prudent investing standards. For the purposes of this section, private equity funds shall be deemed to be actively-managed investment funds. e Notwithstanding the foregoing, the District of Columbia Retirement Board shall comply with the requirements of this part only to the extent consistent with: 1 Its duciary duties under Chapters 7 and 9 of this title; and 2 Section 5 of the Sudan Accountability and Divestment Act of 2007, approved December 31, 2007 (121 Stat. 2516; 50 U.S.C. 1701, note).
0.1.221
Identication of companies.
a Within 90 days after February 2, 2008, the Public Fund shall make its best eorts to identify all Scrutinized Companies in which the Public Fund has Direct Holdings, Indirect Holdings, or could possibly have such holdings in the future. Such eorts shall include, as appropriate: 1 Reviewing and relying, as appropriate in the Public Funds judgment, on publicly available information regarding companies with Business Operations in Sudan, including information provided by nonprot organizations, research rms, international organizations, and government entities; 2 Contacting asset managers contracted by the Public Fund that invest in companies with Business Operations in Sudan; 3 Contacting other institutional investors that have divested from, or engaged with, companies that have Business Operations in Sudan. b By the rst meeting of the Public Fund following the 90-day period set forth in subsection (a) of this section, the Public Fund shall compile all Scrutinized companies identied into a Scrutinized Companies List. c The Public Fund shall update the Scrutinized Companies List on a quarterly basis based on information from sources, including those listed in subsection (a) of this section.
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0.1.222
Denitions.
For the purposes of this part, the term: 1 Active Business Operations means all Business Operations that are not Inactive Business Operations. 2 Business Operations means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. 3 Company means any sole proprietorship, for-prot or nonprot organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majorityowned subsidiaries, parent companies, or aliates of such entities or business associations, that exists for for-prot or nonprot purposes. 4 Complicit means taking actions during any preceding 20-month period which have directly supported or promoted the genocidal campaign in Darfur, including preventing Darfurs victimized population from communicating with each other, encouraging Sudanese citizens to speak out against an internationally approved security force for Darfur, or actively working to deny, cover up, or alter the record on human rights abuses in Darfur. 5 Direct Holdings in a company means all securities of that company held directly by the Public Fund or in an account or fund in which the Public Fund owns all shares or interests. 6 Government of Sudan means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan. The term Government of Sudan shall not include the regional government of southern Sudan.
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7 Inactive Business Operations means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose. 8 Indirect Holdings in a company means all securities of that company held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the Public Fund, in which the Public Fund owns shares or interests together with other investors not subject to the provisions of this part. 9 Marginalized Populations Of Sudan include the portion of the population in the Darfur region that has been genocidally victimized; the portion of the population of southern Sudan victimized by Sudans North-South civil war; the Beja, Rashidiya, and other similarly underserved groups of eastern Sudan; the Nubian and other similarly underserved groups in Sudans Abyei, Southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab, Manasir, and other similarly underserved groups of northern Sudan. 10 Military Equipment means:
A Weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or B Supplies or services sold or provided directly or indirectly to any force actively participating in armed conict in Sudan. 11 Mineral Extraction Activities include exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc, and facilitating such activities, including by providing supplies or services in support of such activities. 12 i (A) Oil-Related Activities include: Owning rights to oil blocks;
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ii Exporting, extracting, producing, rening, processing, exploring for, transporting, selling, or trading of oil; iii Constructing, maintaining, or operating a pipeline, renery, or other oil-eld infrastructure; and iv Facilitating such activities, including by providing supplies or services in support of such activities. B The mere retail sale of gasoline and related consumer products shall not be considered Oil-Related Activities. 13 Power Production Activities means any Business Operations that involve a project commissioned by the National Electricity Corporation of Sudan or other similar Government of Sudan entity whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, providing service contracts related to the installation or maintenance of the project, and facilitating such activities, including by providing supplies or services in support of such activities. 14 Public Fund means the assets of the District of Columbia Retirement Board, the Board of Trustees in charge of the District of Columbia Retirement Board. 15 Scrutinized Company means a company, other than a Social Development Company which is not complicit in the Darfur genocide, that meets the criteria set forth in any of the following subparagraphs: A (i) The company has Business Operations that involve contracts with, or provision of supplies or services; to: I The Government of Sudan;
II Companies in which the Government of Sudan has any direct or indirect equity share; III Government of Sudan-commissioned consortiums or projects; or
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IV Companies involved in Government of Sudan-commissioned consortiums or projects; and ii bb (I)(aa) More than 10 Less than 75
cc The company has failed to take Substantial Action; or II (aa) More than 10 bb Less than 75
cc The company has failed to take Substantial Action; B The company is complicit in the Darfur genocide; C The company supplies Military Equipment within Sudan, unless it clearly shows that the Military Equipment cannot be used to facilitate oensive military actions in Sudan or the company implements rigorous and veriable safeguards to prevent use of that equipment by forces actively participating in armed conict, including, through post-sale tracking of the equipment by the company, certication from a reputable and objective third party that the equipment is not being used by a party participating in armed conict in Sudan, or sale of the equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organization. 16 Scrutinized Companies List means a list of Scrutinized Companies compiled in accordance with 1-335.02. 17 Social Development Company means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including medicine or medical equipment, agricultural supplies or infrastructure, educational opportunities, journalism-related activities, information or information materials, spiritual-related activities, services of a purely clerical or reporting nature, food, clothing, or general consumer goods that are unrelated to Oil-Related Activities, Mineral Extraction Activities, or Power Production Activities.
184 18 Substantial Action means:
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A Adopting, publicizing, and implementing a formal plan to cease Business Operations within one year and to refrain from any new Business Operations; B Undertaking signicant humanitarian eorts on behalf of one or more Marginalized Populations Of Sudan; or C Through engagement with the Government of Sudan, materially improving conditions for the genocidally victimized population in Darfur.
0.1.223
Grant transparency.
Recodied as 1-328.01.
0.1.224
Imposition of fee for delivery of bad check in payment of obligation due District of Columbia; amount of fee; manner of collection; exception. [Repealed] Expenditures.
0.1.225
a The Mayor of the District of Columbia, the Chairman and members of the Council of the District of Columbia, the Chief Judge of the District of Columbia Court of Appeals, the Chief Judge of the Superior Court of the District of Columbia, the Executive Ocer of the District of Columbia Court System, the Superintendent of Schools, the City Administrator, the Director of the District of Columbia Public Library, and the Chief Executive Ocer of the University of the District of Columbia are authorized to provide for the expenditure, within the limits of specied annual appropriation, of funds for appropriate purposes related to their ocial capacity as they may respectively deem necessary. Their determination thereof shall be nal and conclusive, and their certicate shall be sucient voucher for the expenditure of appropriations made pursuant to this section. b At the end of each scal year, each ocial authorized to expend appropriations under this section shall provide an itemized accounting of these appropriations, which shall include the purposes for which all expenditures are made, in the form of an annual report, for presentation to the Mayor and the Council, and which shall be made available for public inspection.
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0.1.226
Reception of eminent persons; appropriation authorized.
a There is authorized to be appropriated an amount not to exceed $100,000 in any scal year for expenses as the Mayor of the District of Columbia shall deem to be necessary, including personal services, for the reception and entertainment (including ceremonial gifts) of ocials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia, or for the reception or entertainment of ocials of foreign, state, local, or federal governments when the Mayor is visiting any other jurisdiction in his or her ocial capacity. b There is authorized to be appropriated an amount not to exceed $100,000 in any scal year for expenses as the Council of the District of Columbia shall deem to be necessary, including personal services, for the reception and entertainment (including ceremonial gifts) of ocials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia, or for the reception or entertainment of ocials of foreign, state, local, or federal governments when any Councilmember is visiting any other jurisdiction in his or her ocial capacity. b-1 The Mayor and Council may accept, administer, and use gifts or donations for the purpose of aiding, facilitating, and promoting the conduct of ceremonies in the District, including personal services, for the reception and entertainment, including ceremonial gifts, of ocials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting or returning to the District, or for the reception or entertainment of ocials of foreign, state, local, or federal governments when the Mayor is visiting any other jurisdiction in his or her ocial capacity. c For purposes of this section, the term dignitary or eminent person means a person other than a government ocial, who is of high rank or attainment in his or her occupation or who has performed extraordinary service to, or has signicantly contributed to the welfare of, the citizens of the District of Columbia. d Any amounts appropriated for expenses under this section shall be subject to audit and accounted for in the same manner as any other District of Columbia government funds used for governmental purposes.
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e The Secretary of the District of Columbia and the Secretary to the Council of the District of Columbia shall issue annual reports, which shall be made available to the public and which shall include an itemization of each disbursement under this section by the Mayor of the District of Columbia and by the Council of the District of Columbia, respectively. Records of disbursements under this section shall be retained for not less than 5 years.
0.1.227
Authority for transporting children of certain employees in District-owned vehicles.
The Mayor of the District of Columbia is authorized to utilize Districtowned vehicles for transportation of children of employees of the District of Columbia government residing at Childrens Center between Childrens Center and Laurel, Maryland.
0.1.228
Authority to grant additional compensation.
Authority is hereby granted to the Secretary of the Interior and the President of the United States, in their discretion, to grant additional compensation at rates not to exceed those prevailing without regard to the provisions of 1341, 1342 and 1349 to 1351 and subchapter II of Chapter 15 of Title 31, United States Code, additional compensation at rates not to exceed those prevailing in the District of Columbia for similar or comparable employment to each employee in or under the National Capital Parks and the Executive Mansion Grounds, whose compensation is xed and adjusted from time to time by a wage board, or whose compensation is xed without reference to Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code relating to the classication of government employees and related matters, or whose compensation is limited or xed specically by the provisions of the District of Columbia Appropriation Act, 1952.
0.1.229
Appropriations for printing schedules or lists of supplies and materials.
No part of any appropriation for the District of Columbia, except for public schools, shall be expended for printing or binding a schedule or list of supplies and materials for the furnishing of which contracts have been or may be awarded.
187
0.1.230 0.1.231 0.1.232 0.1.233 0.1.234 0.1.235 0.1.236 0.1.237 0.1.238
Duties of Municipal Architect. [Repealed] Expiration. [Expired] Applicability. [Expired] Rules. [Expired] Establishment of working group to study program alternatives. [Expired] Eligibility requirements. [Expired] Agents of the Director of the Department of General Services. [Repealed] Director of the Department of General Services. [Repealed] Inspector of Asphalts and Cements; limitation upon compensation and services.
The Inspector of Asphalts and Cements shall not receive or accept compensation of any kind from or perform any work or render any services of a character required of him ocially by the District of Columbia to any person, rm, corporation, or municipality other than the District of Columbia.
0.1.239
Pleuropneumonia.
Whenever any contagious, infectious, or communicable disease aecting domestic animals or live poultry, and especially the disease known as pleuropneumonia, shall be brought into or shall break out in the District of Columbia, it shall be the duty of the Council of said District to take measures to suppress the same promptly and to prevent the same from spreading; and for this purpose the said Council is empowered to order and require that any premises, farm, or farms where such disease exists, or has existed, be put in quarantine; to order all or any animals coming into the District to be detained at any place or places for the purpose of inspection and examination; to prescribe regulations for and to require the destruction of animals or live poultry aected with contagious, infectious, or communicable disease, and for the proper disposition of their hides and carcasses; to prescribe regulations for disinfection, and such other regulations as they may deem necessary to prevent infection or contagion being communicated, and shall
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CONTENTS
report to the Secretary of Agriculture whatever it may do in pursuance of the provisions of this section.
0.1.240 0.1.241
Denitions. [Expired] Rulemaking authority.
The Mayor, pursuant to title 1 of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code 2-501 et seq.), shall issue rules to implement the provisions of 1-307.03, 1-307.05, and this section.
0.1.242
Childrens Health Insurance Program.
a The Mayor may submit a state child health plan and modications to the plan to the Secretary of the United States Department of Health and Human Services (Secretary), to enable the District to receive federal assistance under title XXI of the Social Security Act, approved August 5, 1997 (Pub. L. No. 105-33; 42 U.S.C. 1397 aa et seq.) b The Mayor may take such action, in accordance with the rules issued by the Mayor pursuant to this part, as may be necessary to submit the plan to the Secretary and to establish and carry out the Childrens Health Insurance Program.
0.1.243
Designation of Casey Mansion as Mayors Ocial Residence.
a On June 5, 2001, the Council of the District of Columbia adopted the Mayors May 3, 2001 recommendation (PR 14-179) to accept and approve the proposal of the Eugene B. Casey Foundation, as set forth in a February 26, 2001 letter to the Mayor from Mrs. Eugene B. Casey, to designate the site at 1801 Foxhall Road, N.W., as the ocial residence of the Mayor of the District of Columbia (Casey Mansion Proposal). The Casey Mansion Proposal provides that the Casey Mansion Foundation, which has already acquired the property at 1801 Foxhall Road, N.W., would be endowed with sucient private resources to build and maintain, in perpetuity, all operating costs for the buildings and grounds of the ocial Mayors residence, including furnishings, housekeeping, insurance, landscaping, maintenance, security, stang, and utilities.
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b Prior to the issuance of any building permit for an ocial Mayors residence at 1801 Foxhall Road, N.W., the Mayor shall require that the Casey Mansion Proposal is memorialized in a document signed by representatives of the Mayor and the Eugene B. Casey Foundation or other foundation established to own, build, or maintain the Casey Mansion, which is provided to the Council and made available to the public, and which sets forth the specic terms and any conditions of the Casey Mansion Proposal, including the rights and obligations of each party, and including but not limited to information on: 1 The amount of funds and other assets set aside for the Casey Mansion Proposal; 2 The bylaws and members of the board of directors of the Eugene B. Casey Foundation and of any other entity or foundation that will own, build, and maintain the Casey Mansion; 3 The amount of funds donated by the Eugene B. Casey Foundation for trees in the District, and conrmation that the amount for trees is a separate gift not tied to the Districts acceptance of the Casey Mansion Proposal; 4 Whether the amount of funds set aside for the Casey Mansion Proposal includes funds to cover annual property tax revenue that is foregone due to ownership of the 1801 Foxhall Road, N.W., property by a nonprot organization; 5 Annual public nancial disclosure reporting requirements associated with expenditures and sources of funds for operations of the Casey Mansion; 6 How open and accessible the Casey Mansion buildings and grounds will be to the public; and 7 Ensuring that the construction and operation of the Casey Mansion complies with all applicable local laws and regulations.
0.1.244
Selection of ocial residence.
Within 60 days of the submission of the Commissions report to the Council and the Mayor, the Mayor shall propose the selection of a property to
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CONTENTS
be used as the ocial residence and submit the proposed selection to the Council with a proposed resolution of approval. The proposed resolution shall specify, if applicable, the proposed methods of acquiring, renovating, and maintaining the property as the ocial residence. The Council or a committee of the Council shall hold a public hearing on the proposed resolution. If the Council does not approve or disapprove the proposed resolution within 90 calendar days, excluding days of Council recess, the proposed resolution shall be deemed disapproved.
0.1.245
Mayors Ocial Residence Commissioncomposition; compensation; quorum.
a The Commission shall be composed of 9 voting members. Four public citizen members including the chairperson of the Commission shall be appointed by the Chairman of the Council, 3 public citizen members shall be appointed by the Mayor, and 2 ex ocio members shall be the Districts Chief Property Management Ocer and Director of the Oce of Planning who each may designate from time to time a sta representative to perform the ex ocio members responsibilities. A majority of the members shall be required to be District residents. All appointments shall be made within 15 days of the October 21, 2000. A vacancy shall be lled in the same manner in which its initial appointment was made. b Each public citizen member of the Commission shall serve without compensation and shall not be entitled to reimbursement for actual and necessary expenses incurred in the performance of the Commissions duties. c The chairperson of the Commission, or the chairpersons designated representative who shall be a member of the Commission, shall convene all meetings of the Commission. The chairperson shall convene the rst meeting of the Commission not later than 15 days after all appointments have been made. The Commission shall meet not less often than once a month. d A majority of the members of the Commission shall constitute a quorum. Voting by proxy shall not be permitted, but meetings and votes by teleconference or other electronic means shall be permitted. A written summary shall be prepared of all meetings at which a vote is taken, which shall be made available to the public upon request.
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e The Commission may request from any department, agency, or instrumentality of the District government, including independent agencies and receiverships, any information necessary to carry out the provisions of this subchapter. Each department, agency, instrumentality, independent agency, or receivership shall cooperate with the Commission and provide any information, in a timely manner, that the Commission requests to carry out the provisions of this subchapter.
f The Mayor shall provide administrative and technical support, oce space, sta, supplies, and other resources needed by the Commission to carry out the provisions of this subchapter.
g The Commission may solicit, receive, accept, and expend contributions or grants from private or federal sources to carry out the provisions of this subchapter. Any Commission solicitation, receipt, acceptance, or expenditure of contributions or grants from private sources shall not be subject to appropriation. The Commission shall keep a record, available to the public for inspection, of all private contributions or grants and any substantial nongovernment in-kind contributions received. The record shall include the full name, address, and occupation or type of business of each donor.
h The Commission may enter into contracts, for which sucient appropriations or other public or private funding is available and provided, with federal or state agencies, private rms, institutions, or individuals to conduct research or surveys, prepare appraisals or reports, or perform other activities necessary to the discharge of its duties.
i The Commission may establish such advisory groups, committees, or subcommittees, consisting of members or nonmembers, as it deems necessary to carry out the purposes of this subchapter.
j No District laws, rules, or orders governing administrative procedures, conict of interest, nancial disclosure, employment, or procurement shall apply to the Commission in its expenditure of non-local funds, except as provided in this subchapter.
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CONTENTS
0.1.246
Mayors Ocial Residence Commissionestablishment; duties.
(Square 0948, Lots 802 and 803), for use as the ocial residence upon the expiration of the current lease of this property in June 2002; a There is established a Mayors Ocial Residence Commission with the purpose of preparing recommendations to the Council and the Mayor on the most appropriate site in the District to establish the Mayors ocial residence and on the most cost-eective methods of nancing the acquisition, renovation, and maintenance of the ocial residence. b The Commission shall:
1 Explore the appropriateness and cost of using property under the Districts jurisdiction that is located at 921 Pennsylvania Avenue, S.E. (Square 0948, Lots 802 and 803), for use as the ocial residence upon the expiration of the current lease of this property in June 2002; 2 Compare the appropriateness and cost of using the property identied in paragraph (1) of this subsection as the ocial residence with the appropriateness and cost of using other properties already owned or to be acquired by the District or another entity for this purpose; and 3 Develop a plan for raising the funds necessary for the acquisition, renovation, and maintenance of the most appropriate property for use as the ocial residence. c (1) The Commission shall submit its recommendations in the form of a report to the Council and the Mayor within 180 days of the appointment of a majority of its members. The report shall include the information, comparative analysis, and plan required by subsections (a) and (b) of this section, along with specic recommendations on the actions and timetables for such actions that are necessary to establish an ocial residence of the Mayor. The report shall be accompanied by any draft executive orders, or proposed legislation, regulations, or amendments to existing statutes or regulations, including this subchapter, which may be necessary to implement the recommendations.
193
2 Prior to the issuance of this report, the Commission shall conduct not less than one public forum or hearing, at which comments are invited from the public, and for which 15 days prior notice is provided in the District of Columbia Register and to the Mayor, the Council, and each Advisory Neighborhood Commission. A copy of all written comments provided to the Commission by the public shall be submitted by the Commission to the Council and the Mayor.
0.1.247
Denitions.
For the purposes of this subchapter, the term: 1 Commission means the Mayors Ocial Residence Commission established pursuant to this subchapter. 2 Ocial residence means the land and improvements where the Mayor has the exclusive right to live during the Mayors term of oce, and which shall be exempt from property taxes. 3 Substantial nongovernment in-kind contributions means any service reasonably valued at more than $5,000 which is received from any source other than the District government.
0.1.248
Findings.
The Council of the District of Columbia nds that: 1 The District of Columbia is the nations capital and an international showcase. 2 The Mayor of the District of Columbia serves as the highest elected ocial at both the state and local levels. 3 Each of the 50 states in the United States provides an ocial residence for its top executive government ocial, the governor, for the purpose of serving as: an ocial state residence; a suitable ocial location for entertaining and honoring state, national, and international guests, as well as its own distinguished citizens; and an ocial location that houses and displays cherished memorabilia of the states cultural and social history.
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4 An ocial residence is also provided for the mayors of major cities in the United States, including Detroit, New York, and Los Angeles. 5 The mayors of cities that serve as the capitals of other nations are also provided with an ocial residence, including London, England and Paris, France. 6 The Mayor of the District of Columbia should have a residence suitable to entertain and honor citizens, businesses, local and federal ocials, and the many ocial guests and distinguished persons who visit the District each year from other cities, states, and nations. 7 After 25 years of limited home rule, it is time to establish an ocial residence of the Mayor of the District of Columbia.
0.1.249
Acceptance of gifts and donations.
a (1) An entity of the District of Columbia government may accept and use a gift or donation during scal year 2003 and any subsequent scal year if A the Mayor approves the acceptance and use of the gift or donation (except as provided in paragraph (2) of this subsection); and B the entity uses the gift or donation to carry out its authorized functions or duties. 2 The Council of the District of Columbia and the District of Columbia courts may accept and use gifts without prior approval by the Mayor. b Each entity of the District of Columbia government shall keep accurate and detailed records of the acceptance and use of any gift or donation under subsection (a) of this section, and shall make such records available for audit and public inspection. c For the purposes of this section, the term entity of the District of Columbia government includes an independent agency of the District of Columbia and the District of Columbia Public Libraries.
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d This section shall not apply to the District of Columbia Board of Education, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public schools without prior approval by the Mayor. e This section shall not apply to the Board of Library Trustees, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the District of Columbia Public Library without prior approval by the Mayor.
0.1.250
Deputy Mayor for Planning and Economic Development grant-making authority.
a The Deputy Mayor for Planning and Economic Development (Deputy Mayor) shall have grant-making authority for the purpose of providing: 1 Funds in support of the Skyland project; 2 Commercial revitalization services for properties adjacent to the Skyland project; 3 Funds for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association in accordance with 1-325.211(c); and 4 Funds for the creation of aordable housing for District residents. b A The Deputy Mayor may make grants for scal year 2013 as follows: An amount of $100,000 for sector consultants;
B An amount of $350,000 for local business promotion; C An amount of $75,000 for regional economic development; D An amount of $50,000 for the Bank on DC program;
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E An amount of up to $700,000 for the purpose of providing interior tenant improvement assistance to an entity that agrees to operate a table service restaurant at 3220 Pennsylvania Avenue, S.E., also commonly known as the Penn Branch Shopping Center; and F An amount of $800,000 for the purpose of providing assistance to a mixed-use development located in Ward 7, including 100 c In addition to the grant-making authority provided in subsection (a)(4) of this section, the Deputy Mayor shall have the authority to issue loans for the creation of aordable housing for District residents.
0.1.251
Voting rights and statehood grants.
Notwithstanding any other law, the Oce of the Secretary of the District of Columbia may issue competitive grants to promote voting rights and statehood in the District of Columbia.
0.1.252
Grants for planning and planning implementation purposes.
The Mayor may issue grants to individuals and organizations from local revenue, dedicated tax revenue, special purpose revenue, and capital funds in furtherance of the Mayors planning mission under 1-204.23, subject to available appropriations, and subject to the provisions of 47-368.06.
0.1.253
Grant transparency.
To ensure a transparent process for issuing and managing grants, the Oce of Partnerships and Grants Development shall establish uniform guidelines for the application for and reporting on any grants received from any entity of the government of the District. The guidelines shall include a description of the project scope, budget, program activities, timelines, performance, and any appropriate nancial information.
0.1.254
Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this part.
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0.1.255
Replacement fee.
A nonrefundable fee of $5 for replacement of any DC One Card that contains an electronic chip shall be collected by the agency issuing the replacement card at the point of issuance of the replacement card.
0.1.256
Denitions.
For the purposes of this part, the term: 1 DC One Card means a credential issued by the District government as a single credential for purposes of accessing multiple District facilities, programs, and benets, including public libraries, facilities of the Department of Parks and Recreation, and public schools. 2 Electronic chip means a smart chip, radio frequency identication chip, or other contact or contact-less electronic media, including a Washington Metropolitan Area Transit Authority Smartrip chip, embedded in a DC One Card, to be read by participating agencies and programs for identication of the cardholder.
0.1.257
Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this part.
0.1.258
Coordination with agencies.
The Oce shall enter into memoranda of understanding with the agencies, as necessary, to dene the Oces obligations to the agencies, and associated procedures and performance standards, with respect to custody and sharing of data generated in the operations of the Oce, support for the agencies dispatch operations and priorities, production of radio transmission transcripts, the provision of customer service to the hearing impaired, and such other matters as the Oce and the agencies deem appropriate.
0.1.259
Organization.
There are established 4 primary organizational functions in the Oce as follows:
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1 (A) The Oce of the Director, Oce of Unied Communications shall include the sta and organizational units needed to develop plans and policies for, and oversee the execution of, the Districts radio technology, call center technology, and customer service policies and operations, and to carry out the administrative functions of the Oce of Unied Communications. B The administrative functions of the Oce of Unied Communications shall include human resources, training, legal services, budget and nancial management, procurement, facilities management, and such other general and administrative functions as the Director deems necessary to support and assist the functions and purposes of the Oce of Unied Communications. The Director may provide for the execution of administrative functions either by hiring full-time personnel or by entering into memoranda of understanding with other departments and agencies of the District that provide for the sharing of administrative personnel between the departments and agencies and the Oce. C The Oce of the Director, Oce of United Communications shall also include one or more positions designated as liaisons with the agencies to ensure that the functions of the Oce eectively support and coordinate with the functions of the agencies. 2 Call Center Operations shall carry out all of the customer service functions of the Oce. 3 Radio and Call Center Technology Support Services shall provide direct assistance and support to the agencies and other departments and agencies of the District regarding the implementation and operation of radio technology and call center technology. Radio and Call Center Technology Support Services shall also provide procurement and contract oversight and assistance for radio technology and call center technology, maintain standard radio technology and call center technology contracts that all District departments and agencies may use, and manage radio technology and call center technology contracts and systems throughout the District government. 4 Radio and Call Center Technology Technical Services shall provide support for public safety voice radio and public safety wireless base station and
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eld devices, including voice communications, data communications, and associated network trunking equipment and appurtenances, and identify cost savings, operational eciencies, and ways to improve radio technology and call center technology services.
0.1.260
Functions.
The Oce shall: 1 Provide centralized customer service for the District governments 911, 311, 727-1000 call systems, and other emergency, non-emergency, and citizen service calls; 2 Provide centralized, District-wide coordination and management of the District governments radio technology and call center technology systems and resources; 3 Develop and enforce policy directives and standards for the acquisition, operation, and maintenance of radio technology and call center technology systems and services for all District agencies and departments, coordinating such activities with appropriate semi-governmental and private entities, the Federal Communications Commission, federal and state radio communications coordination organizations, and jurisdictions adjacent to or otherwise aecting the application or use of radio technology and call center technology in the District; 4 Develop and enforce policy directives and standards for the integration, maintenance, and use of information systems and data resources needed to support the functions of the Oce; 5 Develop and enforce policy directives and standards for management of the building facilities supporting radio technology and call center technology; 6 Develop and enforce policy directives and standards regarding all radio communications towers, antennae, and related equipment and appurtenances used by District departments and agencies;
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7 In coordination with the Oce of the Chief Technology Ocer, review all agency proposals, purchase orders, and contracts for the acquisition of radio technology and call center technology systems, resources, and services, and recommend approval or disapproval to the Chief Procurement Ocer; 8 In coordination with the Oce of the Chief Technology Ocer, review and approve the radio technology and call center technology budgets for District government departments and agencies and recommend approval or disapproval to the Chief Financial Ocer; 9 Coordinate the development of information management plans, standards, systems, and procedures throughout the District government for radio technology and call center technology, including the development of a radio technology and call center technology strategic plan for the District; 10 Assess new or emerging radio technologies and call center technologies and advise District departments and agencies on the potential applications of these technologies to their programs and services; 11 Implement radio technology and call center technology solutions and systems throughout the District government; 12 Promote the compatibility of radio technology and call center technology throughout the District government; and 13 Serve as a resource and provide advice to District departments and agencies about how to use radio technology and call center technology to improve services, including providing assistance to departments and agencies in developing radio technology and call center technology strategic plans.
0.1.261
Transfers.
a All of the authority, responsibilities, duties, and functions of the agencies call centers and radio technology shall be transferred from the agencies to the Oce of Unied Communications within such reasonable period of time as the Mayor may designate. The transfer shall include all 911, 311, and 727-1000 call center authority, responsibilities, duties, functions, and infrastructure.
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b All vacant and lled positions, personnel, property, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the agencies to perform the functions set forth in 1327.54 shall be transferred to the Oce of Unied Communications within such reasonable period of time as the Mayor may designate. c The Mayor, or the Mayors designee, may organize the personnel and property transferred to the Oce from the agencies into such organizational components as the Mayor or the Mayors designee deems appropriate, and may develop any reports and evaluation systems necessary to assess the eectiveness of the reorganization plan authorized by this part. d All authority and operations related to the Emergency and Non-Emergency Number Telephone Calling Systems Fund, established by 34-1801, shall be transferred to the Oce of Unied Communications.
0.1.262
Establishment of Oce of Unied Communications.
a There is established, as a subordinate agency under the Mayor in the executive branch of the government of the District of Columbia, an Ofce of Unied Communications. The Oce shall centralize the customer service functions and activities of the District governments 911, 311, and 727-1000 systems, and other facilities for emergency, non-emergency, and citizen service calls, and be responsible for the operation and maintenance of the District governments radio technology and call center technology. b The Oce shall be under the supervision of a Director, Oce of Unied Communications, who shall carry out the functions and authorities assigned to the Oce.
0.1.263
Denitions.
For the purposes of this part, unless otherwise required by the context, the term: 1 Agencies means the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the Customer Service Operations Unit.
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2 Call center means the telephone-based call center and associated operation involving any department or agency throughout the District government that operates the Districts 911, 311, and 727-1000 systems or other facilities for emergency and non-emergency calls. The term call center shall include the Citywide Call Center that is responsible for the receipt and processing of 727-1000 calls, but shall not include any other component of the Customer Service Operations Unit established by 1-327.32. 3 Call center technology means computer-aided dispatch systems and related public safety answering point technologies and telecommunications devices, and related equipment and appurtenances, including automatic call distribution equipment and any related equipment that manages, stores, channels or otherwise processes telephone calls, mobile communications devices, cellular communications, automatic vehicle location devices, global positioning technologies, and supporting metropolitan area network-based communications and supporting local area networks, that may be used in a call center. 4 Customer service means activities involved in the receipt and processing of emergency, non-emergency, and citizen service requests by the agencies call centers. 5 Director means the Director, Oce of Unied Communications. 6 Oce means the Oce of Unied Communications established by this part. 7 Radio technology means public safety voice radio communications systems and other public safety wireless communications systems and resources. 8 Unied Communications Center means the control center for radio and call center technology, and customer service, within the Oce.
0.1.264
Applicability.
This part shall apply as of October 1, 2002.
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0.1.265
Transfers; abolishment.
All personnel, property, records, functions, and unexpended balances of funds from the following agencies, oces, or units are transferred to the Customer Service Operations Unit, established pursuant to 1-327.32:
1 The Citywide Call Center established in 1-327.01;
2 The Mayors Correspondence Unit, established in Mayors Order 73-172, issued November 5, 1973; and
3 The Tester Program in the Executive Oce of the Mayor.
0.1.266
Establishment of the Customer Service Operations Unit; duties.
a There is hereby established the Customer Service Operations Unit within the Executive Oce of the Mayor.
b The Customer Service Operations Unit shall be the District of Columbias primary point of entry for citizens and customers attempting to access nonemergency services, solicit information, or register a complaint or comment about an agency. The calls to the Customer Service Operations Unit shall be tracked, monitored, and reported to all necessary agencies. The information collected from the calls to the Customer Service Center Operations Unit shall be used in determining where additional services are required, where specic services need improvement, and which current services are eective.
0.1.267
Short title.
This part may be cited as the Customer Service Operations Establishment Act of 2002.
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0.1.268 0.1.269 0.1.270
Duties. [Repealed] Establishment of the Citywide Call Center. pealed] [Re-
Solid Waste Disposal Cost Recovery Special Account.
a There is established as a nonlapsing fund the Solid Waste Disposal Cost Recovery Special Account, into which shall be deposited all solid waste disposal transfer fee and disposal fee revenues, less any recycling surcharge, owed and accruing to the District. b All funds deposited into the Solid Waste Disposal Cost Recovery Special Account shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to scal year limitation, subject to authorization by Congress. c The Solid Waste Disposal Cost Recovery Special Account shall be used to defray the expenses of operating, maintaining, and improving the Districts solid waste transfer facilities, and to dispose of solid waste delivered to those facilities.
0.1.271
FEMS Special Events Fee Fund.
a There is established as a lapsing fund the FEMS Special Events Fee Fund (Fund) to be used for the purposes set forth in subsection (b) of this section and into which shall be deposited all fees assessed and collected under 47-2826 to cover the costs of the Fire and Emergency Medical Services Department in providing services for special events. b The Fund shall be used for expenses related to the Fire and Emergency Medical Services Departments provision of services for special events, including: 1 Personnel costs; 2 Equipment; 3 Supplies;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 4 Training; 5 Risk reduction; and 6 Repairs and maintenance of equipment and supplies.
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c All funds deposited into the Fund shall be used exclusively for the purposes set forth in subsection (b) of this section. Any unexpended monies in the Fund at the end of a scal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
0.1.272
Establishment of Greater Southeast Community Hospital Capital Equipment Fund.
a There is established as a nonlapsing fund the Greater Southeast Community Hospital Capital Equipment Fund (Fund), the funds of which shall be used by the Mayor for the sole purpose of purchasing and maintaining capital equipment at Greater Southeast Community Hospital. b (1) If the Chief Financial Ocer of the District of Columbia certies, through a revised quarterly revenue estimate for scal year 2008, that local funds exceed the annual revenue estimates incorporated in the approved scal year 2008 budget and nancial plan, any allocation of those additional revenues shall include a deposit into the Fund of an amount equal to the revenue generated by taxes and assessments of the properties in the District of Columbia described as Lots 3 and 4, Square 5919. 2 The Fund may also receive monies from appropriations, federal grants, and revenues from any other source. 3 All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress. c The Mayor shall conduct an annual audit of all income and expenditures of the Fund and provide the annual report to the Council.
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CONTENTS
0.1.273
a
Fee Collection Incentive Fund.
For the purposes of this section, the term:
1 Agency means any District agency, except the Oce of the Chief Financial Ocer, involved in the collection of fees or nes on behalf of the District. 2 Base year means the scal year in which supplementary revenue is collected. 3 Disbursal year means the scal year after the base year. 4 Fees and nes includes all collections subject to general appropriations, but shall not include funds which are earmarked for special purposes and accounted for or deposited in a special fund for such purposes. 5 Fund means the Fee Collection Incentive Fund established under this section. 6 Supplementary revenue means the amount of revenue from all fees and nes collected by an agency in the base year which exceeds the estimate of revenue from fees and nes for the agency in the base year budget and nancial plan. b There is established a fund designated as the Fee Collection Incentive Fund, which shall be a segregated account within the General Fund of the District of Columbia. All funds shall be deposited into the Fund without regard to scal year limitation and shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any scal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section, subject to authorization by Congress in an appropriations act. c Five percent of supplementary revenue collected by an agency in the base year shall be deposited on an annual basis at the beginning of the disbursal year in the Fund in an account established for the agency. The funds in the agency account may be expended for any authorized use in the disbursal year; provided, that the funds shall not be used by the agency
207
for employee bonuses; provided further, that the expenditure of funds shall directly enhance the agencys eciency. Any balance of funds in an account in the Fund at the end of the disbursal year shall be transferred to the General Fund of the District of Columbia.
0.1.274
HIV/AIDS Administration Capacity Building Fund report.
a By December 1, 2005, the Mayor, through the HIV/AIDS Administration within the Department of Health, shall provide to the Council a report that includes a comprehensive plan for distributing the funds from the Capacity Building Fund to those wards that lack the infrastructure to provide preventative and maintenance services within the ward to persons living with HIV/AIDS. b The Mayor shall submit to the Council no later than 180 days after the end of each scal year a report on the nancial condition of the Capacity Building Fund, including the results of the operation of the fund for the preceding scal year and an analysis of the number of persons living with HIV/AIDS, by ward.
0.1.275
Rulemaking.
By December 1, 2005, the Mayor shall issue proposed rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
0.1.276
Funds for HIV/AIDS Crisis Area Capacity Building.
a There is established a revolving HIV/AIDS Crisis Area Capacity Building Fund, to be administered by the Mayor, for the purposes of providing loans and grants of up to $500,000 to develop, support, expand, repair, or improve service delivery to persons with HIV/AIDS within those Wards that did not receive grants from the HIV/AIDS Administration during scal year 2005. b There is authorized to be appropriated out of the revenue of the District $500,000 to carry out the purposes of this part.
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CONTENTS
0.1.277
Annual report; review of funding priorities.
a The Superintendent shall submit to the Council, the Mayor, and the Board of Education, an annual report containing the following information: 1 A summary of any real estate portfolio review and business plan studies for potential partnership development completed by the Superintendent; 2 The number of projects developed by the Superintendent; 3 The number of projects nanced by the Schools Modernization Fund that: A Created additional capacity within the District of Columbia Public Schools for special education students or programs; B Created additional capacity for vocational education programs; C Created a co-location arrangement with a public charter school; or D Developed a shared-use facility or site between the District of Columbia Public Schools and another District agency. b The Superintendent shall review the priorities for use of revenue from the Schools Modernization Fund specied in 1-325.44 every 5 years and make recommendations to the Mayor, the Council, and the Board of Education on their continued validity or propose new priorities.
0.1.278
Criteria for use of bond revenue by District of Columbia Public Schools.
a To receive funds from the Bond Revenue account of the Schools Modernization Fund, the District of Columbia Public Schools (DCPS) shall: 1 Develop a new Master Facilities Plan pursuant to 38-2803, that incorporates the ndings and goals of the master education plan developed by the Superintendent.
209
2 Consolidate facilities and dispose of underused buildings in accordance with the Master Facilities Plan developed under subsection (a) of this section, and applicable law; and 3 Submit to the Mayor and Council a proposed expenditure plan developed in consideration of city-wide capital eorts and approved by the Board of Education which shall include: A The specic repair or renovation for which the requested funds shall be used; B An explanation as to why these additional funds, which are available over and above funds appropriated for capital investment in schools, are necessary; C An analysis as to how the specic project ts into the Master Facilities Plan developed under subsection (a) of this section and DCPS strategic objectives for school modernization; D An analysis of any new program capacity to be created, including the student population to be served, how it ts into the master education plan developed by the Superintendent, and any anticipated savings resulting from providing programs within DCPS facilities instead of out-of-state; E A declaration that no funds from the Bond Revenue account are intended for expenditure on a facility set for disposition; and F A time table for completion of the proposed repair or renovation. b Priority in funding shall be given to projects that:
1 Locate new out-of-District special education programs within DCPS facilities; 2 Create additional capacity for vocational education programs within DCPS facilities; 3 Co-locate public charter schools within DCPS facilities; or
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CONTENTS
4 Develop mixed-use facilities in collaboration with the District of Columbia Public Library, the Department of Parks and Recreation, or other appropriate District agencies.
0.1.279
Bond authorization.
a Pursuant to 1-204.90, the Mayor is authorized to issue bonds to assist in nancing, renancing, or reimbursing costs of undertakings by the District to accomplish the purposes of this part. b The Mayor shall submit and the Council shall approve, by resolution, the amount of bonds that shall be issued at any time for a project authorized by subsection (a) of this section that meets the criteria set forth in 1325.44. Each approval resolution shall state the aggregate principal amount of the bonds to be issued, and shall be accompanied by a description of each project showing its adherence to the criteria set forth in 1-325.44.
0.1.280
Budget submission requirements.
a The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation of local funds for the Schools Modernization Fund, including a description of estimated expenditures. b The appropriation of local funds to, or the existence of retained funds in, the Schools Modernization Fund shall not replace local funding that otherwise would be directed to the capital budget for the District of Columbia Public Schools.
0.1.281
Schools Modernization Fund.
a There is established a dedicated fund within the General Fund of the District of Columbia, as a separate budget line item, to be known as the Schools Modernization Fund. The fund shall be a revolving, nonlapsing fund, which shall consist of the following distinct accounts: 1 The Debt Service account, the funds of which shall be solely used to pay the debt service on revenue bonds issued in accordance with this part, and which shall be funded through: A Local funds;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) B Federal funds; C Federal grant funds;
211
D Any grants, gifts, or subsidies from public or private sources for the repair or renovation of District schools; E Any return on investment of the assets of the Debt Service account, including interest thereon; and F Such other funds as may be authorized to be deposited; and 2 The Bond Revenue account, the funds of which shall be solely used to pay for the repair or renovation of District schools. b Funds deposited in the Schools Modernization Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any scal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.
0.1.282
Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools.
There is established a Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools (Fund), into which shall be deposited $25.2 million in Fiscal Year 2006, of which $21 million and $4.2 million shall be allocated in Fiscal Year 2006 to the District of Columbia Public Schools and public charter schools, respectively, to conduct activities leading to increased student achievement and improved school performance, including comprehensive reading and math programs, parent and family resource centers, comprehensive art and music programs, the Summer Bridge Program, and a textbook management system. No funds from the Fund shall be made available for expenditure unless, by no later December 31, 2005, the Superintendent, the District of Columbia Public Charter School Board, and the District of Columbia Board of Education Charter School Board submit to the Mayor detailed plans which describe specic initiatives or activities that will be implemented during Fiscal Year
212
CONTENTS
2006, and include budget and performance goals and measures for each identied initiative or activity.
0.1.283
1. Neighborhood Parade and Festival Fund.
a There is established as a nonlapsing fund the Neighborhood Parade and Festival Fund (Fund), which shall be administered by the Deputy Mayor for Planning and Economic Development, to be used for the purposes set forth in subsection (c) of this section. b A (1) Deposits into the Fund shall include: Federal funds, if any; and
B Gifts, grants, and donations. 2 All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to scal year limitation, subject to authorization by Congress. c The Fund shall be used for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association.
0.1.284
1. Council Technology Projects Fund.
a There is established as a nonlapsing fund the Council Technology Projects Fund (Fund). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to scal year limitation, subject to authorization by Congress. b The Fund shall be used solely for the purposes of maintaining and upgrading the technology used for the benet of the Council and shall be administered by the Councils Chief Technology Ocer.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) c The following shall be deposited into the Fund:
213
1 All excess monies remaining in the operating budget for the Council of the District of Columbia at the end of each scal year; 2 Any interest earned from the monies deposited into the Fund; and 3 Any other funds received on behalf of the Fund or the Council for the purpose of maintaining and upgrading the technology for the Council.
0.1.285
1. Streetscape Loan Relief Fund.
a There is established as a nonlapsing fund the Streetscape Loan Relief Fund (Fund), which shall be used solely to make loans in accordance with subsection (c) of this section. The Fund shall be funded by annual appropriations; provided, that for scal year 2011, the amount deposited in the Fund shall be $723,000. All funds received from repayments of loans shall be deposited into the Fund. b All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to scal year limitation, subject to authorization by Congress. c If the District undertakes a streetscape construction or rehabilitation project, the Mayor, in his or her sole discretion, may make interest-free loans from the Fund to any individual or entity that operates a retail business inside or adjoining the streetscape construction or rehabilitation project. To obtain a loan, a retail business shall submit a loan application in the form and with the information that the Mayor shall require. The Mayor shall determine the terms and conditions of each loan based upon the loan application submitted by the retail business; provided, that the term of a loan pursuant to this section shall not exceed 5 years after the termination of the streetscape construction or rehabilitation project. d The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
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CONTENTS
0.1.286
1. West End Library and Fire Station Maintenance Fund.
a There is established as a nonlapsing fund the West End Library and Fire Station Maintenance Fund, which shall be used solely to pay the expenses of providing supplemental maintenance service, insurance, and capital replacement for the West End Library and West End Fire Station along with those regularly provided by the District of Columbia Public Library and the Mayor, respectively, and ensuring that both facilities are maintained in a manner that is consistent with the high-quality conditions of the larger buildings of which they are a part. b The Chief Financial Ocer shall deposit into the Fund 85
c All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress. d (1) The money in the Fund shall be available to be spent pursuant to the Maintenance Agreement. The allocation of monies between the West End Library and the West End Fire Station, to the extent not provided in the Maintenance Agreement, shall be decided jointly by the Board of Library Trustees and the Mayor. 2 The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund. Any monies received but not expended in a given scal year shall be retained by the Fund. e The Fund shall be audited annually by the Inspector General, who shall transmit the audit report to the Mayor and Council no later than 90 days after close of the scal year. The annual audit shall include: 1 The assets, liabilities, fund balance, revenue, and expenditures of the Fund;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 2 A detailed accounting of the Funds expenditures; and
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3 Identication of any Fund expenditures that were not permitted under the law.
0.1.287
3. H Street, N.E. Retail Priority Area business development.
a The Mayor shall publish no later than 120 days after April 8, 2011, and no less than annually after that date, a notice of funding availability to make grants to assist retail development projects which generate new jobs in new or improved existing retail space in the H Street, N.E., Retail Priority Area. b (1) Eligible development projects shall include businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise to specialized customers or service-oriented businesses providing a direct service to specialized customers or artistic endeavors, such as art galleries, theaters, or performing arts centers. Special consideration shall be given to businesses that include entrepreneurial and innovative retail elements. 2 Eligible retail development projects shall not include liquor stores, restaurants, nightclubs, phone stores, or businesses with 20 or more locations in the United States. c Eligibility for retail development projects shall include:
1 Site control of the property either through fee simple ownership of the site or through an executed contract or lease with the property owner; 2 Direct frontage on the H Street, N.E., corridor from 3rd Street, N.E. , to 15th Street, N.E.; 3 Repealed. 4 Execution of a First Source Agreement with the Districts Department of Employment Services; and 5 Adherence to design, construction, and rehabilitation requirements as dened by DMPED.
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CONTENTS
0.1.288
4. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
0.1.289
5. Washington Metropolitan Area Transit Authority project.
a Notwithstanding any other provision of this part, the budget authority for an approved capital project shall be reprogrammed, pursuant to Chapter 3 of Title 47, for use pursuant to subchapter IV-A of Chapter 11 of Title 9; provided, that: 1 The capital project has been completed or the funds no longer considered necessary and budget authority remain available; 2 For a capital project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notied the Chief Financial Ocer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or 3 For a capital project with a remaining budget authority of $250,000 or less, the capital project has not been funded for 3 consecutive years. b If at any time the Chief Financial Ocer determines that certain funds are not needed to meet the requirements of the WMATA project, those funds may be reprogrammed, pursuant to Chapter 3 of Title 47, to any capital project that the Chief Financial Ocer certies a funding need.
0.1.290
1. Veterans Appreciation Scholarship Fund.
a There is established as a nonlapsing fund the Veterans Appreciation Scholarship Fund Fund, which shall be used solely for the purposes set forth in subsection (c) of this section. The Fund shall be funded by appropriations.
217
b All funds deposited into the Veterans Appreciation Scholarship Fund, and any interest earned on those funds, shall not revert to the unrestricted nd balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress. c Subject to the availability of funds in the Fund, United States military personnel whose service began on or after September 11, 2001, and who are residents of the District of Columbia shall be granted reimbursement of tuition, fees, books, and other materials from the Fund for undergraduate and graduate courses at the University of the District of Columbia for a period of 4 years after their return from active duty.
0.1.291
1. Pedestrian and Bicycle Safety and Enhancement Fund.
a There is established as a nonlapsing fund the Pedestrian and Bicycle Safety and Enhancement Fund (Fund), which shall be allocated $1.5 million per scal year from the nes generated from the enhanced neighborhood parking control initiative.In addition, all receipts from nes and penalties collected due to increases in civil nes and new civil infractions established by section 3 of D.C. Law 17-269 shall be deposited into the fund. The Fund shall be used solely for the purposes set forth in subsection (b) of this section and administered by the Oce of the Director of the District Department of Transportation (DDOT). b (1) The Fund shall be used solely to enhance the safety and quality of pedestrian and bicycle transportation, including trac calming and Safe Routes to School enhancements. 2 The Director of DDOT shall prioritize resources from the Fund for instances requiring faster or more exible planning, design, and construction than that which would be accomplished through existing federal and local funding sources. c (1) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other
218
CONTENTS
time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to scal year limitation, subject to authorization by Congress. 2 Any funds that are transferred through intra-District transfers and are not expended in a scal year shall revert to the Fund.
0.1.292
1. Establishment of Community-based Violence Reduction Fund.
a (1) There is established as a nonlapsing fund the Community-based Violence Reduction Fund (Fund). 2 All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to scal year limitation, subject to authorization by Congress. b The funds in the Fund shall be used only for the purpose of giving grants to community-based organizations in accordance with criteria to be established, and uniformly applied, by the Justice Grants Administration. c Not more than 5
0.1.293
1. Business Improvement District Litter Cleanup Assistance Fund.
a There is established as a nonlapsing fund the Business Improvement District Litter Cleanup Assistance Fund (Fund), which shall be used solely for the purposes set forth in subsection (c) of this section, and administered by the Oce of the Director of the Department of Public Works. b (1) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to scal year limitation, subject to authorization by Congress.
219
2 Any funds that are transferred through intra-District funding and are not expended in any scal year shall revert to the Fund and be available for use in the subsequent scal year. c (1) The Fund shall be used solely to provide grants to qualied corporations to support the corporations litter removal eorts within their respective Business Improvement District areas. 2 No corporation shall receive monies from the Fund in excess of $125,000 during any 12-month period. 3 Where more than one qualied corporation representing the same geographic area applies for a grant pursuant to this part, preference shall be given to the corporation whose contract or contracts with professional litter cleanup services are longer-standing. 4 For the purposes of this subsection, the term qualied corporation means: A A BID corporation, as that term is dened in 2-1215.02(4), that has an annual budget of less than $1 million; B A Main Street organization duly incorporated with a current letter of agreement with the Local, Small and Disadvantaged Business Enterprise Business Center; or C A Ward 4 BID Demonstration Project as that term is used in section 8004(e)(3) of the Designated Appropriation Allocation Act of 2008, eective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602).
0.1.294
1. Anti-Grati Mural Assistance Program Fund.
a There is established as a nonlapsing fund the Anti-Grati Mural Assistance Program Fund (Fund), which shall be used solely for the purposes set forth in subsections (c) and (d) of this section, and administered by the Oce of the Director of the Department of Public Works.
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CONTENTS
b All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section without regard to scal year limitation, subject to authorization by Congress. c The Director of the Department of Public Works (Director) shall:
1 Ensure that the Fund is used solely to provide grants to qualied corporations; 2 Provide such direction to the qualied corporations as is needed to ensure that the Fund is used solely for purposes described in this part; 3 Identify and prioritize for the production of mural art locations in the District that have been targeted or are likely to be targeted for grati and are appropriate for mural art; and 4 Oversee all aspects of the production of mural art for which Fund monies have been provided. d Regarding the production of any mural art for which Fund monies have been provided, the qualied corporation shall: 1 Expend the monies solely in connection with the production of mural art, including training, supervising, and compensating the mural artists, at locations identied by the Department of Public Works; 2 Where the Department of Public Works has prioritized the locations at which mural art is to be produced, expend the monies in a manner that reects those priorities; 3 Consult with the Department of Public Works on all aspects of the production of mural art; 4 Administer and manage the program so as to ensure that the production or any phase of the production of mural art is complete by any deadline established by the Director; and
221
5 Provide the Director with a program and budget report no less than twice annually. e For the purposes of subsections (c) and (d) of this section, the term qualied corporation means a nonprot corporation incorporated in the District that provides education, training, funding, and supervision for the creation of mural art within the District.
0.1.295
Rulemaking.
The Mayor shall issue rules setting out the criteria by which the Bank Loan Committee shall evaluate loan applications and the terms that shall govern the loans, including procedures for repayment. The Bank Loan Committee shall not issue any loans until the publication of nal rules to implement this subchapter, in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code 2-501 et seq.).
0.1.296
Productivity Bank Fund established.
a There is established a revolving and proprietary Productivity Bank Fund to be used to provide loans to agencies that can justify initiatives that would generate additional revenues above current certied levels, or savings, according to productivity goals and measures established pursuant to 1- 325.02. b Loans from the Productivity Bank Fund shall be decided by a Bank Loan Committee. The Bank Loan Committee shall consist of 5 members as follows: 1 The Mayor or his or her designee; 2 The Chairman of the Council or his or her designee; 3 The Chief Financial Ocer or his or her designee; 4 A member selected by the Labor/Management Partnership Council; and 5 One public member with experience in project nance and banking, appointed by the Mayor, with the advice and consent of the Council.
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CONTENTS
c The Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, the nomination of the public member of the Bank Loan Committee. The Council shall be deemed to have approved the nomination if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved.
0.1.297
Originals of discontinued reports to be preserved for public inspection.
In all cases where the printing of annual or special reports of the government of the District of Columbia is discontinued, the original copy thereof shall be kept on le in the Oce of the Mayor of the District of Columbia for public inspection.
0.1.298 0.1.299
Annual report to Congress. [Repealed] Appropriation for administration of sections mentioned in 1- 321.02.
There is hereby authorized to be appropriated out of the revenues of the District of Columbia such sums as may be necessary to pay the expenses of administering the sections listed in 1-321.02, including the expenses of the Department of Licenses, Investigation and Inspections, established pursuant to authority contained in Reorganization Plan No. 5 of 1952.
0.1.300
References to boards, commissions, and committees mentioned in this subchapter.
Whenever any board, commission, or committee, other than the Mayor of the District of Columbia, is mentioned in this subchapter, such board, commission, or committee shall be deemed to be the board, commission, or committee or other agency succeeding to the functions of the board, commission, or committee, so mentioned, pursuant to Reorganization Plan No. 5 of 1952.
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0.1.301
Authority to x and change licensing periods; proration of fee.
The Mayor of the District of Columbia is authorized, after a public hearing, to x and change from time to time the period for which any license, certicate, or registration authorized by any section set forth in 1-321.02 may be issued. Upon change of a license, certicate or registration period, the fee for any such license, certicate, or registration shall be prorated on the basis of the time covered.
0.1.302
Refund of unearned fees.
Any fee or charge paid for an examination, license, certicate, or registration pursuant to any sections mentioned in 1-321.02 shall, if not earned, be refunded upon application therefor: Provided, that application for refund is made not later than the end of the 3rd scal year following the scal year in which such fee or charge was made.
0.1.303
Applicability of this subchapter.
This subchapter shall apply to the boards, commissions, and committees and the members thereof, respectively, established pursuant to the following sections: 1-301.01, 3-1601 to 3-1631, 3-1701 to 3-1719, 3-2001 to 3-2028, 32101 to 3- 2132, 3-2901 to 3-2943, 3-2301.01 to 3-2301.10, 3-2401 to 3-2422, 3-2501 to 3- 2508, 3-2601 to 3-2619, 47-2886.01 to 47-2886.18, 3-2701 to 3-2707, 42-1701 to 42-1709, and 47-2801 to 47-2849.
0.1.304
Mayors authority to determine honorariums; deposit of funds in Treasury; receipt of honorarium without prejudice to retirement compensation; honorarium dened.
a Notwithstanding the provisions set forth in the sections mentioned in 1321.02, the Mayor of the District of Columbia is authorized and empowered to determine from time to time the honorariums to be paid to the members of the boards, commissions, and committees appointed and established by authority of such sections, such authority to include the power to determine the total amount per annum of any such honorarium. b The funds derived from fees and charges for examinations, licenses, certicates, registrations, or for any other service rendered by any such board,
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CONTENTS
commission, or committee, remaining after the payment, or provision made for payment of all obligations of the respective boards, commissions, and committees outstanding as of June 30, 1954, shall be deposited in the Treasury to the credit of the District of Columbia and on and after July 14, 1956, all moneys collected for such fees and charges shall be paid into the Treasury to the credit of the District of Columbia. c Notwithstanding the limitation of any other law or regulation to the contrary, any person heretofore or hereafter appointed as a member of any such board, commission or committee may receive his honorarium as well as any retired pay, retirement compensation, or annuity to which such member may be entitled on account of previous service rendered to the United States or District of Columbia government. d As used in 1-321.01 to 1-321.06, honorarium means the fee, per diem, compensation, or any amount paid to any member of any such board, commission, or committee for service as such member. Payments made under 1-321.01 to 1-321.06 shall be governed by the provisions of 1-611.08.
0.1.305
Denitions.
For the purposes of this subchapter: 1 The term employee means a person who is paid by the District of Columbia government from grant or appropriated funds for his or her services. 2 The term volunteer means a person who donates his or her services to a specic program or department of the District of Columbia government, by his or her free choice and without payment for the services rendered. The reimbursement of the actual expenditures by a volunteer on behalf of the District of Columbia government shall not make that person an employee of the District of Columbia for the purposes of this section. 3 The term agencies, departments, commissions, and instrumentalities of the District of Columbia means all governmental instrumentalities and bodies of the District of Columbia government, except the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
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0.1.306
Inapplicability to oces of United States Marshal or United States Attorney for the District of Columbia.
No provision of 1-319.01 to 1-319.05 shall be deemed to apply to volunteers in the Oces of the United States Marshal or the United States Attorney for the District of Columbia.
0.1.307
Conicts of interest; ineligibility for employee benets; liability of District for torts of volunteers.
a Volunteer citizens may not assist governmental programs until regulations have been properly promulgated under the authority of 1-319.01 to 1- 319.05. No volunteer may be placed in any position likely to constitute a conict of interest or the appearance of a conict of interest in violation of the provisions of Chapter 29 of Title 18, United States Code, or parts C and D of subchapter II of Chapter 11A of this title. b Persons engaged as volunteers by the District of Columbia government as authorized by this section shall not be eligible for benets provided to employees of the District of Columbia government under Chapters 81, 83, 85, 87, and 89 of Title 5, United States Code. c All volunteers shall be considered employees of the District of Columbia government for the purposes of 2-411 to 2-416. d The District of Columbia shall be liable to third parties for tortious injury caused by volunteers under its supervision and control.
0.1.308
Promulgation of regulations.
The Mayor is directed to promulgate regulations governing the use of volunteers by agencies, departments, commissions, and instrumentalities of the District of Columbia: Provided, that the District of Columbia Board of Education and the Council of the District of Columbia may promulgate regulations governing their respective use of volunteers.
0.1.309
Utilization by District government encouraged; exception.
It shall be the policy of the District of Columbia government to utilize volunteer citizens in as many governmental programs as is practicable to
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serve the interests of the community. No volunteer person shall be used to ll any position or perform any service which is currently being performed by an employee of the District of Columbia government.
0.1.310
Persons prohibited from becoming surety upon bond.
Neither the Mayor of the District of Columbia, nor any ocer whatsoever of the District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any contractor be accepted as surety for any ocer or other contractor in said District.
0.1.311
Report on District boards and commissions.
The report shall include the name, functions, status, composition, date and authority for its creation, the total estimated annual cost to the District government to fund, service, supply, and maintain such board or commission, and the agency responsible for providing the necessary support for the board or commission. Upon completion of the review, the Mayor shall make recommendations to either the agency head or the Council with respect to action he or she believes should be taken. Thereafter, the Mayor shall carry out a similar review annually, and transmit to the Council no later than February 1st of each year, a report on the activities, status, and composition of all boards and commissions. The report shall contain the name of every board and commission, the date of and authority for its creation, its termination date or the date it is to make a report, its functions, a reference to the reports it has submitted, a statement of whether it is an ad hoc or continuing body, and the total estimated annual cost to the District government to fund, service, supply, and maintain such board or commission. a The Mayor shall, within 60 days of October 17, 1981, transmit to the Council a report on all boards and commissions in existence during the preceding 12-month period by major categories by 1 of the following functions: 1 Institutional governance boards; 2 Independent regulatory boards; 3 Judicial boards;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 4 Appeals boards; 5 Procedural boards; 6 Institutional licensure boards; 7 Occupational and professional licensure boards; 8 State planning boards; or 9 Advisory boards.
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b The Mayor shall, within 90 days after October 17, 1981, issue in accordance with subchapter I of Chapter 5 of title 2, rules and regulations establishing criteria for evaluating all boards and commissions to determine whether such board or commission should be abolished or merged with any other board or commission, and whether the responsibility of such board or commission performs a necessary function not already being performed. c The Mayor shall, immediately after October 1, 1982, institute a comprehensive review of the activities and responsibilities of each board and commission to determine: 1 Whether such board or commission is carrying out its purpose; 2 Whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised; 3 Whether it should be merged with another board or commission; or 4 Whether it should be abolished.
0.1.312
Transmittal of District of Columbia government organization chart.
The Mayor shall annually submit to the Council, on or before February 1st for a 45-day period of review, a revised chart detailing the organization and structure of the District government that shall reect any reorganization
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plans or legislative changes relating to the structure of the District government. If the Council does not approve or disapprove the chart, by resolution, within a 45-day review period, excluding Saturdays, Sundays, holidays, and days of Council recess, the chart shall be deemed approved.
0.1.313
Contents and format of reorganization plan.
a A reorganization plan transmitted by the Mayor pursuant to 1-315.04 shall: 1 In such cases as the Mayor deems necessary, change the name of an agency or part of an agency aected by reorganization and the title of its head, designate the name of the agency resulting from the reorganization, and the title of its head; 2 Provide for the transfer or other disposition of the records, property, and personnel aected by the reorganization; 3 Provide for the transfer of such unexpended balances of appropriations and other funds available for use in connection with a function or agency aected by a reorganization as the Mayor deems necessary by reason of such reorganization for use by the agency which shall be responsible for the function after the reorganization plan becomes eective: Provided, however, that all such unexpended balances so transferred may be used only for the purposes for which the appropriation was originally made; 4 Provide for the termination of the aairs of an agency abolished as a result of the reorganization; 5 Provide a timetable for the implementation of the reorganization; 6 Provide for reporting and evaluation systems that will allow for the results of the plan to be measured; and 7 Be in the following format: A Mayors statement;
B Reorganization plan;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) C Section-by-section analysis; D i ii iii Rationale for the reorganization plan: Problems with the present organization; Recent reorganization studies and recommendations, if any; and Expected benets and improvements;
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E Functional Organization Chart of each aected agency: i ii Existing; and Proposed;
F Stang organizational chart indicating grade and source of funding for each position: i ii Existing; and Proposed;
G Budget data relevant to present and proposed operations of entities to be reorganized: i I Impact on nancial management system budget structure: Control centers; and
II Responsibility centers; ii I Impact on budget organization: Total budget comparisons;
II Changes in budget organization (grants and appropriated funds combined); and
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III Changes detailed by grant and appropriated funds by responsibility center; H I Transition planning and employee protection; and Training needs.
b The Mayor shall include, in his or her transmittal message to accompany the plan, the statutory authority for the exercise of the function(s) aected, and an itemization, to the extent practicable, of the reduction of expenditures as a probable result of the reorganization. c A reorganization plan may provide for appointment with the advice and consent of the Council and the salary of the agency head (including an agency resulting from a consolidation or other type of reorganization) if the Mayor nds, and his or her transmittal message declares, that by reason of a reorganization made pursuant to the plan, such provisions are necessary.
0.1.314
Preparation, transmittal, publication, and eective date of reorganization plan.
a When, after investigation, the Mayor nds that it is necessary to accomplish 1 or more purposes of 1-315.03, he or she shall prepare a detailed reorganization plan consistent with such ndings, which are included in the plan, and shall transmit the plan bearing an identication number to the Council. b Upon transmittal of the proposed reorganization plan, the Mayor shall cause the same to be published in the District of Columbia Register. c The reorganization plan shall become eective on the 61st day following receipt by the Council, excluding Saturdays, Sundays, and holidays: Provided, that the Council does not adopt, within such 60 days, a resolution disapproving such reorganization plan. d Unless the Council has adopted a disapproval resolution by the time of the request, the Mayor may, by written request transmitted to the Chairman of the Council, withdraw a reorganization plan prior to the expiration of the 60-day review period.
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0.1.315
Process of reorganization dened.
For the purposes of carrying out the objectives of 1-315.01, the process of reorganization means that action which results in the transfer, consolidation, abolition, or authorization with respect to functions and hierarchy, between or among agencies, and which aects the structure or structures thereof, at the control or responsibility center level(s), including, but not limited to: 1 The transfer of the whole or part of an agency, or the whole or part of the functions thereof, to the jurisdiction and control of another agency; 2 The consolidation of the whole or part of an agency, or the whole or part of the functions thereof, with the whole or part of another agency or the functions thereof; 3 The abolition of the whole or part of an agency wherein such agency or part thereof does not have or will not have any functions; or 4 The authorization of an ocer or agency head to delegate functions vested in specic ocers or agency heads not presently authorized to be delegated, except as provided in 1-204.22(6).
0.1.316
Denitions.
For the purposes of this subchapter the term: 1 Agency means any oce, department, division, board, commission, or other agency of the District government, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term agency does not include: The Superior Court of the District of Columbia, the District of Columbia Court of Appeals, those agencies identied in 1-1001.03, 3-302, 6-621.01, 1-204.95 and 34- 801, or the Executive Oce of the Mayor as dened in this subchapter. 2 Reorganization is the process described in 1-315.03. 3 Executive Oce of the Mayor means those oces or agencies expressly established to provide managerial, budgetary, personnel, secretarial, planning, informational, and special assistance to the Mayor in carrying out the
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Mayors administrative functions in the management of the District government. The term Executive Oce of the Mayor does not include the Oce of Personnel established by 1-604.02. 4 Rule means the whole or any part of any Mayors, Councils, or agencys statement of general or particular applicability and future eect designed to implement, interpret, or prescribe law or policy, or to describe the organization, procedure, or practice requirement of the Mayor, Council, or of any agency. 5 Boards and commissions means bodies established by law or by order of the Mayor consisting of appointed members to perform a trust or execute ocial functions on behalf of the District government.
0.1.317
Purposes.
The Council of the District of Columbia (Council) declares that it is the policy of the District of Columbia government (District government) to: 1 Promote better execution of laws, more eective management of the District government and of its agencies and functions, and promote the expeditious administration of public business; 2 Reduce expenditures, promote economy, and increase eciency to the fullest extent practicable with respect to the District government operations; and 3 Eliminate overlapping and duplication of eort by means of grouping, consolidating, or coordinating agencies and functions to the fullest extent consistent with the ecient operation of the District government.
0.1.318
Regulations.
The Board is authorized to adopt, amend, repeal, and enforce such regulations as are necessary to carry out the provisions of this part, and is further directed to take such steps as are necessary to ensure that the election provided for under this part is held in an ecient manner.
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0.1.319
Applicability of other provisions of law.
Except to the extent specically provided in this part, those provisions of the Advisory Neighborhood Commissions Act of 1975, including the amendments made by that Act, and all other provisions of law relating to Advisory Neighborhood Commissions, shall apply to the Advisory Neighborhood Commissions established pursuant to the provisions of this part.
0.1.320
Election of members; term of oce; vacancies; change in residency.
a Following the initial elections of members of Advisory Neighborhood Commissions in November 1976, subsequent elections of such members occurred in November of odd-numbered calendar years through 1981. Beginning in 1984, general elections of members of Advisory Neighborhood Commissions shall take place on the 1st Tuesday after the 1st Monday in November of each even-numbered calendar year. b (1) Each member of an Advisory Neighborhood Commission shall serve for a term of 2 years which shall begin at noon on the 2nd day of January next following the date of election of such member, or at noon on the day after the date the Board certies the election of such member, whichever is later. 2 Repealed. 3 Each member of an Advisory Neighborhood Commission holding oce on August 2, 1983, shall continue in oce until noon on the 2nd day of January next following the date of the election provided for in paragraph (2) of this subsection. c The provisions of subsections (c), (d), and (e) of 1-309.06 shall apply to members elected to such Advisory Neighborhood Commissions.
0.1.321
Qualications of members.
Members of the Advisory Neighborhood Commissions which are established pursuant to the provisions of this part shall: 1 Be nominated in the manner prescribed in 1-309.05(b); and
234 2 Have those qualications specied in 1-309.05(a).
CONTENTS
0.1.322
Supplementary petitions.
a As soon as possible after June 19, 1976, but in no case more than 5 days after such date, the Board shall: 1 Make available to any resident of a Commission area copies of petition forms for collecting signatures of registered qualied electors in such area; and 2 Publish in the District of Columbia Register, and post in conspicuous places in each Commission area, the number of registered qualied electors in such Commission area. b Upon certication by the Board to the Chairman of the Council that 5 percent of the registered qualied electors of a Commission area have signed a petition calling for the establishment of an Advisory Neighborhood Commission in such area, the Council shall then establish, by resolution, a nonpartisan elected Advisory Neighborhood Commission for such Commission area, with its members to be elected from the single-member districts established for such Commission area. Nothing in this section shall be construed to permit an individual to sign more than 1 petition for the establishment of an Advisory Neighborhood Commission.
0.1.323 0.1.324
Denitions. [Repealed] Oce of Advisory Neighborhood Commissions; appointment of Executive Director.
a There is hereby established an Oce of Advisory Neighborhood Commissions (Oce) to provide technical, administrative, and nancial reporting assistance to the Advisory Neighborhood Commissions. Subject to appropriations beginning in Fiscal Year 2001, the Oce shall be funded by an annual budget allocation. The Oce is intended to support the eorts of Advisory Neighborhood Commissions and is not empowered to direct or supervise the actions of Commissions. b The Oce shall be headed by an Executive Director who shall be appointed by the Council.
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c Funds may be transferred from the Oce of Advisory Neighborhood Commissions through an intra-District transfer for the operations of the Oce.
0.1.325
Advisory Neighborhood Commission Security Fund.
a There is established, for the purpose of insuring Advisory Neighborhood Commissions against unauthorized expenditures or loss of funds, an Advisory Neighborhood Commission Security Fund (Fund) to be held in the custody of a Board of Trustees (Trustees) composed of the Secretary of the District of Columbia, the General Counsel to the Council of the District of Columbia, and the District of Columbia Auditor. The Executive Director of the Oce of Advisory Neighborhood Commissions shall serve as a nonvoting Trustee. The Trustees shall have exclusive authority and discretion in its duciary capacity to manage and control the Fund. The Fund shall not be held liable for any loss as the result of an expenditure authorized by a vote of a Commission. b Each Advisory Neighborhood Commission may become a participant of the Fund upon payment to the Fund of an annual contribution at the beginning of the scal year in an amount to be determined by the Trustees. A Commission shall be eligible to participate in the Fund if the treasurer and the Chairperson of the Commission agree, on a form to be provided by the Trustees, to be personally liable to the Fund for any sum paid out by the Fund as a result of the treasurer or Chairpersons wrongful misappropriation or loss of Commission monies. c If, in any scal year, the Trustees determine that there are sucient assets in the Fund to cover reasonably expected losses, the Trustees may waive or delay monetary contributions for any Commission that made a contribution in the most recent scal year for which the Fund required a contribution. d If a participating Commission suers a monetary loss that may be reimbursed by the Fund, the Commission may request reimbursement upon a written application form provided by the Trustees. The application form shall be signed by a majority of the members of the participating Commission on a form provided by the Trustees. The Trustees shall consider the request at a public meeting held in accordance with 2-504. Notice of the meeting shall be published in the District of Columbia Register no later
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CONTENTS
than 30 days prior to the meeting and shall be sent by registered mail to the Chairperson of the Commission and the treasurer of the Commission at the time that the loss was incurred. e Assets of the Fund shall be held in an interest bearing account located in the District of Columbia. f The Fund shall publish an annual nancial report in the District of Columbia Register no later than 90 days after the end of each scal year.
0.1.326
Advisory Neighborhood CommissionsFunds; audit of accounts; employees; nancial reports; publications.
a Each Commission shall receive an annual allocation pursuant to 1207.38 to be distributed quarterly during the scal year, except that if the Districts appropriations act for the scal year has not become eective at the beginning of the scal year, each Commission shall receive its rst quarterly allocation for the scal year if and when a continuing resolution is adopted by the Congress of the United States. b (1) Each Commission shall by resolution designate a commercial bank, savings and loan association, credit union, or any combination thereof, which is insured by the government of the United States pursuant to 12 U.S.C. 1811 et seq. and which is located within the District of Columbia, as a depository of all funds received by the Commission. 2 Each Commission shall request a District of Columbia Tax Identication Number and include the phrase District of Columbia Government in each account name within 90 days after June 27, 2000. 3 Each Commission shall establish no more than one checking or negotiable order of withdrawal account. The Commission may deposit into any savings account created pursuant to this section funds not immediately needed for the operation of the Commission. c The treasurer of each Commission shall le with the Oce of the District of Columbia Auditor (Auditor), within 30 days of assuming the oce of treasurer or within 30 days of any change in the requested information, on
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a form provided by the Auditor, a statement that includes the treasurers name, home and business address and telephone number, the location of the books and records of the Commission and the name and location of any depository of the Commissions funds, including account numbers. The treasurer and Chairperson shall le with the Auditor and maintain in force during their occupancy of their respective oces, a cash or surety bond in an amount and on a form satisfactory to the Auditor. Participation by a Commission in the Advisory Neighborhood Commission Security Fund established by 1-309.14 shall satisfy the requirement of a cash or surety bond. The bylaws adopted by each Commission shall include a provision for lling in a timely manner a vacancy in the oce of treasurer from among the remaining Commissioners. No expenditure shall be made by a Commission during a vacancy in the oce of treasurer or at any time when a current and accurate statement and bond or its equivalent are not on le with the Auditor. d (1) The Auditor shall audit the nancial accounts of selected Commissions and maintain a database of nancial information of each Commission for historical and expenditure trend analysis. The Auditor shall produce and submit to the Council a consolidated annual report of the nancial activity of all the Commissions. 2 The Auditor may audit the nancial accounts of a Commission, at the discretion of the Auditor, upon the request by a member of the Council or a Commissioner of the Commission for which an audit is requested. The ndings and recommendations of any audit shall be forwarded to the aected Commission, the Council, the Mayor, the Oce of Advisory Neighborhood Commissions, the Oce of the Inspector General, the Corporation Counsel, and any other law enforcement agency with jurisdiction over alleged improper conduct. 3 In a case in which an Auditors report details a violation of this part, the aected Commission shall, within 90 days, provide in writing to the Auditor, its response to each of the alleged infractions. If the audited Commission fails to respond within 90 days, its next scheduled quarterly allotments shall be forfeited until the response has been led. e Each Commission shall, by resolution, designate the location at which the Commissions books and records shall be maintained which shall, if the
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Commission has a regular oce, be the Commission oce. The Auditor shall have access to the books and records of each Commission pursuant to 1- 204.55(c), and may issue subpoenas to banking and nancial institutions requiring the production of nancial documents and statements pursuant to an audit conducted under this part. Such nancial documents shall include, but not be limited to, bank statements, canceled checks, and signature cards. The Auditor may apply to the Superior Court of the District of Columbia for an order enforcing the subpoena. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt. f (1) Any expenditure of funds by a Commission shall be recorded by the treasurer in the Commissions books of accounts. No expenditure of any amount shall be made without the specic authorization of the Commission. The depository in which the Commission maintains a checking account shall be immediately notied of any change in Commission ocers. 2 (A) An expenditure made by check shall: i Be signed by at least 2 ocers of the Commission, one of whom shall be the treasurer or Chairperson; ii Be pre-numbered;
iii Be issued in consecutive order; and iv Bear the name of the Commission and District of Columbia Government on its face. B Before signature, the check shall contain the: i ii Date of payment; Name of the payee; and
iii Amount of the payment. C No check may be made payable to cash.
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3 A Commission may provide reimbursement for an authorized purchase made with a personal credit card, debit card, or cashiers check that is documented with a receipt, a copy of which shall be submitted to the Commission. g Disbursements of Commission funds exceeding $50 for personal service expenditures shall be specically approved by the Commission at a public meeting prior to the disbursement. The approval shall be recorded in the minutes of the Commission meeting. Any personal services payment shall name the person who is to receive the payments, the rate of compensation, and the maximum hours of service, if less than full-time compensation. If an expenditure is made without the required authorization of the Commission, the expenditure shall be deemed to be a personal expense of the Commissioner who authorized the payment, unless the Commission subsequently approves the expenditure within 90 days. If the Commission fails to approve the expense within 90 days, the Corporation Counsel, upon notication by the Auditor, shall institute any actions necessary to recover Commission funds. h Each Commission may establish a petty cash fund not to exceed $200 at any one time in accordance with procedures established for imprest funds by the D.C. Controller. The fund shall be reimbursed by the treasurer upon presentation of appropriate supporting documents. The treasurer may disburse to another Commissioner or employee of the Commission an amount not in excess of $200 for authorized Commission expenditures through a Commission-established petty cash fund. A record of disbursements from the petty cash fund shall be kept by the treasurer in a manner consistent with other accounts of the Commission. i A Commission shall maintain its accounts on a scal year basis beginning October 1 and ending the following September 30. j (1) The treasurer of a Commission shall prepare a quarterly nancial report on a form provided by the Auditor. The nancial report shall be presented to the Commission for its consideration at a Commission meeting within 45 days after the end of the quarter. A copy of the approved nancial report, signed by the Chairperson, the secretary, and the treasurer, shall be led, along with a record of the vote adopting the report, with the Auditor within 15 days of approval. Each quarterly report shall include
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copies of canceled checks, bank statements, grant request letters and grant disbursements, invoices and receipts, executed contracts, details about all contributions received during the time period covered by the quarterly report, the minutes of all meetings indicating the Commissions approval of disbursements during the time period covered by the quarterly report, and certication of the Commissions approval of the quarterly report signed by the Commissions Secretary. The Commission shall make available for on-site review to the Auditor, upon the Auditors request, originals of documents required to be submitted with quarterly nancial reports pursuant to this section. A nancial report shall be available for public inspection during the normal oce hours of the Commission. 2 No quarterly allotment shall be forwarded to a Commission until all reports of nancial activity for the quarters preceding the immediate previous quarter are approved by the Auditor. If a Commission fails to le 3 consecutive quarterly reports that meet the requirements of paragraph (1) of this subsection, it shall relinquish its checkbook to the Auditor, whose permission will be needed for any expenditure made by check until the Commission les the required nancial reports. The Mayor, upon the request of the Auditor, may issue ocial instructions to any pertinent banking institution to freeze accounts held by a Commission that has not complied with this paragraph. 3 If, on the last day of the scal year, a Commission has not received a quarterly allotment because it failed to le a quarterly report approved by the Auditor, the Commission shall forfeit the unclaimed allotment or allotments and the funds shall be returned to the Districts General Fund. k Reserved.
l (1) A Commission shall expend funds received through the annual allocation received pursuant to subsection (a) of this section, or other donated funds, for public purposes within the Commission area or for the functioning of the Commission oce, including sta salaries, Commissioner training, property liability insurance, and nominal refreshments at Commission meetings. Expenditures may be in the form of grants by the Commission for public purposes within the Commission area pursuant to subsection (m) of this section. A Commission may expend its funds for Commissioner training on subjects pertaining to their ocial duties when such training is not available from government sources. A Commission may expend its funds to purchase
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insurance or obtain indemnication against any loss in connection with the assets of the Commission or any liability in connection with the activities of the Commission, such insurance or indemnication to be purchased or obtained in such amounts and from such sources as the Commission deems to be appropriate. Funds may be used to pay the local transportation expenses of a Commissioner if the Commissioner is ocially representing the Commission or a committee of the Commission at public hearings or meetings or is engaged in ocial Commission business. 2 Funds allocated to the Commissions may not be used for a purpose that involves partisan political activity, personal subsistence expenses, Commissioner compensation, meals, legal expenses other than for Commission representation before an agency, board, or commission of the District government, or travel outside of the Washington metropolitan area. m (1) A grant may not be awarded unless the grant is awarded pursuant to a vote of the Commission at a public meeting following the public presentation of the grant request. A Commission may approve grants only to organizations that are public in nature and benet persons who reside or work within the Commission area. The services provided by the grantee organization must not be duplicative of any that are already performed by the District government. 2 An applicant for a grant must submit an application in writing to the Commission. The application shall contain: A A description of the proposed project for which the grant is requested;
B A statement of expected public benets; and C The total cost of the proposed project, including other sources of funding, if any. 3 Within 60 days following the issuance of a grant, the grant recipient shall forward to the Commission a statement as to the use of the funds consistent with the grant application, complete with receipts which support the expenditures.
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4 Grant disbursements shall be included in quarterly nancial reports submitted to the Auditor. n The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. o A Commission may employ any person necessary to provide administrative support to the Commission. A Commission shall establish position descriptions for employees that shall, at a minimum, broadly identify the qualications and duties of the employees. A Commission employee shall serve at the pleasure of the Commission. An employee of the Commission shall be considered an employee of the District of Columbia government for the purposes of subchapters XXI, XXII, and XXIII of chapter 6 of Title 1. Except for out of pocket expenses approved by the Commission, Commissioners shall not be compensated for personal services rendered on behalf of the Commission. p Any Commissioner within an individual Commission shall have equal access to the Commission oce and its records in order to carry out Commission duties and responsibilities. Moreover, any person has a right to inspect, and at his or her discretion, to copy any public record of the Commission, except as otherwise expressly provided by 2-534, in accordance with reasonable procedures that shall be issued by the Commission after notice and comment concerning the time and place of access. q Upon the request of a Commission, evidenced by a properly adopted resolution signed or transmitted by the Chairperson and secretary, the Mayor shall provide that Commission with suitable oce space in a District-owned or leased building. The Mayor shall acknowledge receipt of the resolution within 15 days and shall provide the Commission with a list of available oce space within 45 days thereafter. The space shall be a minimum of 250 square feet and shall be the sole oce of the Commission. The space shall be located within the Commissions boundaries. If no such space is available, then the space shall be located within the ward boundaries of the
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Commission. If District-owned or leased oce space cannot be provided, the Mayor may seek to reprogram funds up to $600 per month to cover the rental of oce space for the respective Commission. Furnishings, equipment, telephone service, and supplies for the oce space shall be provided from the Commissions funds. There shall be a written lease between the Mayor or District agency and the Commission, which shall specify what operating costs, such as utilities, janitorial services, and security, shall be paid by the Commission.
0.1.327
Advisory Neighborhood CommissionsJoint meetings; involvement of neighborhood groups; service area coordinators; service area manager; citizens advisory mechanism.
a Commissions may meet jointly either formally or informally to deal more eectively with or respond to common issues and concerns. A Commissioner of an individual Commission may represent and participate in a formal joint meeting only after the individual Commission has authorized the participation of the Commission in the joint meeting. For any ocial action taken in a formal joint meeting, the Commission shall specify in a resolution the scope of any individual Commissioners participation. Action taken by individual Commissioners in an informal joint meeting shall follow the general direction of the Commission. b Each Commission may involve representatives of other neighborhood groups in the work of its standing or special committees. c The Mayor shall appoint a service area coordinator for each ward who shall act as the chairperson of the service area committee in that ward and shall coordinate all District government services at the ward level to residents of the ward. The head of each District government department or agency that delivers services at the ward level shall appoint a service area manager who shall oversee the day-to-day operations of the department or agency within the ward and shall represent that department or agency on the service area committee of that ward. The service area coordinators and managers shall work closely with the Commissions in their service area ward and shall provide them with any technical assistance necessary to the performance of their duties and responsibilities.
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d (1) The Council may assist the individual Commissions in the following areas: A Dispute resolution between the entities of the District government and the individual Commissions to facilitate the advisory process; B Providing the training to Commissioners with respect to the procedures and content of District laws, including, but not limited to, laws governing zoning and licenses to sell alcohol; and C Any other assistance necessary and feasible to enable the Commissions to perform their statutory duties. 2 The District of Columbia Auditor shall provide assistance to the Commissions in the following areas: A Review of quarterly nancial reports to ensure compliance with current law; B Monitoring of Commission expenditures and responses to inquiries from individual Commissions on the legality of proposed actual expenditures; and C Training of Chairpersons and treasurers regarding required nancial reports and submissions. 3 The Mayor shall provide assistance to the Commissions in the following areas: A Legal interpretations of statutes concerning or aecting the Commissions, or of issues or concerns aecting the Commissions. These interpretations are to be obtained from the Corporation Counsel and may be requested directly by any Commission; B Liaison eorts between the individual Commissions and District government entities to ensure responsiveness to Commission requests and compliance with current law; C Provision of government-owned or leased oce space to any requesting Commission pursuant to 1-309.13(q);
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D Within 180 days of June 27, 2000, issue regulations to provide parking privileges for Commissioners while on ocial business; and E Any other assistance necessary to ensure that a Commission is able to perform its statutory duties. e Whenever a District government entity is required to establish a citizens advisory mechanism, appointments to that mechanism shall be made in such a manner as to ensure as far as possible the equal representation on the mechanism of each electoral ward, provided that, members of the advisory mechanism possess skills relevant to the tasks for which the advisory mechanism was established and, in the event that the size of the advisory mechanism requires the appointment of more than one person per ward, ward appointments shall be made in such a manner so as to ensure as far as possible a fair representation of each Commission area. f Each executive and independent agency, board, and commission of the District of Columbia and the Council shall assign an individual to act as an Advisory Neighborhood Commission Liaison who will serve as the primary contact for all Commissioners conducting ocial business with said government entity. The Oce of Advisory Neighborhood Commissions shall maintain a list of the Liaisons.
0.1.328
Advisory Neighborhood CommissionsMeetings; bylaws governing operation and internal structure; ofcers.
Reserved.
b (1) Each Commission shall meet in public session at regular intervals at least 9 times per year at locations that are designed to reasonably accommodate the residents of the Commission area, depending on the issues to be considered by the Commission. The Commission may declare a quorum and take ocial action if a majority of single-member district Commissioners of the Commission is present, provided that a majority of the single-member districts have Commissioners on the Commission pursuant to 1-309.06. 2 To the extent possible, each Commission shall, at its rst meeting of the calendar year, adopt a schedule of regular Commission meetings for
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CONTENTS
the remainder of the calendar year. Each Commission shall, at its public meetings, consider and make recommendations on matters before the Commission that may include, but are not limited to, actions or proposed actions of the Council, the Mayor, executive branch agencies, or any independent agency, board, or commission. 3 Each Commission shall set aside a portion of each public meeting to hear the views of residents within the Commission area and other aected persons on problems or issues of concern within the Commission area and on proposed District government actions that aect the Commission area. Community views shall be adequately considered in positions taken by the Commission. Each Commission shall establish mechanisms to ensure the broadest dissemination of information with respect to Commission meetings, positions, and actions. c Each Commission shall give notice of all meetings or convocations to each Commissioner, individuals with ocial business before the Commission, and residents of the Commission area no less than 7 days prior to the date of such meeting. Shorter notice may be given in the case of an emergency or for other good cause. Notice of regular and emergency meetings must include, but is not limited to, at least 2 of the following: 1 Posting written notices in at least 4 conspicuous places in each singlemember district within the Commission area; 2 Publication in a city or community newspaper; 3 Transmitting or distributing notice to a list of residents and other stakeholders in the community; and 4 In any other manner approved by the Commission. d Each Commission shall establish bylaws governing its operation and internal structure. 1 These bylaws shall include the following: A The geographic boundaries of the Commission area;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) B A statement of Commission responsibilities;
247
C Voting procedures; D The establishment of standing and special committees, including provisions for giving public notice of all committee meetings; E The manner of selection of chairpersons and other ocers; F Presiding ocers; G Procedures for prompt review and action on committee recommendations;
The use of the Commission oce and supplies;
I Procedures for receipt of, and action upon constituent recommendations at both the single-member district and Commission levels; and J Pursuant to 1-309.13(c), the procedures for the lling of a vacancy in the oce of treasurer. 2 Said bylaws shall be consistent with the provisions of this part and other applicable laws and shall be a public document. 3 An up-to-date copy of each Commissions bylaws and all amendments thereto shall be led with the Council and the Oce of Advisory Neighborhood Commissions within 30 days of any amendment to the bylaws. d-1 No Commission shall be entitled to incorporation, provided that no member of the Commission may be liable for action taken as an elected representative from a single-member district.
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CONTENTS
e (1) Each Commission shall elect from among its members at a public meeting of the Commission held in January of each year a Chairperson, vice-chairperson, secretary, and treasurer. Each Commission may also elect any other ocers the Commission deems necessary. The Chairperson shall serve as convener of the Commission and shall chair the Commission meetings. The vice-chairperson shall fulll the obligations of the Chairperson in the Chairpersons absence. The secretary shall ensure that appropriate minutes of Commission meetings are kept and that appropriate notice of Commission meetings is provided in accordance with subsection (c) of this section. The treasurer shall perform the duties provided for in 1-309.13. The views or recommendations of each Commission shall only be presented by its ocers, Commissioners, or representatives appointed by the Commission at a public meeting to represent the Commissions views on a particular issue or proposed action. 2 (A) Removal of any ocer shall be undertaken at a special Commission meeting. B A special Commission meeting to remove an ocer shall be called if at least one-half of the elected Commissioners request in writing that the Chairperson take such action. After the request is made, the Chairperson shall schedule the meeting to take place within 30 days of receipt of the request. C The Chairperson shall preside over the meeting unless the vote will aect the Chairpersons own position. In that case, the vice-chairperson shall act as the presiding ocer. D Provided a quorum is present at the special Commission meeting called pursuant to subparagraph (B) of this paragraph, the vote of a majority of the Commissioners shall remove the ocer from his or her oce. 3 Where not otherwise provided, the procedures of the Commission shall be governed by Roberts Rules of Order. f Chairmanship of each Commission committee or task force shall be open to any resident of the Commission area. The chairperson of each such committee or task force shall be appointed by the Commission. Each Commission shall make a good faith eort to involve all segments of the Commission
249
population in its deliberations regardless of race, sex, age, voting status, religion, economic status, sexual orientation, or gender identity or expression. g Each Commission, including each committee of a Commission, shall be subject to the open meetings provisions of 1-207.42(a). No meeting may be closed to the public unless personnel or legal matters are discussed. Without limiting the scope of that section, the following categories of information are specically made available to the public: 1 The names, salaries, title, and dates of employment of all employees of the Commission; 2 Final decisions of the Commission, including concurring and dissenting opinions; 3 Information of every kind dealing with the receipt or expenditure of public or other funds by the Commission; 4 All documents not related to personnel and legal matters; 5 The minutes of all Commission meetings; and 6 Reports of the District of Columbia Auditor.
0.1.329
Advisory Neighborhood Commissions-Duties and responsibilities; notice; great weight; access to documents; reports; contributions.
a Each Advisory Neighborhood Commission (Commission) may advise the Council of the District of Columbia, the Mayor and each executive agency, and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District government policy including, but not limited to, decisions regarding planning, streets, recreation, social services programs, education, health, safety, budget, and sanitation which aect that Commission area. For the purposes of this part, proposed actions of District government policy shall be the same as those for which prior notice of proposed rulemaking is required pursuant to 2-505(a) or as pertains to the Council of the District of Columbia.
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CONTENTS
b Thirty days written notice, excluding Saturdays, Sundays and legal holidays of such District government actions or proposed actions, including (1) the intent to acquire an interest in real property, either through purchase or lease or (2) the intent to change the use of property owned or leased by or on behalf of the government, shall be given by rst-class mail to the Ofce of Advisory Neighborhood Commissions, each aected Commission, the Commissioner representing a single-member district aected by said actions, and to each aected Ward Councilmember, except where shorter notice on good cause made and published with the notice may be provided or in the case of an emergency and such notice shall be published in the District of Columbia Register. In cases in which the 30-day written notice requirement is not satised, notication of such proposed government action or actions to the Commissioner representing the aected single-member district shall be made by mail. The Register shall be made available, without cost, to each Commission. A central record of all such notices shall be held by the Oce of Advisory Neighborhood Commissions. c (1) Proposed District government actions covered by this part shall include, but shall not be limited to, actions of the Council of the District of Columbia, the executive branch, or independent agencies, boards, and commissions. In addition to those notices required in subsection (a) of this section, each agency, board and commission shall, before the award of any grant funds to a citizen organization or group, before the transmission to the Council of a proposed revenue bond issuance, or before the formulation of any nal policy decision or guideline with respect to grant applications, comprehensive plans, requested or proposed zoning changes, variances, public improvements, licenses, or permits aecting said Commission area, the District budget and city goals and priorities, proposed changes in District government service delivery, and the opening of any proposed facility systems, provide to each aected Commission notice of the proposed action as required by subsection (b) of this section. Each District of Columbia government entity shall maintain a record of the notices sent to each Commission pursuant to subsection (b) of this section. 2 (A) The Alcoholic Beverage Control Board (ABC Board) or its designee shall give notice to Advisory Neighborhood Commissions, the Oce of Advisory Neighborhood Commissions, the Commission or Commissions representing the area within 600 feet of where the applicants establishment is located, and the Commissioner representing an aected single-member
251
district at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailers licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a dierent location. The ABC Board or its designee party shall give notice by rst-class mail, posted not less than 5 calendar days prior to the rst day of the 45-calendar-day notice period, and addressed to: i The Commission oce, with sucient copies of the notice for distribution to each Commissioner; ii The Chairperson of the Commission at his or her home address of record; and iii The Commissioner in whose single-member district the establishment is located at his or her home address of record. B In addition, the ABC Board shall provide to each Commission oce, on a quarterly basis, a printed list of all Alcohol Beverage Control licenses due to expire in the ensuing 6 months. An Advisory Neighborhood Commission may object to the application in the manner set forth in 25-115(c) and (e). 3 The Department of Consumer and Regulatory Aairs shall ensure that each aected Commission, the Commissioner representing the aected single member district, the aected ward Councilmember, and the Oce of Advisory Neighborhood Commissions is provided a current list at least twice a month of applications for construction, demolition, raze, and public space permits. The list may be provided by electronic or rst-class mail; provided, that the notice to the aected Commission shall be by rst-class mail unless the aected Commission agrees in writing to receive electronic mail notications. 4 The Oce of Zoning shall ensure that each aected Commission, the Commissioner representing the aected single member district, the aected ward Councilmember, and the Oce of Advisory Neighborhood Commissions is provided notice of applications, public hearings, proposed actions, and actions on all zoning cases. The notice may be provided by electronic or rst-class mail; provided, that the notice to the aected Commission shall
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CONTENTS
be by rst-class mail unless the aected Commission agrees in writing to receive electronic mail notications. d (1) Each Commission so notied pursuant to subsections (b) and (c) of this section of the proposed District government action or actions shall consider each such action or actions in a meeting with notice given in accordance with 1-309.11(c) which is open to the public in accordance with 1- 309.11(g). The recommendations of the Commission, if any, shall be in writing and articulate the basis for its decision. 2 At the close of business of the day after which the notice period concludes as provided in subsection (b) or (c) of this section, the aected District government entity may proceed to make its decision. 3 (A) The issues and concerns raised in the recommendations of the Commission shall be given great weight during the deliberations by the government entity. Great weight requires acknowledgement of the Commission as the source of the recommendations and explicit reference to each of the Commissions issues and concerns. B In all cases the government entity is required to articulate its decision in writing. The written rationale of the decision shall articulate with particularity and precision the reasons why the Commission does or does not oer persuasive advice under the circumstances. In so doing, the government entity must articulate specic ndings and conclusions with respect to each issue and concern raised by the Commission. Further, the government entity is required to support its position on the record. C The government entity shall promptly send to the Commission and the respective ward Councilmember a copy of its written decision. 4 Oral testimony shall be followed as if provided in advance in writing as required by paragraph (1) of this subsection when accompanied within 7 days by written documentation approved by the respective Commission, which supports the testimony. e Reserved.
f Each Commission may present its views to any federal or District agency.
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g The Commission shall not have the power to initiate a legal action in the courts of the District of Columbia or in the federal courts, provided that this limitation does not apply to or prohibit any Commissioner from bringing suit as a citizen. h (1) Each Commission may initiate its own proposal for District government action. The District government entity to which the proposal is made shall acknowledge the proposal in writing to the initiating Commission within 10 days of receipt of the proposal and shall issue a status report to the initiating Commission within 60 days of receipt. 2 Any Commission may hold public hearings on requested or proposed government actions. Commissions may invite public witnesses from any executive or independent entity to testify before the Commission. Within 45 days of the close of the public hearing, the Commission may submit to the Council a report detailing the Commissions ndings and recommendations to be included in any public record of the proposed government action. i (1) Each Commission shall have access to District government ocials and to all District government ocial documents and public data pursuant to 2-531 et seq. that are material to the exercise of its development of recommendations to the District government. 2 The Mayor shall provide to all Commissions, at no cost, current zoning and alcohol beverage control regulations, and any other regulations requested in writing by the respective Commission not available electronically, in order for Commissioners to adequately perform their responsibilities. j (1) On or before November 30 of each year, each Commission may le an annual report with the Council and the Mayor for the preceding scal year. Such report shall include, but shall not be limited to: A Summaries of important problems perceived by the Commission in order of their priority; B Recommendations for actions to be taken by the District government; C Recommendations for improvements on the operation of the Commissions;
254 D Financial report; and
CONTENTS
E A Summary of Commission activities. 2 Minority reports may be led. k Reserved.
l No Commission may solicit or receive funds unless specically authorized to do so by the Council, except that receipt of individual contributions of $1,000 or less need not be approved by the Council. No person shall make any contribution, nor shall a Commission receive any contribution from any person which, when aggregated with all other contributions received from that person, exceeds $1,000 per calendar year. Each Commission shall le with its quarterly reports to the District of Columbia Auditor required pursuant to 1- 309.13(j) details of all contributions received during the relevant period of time. m Each Commission shall monitor complaints of Commission area residents with respect to the delivery of District government services and le comments on same with the appropriate District government entity and the Council. n Each Commission shall develop an annual scal year spending plan budget for the upcoming scal year within 60 days of notication of the amount of the Commissions annual allotment. Prior to adoption of the budget at a public meeting, the Commission shall present the budget at a public meeting of the Commission to elicit comments from the residents of the Commission area. o Each Commission may, where appropriate, constitute the citizen advisory mechanism required by any federal statute (unless specically prohibited by federal statute). p Each Commission that adopts recommendations regarding legislation pending before the Council shall forward a copy of the recommendations to the Oce of Advisory Neighborhood Commissions (Oce) and to the Secretary to the Council within 14 days after adoption. The Oce shall
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keep a publicly accessible le of all Commission recommendations submitted pursuant to this subsection.
0.1.330
Conduct of elections.
a The Board is authorized to conduct the elections provided for in this part and to adopt, amend, repeal, and enforce such regulations as are deemed necessary to carry out the provisions of this part. The Board shall conduct such elections in the same manner as elections held under subchapter I of Chapter 10 of this title. b For the purposes of this part, the term registered qualied elector means a qualied elector, as dened in 1-1001.02, registered under 11001.07.
0.1.331
Boundary changes.
a Petitions for changes in the boundaries of an Advisory Neighborhood Commission area or single-member district within any such area may be led with the Council of the District of Columbia during the month of January of the year in which elections for Advisory Neighborhood Commissions are to be held. Such petitions must be signed by at least 5 percent of the registered qualied electors of such Advisory Neighborhood Commission area. b Upon certication by the Board to the Chairman of the Council that 5 percent of the registered qualied electors of an Advisory Neighborhood Commission have signed such a petition, the Council shall, after public hearing, accept or reject such petition. c The Council shall accept or reject such a petition within 3 months after its receipt.
0.1.332
Advisory Neighborhood CommissionsDetermination of election winners.
The candidate in each single-member district receiving the highest number of votes cast in such election shall be declared the winner, except that in the case of a tie the procedures set forth in 1-1001.10(c) shall govern.
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CONTENTS
0.1.333
Advisory Neighborhood CommissionsElection of members; term of oce; vacancies; change in residency; resignation; removal.
a Following the initial elections of members of Advisory Neighborhood Commissions in November 1976, subsequent elections of such members occurred in November of odd-numbered calendar years through 1981. Beginning in 1984, general elections of members of Advisory Neighborhood Commissions shall take place on the 1st Tuesday after the 1st Monday in November of each even-numbered calendar year. b (1) Each member of an Advisory Neighborhood Commission shall serve for a term of 2 years which shall begin at noon on the 2nd day of January next following the date of election of such member, or at noon on the day after the date the Board certies the election of such member, whichever is later. 2 Repealed. 3 Each member of an Advisory Neighborhood Commission holding oce at August 2, 1983, shall continue in oce until noon on the 2nd day of January next following the date of the election provided for in paragraph (2) of this subsection. c Repealed.
d (1) Whenever a vacancy exists in the oce of a Commissioner, and the vacancy does not occur within the 6-month period prior to a general election, the vacancy shall be lled pursuant to paragraph (6) of this subsection. No vacancy shall be lled if it occurs within the 6-month period prior to a general election. 2 For purposes of this section, a vacancy is deemed to exist upon the publication of a notice of the vacancy in the District of Columbia Register. 3 Within 90 days of the date that the Board declares a vacancy, the members of the Advisory Neighborhood Commission where the vacancy exists shall ll the vacancy pursuant to paragraph (6) of this subsection.
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4 Each person appointed or elected to ll a vacancy shall meet the qualications set forth in 1-309.05(a). 5 Each person appointed or elected to ll a vacancy shall serve until a successor has been certied and sworn in pursuant to subsection (b) of this section. 6 (A) Within 5 days (excluding Saturdays, Sundays, and legal holidays) after the date that the Board declares a vacancy, the Board shall make available petitions for the purpose of obtaining the signatures of registered qualied electors within the aected single-member district. B If petitions are not obtained by any registered qualied elector within the aected single-member district within 14 working days after the petitions have been made available, the Board shall recertify the vacancy by republishing the notice required by paragraph (2) of this subsection. C Within 21 days of the date that the Board makes the petitions available, persons interested in lling the vacancy shall submit a petition to the Board that contains the signatures of at least 25 registered qualied electors within the aected single-member district. The Board, after a 5-working-day challenge period, shall transmit a list of the names of persons who qualify for membership on the aected Advisory Neighborhood Commission. D If there is only one person qualied to ll the vacancy within the aected single-member district, the vacancy shall be deemed lled by the qualied person and the Board shall certify the lling of the vacancy by publication in the District of Columbia Register. E If the Board transmits a list of qualied candidates containing more than one name, the aected Advisory Neighborhood Commission shall give notice at a public meeting that at the next regularly scheduled or special meeting there shall be an open vote of the qualied registered electors of the aected single-member district to elect a Commissioner. All registered qualied electors shall display their voter identication card or, alternatively, be listed as a voter in the aected single-member district on the voter registration list provided by the Board. The ballots shall be counted by at least 2 impartial vote counters. The results shall be read aloud by the Chairperson of the
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CONTENTS
Advisory Neighborhood Commission, or alternatively, by such Commissioners as the Chairperson shall designate. In the event that the Chairperson is vacant, the results shall be read aloud by the Commissioner presiding over the meeting. F After a vacancy has been lled pursuant to this subsection, the aected Advisory Neighborhood Commission shall transmit to the Board a resolution signed by 2 ocers of the Advisory Neighborhood Commission that states the winner of the Advisory Neighborhood Commission single-member district election and requests that the Board declare the vacancy lled. The resolution shall also be sent to the following: i ii The Council; The Mayor; and
iii The person appointed or elected by the Commission. G The Board shall certify the lling of the vacancy by publication in the District of Columbia Register. e Any member of an Advisory Neighborhood Commission who ceases to reside in the single-member district from which he or she is elected shall be considered to have resigned, and the oce shall be declared vacant. f (1) Any member of an Advisory Neighborhood Commission who resigns from the single-member district from which he or she is elected shall submit a letter of resignation to the Board of Elections and Ethics and a copy of the letter to the Council, the Mayor, the Oce of Advisory Neighborhood Commissions, the Chairperson of the members Advisory Neighborhood Commission, and the Vice Chairperson of the members Advisory Neighborhood Commission. The Board of Elections and Ethics shall then declare the vacancy. 2 When a vacancy occurs in an Advisory Neighborhood Commission and no letter of resignation is submitted as required by paragraph (1) of this subsection, the respective Advisory Neighborhood Commission shall petition the Board, by a resolution signed by the Chairperson and the secretary of the Advisory Neighborhood Commission, to declare the vacancy. The
259
resolution shall be considered by the Advisory Neighborhood Commission at a special Advisory Neighborhood Commission meeting called for the purpose of considering the vacancy. Prior to the special Advisory Neighborhood Commission meeting, the Advisory Neighborhood Commission shall make a good faith eort to notify, in writing, the Commissioner who is the subject of the resolution. Notice of the meeting shall be sent by certied mail, return receipt requested, to the Commissioner no later than 15 days prior to the meeting, and shall provide that the Commissioner shall have an opportunity to rebut the alleged vacancy. The resolution, accompanied by minutes of the meeting at which the resolution was adopted and a list of those attending the meeting, shall be sent to: A The Board of Elections and Ethics;
B The Council; C The Mayor; and D The Commissioner, whenever the vacancy is due to removal or failure to continue the qualications for oce under 1-309.05. 3 (A) Any qualied elector may, within a 10-day period, challenge the validity of the resolution led under paragraph (2) of this subsection, by a written statement duly signed by the challenger, led with the District of Columbia Board of Elections and Ethics and specifying concisely the alleged defects in said resolution. A copy of the challenged statement shall be sent by the District of Columbia Board of Elections and Ethics to the Chairperson of the petitioning Advisory Neighborhood Commission. B The District of Columbia Board of Elections and Ethics shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than 30 days after the challenge has been led. Within 3 days after the announcement of the determination of the District of Columbia Board of Elections and Ethics with respect to the validity of the resolution, either the challenger or the aected single-member district commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.
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C The District of Columbia Court of Appeals shall expedite consideration of the determination. The decision of such Court shall be nal and not appealable. D If the resolution is found to be valid, then the District of Columbia Board of Elections and Ethics shall declare the vacancy. 4 Any member of an Advisory Neighborhood Commission may resign prospectively by submitting an irrevocable letter of prospective resignation to the Board, with copies to the Council of the District of Columbia, the Mayor, and the Chairperson of the members Advisory Neighborhood Commission. The letter shall be sworn, state that it is irrevocable, and give the date that the resignation shall become eective. The resignation shall become eective not more than 60 days following receipt of the letter by the Board. Upon receipt of such letter the Board shall declare the prospective vacancy and proceed to ll it as provided in subsection (d) of this section. 5 The Board shall have the authority to declare and certify a vacancy on its own initiative, without regard to paragraphs (1) or (2) of this subsection, when: A The oce of a Commissioner remains vacant after a general or special election; or B The Board determines, through its established procedures for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualied elector actually residing in the single-member district from which the Commissioner was elected. g Repealed. h (1) The Board shall maintain a list of the names, a current telephone number, and home addresses of all members of the Advisory Neighborhood Commissions, and shall share that list on a monthly basis with the Oce of Advisory Neighborhood Commissions established in 1-309.15. 2 The Board shall not release the social security numbers of Commissioners.
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3 This list shall be published at least semiannually in the District of Columbia Register. This list shall also be provided by the Oce of Advisory Neighborhood Commissions established in 1-309.15, to the Alcohol Beverage Control Board, the Historic Preservation Review Board, the Redevelopment Land Agency, the Zoning Commission and the Board of Zoning Adjustment, and to any other District government entity that requests it. 4 Any change, which may be due to resignation, election, moving, or for any other reason, shall be reported when it occurs by the Oce of Advisory Neighborhood Commissions to the Alcohol Beverage Control Board, the Historic Preservation Review Board, the Redevelopment Land Agency, the Zoning Commission, the Board of Zoning Adjustment, and to any other District government entity that requests it.
0.1.334
Advisory Neighborhood CommissionsQualications of members; nomination by petition.
a (1) No person shall be a member of an Advisory Neighborhood Commission unless he: A Is a registered qualied elector actually residing in the single-member district from which he was elected; B Has been residing in such district continuously for the 60 days immediately preceding the day on which he les the nominating petitions as a candidate as such a member; and C Holds no other elected public oce. 2 For the purpose of this subsection, the term elected public oce means the Oce of Mayor of the District of Columbia, Chairman or member of the Council of the District of Columbia, member of the District of Columbia Board of Education, and the Delegate to the House of Representatives. b (1) Candidates for member of an Advisory Neighborhood Commission shall be nominated by a petition:
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CONTENTS
A Prepared and presented to the Board in accordance with regulations of the Board no later than the 90th calendar day before the date of the election in which he intends to be a candidate; and B Signed by not less than 25 registered qualied electors who are residents of the single-member district from which he seeks election. 2 Such petitions shall be made available by the Board no later than the 120th calendar day before an election for members of an Advisory Neighborhood Commission.
0.1.335
Advisory Neighborhood CommissionsPetition required; established by resolution.
a As soon as possible after October 10, 1975, but in no case later than 5 days after such date, the District of Columbia Board of Elections and Ethics (hereinafter in this part referred to as the Board) shall: 1 Make available to any resident of an Advisory Neighborhood Commission area copies of petition forms for collecting signatures of registered qualied electors in such area; and 2 Publish in the District of Columbia Register and in at least 2 newspapers of general circulation in the District of Columbia, the number of registered qualied electors in each Advisory Neighborhood Commission area. b Upon certication by the Board to the Chairman of the Council that 5 percent of the registered qualied electors of an Advisory Neighborhood Commission area have signed a petition calling for the establishment of an Advisory Neighborhood Commission in such area, the Council shall then establish by resolution a nonpartisan elected Advisory Neighborhood Commission for such area, with its members to be elected from the single-member districts established for such area. Nothing in this section shall be construed to permit an individual to sign more than 1 petition for the establishment of an Advisory Neighborhood Commission.
0.1.336
Single-member districts.
a The Council shall, by act, establish single-member districts for each of the neighborhood commission areas in 1-309.02. Such districts shall be
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established in a timely manner following the receipt of alternate plans from the ward task forces on Advisory Neighborhood Commissions, established by 1-1041.01. Each single-member district shall have a population of approximately 2,000 people, and shall be as nearly equal as possible. The boundaries of the single-member districts shall conform to the greatest extent possible with the boundaries of the census blocks which are established by the United States Bureau of the Census. Each advisory neighborhood commission area shall be located to the greatest extent possible within the boundaries of 1 election ward. An advisory neighborhood commission area may be located within 2 election wards if the location results from the limitations of census geography or if the location promotes a rational public policy, including, but not limited to, respect for the natural geography of the District, neighborhood cohesiveness, or the development of compact and contiguous areas. Upon adoption of the act establishing such districts, the Council shall cause a description of the boundaries of each such district to be published in the District of Columbia Register. b The Council shall, by act after public hearing by the Councils Committee of the Whole, make such adjustments in the boundaries of the Advisory Neighborhood Commission single-member districts and the Advisory Neighborhood Commission areas as are necessary as a result of population shifts and changes. Such adjustments shall be made in a timely manner following the receipt of alternative plans from the ward task forces on Advisory Neighborhood Commissions, established by 1-1041.01. Any adjustments made less than 180 days prior to a regularly scheduled election shall not be eective for that election.
0.1.337
Advisory Neighborhood Commission areas.
There are hereby established in the District of Columbia Advisory Neighborhood Commission areas, the boundaries of which shall be as depicted on the maps of the District of Columbia annexed to and made a part of this part.
0.1.338
Purpose; denitions.
a (1) Section 1-207.38 provides that the Council shall, by act, divide the District of Columbia into neighborhood commission areas and establish, for each such area, an Advisory Neighborhood Commission. Such 1-207.38 was
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to be eective only if a majority of the qualied electors voting in the charter referendum voted for the establishment of the Advisory Neighborhood Commissions.
2 In the charter referendum a majority of the qualied electors did vote to establish such Commissions, and it is the purpose of this part to implement the provisions of 1-207.38.
Repealed.
For the purposes of this part, the term:
1 Board means the District of Columbia Board of Elections and Ethics.
2 Commission means Advisory Neighborhood Commission.
3 Emergency means an action taken to immediately preserve the public peace, health, safety, welfare, or morals pursuant to 2-505(c).
4 Gender identity or expression shall have the same meaning as provided in 1-1401.02(12A).
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0.1.339 0.1.340 0.1.341 0.1.342 0.1.343 0.1.344 0.1.345 0.1.346
Appropriations contingency. [Repealed] Rules. [Repealed] Disbursement of loans. [Repealed] Participant obligations. [Repealed] Award of Program loans. [Repealed] Eligibility. [Repealed] Administration of the Program. [Repealed] Establishment of the District of Columbia Poverty Lawyer Loan Assistance Repayment Program. [Repealed] Denitions. [Repealed] Prior legislation.
0.1.347 0.1.348
This part shall not adversely aect any actions taken, agreements entered into, pledge of security made, or Bonds issued prior to April 5, 2005.
0.1.349
Liability.
a The members of the Council, the Mayor, or any person executing Bonds shall not be liable personally on the Bonds by reason of the issuance thereof. b Notwithstanding any other provision of this part, the Bonds shall not be general obligations of the District and shall not be in any way a debt or liability of the District within the meaning of any debt or other limit prescribed by law. The full faith and credit or the general taxing power of the District (other than the PILOT or other security authorized under this part) shall not be pledged to secure the payment of any Bonds.
0.1.350
Default.
If there shall be a default in the payment of the principal of, or interest on, any Bonds of a series after the principal or interest shall become due and payable, whether at maturity or upon call for redemption, or if the District shall fail or refuse to carry out and perform the terms of any agreement with the holders of any of the Bonds, the holders of the Bonds, or the trustee
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appointed to act on behalf of the holders of the Bonds, may, subject to the provisions of the nancing documents, do the following: 1 By action, writ, or other proceeding, enforce all rights of the holders of the Bonds, including the right to require the District to carry out and perform the terms of any agreement with the holders of the Bonds or its duties under this part; 2 By action, require the District to account as if it were the trustee of an express trust; 3 By action, petition to enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the Bonds; and 4 Declare all the Bonds due and payable, whether or not in advance of maturity and, if all the defaults be made good, annul the declaration and its consequences.
0.1.351
Security for Bonds.
a A series of Bonds may be secured by a trust agreement or trust indenture between the District and a corporate trustee having trust powers, or secured by a loan agreement or other instrument giving power to a corporate trustee by means of which the District may do the following: 1 Make and enter into any and all covenants and agreements with the trustee or the holders of the Bonds that the District may determine to be necessary or desirable covenants and agreements as to: A The application, investment, deposit, use, and disposition of the proceeds of Bonds and the other monies, securities, and property of the District; B The assignment by the District of its rights in any agreement; C Terms and conditions upon which additional Bonds of the District may be issued;
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D Providing for the appointment of a trustee to act on behalf of bondholders and abrogating or limiting the rights of the bondholders to appoint a trustee; and E Vesting in a trustee for the benet of the holders of Bonds, or in the bondholders directly, such rights and remedies as the District shall determine to be necessary or desirable; 2 Pledge, mortgage or assign monies, agreements, property, or other assets of the District, either presently in hand or to be received in the future, or both; 3 Provide for bond insurance and letters of credit, or otherwise enhance the credit of and security for the payment of the Bonds; and 4 Provide for any other matters of like or dierent character that in any way aect the security for or payment of the Bonds. b The Bonds are declared to be issued for essential public and governmental purposes. The Bonds and the interest thereon and the income therefrom, and all monies pledged or available to pay or secure the payment of the Bonds, shall at all times be exempt from taxation by the District, except for estate, inheritance, and gift taxes. c The District does hereby pledge to and covenant and agree with the holders of any Bonds that, subject to the provisions of the nancing documents, the District will not limit or alter the revenues pledged to secure the Bonds or the basis on which such revenues are collected or allocated, will not impair the contractual obligations of the District to fulll the terms of any agreement made with the holders of the Bonds, will not in any way impair the rights or remedies of the holders, and will not modify in any way, with respect to the Bonds, the exemptions from taxation provided for in this part, until the Bonds, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any suit, action or proceeding by or on behalf of the holders, are fully met and discharged. This pledge and agreement of the District may be included as part of the contract with the holders of any of its Bonds. This subsection shall constitute a contract between the District and the holders of the Bonds
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authorized by this part. To the extent that any acts or resolutions of the Council may be in conict with this part, this part shall be controlling. d Consistent with 1-204.90(a)(4)(B) and, notwithstanding Article 9 of Title 28: 1 A pledge made and security interest created in respect of any Bonds or pursuant to any related nancing document shall be valid, binding, and perfected from the time the security interest is created, with or without physical delivery of any funds or any property and with or without any further action; 2 The lien of the pledge shall be valid, binding, and perfected as against all parties having any claim of any kind in tort, contract, or otherwise against the District, whether or not such party has notice; and 3 The security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to the security interest is recorded or led.
0.1.352
Consumer protection.
The Central Collection Unit and any outside parties it engages to collect delinquent debt shall fully comply with the Fair Debt Collection Practices Act, approved September 20, 1977 (91 Stat. 874; 15 U.S.C. 1692 et seq.), Chapter 39 of Title 28, and all other federal and District laws and rules that govern collection of delinquent debt.
0.1.353
Details of Bonds.
a Subject to the terms of the resolution authorizing issuance of the Bonds, the Mayor may take any action necessary or appropriate in accordance with this part in connection with the preparation, execution, issuance, sale, delivery, and payment of Bonds, including determinations of: 1 The nal form, content, designation, and terms of the Bonds, including a determination that the Bonds may be issued in certicate or book entry form;
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2 The principal amount of the Bonds to be issued and denominations of the Bonds; 3 The rate or rates of interest or the method for determining the rate or rates of interest on the Bonds; 4 The date or dates of issuance, sale, and delivery of, and the payment of interest on the Bonds, and the maturity date or dates of the Bonds; 5 The terms under which the Bonds may be paid, optionally or mandatorily redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before their respective stated maturities; 6 Provisions for the registration, transfer, and exchange of each series of Bonds and the replacement of mutilated, lost, stolen, or destroyed Bonds; 7 The creation of any reserve fund, sinking fund, or other fund with respect to the Bonds; 8 The time and place of payment of the Bonds; 9 Procedures for monitoring the use of the proceeds received from the sale of the Bonds to ensure that they are properly applied to the project and used to accomplish the purposes of this part; and 10 Actions necessary to qualify the Bonds under blue sky laws of any jurisdiction where the Bonds are marketed. b The Bonds shall contain a legend, which shall provide that the Bonds shall be special obligations of the District, shall be nonrecourse to the District, shall not be a pledge of, and shall not involve, the faith and credit or the taxing power of the District (other than the PILOT or any other security authorized by this part), shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as prohibited in 1-206.02(a)(2).
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c The Bonds shall be executed in the name of the District and on its behalf by the manual or facsimile signature of the Mayor. The Mayors execution and delivery of the Bonds shall constitute conclusive evidence of the Mayors approval, on behalf of the District, of the nal form and content of the same. d The ocial seal of the District, or facsimile of it, shall be impressed, printed, or otherwise reproduced on the Bonds. e The Bonds may be issued at any time or from time to time in one or more issues and in one of more series.
0.1.354
Bond authorization.
The issuance of Bonds in accordance with this part is authorized. The aggregate principal amount of Bonds which may be issued under this part shall not exceed $500 million; provided, that the aggregate amount of Bonds that may be allocated to benet directly projects in the Central Business District, as that term is dened in Chapter 17 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR 1700 et seq.), shall not exceed $300 million.
0.1.355
Payment and collection of payments in lieu of taxes.
a The owner of the PILOT parcel shall make the payments in lieu of taxes to the District at the same time and in the same manner as real property taxes under Chapter 8 of Title 47; provided, that in connection with issuance of Bonds, the PILOT may be paid for the benet of the holders of the Bonds to the bond trustee or other persons as provided in the nancing documents for the purposes set forth therein; provided further, that if such provisions are included in the nancing documents, the PILOT shall constitute a lien against the property on which the PILOT was assessed to the same extent as a real property tax lien and shall be deemed to be a tax within the meaning of 11 U.S.C. 502(b), 505, and 507(a)(8)(B). b Payments in lieu of taxes shall be subject to the same penalty and interest provisions as unpaid real property tax under the Chapter 8 of Title 47.
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c A lien for unpaid payments in lieu of taxes, including penalty and interest, shall attach to the PILOT parcel in the same manner and with the same priority as a lien for delinquent real property tax under Chapter 13A of Title 47. d The unpaid payments in lieu of taxes may be collected in accordance with Chapter 13A of Title 47.
0.1.356
Approval by the Council.
a (1) The issuance of Bonds, including the execution of the PILOT agreement and other nancing agreements and documents, under 1-308.02(a)(1)(A) shall be subject to the approval of the Council. The Mayor shall transmit to the Council a proposed resolution to approve the issuance of Bonds, the maximum amount of the Bonds to be issued, and the PILOT agreement for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed resolution shall include: A The terms of the Bonds to be issued;
B The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council; C (i) The amount of the payments in lieu of taxes; and ii The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the proposed project (or projects) were completed; D The public benets to be derived from the project (or projects) to be nanced by the Bonds and the likelihood that project (or projects) would be completed in the absence of the approval of the transaction; E If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of nancing a project which qualies under 1-204.90, the public benets to be derived from the use and the likelihood that project would be completed in the absence of the approval of the transaction;
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CONTENTS
F (i) Whether conventional, or alternative forms of, nancing are available; ii Whether best eorts have been made to secure conventional, or alternative forms of, nancing; and iii Why conventional, or alternative forms of, nancing is impracticable or undesirable; G If a project to be nanced by the Bonds (which, for the purposes of this paragraph, shall include an ownership interest in property which will benet from the project to be nanced by the Bonds) or other use is to be funded or nanced is to be operated or held for prot: i Whether the District will have an ownership interest or prots participation; and ii If the District will not have an ownership interest or prots participation, why an ownership interest or prots participation is impracticable or undesirable; and H A nancial analysis prepared by the Oce of the Chief Financial Ocer, which nancial analysis shall consist of the following: i A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed; ii The eect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and iii The eect of the PILOT Agreement on the budget and nancial plan. 2 If the Council does not approve or disapprove the transaction within the 60-day review period, the proposed resolution shall be deemed disapproved.
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3 If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new proposed resolution which complies with paragraph (1) of this subsection shall be submitted to the Council for approval in accordance with this section. b (1) The execution of the PILOT agreement, and any related agreements and documents, pursuant to 1-308.02(a)(1)(B) or (b) shall be subject to the approval of the Council by act. 2 The act shall include the following ndings: A The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council; B The terms of any other agreement or document, or any subsidy or assistance which will be provided, in connection with the PILOT agreement or proposed use; C (i) The amount of the payments in lieu of taxes; and ii The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the expenditures for the proposed use were made (and the proposed project (or projects) for which a subsidy or assistance will be received, if any, were completed); D The public benets to be derived from the proposed use (and any project (or projects) for which a subsidy or assistance will be received) and the likelihood that the proposed project would be completed (and the project (or projects) for which a subsidy or assistance will be received, if any, would be completed) in the absence of the approval of the transaction; E (i) Whether best eorts have been made to secure other means of achieving the proposed use; and ii Why the other means of achieving the proposed use is impracticable or undesirable;
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CONTENTS
F If a proposed use (which, for the purposes of this paragraph, shall an include an ownership interest in property which will benet from the proposed use (or a project for which a subsidy or assistance will be received, if any)) is to be operated or held for prot: i Whether the District will have an ownership interest or prots participation; and ii If the District will not have an ownership interest or prots participation, why an ownership interest or prots participation is impracticable or undesirable; and G A nancial analysis prepared by the Oce of the Chief Financial Ocer, which nancial analysis shall consist of the following: i A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed; ii The eect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and iii The eect of the PILOT Agreement on the budget and nancial plan. 3 If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new act which complies with paragraph (1) of this subsection shall be required to approve the transaction in accordance with this section.
0.1.357
PILOT agreements.
a (1)(A) Subject to approval by the Council under 1-308.03(a) or (b), the Mayor may enter into a PILOT agreement for the purpose of nancing the development costs of one or more projects which qualify under 1-204.90. Except as otherwise provided in the PILOT agreement, payments in lieu of taxes made pursuant to the PILOT agreement may be assigned or pledged in connection with the Bonds authorized to be issued under this part.
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B As an inducement to enter into the PILOT agreement, a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used in accordance with the terms of the PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements. 2 A PILOT agreement pursuant to this subsection shall include: A The description of the PILOT parcel;
B The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate; C The party who shall be obligated to make payments in lieu of taxes; D The requirement that payments in lieu of taxes shall be paid in accordance with the PILOT agreement; E The project (or projects) to be nanced with the proceeds of Bonds; F The terms and conditions of the issuance of the Bonds to nance the project (or projects) and the application of the Bond proceeds, including the conditions which must be satised prior to the issuance of the Bonds and the uses and application of the Bond proceeds; and G If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of nancing any project which qualies under 1-204.90: i The portion of payments in lieu of taxes which shall secure the Bonds;
ii The portion of payments in lieu of taxes shall be applied to the other use; and
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CONTENTS
iii The application of the portion of payments in lieu of taxes set forth in sub-subparagraph (ii) of this subparagraph. b (1) Subject to approval by the Council under 1-308.03(b), the Mayor may enter into a PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements. 2 A PILOT agreement pursuant to this subsection shall include: A The description of the PILOT parcel;
B The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate; C The party who shall be obligated to make the payments in lieu of taxes; D The requirement that the payments in lieu of taxes shall be paid in accordance with the PILOT agreement; and E The use for which the payments in lieu of taxes shall be applied, including a detailed delineation of the expenditures to be made. c Notwithstanding any of the provisions of this part, a PILOT agreement shall not result in a reduction of the total assessed value of real property subject to taxation under Chapter 8 of Title 47. d A PILOT Agreement shall be an encumbrance upon, and run with, the PILOT Parcel. A memorandum of the PILOT Agreement shall be recorded in the land records of the District.
0.1.358
Denitions.
For the purposes of this part, the term:
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1 Bonds means any bonds, notes, or other instruments issued by the District pursuant to 1-204.90 and secured by payments in lieu of taxes or other security authorized by this part. 2 Development costs means all costs and expenses relating to the development, redevelopment, purchase, acquisition, protection, nancing, construction, expansion, reconstruction, restoration, rehabilitation, renovation and repair, and the furnishing, equipping, and operating of a project, including: A The purchase or lease expense for land, structures, real or personal property, rights, rights-of-way, roads, franchises, easements, and interests acquired or used for, or in connection with, the project and costs of demolishing or removing buildings or structures on land so acquired; B Expenses incurred for utility lines, structures, or equipment charges; C Interest prior to, and during, construction, and for a period as may be necessary for the operation of a project; D Provisions for reserves for principal and interest for extensions, enlargements, additions, improvements, and extraordinary repairs and replacements; E Expenses incurred for architectural, engineering, energy eciency technology, design and consulting, nancial, and legal services; F Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments; G Costs and expenses associated with the conduct and preparation of specication and feasibility studies, plans, surveys, historic structure reports, and estimates of expenses and revenues; H Expenses necessary or incident to issuing Bonds and determining the feasibility and the scal impact of nancing the acquisition, construction, or development of a project; and
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CONTENTS
I The provision of a proper allowance for contingencies and initial working capital. 3 Home Rule Act means Chapter 2 of Title 1. 4 Owner means, with respect to the PILOT parcel, the owner of a fee simple or a possessory interest. 5 Payments in lieu of taxes or PILOT means payments made with respect to a PILOT parcel for a PILOT period in lieu of real property taxes. 6 PILOT agreement means a written agreement between the District and the owner of a PILOT parcel providing for payments in lieu of taxes for the purpose of nancing one or more projects or for other authorized uses as provided under this part. 7 PILOT parcel means a tax lot or lots (or a portion thereof) exempt from the payment of real property tax in accordance with the provisions of this part and 47-1002(29). 8 PILOT period means the period during which a PILOT parcel (or a portion thereof) will be exempt from the payment of real property tax.
0.1.359
Dissolution of the District of Columbia Free Clinic Captive Insurance Company.
The District of Columbia Free Clinic Captive Insurance Company, an instrumentality established by the District of Columbia Free Clinic Captive Insurance Company Establishment Emergency Act of 2007, eective October 3, 2007 (D.C. Act 17-113; 54 DCR 9977), is dissolved. All of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights), positions, personnel, and records, and the unexpended balances of appropriations, allocations, and other funds available or to be made available to it, are transferred to the Agency.
0.1.360
Rules.
The Mayor may issue rules to implement the provisions of this part.
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0.1.361
Oset of delinquent debt against District employee pay and against contractual obligations to District contractors.
a (1) The Central Collection Unit may collect delinquent debt from District employees by deducting delinquent debt from the biweekly pay of District employees, in an amount not to exceed 10 2 If a District employees wages are subject to a preexisting attachment or attachments, the Central Collection Unit shall not exercise its authority under paragraph (1) of this subsection until the preexisting attachments have been satised, in order of priority. b (1) The Central Collection Unit may collect delinquent debt from District contractors by deducting the delinquent debt from any amounts owed to a District contractor pursuant to a contractual obligation between the District and the contractor. 2 For the purposes of this subsection, the term: A Contractual obligation includes an obligation arising from a contract or a grant agreement described in subparagraph (B) of this paragraph that is entered into after September 20, 2012. B District contractor includes any person who receives payments from the District pursuant to a contract or a grant agreement that requires the grantee to perform services in consideration for the payment of the grant amount. c The Central Collection Unit may collect delinquent debts by osetting District tax refunds and District lottery winnings against delinquent debts owed to the District.
0.1.362
Reciprocal agreements.
The Central Collection Unit may enter into reciprocal agreements for the collection of delinquent debts with any state, local, or municipal government.
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CONTENTS
0.1.363
Suspension of licenses and permits.
a Each District agency that transfers and refers a delinquent debt of more than $100 to the Central Collection Unit for collection shall, within 5 days of the transfer and referral, suspend the granting or issuance of any District license or permit to the delinquent debtor. The suspension shall remain in eect until the Central Collection Unit noties the appropriate District agency that the delinquent debt has been satised. b Each District agency that suspends the granting or issuance of a District license or permit pursuant to this section shall provide written or electronic notice of the suspension to the Central Collection Unit within 5 days of the suspension. c The Central Collection Unit shall provide to all District agencies, within 10 days of the end of the preceding month, a list of the names of all persons currently subject to suspension of the granting or issuing of a District license or permit due to delinquent debt of more than $100.
0.1.364
Payment plans; discharge of delinquent debt; sale of delinquent debt; report to credit agencies.
a Subject to subsection (b) of this section, the Central Collection Unit, in its discretion, may: 1 Enter into payment plan agreements with persons for payment of delinquent debt; provided, that no payment plan shall exceed a term of 5 years; 2 Discharge as uncollectible a delinquent debt that is older than 10 years; 3 Settle a delinquent debt for less than the full amount owed; 4 Report delinquent debts to credit agencies; 5 Sell delinquent debt; and 6 Refer a delinquent debt to the Oce of the Attorney General for the District of Columbia for civil or administrative collection or enforcement actions.
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b The authority described in subsection (a) of this section shall become eective upon the issuance of an order by the Mayor delegating the Mayors authority, pursuant to 2-402 to 2-406, as is necessary to carry out the purposes of this subchapter.
0.1.365
Lien for delinquent debt.
a If a person liable to pay a delinquent debt neglects or refuses to pay the delinquent debt after demand by the Central Collection Unit, the amount, including any interest and any fees imposed for collection of the delinquent debt that may accrue, shall be a lien in favor of the District of Columbia upon all property (including rights to property), whether real or personal, belonging to the person, and shall have the same eect as a lien created by judgment. The lien shall attach to all real or personal property (including rights to property) belonging to, or acquired by, the person at any time during the period of the lien. b The lien imposed by subsection (a) of this section shall be deemed to have arisen on the 91st day after the debt became due and owing to the District and shall continue until the delinquent debt is satised or becomes unenforceable. c The lien imposed by subsection (a) of this section shall not be valid against a bona de purchaser for value, holder of a security interest, mechanics lien, or judgment lien creditor until the lien has been led with the Recorder of Deeds by the Central Collection Unit. d Upon transferring a delinquent debt to the Central Collection Unit, a transferring agencys authority to le a lien for that debt shall terminate.
0.1.366
Delinquent Debt Fund.
There is established within the General Fund of the District of Columbia a special nonlapsing fund known as the Delinquent Debt Fund (Fund). Funds allocated to the Central Collection Unit through the Districts annual Budget and Financial Plan, all delinquent debts collected by the Central Collection Unit, and all fees authorized by 1-350.03 shall be deposited into the Fund; provided, that any funds deposited in the Fund before the thencurrent scal year, including any interest earned on such funds before the
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CONTENTS
then-current scal year, the money remaining in the Fund after the payment of all costs and expenses accrued before the then-current scal year, less 10
0.1.367
Imposition of costs and fees.
a The Central Collection Unit may prescribe, impose, and collect fees from debtors to cover actual costs or expenses associated with the collection of delinquent debt. b In addition to the authority to impose and collect fees to cover actual costs or expenses associated with the collection of delinquent debt, the Central Collection Unit may prescribe and impose a fee to be paid by each person who tenders in payment of a nancial obligation owed to the District, including a tax, assessment, fee, citation, or charge, a check that is subsequently dishonored or not duly paid, or whose delinquent debt is transferred and referred to the Central Collection Unit for action. The amount of the fee shall be set by regulations established by the Central Collection Unit.
0.1.368
Responsibility of District agencies to transfer and refer delinquent debt to the Central Collection Unit for collection.
a Notwithstanding any other provision of law, regulation, or Mayors order, each District agency shall transfer and refer delinquent debts to the Central Collection Unit within 60 days after a nancial obligation owed by a person to the District becomes a delinquent debt. b A transfer and referral of a delinquent debt to the Central Collection Unit shall include all documentation and information relating to the delinquent debt, including: 1 Documents that verify the existence and amount of the delinquent debt; 2 The name and last known address of the delinquent debtor; and 3 Any notices issued to the delinquent debtor demanding payment.
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c The procedure for transfer and referral of delinquent debt by each District agency to the Central Collection Unit, including the format and means of delivery of the information, shall be established by the Central Collection Unit within 120 days of September 20, 2012.
0.1.369
Denitions.
For the purposes of this subchapter, the term: 1 Central Collection Unit means the Central Collection Unit established within the Oce of Finance and Treasury of the Oce of the Chief Financial Ocer to implement this subchapter. 2 Delinquent debt means any nancial obligation owed by a person to a District agency that remains unpaid more than 90 days after it was due; provided, that the term shall not include tax debts or child-support debts. 3 Delinquent Debt Fund or Fund means the Delinquent Debt Fund established by 1-350.04. 4 District agency means any District oce, department, or agency, including independent agencies, but not including the District of Columbia Water and Sewer Authority. 5 Person means any natural person, trust, corporation, limited liability corporation, partnership, limited liability partnership, or any other business organization.
0.1.370
Sunset.
This part shall expire upon the occurrence of any of the following: 1 The Congress or President of the United States unambiguously states, by means including legislation, executive order, or written certication from the President to Congress, that the government of Iran has ceased to pursue the capabilities to develop nuclear weapons and support international terrorism; 2 The United States revokes all sanctions imposed against the government of Iran; or
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CONTENTS
3 The Congress or President of the United States armatively and unambiguously declares, by means including legislation, executive order, or written certication from the President to Congress, that mandatory divestment of the type provided for in this part interferes with the conduct of United States foreign policy.
0.1.371
Liability.
Present, future, and former District of Columbia Retirement Board members and employees shall be indemnied by the District of Columbia from all claims and liability, including court costs and attorneys fees, because of any action taken pursuant to this part.
0.1.372
Reporting.
a The public fund shall send a report to each member of the District of Columbia Retirement Board, the Council, and the Mayor that includes the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List within 30 days after the list is created. The report shall be made available to the public. b Annually thereafter, the public fund shall send a publicly available report to the Council and the Mayor that includes: 1 All investments sold, redeemed, divested, or withdrawn in compliance with 1-336.03(a); 2 All prohibited investments under 1-336.03(b); 3 Any progress made under 1-336.03(e); 4 A list of all publicly-traded securities held directly by the public fund; and 5 A list of any investments held by the public fund that would have been divested under 1-336.03(a), but for 1-336.03(d), including a statement of the reasons why a sale or transfer of the investments is inconsistent with the duciary responsibilities of the District of Columbia Retirement Board, and the circumstances under which the District of Columbia Retirement Board anticipates that it will sell, transfer, or reduce the investments.
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0.1.373
Required actions.
a For each scrutinized company on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List: 1 (A)(i) For each company in which the public fund has direct holdings newly identied under 1-336.02, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund. ii The notice shall inform the company of the opportunity to clarify its Iran-related activities and encourage the company, within 90 days, to cease its scrutinized business activities or convert such activities to inactive business activities to avoid qualifying for divestment by the public fund. The notice shall be sent no later than 135 days after the company is placed on the list. B If, within 90 days after the public funds notice to a company pursuant to this paragraph, the company announces by public disclosure substantial action specic to Iran, the public fund may maintain its direct holdings, but the company shall remain on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pending completion of its cessation of scrutinized business activities. 2 (A) If, after 90 days following the public funds 1st notice to a company pursuant to paragraph (1) of this subsection, the company has not announced by public disclosure substantial action specic to Iran, or the public fund determines or becomes aware that the company continues to have scrutinized business activities, the public fund, within 8 months after the expiration of such 90-day period, shall sell, redeem, divest, or withdraw all publicly-traded securities of the company from the public funds direct holdings. B If the public fund determines or becomes aware that a company that ceased scrutinized business activities following engagement pursuant to paragraph (1) of this subsection has resumed such activities, the public fund shall: i Send a written notice to the company as required under paragraph (1)(A)(ii) of this subsection;
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CONTENTS
ii Add the company to the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and iii Sell, redeem, divest, or withdraw as may be required by subparagraph (A) of this paragraph. C The public fund shall monitor the scrutinized company that has announced by public disclosure substantial action specic to Iran. If, after one year, the public fund determines or becomes aware that the company has not implemented such substantial action, within 3 months after the expiration of such one-year period, the public fund shall sell, redeem, divest, or withdraw all publicly-traded securities of the company from the public funds direct holdings, and the company also shall be immediately reintroduced onto the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. b The public fund shall not acquire securities of companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. c Notwithstanding the provisions of this part, subsection (a)(2) of this section shall not apply to the public funds indirect holdings; provided, that the public fund shall submit letters to the managers of any managed investment funds containing companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List that they consider removing such companies from the fund or create a similar actively-managed fund having indirect holdings devoid of such companies. If the manager creates a similar fund without such securities or if such funds are created elsewhere, the District of Columbia Retirement Board shall determine within 6 months whether to replace all applicable investments with investments in the similar fund in an expedited time period consistent with prudent investing standards. For the purposes of this section, a private equity fund shall be deemed to be an actively-managed investment fund. d The District of Columbia Retirement Board shall comply with the requirements of this part only to the extent consistent with: 1 Its duciary duties under Chapters 7 and 9 of this title; and
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2 Section 5 of the Sudan Accountability and Divestment Act of 2007, approved December 31, 2007 (121 Stat. 2516; 50 U.S.C. 1701, note).
0.1.374
Identication of companies.
a Within 90 days after March 21, 2009, the public fund shall make its best eorts to identify all scrutinized companies in which the public fund has direct or indirect holdings. Such eorts shall include reviewing and relying, as appropriate in the public funds judgment, on publicly available information regarding companies that have invested more than $20 million in any given year since August 5, 1996, in Irans petroleum energy sector, including information provided by nonprot organizations, research rms, international organizations, and government entities. b On or before the 1st meeting of the public fund held 90 days after March 21, 2009, the public fund shall compile a list of all scrutinized companies entitled Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List. c The public fund shall update and make publicly available annually the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
0.1.375
Denitions.
For the purposes of this part, the term: 1 Company means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making prot. 2 Direct holdings in a company means all securities of the company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests. 3 Government of Iran means the government of Iran, its instrumentalities, and companies owned or controlled by the government of Iran.
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CONTENTS
4 Inactive business activities means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose. 5 Indirect holdings in a company means all securities of the company that are held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to the provisions of this part. 6 Iran means the Islamic Republic of Iran. 7 Petroleum resources means petroleum or natural gas. 8 Public fund means the assets of the District of Columbia Retirement Board. 9 Scrutinized business activities means business activities that have resulted in a company becoming a scrutinized company. 10 Scrutinized company means any company that, with actual knowledge, on or after August 5, 1996, has made an investment of $20 million or more in Irans petroleum sector which directly or signicantly contributes to the enhancement of Irans ability to develop the petroleum resources of Iran. 11 Substantial action specic to Iran means adopting, publicizing, and implementing a formal plan to cease scrutinized business activities within one year and to refrain from any such new business activities.
0.1.376
Enforcement.
The Mayor shall enforce this part and may bring such legal action as is necessary to do so.
0.1.377
Reinvestment in certain companies with Active Business Operations.
a (1) Notwithstanding anything herein to the contrary, the Public Fund shall be permitted to cease divesting from certain Scrutinized Companies
289
pursuant to 1-335.03(b) or reinvest in certain Scrutinized Companies from which it divested pursuant to 1-335.03(a) if clear and convincing evidence shows that the value for all assets under management by the Public Fund becomes equal to or less than 50 2 Cessation of divestment, reinvestment, or any subsequent ongoing investment authorized by this section shall be strictly limited to the minimum steps necessary to avoid the contingency set forth in paragraph (1) of this subsection. b For any cessation of divestment, reinvestment, or subsequent ongoing investment authorized by this section, the Public Fund shall provide a written report to the Council and the Mayor in advance of initial reinvestment, updated semiannually thereafter, as applicable, setting forth the reasons and justication, supported by clear and convincing evidence, for its decisions to cease divestment, reinvest, or remain invested in companies with Active Business Operations. c This section shall not apply to reinvestment in companies on the ground that they have ceased to have Active Business Operations.
0.1.378
Illustrations in annual reports prohibited unless authorized by Mayor.
Hereafter no department, board, oce, or agency of the government of the District of Columbia shall include any illustration in any annual report prepared by it unless such illustration be authorized under order or regulation approved by the Mayor of the District of Columbia.
0.1.379
Rules.
Within 120 days of September 20, 2012, the Chief Financial Ocer shall issue rules to implement the provisions of this subchapter.
0.1.380
Exemption from procurement and merit personnel laws.
The Agency shall not be subject to Unit A of Chapter 3 of Title 2 or Chapter 6 of this title.
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CONTENTS
0.1.381
Establishment of the Medical Liability Captive Trust Fund.
a There is established as a nonlapsing fund the Medical Liability Captive Trust Fund, which shall be used for the purposes set forth in subsection (b) of this section. All funds deposited in the Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to scal year limitation, subject to authorization by Congress. b The Fund shall be used solely to pay for the costs and expenses of the establishment, operation, and administration of the Agency, which costs and expenses shall include: 1 The hiring of a captive manager and other professionals to manage and administer the day-to-day operations of the Agency; 2 The hiring of sta, including a general counsel; 3 The administration of the day-to-day operations of the Agency; 4 The payment of claims and losses under policies of insurance to be issued by the Agency; 5 Reimbursement for reasonable expenses incurred by Advisory Council members in the necessary performance of their duties; and 6 The costs of the management, administration, and operation of the Fund. c There shall be deposited into the Fund:
1 All insurance premiums or other revenues which may be received by the Fund; 2 All funds received under 1-307.83(a)(10); and
291
3 An amount equal to the unobligated balance of amounts appropriated and allocated by section 2055(18) of the Fiscal Year 2007 Budget Support Act of 2006, eective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899). d The funds in the Fund may be invested in private securities and any other form of investment which is considered appropriate by the Commissioner and the Chief Financial Ocer. The Agency shall le each with the Commissioner and the Chief Financial Ocer a schedule of the proposed investments of the funds and any material changes thereto.
0.1.382
Coverage.
The Agency shall oer health centers medical malpractice insurance consistent with coverage oered in the market; provided, that any policy oered by the Agency shall state that the liability of the Agency shall be limited to the funds in the Medical Liability Captive Trust Fund. The coverage to be issued to the health centers shall be established by the Risk Ocer with the advice of the Advisory Council and subject to the approval of the Commissioner.
0.1.383
Liabilities of Risk Ocer, captive manager, and Advisory Council.
a The Risk Ocer, captive manager, and Advisory Council members shall not be liable for any obligations of the Agency. b The Risk Ocer, captive manager, and Advisory Council members shall not be liable, or shall any cause of action of any nature arise against them, for any act or omission related to the performance of their powers and duties under this part, unless the act or omission constitutes willful or wanton misconduct.
0.1.384
Annual report to the Mayor and Council.
a The Risk Ocer shall submit an annual report to the Mayor and the Council. b The report shall be led within 60 days of the Agency ling the annual report with the Commissioner under 1-307.86(b).
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CONTENTS
c The report shall summarize the activities of the Agency in the preceding calendar year, including the net earned premiums, health center enrollment in the Agency program, the expense of administration, and the paid and incurred losses.
0.1.385
Additional powers of Mayor, Council, and Director.
a Waiver of business license renewal fees for personnel of armed forces. The Council of the District of Columbia is authorized and empowered within its discretion, in accordance with such regulations as it may make, to provide for the waiver of payment by any person in the military service of the United States of any annual or other periodic fee required by law to be paid to the District of Columbia or to any District of Columbia board or commission as a condition to retaining or renewing any license or permit to engage in any business or calling or to practice any profession in the District of Columbia. b Bond requirements for certain businesses; amount; termination of suretys liability; notication by surety of payment on bond; insolvency of surety; action on bond; amount of recovery; certied copy of bond; license examination. (1) The Council of the District of Columbia is authorized and empowered within its discretion to make and modify, and the Mayor of the District of Columbia is authorized and empowered within his discretion to enforce, regulations requiring persons, rms, and corporations, other than utility companies, engaged within the District of Columbia in the business of plumbing or gas tting, or of installing, maintaining, or repairing heating, ventilating, air conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, xtures, appliances, or wiring, using or conducting electric current, to furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to 9305 of Title 31, United States Code, or by the Insurance Department of the District of Columbia to issue surety bonds in the District of Columbia which meet the statutory capital and surplus requirements or as otherwise determined by the Mayor to be appropriate and necessary in the amount for underwriting such bonds in an amount not exceeding $5,000, conditioned upon the performance in accordance with law and regulations in force in the District of Columbia of all such work undertaken by such person, rm, or corporation, and to keep the District of Columbia harmless from the consequences of any and
293
all acts performed by said person, rm, or corporation in connection with such business during the period covered by the said bond. 2 The surety on any such bond may terminate its liability under such bond by giving 30 days written notice thereof, served either personally or by registered mail, to the principal and to the Mayor; and upon giving such notice the surety shall be discharged from all liability under such bond for any act or omission of the principal occurring after the expiration of 30 days from the date of service of such notice. Unless on or before the expiration of such period the principal shall duly le a new bond in like amount and conditioned as the original in substitution of the bond so terminated, the license of the principal to engage in such business shall likewise terminate upon the expiration of such period. Upon making any payment on account of its bond, the surety shall immediately notify the Mayor. 3 In the event the surety becomes insolvent or a bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to 8 of Title 6, United States Code, or by the Insurance Department of the District of Columbia, to do business in the District of Columbia, the principal shall, within 10 days after notice thereof, given by the Mayor, duly le a new bond in like amount and conditioned as the original, and, if the principal shall fail to do so, the license of such principal shall terminate. If a recovery be had on any bond, the principal shall restore the bond to its original amount. 4 Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to such business shall have, in addition to his right of action against said person, rm, or corporation, a right to bring suit against the surety on said bond, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to such business: Provided, however, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished by any prior recovery or recoveries as the case may be. 5 The Mayor shall furnish to anyone applying therefor a certied copy of any such bond led with them upon payment of a fee to be xed by the
294
CONTENTS
Mayor therefor, and such certied copy shall be prima facie evidence in any court that such bond was duly executed and delivered by the person, rm, or corporation whose name appears therein. 6 The Council is further authorized to provide, in accordance with such regulations as it may prescribe, for the examination of the qualications and tness of all applicants for licenses to engage in any of the businesses herein enumerated by a board, consisting of not less than 2 persons who have been actively engaged in the District of Columbia for at least 5 years next preceding their appointment in the business for which license is sought (one of whom shall have been an owner or manager and one of whom shall have been an employee competent to superintend the performance of work) and not less than 1 ocial of the District of Columbia, appointed by the said Mayor: Provided, that nothing herein shall repeal existing law relating to the examination and licensing of master plumbers and gas tters. c Leasing powers. The Mayor of the District of Columbia is authorized and empowered within his discretion to rent any building or land belonging to the District of Columbia or under the jurisdiction of the Mayor, or any available space therein, whenever such building or land, or space therein, is not then required for the purpose for which it was acquired, and to rent any used personal property belonging to the District of Columbia which is not then needed for the purpose for which it was acquired: Provided, that nothing contained in this subsection shall have the eect of changing in any manner Public Law No. 732, 74th Congress, entitled An Act to authorize the operation of stands in federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes, approved June 20, 1936 (20 U.S.C. 107-107f). d Issuance of revocable permits for construction of tunnels, and laying of conduits and pipes. The Mayor of the District of Columbia is authorized and empowered within his discretion to grant revocable permits upon such terms, conditions, bonds, and rentals as the Mayor may impose for the construction of tunnels, and the laying of conduits and pipes in the alleys, streets, and avenues in the District of Columbia under the jurisdiction of the Mayor. e Suspension of ocers and employees. Except as otherwise provided, the Mayor of the District of Columbia is authorized and empowered within his
295
discretion to suspend, with or without pay, any ocer or employee appointed by him and, under such rules or regulations as he may prescribe, to delegate this power to any ocers or employees of the District of Columbia. f Name and rename highways, buildings, public places and property. The Council of the District of Columbia is authorized and empowered within its discretion to name or change the name of a highway, circle, bridge, building, park or other public place or property as provided in 9-204.01 through 9-204.09: 1 Repealed. 2 The name of any person shall embrace the given name or names as well as the surname of such person and shall be so noted on the records of the Council of the District of Columbia and ocial records led with the Surveyor of the District of Columbia. g Assess and collect fees for copies and transcripts of regulations, permits, certicates and records; disposition of moneys. The Mayor of the District of Columbia may x, assess, and collect fees for copies of orders, regulations, permits, certicates, and transcripts of records furnished by the District of Columbia, including, but not limited to, transcripts of records of births and deaths. Such fees shall not exceed the reasonably estimated cost of providing such copies, certicates, and transcripts, and shall be deposited into the General Fund of the District of Columbia government. h Penalties for violation of rules and regulations. The Council of the District of Columbia is authorized and empowered within its discretion, where not otherwise specically provided, to prescribe a penalty upon conviction of a violation of any rule or regulation authorized by 1-301.01 to 1- 301.05 and 1-301.21 by a ne of not more than $300 or imprisonment of not more than 90 days. i Purchase and sale of maps and publications; issuance without charge; delegation of authority; payment of cost. The Mayor of the District of Columbia is authorized and empowered within his or her discretion:
296
CONTENTS
1 To purchase and sell maps and to sell copies and subscriptions of the District of Columbia Statutes-at-Large, the District of Columbia Register, the District of Columbia Municipal Regulations, other government publications, and other data and information (government materials), including binders for material, at prices the Mayor or his or her designated agent determines to be necessary to approximate the cost of the material, including the cost of distribution. The Mayor shall not charge the Council of the District of Columbia for copies or subscriptions of government materials or any other rule, regulation, or document that has general applicability and legal eect which the Council needs to perform its legislative responsibilities. All receipts from the sale of such material shall be deposited in the General Fund of the District of Columbia; 2 To issue such material without charge, in the discretion of the Mayor, to ocers and employees of the governments of the United States and the District of Columbia, to states, territories, and possessions of the United States, local governmental units, and foreign governments; to institutions of research and learning; to applicants for, or holders of, particular licenses issued by the District of Columbia; and to any other person when it is determined by said Mayor or his designated agent or agents that it is in the best interest of the District of Columbia to furnish such material without charge; and to delegate to the heads of departments and agencies of the government of the District of Columbia the authority likewise to make the distribution authorized by this paragraph of such material as may be purchased by the departments and agencies. Material to be distributed under the authority of this paragraph shall be supplied to the District of Columbia department or agency proposing to make such distribution, only upon payment by the department or agency of the cost thereof. j Placement of orders with federal departments and agencies; payment of cost; obligations upon appropriations. The Director of the Oce of Contracting and Procurement is authorized and empowered in his discretion to place orders, if he determines it to be in the best interest of the District of Columbia, with any federal department, establishment, bureau, or oce for materials, supplies, equipment, work, or services of any kind that such federal agency may be in a position to supply or be equipped to render, by contract or otherwise, and shall pay promptly by check to such federal agency, upon its written request, either in advance or upon furnishing or performance thereof, all or part of the estimated or actual costs thereof as
297
determined by such department, establishment, bureau, or oce as may be requisitioned; but proper adjustments on the basis of the actual costs of the materials, supplies or equipment furnished or work or services performed, paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or oces concerned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors. j-1 (1) Placement of orders with the Washington Metropolitan Area Transit Authority Notwithstanding Chapter 3A of Title 2, the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section. 2 For the purposes of this subsection, the District Department of Transportation shall be an authorized delegate. k Placement of orders with departments, oces, or agencies of the District; payment of cost; obligations upon appropriations. (1) The Mayor may authorize the heads of District departments, oces, and agencies to place orders with any other department, oce, or agency of the District for materials, supplies, equipment, work, or services of any kind that the requisitioned department, oce, or agency may be in a position to supply or equipped to render; provided, that the Chief Financial Ocer shall submit quarterly to the Council and the Mayor the summary required by D.C. Ocial Code 47-355.05(e), along with all Memoranda of Understanding between District agencies involving an exchange of materials, supplies, equipment, work, or services of any kind. The department, oce, or agency placing any such orders shall either advance, subject to proper adjustment on the basis of actual cost, or reimburse, such department, oce or agency the actual cost of materials, supplies, or equipment furnished or work or services performed as determined by such department, oce, or agency as may be requisitioned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.
298 2 Repealed.
CONTENTS
l Leases or permits for use of public space over or under 9th Street Southwest. The Mayor of the District of Columbia is authorized and empowered in his discretion to enter into leases of, or to grant revocable permits for the use of, the public space over or under 9th Street Southwest in the District of Columbia to an extent not inconsistent with the use of such street by the general public for the purpose of travel, and in connection with any such lease or permit to impose such terms, including but not limited to the deposit of bond or other security, and to provide for the payment of such rents or fees as the Mayor may, in his discretion, determine to be necessary or desirable, but the Mayor shall, in connection with entering into a lease for, or granting a permit for, the use of public space over said Street in the District of Columbia, provide as a condition of any such lease or permit that such space shall not be used by the lessee or permittee in such manner as to deprive any real property not owned by such lessee or permittee of its easements of light, air, and access.
0.1.386
Appointment of contracting ocers; powers; approval of contracts over $3,000; void contracts; liquidated damage contracts. [Repealed] Powers and duties of Director of Department of Licenses, Investigation and Inspections; delegation of authority.
0.1.387
The Mayor of the District of Columbia may transfer to, impose upon, and vest in the Director of the Department of Licenses, Investigation and Inspections of the District of Columbia all or any of the duties imposed upon, and all or any of the powers, rights, and authority vested in, the Inspector of Buildings of the District of Columbia, the Inspector of Plumbing of the District of Columbia, and the Electrical Engineer of the District of Columbia, by any law, and the Mayor may authorize the said Director of the Department of Licenses, Investigation and Inspections to delegate any or all of such powers to the Chief Engineer of the District of Columbia and to the Chief of Inspection of the District of Columbia and to their respective deputies when acting for them.
299
0.1.388
Settlement for real estate acquired by purchase or condemnation.
The Mayor of the District of Columbia may, in his discretion and when he deems such action to be in the public interest, eect settlement with owners of real estate authorized to be acquired by purchase or condemnation for District of Columbia purposes, through such title company or companies in the District of Columbia as may be designated by the Mayor, and to pay from appropriations available for the acquisition of such real estate reasonable fees to cover the cost of the services rendered by such title company or companies.
0.1.389
Power conferred by tional.
1-301.01 to 1-301.04 as addi-
The power and authorities conferred by 1-301.01 to 1-301.04 are to be construed as in addition to and not by way of limitation of the powers now vested by law in the Mayor of the District of Columbia.
0.1.390
5b. Deadline for appointment of Inspector General.
a In general. Not later than 30 days after its members are appointed, the Mayor shall appoint the Inspector General of the District of Columbia pursuant to 1-301.115a(a)(1). b Transition rule. The term of service of the individual serving as the Inspector General under 1-301.115a(a) prior to the appointment of the Inspector General by the Authority under 1-301.115a(a)(1) shall expire upon the appointment of the Inspector General by the Authority.
0.1.391
8. Seller and third party liability.
a A Certied Service Provider shall be the agent of a seller, with whom the Certied Service Provider has contracted, for the collection and remittance of sales and use taxes. As the sellers agent, the Certied Service Provider shall be liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set forth in this section. A seller that contracts with a Certied Service Provider shall not be liable to the state for sales or use tax due on transactions processed by the Certied Service Provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller shall
300
CONTENTS
not be subject to audit on the transactions processed by the Certied Service Provider. A seller shall be subject to audit for transactions not processed by the Certied Service Provider. The member states acting jointly may perform a system check of the seller and review the sellers procedures to determine if the Certied Service Providers system is functioning properly and the extent to which the sellers transactions are being processed by the Certied Service Provider. b A person that provides a Certied Automated System shall be responsible for the proper functioning of that system and shall be liable to the state for underpayments of tax attributable to errors in the functioning of the Certied Automated System. A seller that uses a Certied Automated System remains responsible and shall be liable to the state for reporting and remitting tax. c A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system shall be liable for the failure of the system to meet the performance standard.
0.1.392
1. Chief Financial Ocer for the Department of Housing and Community Development.
a The Chief Financial Ocer shall appoint a chief nancial ocer for the Department of Housing and Community Development (Department), with the approval of the Director of the Department, to provide services solely to the Department. The chief nancial ocer for the Department shall not be the chief nancial ocer for any other executive branch oce or agency. The chief nancial ocer for the Department shall have signicant knowledge of, and experience with, programs the Department administers in conjunction with the United States Department of Housing and Urban Development. b The Chief Financial Ocer shall make the appointment under subsection (a) of this section at the earlier of the following: 1 When the Chief Financial Ocer conducts the reorganization of the Oce of Chief Financial Ocer; or 2 December 1, 2002.
301
0.1.393
1. Analysis of health care costs at Department of Corrections; plan to create Public Safety Overtime Bank.
In Fiscal Year 2003, the Chief Financial Ocer shall: 1 Analyze health care costs at the Department of Corrections and recommend alternatives based on the analysis; and 2 Develop a plan to create a Public Safety Overtime Bank that would fund and oversee overtime expenditures by the Metropolitan Police Department, Fire and Emergency Medical Services Department, and the Department of Corrections.
0.1.394
4. District of Columbia Auditor Legal Fund.
a There is established as a nonlapsing fund the District of Columbia Auditor Legal Fund (Fund), which shall be administered by the District of Columbia Auditor for the purpose of enforcing the District of Columbia Auditors subpoena power. b There shall be deposited into the Fund all fees awarded and expenses or costs reimbursed pursuant to 1-301.172(b) or (c), and any other funds required by law to be deposited into the Fund. c Funds deposited to the Fund shall be used for the purpose of subpoena enforcement against a District government agency or instrumentality challenging the District of Columbia Auditors subpoena authority. All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the purpose set forth in this section without regard to scal year limitation, subject to authorization by Congress.
0.1.395
4. Compliance review reporting requirements.
a The Unit shall submit to the Council, within 60 days of the end of each quarter, the quarterly reports of each agency required by 2-218.53 and the quarterly reports of each government corporation required by 2-218.50(f).
302 b The Unit shall submit to the Council the following:
CONTENTS
1 A summary of the information that each agency is required to submit pursuant to 2-218.53 and the information that each government corporation is required to submit pursuant to 2-218.50(f), in a format that shows the cumulative progress of each agencys or government corporations annual LSDBE contracting and procurement goals to date, and the actual dollar amount expended with each business enterprise for the current scal year; and 2 A list of all agencies and government corporations that have not submitted a report for that quarter with a detailed explanation of what actions were taken by the Department of Small and Local Business Development (Development) to eectuate compliance with the reporting requirement. 3 A summary of the information that each contractor is required by the Auditor, in a format as prescribed by the Auditor; and 4 A list of all contractors that have not submitted a report with a detailed explanation of what actions were taken by the Department to eectuate compliance with the reporting requirement.
0.1.396
1. Oce of the Deputy Mayor for Public Safety and Justice; establishment; authority.
a Pursuant to 1-204.04(b), the Council establishes the Oce of the Deputy Mayor for Public Safety and Justice (Oce), as a separate agency, subordinate to the Mayor, within the executive branch of the District of Columbia government, which shall be headed by the Deputy Mayor for Public Safety and Justice. b Except as provided in subsection (d) of this section, the Deputy Mayor for Public Safety and Justice shall be appointed to head the Oce pursuant to 1-523.01(a). c The Oce shall:
303
1 Be responsible for providing guidance and support to, and coordination of, public safety and of justice agencies within the District of Columbia government; 2 Ensure accountability through general oversight over public safety and justice agencies, as well as the programs under the jurisdiction of the Oce, including those listed in paragraph (5) of this subsection; 3 Promote, coordinate, and oversee collaborative eorts among District government agencies, and between District and federal government agencies, to ensure public safety and enhance the delivery of public-safety and justice services; 4 Serve as a liaison to federal government agencies associated with criminal justice or public-safety issues, in the coordination, planning, and implementation of public-safety and justice matters; and 5 (A) Oversee and provide administrative support for the: i ii iii iv v Access to Justice Initiative; Motor Vehicle Theft Prevention Commission; Corrections Information Council; Oce of Justice Grants Administration; and Oce of Victim Services.
B Funding for the programs listed in subparagraph (A) of this paragraph shall be specied by the annual Budget Request Act adopted by the Council. Nothing in this paragraph shall prevent the Oce from contributing administrative and other support to further the purpose of these programs. d Subsection (b) of this section shall not apply to the Deputy Mayor for Public Safety and Justice who is the incumbent head of the Oce on September 14, 2011.
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CONTENTS
0.1.397
Subpoena power.
a (1) The Mayor of the District of Columbia shall have the power to issue subpoenas to compel witnesses to appear and testify and/or to produce all books, records, papers, or documents in any investigation or examination of any municipal matter with respect to functions transferred to the Mayor by Reorganization Plan No. 3 of 1967 or by the District of Columbia Home Rule Act (Chapter 2 of this title): Provided, that witnesses other than those employed by the District of Columbia subpoenaed to appear before the Mayor shall be entitled to reasonable fees as established by regulations issued by the Mayor of the District of Columbia, but said fees need not be tendered said witnesses in advance of their appearing and testifying and/or producing books, records, papers, or documents. 2 For the purposes of this subsection, the term municipal matter means personnel matters concerning police ocers and reghters of the District of Columbia. b Any willful false swearing on the part of any witness before the Mayor of the District of Columbia as to any material fact shall be deemed perjury and shall be punished in the manner prescribed by law for such oense. c If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued pursuant to subsection (a) of this section, then, in that event, the Mayor of the District of Columbia may report that fact to the Superior Court of the District of Columbia or one of the judges thereof and said Court, or any judge thereof, is empowered to compel obedience to said subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that Court. d The Mayor of the District of Columbia is authorized to administer oaths to witnesses summoned in any investigation or examination as set out in subsection (a) of this section.
0.1.398
Administration of oaths.
The Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, and the members of the Council of the District of Columbia may administer oaths as part of their ocial responsibilities. No
305
fee shall be collected for the administration of such oaths, and the power to administer such oaths shall not be utilized for personal purposes.
0.1.399
Executive Secretary authorized to execute certain documents.
It shall be lawful for the Executive Secretary of the District of Columbia, or in his absence or upon his inability to act, such person as said Mayor may designate, when so directed by said Mayor, to execute in the name of the District of Columbia or of said Mayor, by attaching thereto his signature as such Secretary and axing when requisite the seal of said District, any deed, contract, pleading, lease, release, regulation, notice, or other paper, which prior to February 11, 1932, said Mayor was required to execute by subscribing thereto his signature: Provided, that prior to such signing, and sealing if requisite, said deed, contract, pleading, lease, release, regulation, notice, or other paper shall rst have been considered and approved by said Mayor, and evidence of such consideration and approval shall be reduced to writing and recorded in the minutes of said Mayor, which minutes shall thereafter be signed by said Mayor.
0.1.400
a
Denitions.
Council shall mean the Council of the District of Columbia.
b Legislative duties shall include the responsibilities of each member of the Council in the exercise of such members functions as a legislative representative, including but not limited to: Everything said, written or done during legislative sessions, meetings, or investigations of the Council or any committee of the Council, and everything said, written, or done in the process of drafting and publishing legislation and legislative reports. c Threatening letter or communication shall mean any letter or communication which reasonably indicates an earnest intention or determination to inict injury upon someone or something of value.
0.1.401
Legislative immunity.
For any speech or debate made in the course of their legislative duties, the members of the Council shall not be questioned in any other place.
306
CONTENTS
0.1.402
Obstruction of Council proceedings and investigations; penalty.
Whoever, corruptly or by threat or force, or by any threatening letter or communication, endeavors to inuence, intimidate, or impede any witness in any proceeding pending before the Council, or in connection with any inquiry or investigation being had by the Council, or any committee of the Council, or any joint committee of the Council; or whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testied to any matter pending therein; or whoever willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsies any documentary material which is the subject of a subpoena lawfully issued by the Council, or any committee of the Council; or whoever, corruptly, or by threats or force, or by any threatening letter or communication, inuences, obstructs, or impedes or endeavors to inuence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before the Council, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by the Council, or any committee of the Council, or any joint committee of the Council; shall be ned not more than $2,000 or imprisoned not more than 2 years, or both.
0.1.403
Independence established and recognized.
a The Council of the District of Columbia (Council) administratively establishes itself, as authorized in subchapter IV of Chapter 2 of this title, as an independent and coordinate branch of the District of Columbia government.
b The Council recognizes the principle of separation of powers in the structure of the District of Columbia government.
c The Council shall, following receipt of the report of the study committee established by 3, adopt such acts and resolutions to implement the organizational and administrative independence of the Council.
307
0.1.404
Independence of legislative branch information technology.
a No person, including an employee or contractor of the Oce of the Chief Technology Ocer, or individual employed by or acting on behalf of an ocial of the Executive branch of the District of Columbia government, shall monitor, access, review, intercept, obtain, use, or disclose to any person or entity a record or electronic communication of a legislative branch agency without the prior express written consent of the Chairman of the Council or the District of Columbia Auditor for their electronic communications. b For the purposes of this section and 1-301.44b the term:
1 Electronic communication means any transfer of signs, signals, writing, images, sounds, data, voice, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system, including electronic mail, telecommunications, and wireless or wired network communications. 2 Legislative branch agency means the Council of the District of Columbia and the District of Columbia Auditor. c Persons violating this section shall be subject to a ne of not more than $10,000 or imprisonment of not more than 5 years, or both; provided, that this section shall not apply to the contents of any communication that has been disclosed publicly by the legislative branch agency.
0.1.405
Legislative branch information technology acquisition.
a A legislative branch agency may invest in, acquire, use, and manage, independent of the Executive branch, information technology and telecommunications systems and resources, including hardware, software, and contract services. b A legislative branch agency may, independent of the Executive branch, establish, acquire, maintain, and manage electronic mail messaging systems and services, internet access services, and information technology security systems and services.
308
CONTENTS
0.1.406
Disclosure of information to the Council; District of Columbia Auditor; conditions on disclosure.
a Notwithstanding any other provision of law, no document or information that the following persons or entities have requested for the purpose of performing their ocial duties shall be withheld by a subordinate or independent agency, instrumentality, board, or commission, or by an ocial or employee thereof, based upon a statutory or regulatory provision restricting or prohibiting disclosure to the general public: 1 The Council; 2 A Council committee; 3 A member of the Council acting in an ocial capacity; 4 The District of Columbia Auditor; or 5 An employee of the Oce of the District of Columbia Auditor. b Documents or information obtained under subsection (a) of this section shall remain subject to the underlying statutory restrictions and shall not be disclosed to the public or any third party unless permitted by that statute. c Documents or information shall not be disclosed to the Council under subsection (a) of this section if: 1 A District statute expressly prohibits disclosure of the information to the Council; or 2 A federal law or regulation requires that the information be withheld from disclosure to the Council in such a manner that it leaves no discretion on the issue. d Disclosure of documents or information under subsection (a) of this section shall not constitute a waiver of any privilege or exemption that otherwise could lawfully be asserted by the District of Columbia to prevent disclosure to the general public or in a judicial or administrative proceeding.
309
0.1.407
Construction of terms set forth in acts and resolutions.
For the purposes of any act or resolution of the Council of the District of Columbia, unless specically provided otherwise: 1 Words importing the singular include and apply to several persons, parties, or things. 2 Words importing the plural include the singular. 3 With regard to resolutions, words importing 1 gender include and apply to the other gender as well. 4 Words used in the present tense include the future as well as the present. 5 The words person and whoever include corporations, companies, associations, rms, partnerships, societies, and joint stock companies, as well as individuals. 6 Ocer includes any person authorized by law to perform the duties of the oce. 7 Signature or subscription includes a mark when the person making it intended that mark as such. 8 Oath includes armation, and sworn includes armed. 9 Writing includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. 10 The words include and including mean includes, but not limited to and including, but not limited to. 11 Words such as stepparent, stepmother, stepfather, stepchild, stepsister, and stepbrother are used to indicate a category of a family step-relationship created when an individual who is a parent of a child:
310 A
CONTENTS Marries an individual who is not a parent of that child; or
B Becomes a domestic partner of an individual who is not a parent of that child by registering the domestic partnership pursuant to 32-702.
0.1.408
Enacting and resolving clauses in acts and resolutions; numbering of sections.
a Each act of the Council of the District of Columbia shall have an enacting clause only in the 1st section of each act and such enacting clause shall be in the following form: Be it enacted by the Council of the District of Columbia,. b Each resolution of the Council of the District of Columbia shall have a resolving clause in the following form: Resolved, by the Council of the District of Columbia,. c Each section of each act or resolution shall be numbered consecutively.
0.1.409
Denition of terms set forth in acts and resolutions.
For the purposes of any act or resolution of the Council of the District of Columbia, unless specically provided otherwise: 1 The term Council means the Council of the District of Columbia established under 1-204.01. 2 The term Mayor means the Mayor of the District of Columbia established under 1-204.21. 3 The term Act means an Act of the Congress. 4 The term act means an act of the Council. 5 The term District means the District of Columbia.
0.1.410
a
Fiscal impact statements.
Bills and resolutions.
311
1 In general. Notwithstanding any other law, except as provided in subsection (c) of this section, all permanent bills and resolutions shall be accompanied by a scal impact statement before nal adoption by the Council. 2 Contents. The scal impact statement shall include the estimate of the costs which will be incurred by the District as a result of the enactment of the measure in the current and each of the rst four scal years for which the act or resolution is in eect, together with a statement of the basis for such estimate. b Appropriations. Permanent and emergency acts which are accompanied by scal impact statements which reect unbudgeted costs, shall be subject to appropriations prior to becoming eective. c Applicability. Subsection (a) of this section shall not apply to emergency declaration, ceremonial, conrmation, and sense of the Council resolutions.
0.1.411
Ocial Seal.
The Council of the District of Columbia shall, by resolution, adopt an ocial seal, which shall be judicially noted.
0.1.412
Council record reproduction fees authorization.
Pursuant to 1-207.42, the Secretary to the Council of the District of Columbia may establish and collect reasonable fees for the reproduction of transcripts or transcriptions of legislative meetings, committee meetings, legislative hearings, investigative hearings, and any other records that are part of the Council of the District of Columbias ocial legislative les.
0.1.413
Submission of statement of impact of proposed acts on taxpayers.
The Mayor shall submit to the Council of the District of Columbia, simultaneously with any proposed revenue measure or proposed act, a detailed statement with supporting data concerning the direct and indirect impact of the measure or bill upon those taxpayers who will be directly or indirectly aected by the measure or act.
312
CONTENTS
0.1.414
District elements of comprehensive plan prepared; purposes.
0.1.415
Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specications; approval.
Recodied as 1-306.02
0.1.416
Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption.
0.1.417
Preserving and ensuring community input.
0.1.418
Publication of the Comprehensive Plan.
0.1.419
Review of building, construction, or public space permits.
0.1.420
Zoning conformity.
0.1.421
Abolition or consolidation of oces; reduction of employees; appointments to and removal from oce.
The Mayor of the District of Columbia is hereby authorized to abolish any oce, to consolidate 2 or more oces, reduce the number of employees, remove from oce, and make appointments to any oce under him authorized by law.
313
0.1.422
Taxes not to be anticipated by sale or hypothecation.
The Mayor of the District of Columbia shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences thereof.
0.1.423
Hack standsLocation.
The Mayor of the District of Columbia shall have power to locate the places where hacks shall stand and change them as often as the public interests require.
0.1.424 0.1.425 0.1.426
Hack standsAdjoining railroad stations;rates of charges. [Repealed] Rates for public vehicles to be xed by the Mayor. [Repealed] Authority to x certain licensing and registration fees.
The Mayor of the District of Columbia is authorized and empowered to x from time to time, in accordance with 1-301.75, the fees authorized to be charged by 3-1623, 3-1711, 3-2019, 3-2114, 3-2115, 3-2124, 3-2127, 3-2128, 3-2905, 3-2920, 3-2301.04, 3-2301.06, 3-2301.08, 3-2414, 3-2418, 3-2505, 32609, 3-2610, 47-2886.13, 3-2704, 47-2712, 47-2718 and 47-2843.
0.1.427
Increase or decrease of fees authorized in 1-301.74.
The Mayor of the District of Columbia may after public hearing increase or decrease the fees authorized to be charged by each of the sections listed in 1-301.74 to such amounts as may, in the judgment of the Mayor, be reasonably necessary to defray the approximate cost of administering each of said sections.
0.1.428
Power to grant pardons and respites; commissioning of ocers; execution of laws.
The Mayor of the District of Columbia may grant pardons and respites for oenses against the late corporation of Washington, the ordinances of Georgetown and the levy court, the laws enacted by the Legislative Assembly, and the police and building regulations of the District. He shall
314
CONTENTS
commission all ocers appointed under the laws of the District, and shall take care that the laws be faithfully executed.
0.1.429
Prohibition on Capital Funds for Operating Expenses.
The Mayor shall not expend any moneys borrowed for capital projects for operating expenses of the District of Columbia government.
0.1.430
Grants for planning and planning implementation purposes.
0.1.431
Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this 1-301.78.
0.1.432
Duties of the Attorney General for the District of Columbia.
a (1) The Attorney General for the District of Columbia (Attorney General) shall have charge and conduct of all law business of the said District and all suits instituted by and against the government thereof, and shall possess all powers aorded the Attorney General by the common and statutory law of the District and shall be responsible for upholding the public interest. The Attorney General shall have the power to control litigation and appeals, as well as the power to intervene in legal proceedings on behalf of this public interest. 2 The Attorney General shall furnish opinions in writing to the Mayor and the Council whenever requested to do so. All requests for opinions from agencies subordinate to the Mayor shall be transmitted through the Mayor. The Attorney General shall keep a record of requests, together with the opinions. Those opinions of the Attorney General issued pursuant to Reorganization Order No. 50 shall be compiled and published by the Attorney General on an annual basis. b The authority provided under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under common law.
315
0.1.433
Appointment of the Attorney General.
a Until such time as an Attorney General is elected under 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to 1-523.01. b The Attorney General shall:
1 Serve a 4-year term to coincide with the term for Mayor; and 2 Be eligible for reappointment by the Mayor with the advice and consent of the Council, and may serve in a holdover capacity at the expiration of his or her term pursuant to 1-523.01(c). c This section shall not apply to the incumbent Attorney General on May 27, 2010.
0.1.434
Minimum qualications and requirements for Attorney General.
a No person shall hold the position of Attorney General for the District of Columbia unless that person: 1 Is a registered qualied elector as dened in 1-1001.02(20); 2 Is a bona de resident of the District of Columbia; 3 Is a member in good standing of the bar of the District of Columbia; 4 Has been a member in good standing of the bar of the District of Columbia for at least 5 years prior to assuming the position of Attorney General; and 5 Has been actively engaged, for at least 5 of the 10 years immediately preceding the assumption of the position of Attorney General, as: A An attorney in the practice of law in the District of Columbia;
B A judge of a court in the District of Columbia;
316
CONTENTS
C A professor of law in a law school in the District of Columbia; or D An attorney employed in the District of Columbia by the United States or the District of Columbia. b The Attorney General shall devote full-time to the duties of the oce and shall not engage in the private practice of law and shall not perform any other duties while in oce that are inconsistent with the duties and responsibilities of Attorney General.
0.1.435
Forfeiture of the position of Attorney General.
The occurrence of any of the following shall result in automatic forfeiture of the position of Attorney General for the District of Columbia: 1 Failure to maintain the qualications required under 1-301.83(a); 2 Violation of the prohibition against the private practice of law as provided in 1-301.83(b); or 3 Conviction of a felony while in oce.
0.1.436
Attorney General salary.
a Except as provided in subsection (b) of this section, the Attorney General for the District of Columbia shall be paid at an annual rate equal to the rate of basic pay for level E5 on the Executive Schedule pursuant to 1-610.52. b An Attorney General for the District of Columbia elected under 1204.35 shall receive compensation equal to the Chairman of the Council of the District of Columbia as provided in 1-204.03(d).
0.1.437
Annual budget for the Oce of Attorney General.
a The Attorney General for the District of Columbia shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title, for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Oce of the Attorney General for the year. The Mayor shall make recommendations to the Council of the District of Columbia
317
based on said submissions for the Councils action pursuant to 1-204.46 and 1- 206.03(c). b Amounts appropriated for the Oce of the Attorney General shall be available solely for the operation of the oce, and shall be paid to the Attorney General by the Mayor (acting through the Chief Financial Ocer of the District of Columbia) in such installments and at such times as the Attorney General requires.
0.1.438
Contingency fee contracts.
a (1) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in claims and other legal matters aecting the interests of the District of Columbia. 2 (A) Subject to subparagraph (B) of this paragraph, each contract shall include the terms and conditions the Attorney General considers necessary or appropriate, including a provision specifying the amount of any fee to be paid to the private counsel under the contract or the method for calculating that fee. B The amount of the fee payable for legal services furnished under any such contract shall not exceed the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services, as determined by the Attorney General. b Notwithstanding any provision of federal or District of Columbia law, a contract entered into by the District of Columbia pursuant to this section may provide that costs, expenses, and fees that the private counsel charges for legal services are payable from the amount recovered. In such circumstances, the costs, expenses, and fees need not be included in an amount provided in an appropriations law.
0.1.439
Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General.
a The Attorney General shall appoint a Chief Deputy Attorney General who shall meet the qualications of 1-301.83. The Chief Deputy Attorney General shall serve under the direction and control of the Attorney General
318
CONTENTS
and shall perform such duties as may be assigned to him or her by the Attorney General. b (1) The Deputy Attorneys General and Assistant Attorneys General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to them by the Attorney General. 2 A Deputy Attorney General shall be a resident of the District of Columbia within 180 days of his or her appointment.
0.1.440
Authority to administer oaths.
The Attorney General, Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General are authorized to administer oaths and armations in the discharge of their ocial duties within the District of Columbia.
0.1.441
Appointment of special counsel.
a Except as provided in subsection (b) of this section, if the Attorney General determines that his or her duty to represent the public interest in a particular matter may prevent him or her from adequately representing the government, an agency, or an ocial, the Attorney General shall notify the Mayor of this circumstance and the Mayor shall appoint special counsel to represent the government, an agency, or an ocial for the matter. b If the Attorney General determines that he or she is unable to provide adequate representation pursuant to subsection (a) of this section in a matter in which the Mayor is expected to be adverse to the special counsel, the Attorney General shall notify the Chief Judge of the District of Columbia Court of Appeals, who shall appoint the special counsel for the matter.
0.1.442
Authority to issue subpoenas for the production of documents.
a Except as provided in subsection (c) of this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents concerning criminal and delinquent oenses that the Attorney General has the authority to prosecute. The power to issue subpoenas under this section shall not be delegated other than to the
319
Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General. b Subpoenas issued pursuant to subsection (a) of this section shall contain the following: 1 The name of the person from whom documents are requested; 2 The person at the Oce of the Attorney General to whom the documents shall be provided, and the date and time by which they must be provided; 3 A detailed list of the specic documents requested; 4 A short, plain statement of the recipients rights and the procedure for enforcing and contesting the subpoena; and 5 The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request and certifying that the documents sought are not available by other means as dened in subsection (c)(2) of this section. c (1) The Attorney General shall not have the authority to issue a subpoena if: A An indictment, information, or petition has been led with the court formally charging the target of the investigation; B Three business days have elapsed since the underlying oense was committed; or C Other means are available to obtain the documents sought in the subpoena. 2 For the purposes of paragraph (1)(C) of this subsection, documents shall be deemed available by other means if: A The documents may be sought by means of a grand jury subpoena and are being sought during business hours on a business day;
320
CONTENTS
B The documents have been unsuccessfully sought by means of a grand jury subpoena; C The documents may be sought, or have been unsuccessfully sought, by means of a search warrant for information falling within the categories listed in 23-521(d); or D Consent has not been sought for the release of the documents, unless a determination has been made that requesting such consent would threaten or impede the investigation. d Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including: 1 The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena; 2 The Attorney General lacked the authority to issue the subpoena under subsection (c) of this section; or 3 Any other grounds that exist under statute or common law for the quashing or modication of a subpoena. e (1) The Attorney General shall maintain a log of all requests for subpoenas made pursuant to this section that shall include the following: A The name of the person who initiated the subpoena request;
B The name of the persons who reviewed and acted on the request; C A written statement justifying the subpoena request; and D A written statement explaining why the subpoena request was approved or denied.
321
2 The log produced pursuant to this subsection shall be exempt from disclosure pursuant to 2-534 as investigatory records that are compiled for law-enforcement purposes, but shall be made available for inspection by the Council upon request. f The Attorney General shall submit to the Council a quarterly report listing the number of subpoenas requested and issued under this section. The report shall include the following: 1 The oenses being investigated; 2 Whether the subpoenas were complied with or challenged; 3 Whether formal charges were led; and 4 The circumstances that precluded using a grand jury subpoena, search warrant, or other means as provided under subsection (c) of this section to obtain this information.
0.1.443
Inability to carry out duties as Attorney General.
a (1) If the Attorney General for the District of Columbia is temporarily unable or unavailable to carry out the duties of the oce, the Chief Deputy Attorney General shall serve as acting Attorney General as of the date that notice of such disability or unavailability is provided under paragraph (2) of this subsection and until the date that notice of resolution of the disability is provided under paragraph (3) of this subsection. 2 Upon determining that he or she is temporarily unable or unavailable to carry out the duties of the oce, the Attorney General shall provide written notice of the disability to the Chief Deputy Attorney General. If the Attorney General is incapable of providing the notice, the Mayor shall provide the notice. 3 Upon determining that the disability or unavailability under paragraph (1) of this subsection has been resolved, the Attorney General shall provide written notice to the acting Attorney General that the Attorney General is able to carry out the duties of the oce. The Attorney General shall reassume the position as of the date of the written notice.
322
CONTENTS
b This section shall apply upon the election of an Attorney General for the District of Columbia pursuant to 1-204.35.
0.1.444
Leasing authority.
a The Director of the Oce of Contracting and Procurement is authorized to enter into lease agreements with any person, copartnership, corporation, or other entity, which do not bind the government of the District of Columbia for periods in excess of 20 years for each such lease agreement, on such terms and conditions, including, without limitation, lease-purchase, as he deems to be in the interest of the District of Columbia and necessary for the accommodation of District of Columbia agencies and activities in buildings or other improvements which are in existence or are to be constructed by the lessor for such purposes, or on unimproved real property. b c d Repealed. Repealed. Repealed.
d-1 Repealed. e The estimated maximum cost of any project approved pursuant to this section may be increased by an amount equal to the increase, if any, as determined by the Director of the Oce of Contracting and Procurement, in construction or alteration costs, from the date of transmittal of the prospectus to the Council, not to exceed 10 f Repealed. g The Director of the Oce of Contracting and Procurement shall not make any agreement or undertake any commitment that will result in the construction of any building that is to be constructed for lease to, and for predominant use by, the District until the Director of the Oce of Contracting and Procurement has established detailed specication requirements for the building and unless the proposal is consistent with the Public Facilities Plan.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) h Repealed.
323
h-1 The Director of the Oce of Contracting and Procurement may acquire a new leasehold interest in any building that is proposed to be leased for the predominant use of rentable space by, or constructed for lease to and for predominant use of rentable space by the District government without regard to 2-303.03 and 2-303.04; provided that such leasehold interest is acquired pursuant to a lease negotiated on behalf of the District by a duly licensed commercial real estate broker pursuant to a tenant representative services contract then in eect between the District and the broker. i The Director of the Oce of Contracting and Procurement shall inspect every building to be constructed for lease to, and for predominant use by, the District government during the construction of the building in order to determine compliance with the specications established for the building. Upon the completion of the building, the Director of the Oce of Contracting and Procurement shall evaluate the building to determine the extent, if any, of failure to comply with the specications for the building. The Director of the Oce of Contracting and Procurement shall ensure that any contract entered into for a leasehold interest in a building shall contain a provision that permits a reduction in rent during any period that the building is not in compliance with the specications for the building.
0.1.445
Use of exchange allowances or sale proceeds to purchase similar items.
In purchasing motor-propelled or animal-drawn vehicles or tractors, or road, agricultural, manufacturing, or laboratory equipment, or boats, or parts, accessories, tires, or equipment thereof, the Director of the Oce of Contracting and Procurement or his duly authorized representatives may exchange or sell similar items and apply the exchange allowances or proceeds of sales in such cases in whole or in part payment therefor.
0.1.446
Police regulations.
The Council of the District of Columbia is hereby authorized and empowered to make and modify, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, usual and reasonable police regulations in and for said District as follows:
324
CONTENTS
1 For causing full inspection to be made, at any reasonable times, of the places where the business of pawnbroking, junk-dealing, or second-hand clothing business may be carried on. 2 To regulate the storage of highly inammable substances in the thickly populated portions of the District. 3 Repealed. 4 To establish and regulate the charges to be made by owners of hacks and hackney carriages of any kind whatsoever. 5 To prohibit conducting droves of animals upon such streets and avenues as it may deem needful to public safety and good order. 6 To regulate the keeping of dogs and fowls. 7 To prohibit the deposit upon the street or sidewalks of fruit, or any part thereof, or other substance or articles that might litter the same, or cause injury to or impede pedestrians. 8 To regulate or prohibit loud noises with horns, gongs, or other instruments, or loud cries, upon the streets or public places, and to prohibit the use of any reworks or explosives within such portions of the District as it may think necessary to public safety. 9 To prescribe reasonable penalties, including civil penalties, for the infraction of the regulations mentioned in 1-303.01 and 1-303.02. The penalties may be enforced in any court or administrative tribunal of the District of Columbia having jurisdiction of minor oenses or civil infractions, and in the same manner that minor oenses or civil infractions are by law prosecuted or adjudicated and punished.
0.1.447
Publication of regulations; eective date.
The regulations provided for in 1-303.01 and adopted prior to October 21, 1968, shall be printed in 1 or more of the daily newspapers published in the District of Columbia; and no penalty prescribed for the violation of said regulations shall be enforced until 30 days after such publication.
325
0.1.448
Regulations for protection of life, health, and property.
The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such reasonable and usual police regulations in addition to those already made under 1-303.01 and 1-303.02, as the Council may deem necessary for the protection of lives, limbs, health, comfort, and quiet of all persons and the protection of all property within the District of Columbia.
0.1.449
Building regulations.
a The Council of the District of Columbia is authorized and directed to make and the Mayor of the District of Columbia is authorized and directed to enforce such building regulations for the said District as the Council may deem advisable. b Such rules and regulations made as above provided shall have the same force and eect within the District of Columbia as if enacted by Congress.
0.1.450
Additional penalties for violation of regulations.
The Council of the District of Columbia is hereby authorized to prescribe reasonable penalties of a ne not to exceed $300 or imprisonment not to exceed 10 days, in lieu of or in addition to any ne, or to prescribe civil nes or other civil sanctions for the violation of any building regulation promulgated under authority of 1-303.04, and any regulation promulgated under authority of 1-303.01, and any regulation promulgated under authority of 1-303.03.
0.1.451
Regulations.
The Council of the District of Columbia is authorized and empowered after public hearings to make, and the Mayor of the District of Columbia is authorized and empowered to enforce, such regulations as the Council may deem advisable to (insofar as necessary to promote the public health, safety, morals, and welfare) control, restrict, and govern the erection, hanging, placing, painting, display, and maintenance of all outdoor signs and other forms of exterior advertising on public ways and public space under the Mayors control and on private property within public view within the
326
CONTENTS
District of Columbia, and such regulations as may be promulgated hereunder shall have the force and eect of law.
0.1.452
License required; fee.
a No person, persons, rm, or corporation shall engage in the business of erecting, hanging, placing, painting, displaying, or maintaining any sign for outdoor display within the District of Columbia without rst having obtained a license therefor from the Superintendent of Licenses of the District of Columbia, which license shall bear an identication number; provided, that no license shall issue without the prepayment of $14 to the District of Columbia Treasurer, and a fee of $28, paid biennially. For good cause shown the Mayor of the District of Columbia shall have the power to reject any application for a license hereunder, or, where license has been issued, to revoke it, or, upon determination of liability therefor, to impose civil nes pursuant to Chapter 18 of Title 2. b Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 of the District of Columbia Code.
0.1.453
Penalties; publication of regulations.
a Any person, persons, rm, or corporation, whether as principal, agent, or employee, violating 1-303.21 to 1-303.23 or any of the regulations promulgated pursuant to said sections shall, upon conviction thereof in the Superior Court of the District of Columbia, be ned not less than $5 nor more than $200 for each and every oense, and a like ne shall be imposed for each and every day thereafter that such violation of law shall continue: Provided, that the regulations promulgated hereunder shall be printed in one of the daily newspapers published in the District of Columbia, and no penalty prescribed for the violation of said regulations shall be enforced until 30 days after the publication of such regulations. b Civil nes, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of 1-303.21 to 1-303.23, or any rules or regulations issued under the authority of 1-303.21 to 1- 303.23, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of 1-303.21 to 1-303.23 shall be pursuant to Chapter 18 of Title 2.
327
0.1.454
Regulations for the keeping, leashing, and running at large of dogs.
The Council of the District of Columbia is hereby authorized and empowered to make and modify, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, regulations in and for the District of Columbia to regulate the keeping and leashing of dogs and to regulate or prohibit the running at large of dogs, including penalties for violations of such regulations as provided in 1-303.05.
0.1.455
Expenditures for emergencies.
When required by the public exigencies to meet conditions caused by emergencies such as riot, pestilence, public insanitary conditions, ood, re, storm, and similar disasters, the Mayor of the District of Columbia, pursuant to regulations prescribed by the Council of the District of Columbia, is authorized to expend such amounts as may be necessary without regard to advertising provisions of 2-225.05.
0.1.456
Regulations relative to rearms, explosives, and weapons.
The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such usual and reasonable police regulations, in addition to those already made under 1-303.01 to 1-303.03 as the Council may deem necessary for the regulation of rearms, projectiles, explosives, or weapons of any kind in the District of Columbia.
0.1.457
Regulations for construction, repair, and operation of elevators.
a The Council of the District of Columbia is hereby authorized and directed to make and publish such orders as may be necessary to regulate the construction, repair, and operation of all elevators within the District of Columbia, and prescribe such means of security as may be found necessary to protect life and limb. b Any person or persons, or corporation, who shall neglect or refuse to comply with the orders made pursuant to this section shall, upon conviction thereof in the Superior Court of the District of Columbia, on information
328
CONTENTS
led in the name of the District of Columbia, be ned not less than $10 nor more than $100 for each oense. c Civil nes, penalties, and fees may be imposed as alternative sanctions for any infraction of the orders made pursuant to this section in accordance with Chapter 18 of Title 2. Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2.
0.1.458
Cleaning streets, alleys, and avenues; maintenance of sewers.
The sweeping, cleaning, and removing all refuse and lthy accumulations in the streets, alleys, and avenues of the City of Washington, and the repairs and cleaning of the sewers, are necessary municipal objects, which belong to the current expenses of the same, to be paid for in money as other ordinary municipal expenses.
0.1.459
Sale of street sweepings authorized.
The Mayor of the District of Columbia is authorized to sell sweepings from the streets, the amounts realized from such sales to be deposited in the treasury, to the credit of the General Fund of the District of Columbia.
0.1.460
Maintenance of lights outside city limits.
The Mayor of the District of Columbia shall have power to erect light, and maintain lamp posts, with lamps, outside of the city limits, when, in his judgment, it shall be deemed proper or necessary.
0.1.461
a
District elements of comprehensive plan prepared; purposes.
It is hereby declared that:
1 The District of Columbia has prepared, through an exhaustive process of research, analysis, and review, including citizen involvement and consultation with aected federal, state and local governments, and planning agencies in the National Capital region, District elements of a 20-year Comprehensive Plan for the National Capital as required by 2-1002(a) and by 1-204.23(a).
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2 Ten District elements of the Comprehensive Plan for the National Capital are contained in this part: General Provisions; Economic Development; Housing; Environmental Protection; Transportation; Public Facilities; Urban Design; Preservation and Historic Features; Downtown; and Human Services. 3 The District elements of the Comprehensive Plan for the National Capital contained in this part do not extend to any federal or international projects and developments, or to the United States Capitol buildings and grounds, or to any buildings and grounds under the care of the Architect of the Capitol. b The purposes of the District elements of the Comprehensive Plan for the National Capital are to: 1 Dene the requirements and aspirations of District residents, and accordingly inuence social, economic and physical development; 2 Guide executive and legislative decisions on matters aecting the District and its citizens; 3 Promote economic growth and jobs for District residents; 4 Guide private and public development in order to achieve District and community goals; 5 Maintain and enhance the natural and architectural assets of the District; and 6 Assist in the conservation, stabilization, and improvement of each neighborhood and community in the District.
0.1.462
Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specications; approval.
a The Mayor of the District of Columbia shall transmit to the Council of the District of Columbia, on or before the date of the 1st regularly scheduled legislative session in September 1984, a proposed District Land Use Element
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CONTENTS
for inclusion in the Comprehensive Plan for the National Capital and a generalized land use map or a series of maps, which includes a generalized land use map, representing the land use policies set forth in the proposed Land Use Element. At the time of the submission to the Council of the District of Columbia of the proposed Land Use Element and the generalized land use map representing the land use policies set forth in that element, proposed amendments to the rest of this part shall be submitted to the Council of the District of Columbia to conform the language in this part to ensure consistency with the Land Use Element and with the generalized land use map. b The Mayor shall transmit 4 generalized land use maps to the Council within 90 days of May 23, 1990. The maps transmitted under this subsection shall conform to the requirements of sections 1136(a) through (h) of title 11 of section 3 of this part (Land Use Element of the Comprehensive Plan), be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, and include a street grid and other minor changes in format or design intended to improve the readability or understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this subsection conform to the maps adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this subsection conforms to a map adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution. c The Mayor shall transmit 2 generalized land use maps to the Council within 180 days of April 27, 1999. The maps transmitted under this section shall conform to the requirements of section 1139 of Chapter 11 (the Land Use Element) of the Comprehensive Plan, be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, indicate generalized land use policies, and include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under section 1139 of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this section conforms to a map adopted under section 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution. If the Council determines
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that a map transmitted under this section requires corrections to conform with a map adopted under section 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution, with conditions identifying the required corrections, and the Mayor shall publish a new map with the required corrections. d (1) The Mayor shall transmit 2 generalized maps a Future Land Use Map and a Generalized Policy Map to the Council within 90 days after March 8, 2007. 2 The maps transmitted under this section shall: A Conform to the requirements of sections 223 and 224 of Chapter 200 (the Framework Element) of the Comprehensive Plan; B Be printed at a scale of 1,500 feet to 1 inch; C Use standardized colors for planning maps; D Indicate generalized land use policies; and
E Include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies. 3 (A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under sections 223 and 224 of the Framework Element of the Comprehensive Plan, as required by paragraph 2 of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution. B If the Council determines that a map transmitted under this section does not conform as required by paragraph 2 of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
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CONTENTS
e (1) The Mayor shall transmit 2 generalized maps a Future Land Use Map and a Generalized Policy Map to the Council within 90 days of April 8, 2011. 2 The maps transmitted under this section shall: A Incorporate the map amendments enacted in sections 101(u) and (v) of D.C. Law 18-361; B Conform to the requirements of sections 223 through 226 of Chapter 200 (the Framework Element) of the Comprehensive Plan; C Be printed at a scale of 1,500 feet to 1 inch; D Use standardized colors for planning maps;
E Indicate generalized land use policies; and F Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies. 3 (A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph 2 of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution. B If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph 2 of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
0.1.463
a b
Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption.
Repealed. Repealed.
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c (1) The Mayor shall prepare proposed small area action plans for selected geographical areas that require more specic land use analysis to incorporate the broadest range of planning techniques and solutions practical to achieve the Districts goals and objectives. The proposed small area action plans may include specic zoning recommendations, capital improvements requirements, nancing strategies, special tax, design, or other regulatory recommendations, and implementation techniques necessary for the realization of objectives and policies of the Comprehensive Plan. 2 The Mayor shall make copies of each proposed small area action plan available to each aected Advisory Neighborhood Commission and make ample copies of each proposed small area plan available to the Council and the public. Each proposed small area action plan shall include small area maps that depict land use policies at the small area level that are not inconsistent with the adopted generalized District-wide land use maps or approved ward plans. 3 The Mayor shall hold a public hearing on each proposed small area action plan in the appropriate area, not less than 30 days after the publication of the proposed small area action plan and not more than 90 days after the publication of the proposed small area action plan. 4 Not more than 60 days after the completion of the public hearing required by this subsection, the Mayor shall transmit the revised small area action plan to the Council, with a proposed resolution, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The transmission shall include copies of the Mayors public hearing records, and an executive summary that identies the dierences, and the rationale for the dierences, between the revised small area action plan and the proposed small area action plan that had been the subject of a public hearing. If the Council does not approve or disapprove the revised small area action plan, in whole or in part, by resolution within this 45-day review period, the revised small area plan shall be deemed approved. Once approved, the small area action plan shall provide supplemental guidance to the Zoning Commission and other District agencies in carrying out the policies of the Comprehensive Plan. 5 Small area action plans shall be prepared for selected geographical areas, including, but not limited to, the following areas:
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CONTENTS
A Each of the special treatment areas, housing opportunity areas, and development opportunity areas that are designated on the enacted Districtwide generalized land use maps to implement the policies established for these areas in the Land Use Element of the Comprehensive Plan; B The Mount Pleasant area, after studying the following proposed policies for this area: i Support creative and multicultural expression through displays, performances, and festivals; ii Maintain and enhance the character of the neighborhood by encouraging creative cultural design (including special-merit design) while protecting historical landmarks; iii Promote additional low-income and moderate-income housing; iv Encourage small-business incubators and plazas for licensed market vendors in order to increase business opportunities for residents; and v Support low-impact mixed-use of residential space for multicultural arts, crafts, and other professional and consulting services; C The Southwest Urban Renewal Area and other urban renewal areas to ensure that appropriate zoning plans for these areas continue to be developed in consultation with aected citizens, which shall be implemented in phases immediately upon the termination of the various sections of the urban renewal plans; and D The Capitol Hill business district, the Eastern Market metrorail station area, and the Potomac Avenue metrorail station area, to implement policies for these areas set forth in the Ward 6 Plan.
0.1.464
Preserving and ensuring community input.
a Continuous community input into every phase of development of titles I through XII of section 3 (the Comprehensive Plan), from conception to adoption to implementation, is essential to assure that the Comprehensive
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Plan in all its elements is the valid expression of District residents, property owners, commercial interests, and other groups and individuals in the District. A variety of means to secure community input should be utilized, including advisory and technical committees, community workshops, review of draft texts, public forums and hearings, and other means of discussion and communication. The District government, through its executive and legislative branches, will strive to ensure that the Comprehensive Plan, in all its elements, is both responsive and responsible. b Community input into the implementation of the District elements of the Comprehensive Plan will be assured by the requirement of a periodic review. Not less frequently than once every 4 years, beginning March 31, 2000, the Mayor shall submit to the Council a report, accompanied by a proposed resolution, on the progress made by the government of the District of Columbia in implementing the District elements of the Comprehensive Plan. The Council shall schedule a public hearing on the progress report and, following each review period, submit to the Mayor the ndings of the Council and a copy of the public testimony on the progress report. c Each progress report shall indicate the progress made in implementing Comprehensive Plan Actions during the reporting period and the key projected implementation activities by land use policy for the next 5 years. d The Mayor shall submit periodically to the Council for its consideration proposed amendments to the Comprehensive Plan. Such amendments shall be submitted not less frequently than once every 4 years, beginning March 31, 2002, and shall be accompanied by an environmental assessment of the proposed amendments. Proposed amendments may also be submitted by the Mayor to the Council at any other time that the Mayor determines to be necessary. e The process for executive branch consideration of proposed amendments to the Comprehensive Plan initiated by District agencies or the public shall include: 1 Standards for appropriateness; 2 A format and deadline for submission of amendments;
336 3 Public meetings to be held by the executive;
CONTENTS
4 A mechanism for public review of all proposed amendment submissions; 5 A mechanism for public review of the Mayors proposed amendments; and 6 Submission by the Mayor to the Council of proposed amendments to the Comprehensive Plan.
0.1.465
Publication of the Comprehensive Plan.
a Within 90 days of March 8, 2007, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. b The Comprehensive Plan shall be consolidated by the District of Columbia Oce of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Oce of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Oce of Documents publication standards. c Within 90 days of April 8, 2011, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. The Comprehensive Plan shall be consolidated by the District of Columbia Oce of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Oce of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Oce of Documents publication standards.
0.1.466
Review of building, construction, or public space permits.
a The Mayor shall, in the course of the interagency review of a development project that is subject to the Large Tract Review Procedures of the Oce of Planning (10 DCMR 2300 et seq.), consider whether the issuance of a building or construction permit is inconsistent with the Land Use Element of the Comprehensive Plan. If the Mayor nds that the issuance of a permit is inconsistent with the Land Use Element of the Comprehensive Plan, but consistent with zoning, the Mayor shall defer issuance of the permit, and
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within 60 days, propose amendments to the zoning regulations or maps to eliminate the inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan. Nothing in this subsection shall be construed to permit the issuance of a building or construction permit that is inconsistent with zoning. The government issuance of public space permits shall also not be inconsistent with the Comprehensive Plan.
b If the Mayor nds that the issuance of any building or construction permit, which is not subject to subsection (a) of this section solely because of insucient commercial square footage, would be inconsistent with the Land Use Element of the Plan, but consistent with zoning, the Mayor may defer the decision to issue the requested permit and, if he defers he shall propose, within 60 days, amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Plan. This subsection shall apply only to the construction of new commercial buildings that are not low density commercial buildings.
c When a major new building proposed for a college or university campus, and included in its campus plan, is instead moved o campus, the college or university must submit the plans for the review and approval of the Board of Zoning Adjustment as a specic amendment to its campus plan, limited to review of the change aecting that specic site, before the college or university may substitute another major new building for that campus plan site. For purposes of this subsection, a major new building is dened as one specically identied in the campus plan. Further, in order for the community to know as quickly as possible the substitute plans for the site, the review and approval of the new plans are to be done on an expedited basis. If the campus plan site is to remain vacant, or if the existing uses on that site are to remain, then the college or university is required to provide each aected Advisory Neighborhood Commission with written notice of that decision within 30 days of the colleges or universitys decision for movement. In such event, no further review by the Board of Zoning and Adjustment is required.
0.1.467
Zoning conformity.
a (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the government shall be subject to zoning.
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CONTENTS
2 Any governmental land uses that were either existent or substantially planned, documented, and invested in prior to May 23, 1990, shall not be subject to zoning. 3 The use of government-owned property on Lot 276 in Square 1282, which is located at 3050 R Street, N.W., as a residential treatment and special education facility for not more than 24 emotionally disturbed children, ages 6 to 12 years, and as a treatment and special education facility for not more than 15 emotionally disturbed children, ages 6-12, who do not reside at the facility, shall not be subject to zoning. 4 The governments use of property on the former site of the United States Naval Air Station communications facility located in the northeast corner of the east campus of Saint Elizabeths Hospital as a facility to send and receive 911 or other governmental emergency communications shall not be subject to zoning. Any governmental use of this property for other purposes or any non-governmental use of this property shall be subject to zoning or review and approval by the Council. b The Mayor shall within 16 months of April 8, 2011, propose amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan.
0.1.468
Housing linkage objective.
The housing linkage objective is to require applicants who obtain bonus commercial oce space as a result of a discretionary and otherwise appropriate street or alley closing or zoning density increase to produce housing or contribute funds to the production of housing, particularly housing that is aordable to low- and moderate-income households throughout the District, in an amount based on a formula tied to the amount or value of the additional commercial oce square footage obtained.
0.1.469
Housing linkage purposes.
In establishing the housing linkage objective, the District sets forth the following purposes:
339
1 To encourage the construction and rehabilitation of housing throughout the District of Columbia, particularly housing that is aordable to low- and moderate-income households; 2 To reduce a shortage of aordable housing in the District which has been caused in part by increased demand for this housing from employees of new commercial development who compete with present residents for scarce, vacant aordable housing, and by high land values which raise the cost of housing and which are partly a function of the demand for additional commercial oce space in the National Capital; and 3 To increase the income tax base and labor force in the District by providing a mechanism to stimulate the development and expansion of housing for employees in the District who cannot aord to reside in the District.
0.1.470
Housing linkage policies requirements.
The policies established in support of the housing linkage objective are as follows: 1 Except as provided in 1-306.41, whenever the Council approves a discretionary and otherwise appropriate street or alley closing which results in the provision of additional commercial oce space, or whenever the Zoning Commission approves a discretionary and otherwise appropriate zoning density increase which results in the provision of additional commercial oce space, the applicant who obtains the additional commercial oce space shall be required to comply with the following housing requirement: A The applicant shall construct or rehabilitate housing that is aordable to low- and moderate- income households in the District, the minimum amount of which shall be calculated by the formula set forth in paragraph (2) of this section, which shall be dedicated to use for aordable housing for no fewer than 20 years, and which shall be developed in accordance with the schedule set forth in 1-306.43; or B The applicant shall contribute funds, the minimum amount of which shall be calculated by the formula set forth in 1-306.36, to a housing trust fund in accordance with the schedule set forth in 1-306.34.
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CONTENTS
2 Except as provided in 1-306.34, if the applicant agrees to construct or rehabilitate the aordable housing, then the total square footage of the aordable housing that the applicant shall be required to construct or rehabilitate shall be as follows: A Not less than 1/4 of the total square footage of the additional commercial oce space, if the required aordable housing is located on or adjacent to the site of the additional commercial oce space; B Not less than 1/3 of the total square footage of the additional commercial oce space, if the required aordable housing is located o or not adjacent to the site of the additional commercial oce space, and if the housing is located within the advisory neighborhood commission area where the additional commercial oce space is located or within an area designated on an enacted land use map of the Comprehensive Plan as a housing opportunity area; or C Not less than 1/2 of the total square footage of the additional commercial oce space, if the required aordable housing is located in any other area of the District.
0.1.471
Required housing where existing housing is removed.
If the additional commercial oce space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the total square footage of the required aordable housing shall be not less than the total square footage of the removed housing plus the square footage of housing required by 1- 306.33(2).
0.1.472
Applicants choice.
If the applicant agrees to construct or rehabilitate aordable housing pursuant to 1-306.33(1), the applicant may satisfy this agreement in any manner chosen by the applicant, including but not limited to a joint venture, partnership, contract, or arrangement with another party to develop the required housing.
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0.1.473
Housing trust fund requirement.
Except as provided in 1-306.37, if the applicant agrees to contribute funds to a housing trust fund, the amount of funds to be contributed shall be no less than the total of 1/2 of the assessed value of the total square footage of additional commercial oce space.
0.1.474
Housing trust fund requirement where existing housing is removed.
If the applicant agrees to contribute funds to a housing trust fund, and if the additional commercial oce space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the amount of funds to be contributed shall be no less than the total of the assessed value of the housing units that are removed plus 1/2 of the assessed value of the total square footage of additional commercial oce space.
0.1.475
Zoning Commission powers.
Nothing in this part shall require the Zoning Commission to grant or deny an application for a zoning density increase.
0.1.476
Zoning Regulations.
Nothing in this part shall supplant any requirement of the Zoning Regulations.
0.1.477
Comprehensive Plan requirement.
Nothing in this part shall obviate the requirement that zoning shall not be inconsistent with the Comprehensive Plan. However, the Zoning Commission and the Mayors Oce of Planning each shall consider an applicants compliance with the requirements of this part as supportive of the Comprehensive Plan and as providing public amenities associated with an applicants project.
0.1.478
Exceptions.
The provisions of this part shall not apply to the following applicants:
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CONTENTS
1 An applicant who obtains a street or alley closing or a zoning density increase for a development that includes, on or adjacent to the site of the development, an amount of housing that is equal to the amount that would be calculated pursuant to the formula set forth in 1-306.33(2)(C); 2 An applicant whose development obtains no additional commercial oce space as a result of obtaining a street or alley closing or a zoning density increase; 3 An applicant for a street or alley closing or a zoning density increase who represents a federal government agency, the Washington Metropolitan Area Transit Authority, or the Pennsylvania Avenue Development Corporation; 4 An applicant who obtains additional commercial oce space pursuant to the variance provisions of the Zoning Regulations; 5 An applicant whose approved street or alley closing was decided by the Council, or whose approved zoning density increase was decided by the Zoning Commission, prior to October 6, 1994; 6 An applicant who obtains a zoning density increase for a development that already is subject to a housing, retail, arts, or historic preservation requirement pursuant to the zoning regulations set forth in the Downtown Development District; or 7 An applicant who obtains a street or alley closing or a zoning density increase for a development about which the Council, in its legislation that approves of the street or alley closing, or the Zoning Commission, in its order that approves of the zoning density increase, makes all of the following ndings after a public hearing, for which prior notice of a request for this exemption was provided to each aected Advisory Neighborhood Commission and in the District of Columbia Register, and during which the burden of proof is upon the applicant to justify granting this exemption: A The development associated with the street or alley closing or zoning density increase is located within an area designated in the text or map of the Comprehensive Plan as a development opportunity area, a production and technical employment area, or a new or upgraded commercial center; and
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B Imposition of no housing requirement or a housing requirement that is less stringent than the requirement imposed by this part is necessary to implement objectives and policies set forth in this Plan for that designated area, which otherwise would likely not be achieved.
0.1.479
Building permits associated with street or alley closings or zoning density increases.
An applicant who obtains a street or alley closing or a zoning density increase who is required to construct or rehabilitate aordable housing pursuant to this part shall not be issued a building permit for the applicants commercial development until the applicant certies to the District either that a building permit has been issued for the required amount of aordable housing, or that the applicant has contributed sucient funds to a housing provider to construct or rehabilitate the required amount of aordable housing.
0.1.480
Street or alley closings or zoning density increases associated with housing trust fund contributions.
An applicant who obtains a street or alley closing or a zoning density increase who is required to contribute funds to a housing trust fund pursuant to this part shall proceed in accordance with the following schedule: 1 Not less than 1/2 of the required total contribution shall be made prior to the issuance of a building permit for any of the commercial development; and 2 The balance of the required total contribution shall be made prior to the issuance of a certicate of occupancy for any of the commercial development.
0.1.481
Issuance of building permit or certicate of occupancy.
Prior to the issuance of a building permit or certicate of occupancy for the commercial development, whichever is applicable, the applicant shall certify to the District that the provisions of this part have been satised.
0.1.482
Regulations adopted to implement this part.
The Zoning Commission and all other agencies that have authority to adopt regulations to implement the housing linkage policies shall adopt regulations
344 to implement the provisions of this part.
CONTENTS
0.1.483
a
District of Columbia student loan insurance program.
The government of the District of Columbia is authorized:
1 To establish a student loan insurance program which meets the requirements of this part for a State loan insurance program in order to enter into agreements with the Commissioner for the purposes of this title; 2 To enter into such agreements with the Commissioner; 3 To use amounts appropriated for the purposes of this section to establish a fund for such purposes and for expenses in connection therewith; 4 To accept and use donations for the purposes of this section; and 5 To establish a student loan program for District of Columbia residents which shall be funded in whole or in part through the proceeds of Industrial Revenue Bonds and to enter into agreements with other entities for the purpose of managing, regulating, and overseeing such a program. b Notwithstanding the provisions of any applicable law, if the borrower, on any loan insured under the program established pursuant to this section, is a minor, any otherwise valid note or other written agreement executed by him for the purposes of such loan shall create a binding obligation. c There are authorized to be appropriated such amounts as may be necessary for the purposes of this section.
0.1.484
District of Columbia medical assistance program.
a (1) In accordance with paragraph (2) of this subsection, the Mayor may submit, under title XIX of the Social Security Act (Title XIX) to the Secretary of the United States Department of Health and Human Services, a plan for medical assistance (and any modications of the plan) to enable the District to receive federal nancial assistance under Title XIX for a medical assistance program established by the Mayor under such plan.
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2 Prior to submitting a plan, modication to a plan, or waiver as provided in paragraph (1) of this subsection, or prior to implementing any pending modication or waiver, the Mayor shall submit the plan to the Council for approval. If the Council does not approve or disapprove the submission within 30 days of receipt from the Mayor, the plan shall be deemed approved. 3 Review and approval by the Council of the Fiscal Year 2010 Budget and Financial Plan shall constitute the Council review and approval required by paragraph 2 of this subsection of any modication or waiver to the state plan required to implement during scal year 2010 an initiative to: A Utilize Disproportionate Share Hospital funding to support the transition of individuals into health insurance programs through the modication of the Disproportionate Share Hospital qualication and distribution methodology; B Change service limit methodology for personal care aide services; C Enhance prescription drug utilization and review activities; D Reduce reimbursement rates for prescription drugs to align pharmaceutical spending with national payment trends; E Change methodologies for recovering improper payments; F Obtain available State Childrens Health Insurance Program funding for immigrant children and pregnant women; G Shift coverage for unborn children of undocumented immigrants from the D.C. HealthCare Alliance to Medicaid; H Implement a new methodology for fee-for-service inpatient hospital reimbursement; and I Reduce disallowances for public provider agencies.
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4 Review and approval by the Council of the scal year 2011 budget and nancial plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any waiver, modication to the state plan, or modication to a waiver required during scal year 2011 for purposes of implementing federal health care reform initiatives as set forth in the Patient Protection and Aordable Care Act, approved March 23, 2010 (124 Stat. 119; Pub. L. No.111-148); provided, that the Department of Health Care Finance publishes a copy of any waiver, modication to the state plan, or modication to a waiver available on its website for at least 5 business days prior to submission to the Secretary of the United States Department of Health and Human Services. 5 Review and approval by the Council of the Fiscal Year 2012 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of: A Any modication or waiver to the state plan required to change the methodology used for the reimbursement for single source brand name drugs from the average wholesale price minus 10 B Any modication or waiver to the state plan required to change in whole or in part the level of personal-care services oered as a state plan benet. 6 Review and approval by the Council of the Fiscal Year 2013 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any modication or waiver to the state plan required to: A Update the diagnosis-related group (DRG) grouper the agency uses to pay hospitals for inpatient care and other characteristics of the reimbursement system, such as base rates, DRG weights, outlier thresholds and transfer policy to adjust the average payment to cost ratio for inpatient care at DRG hospitals from 114 B Update the reimbursement methodology model to one based on acuity for Intermediate Care Facilities for the Intellectually Disabled;
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C Exclude the cost of therapies, including physical therapy, occupational therapy, and speech therapy, from the calculation of the nursing and resident care component of the nursing home rate; and D Transition beneciaries to the replenishing pharmacy network for antiretroviral medications. b (1) Notwithstanding any other provision of law, the Mayor may take such action as may be necessary to submit such plan to the Secretary and to establish and carry out such medical assistance program, except that in prescribing the standards for determining eligibility for and the extent of medical assistance under the District of Columbias plan for medical assistance, the Mayor may not (except to the extent required by Title XIX of the Social Security Act): A Prescribe maximum income levels for recipients of medical assistance under such plan which exceed: i The Title XIX maximum income levels if such levels are in eect; or
ii The Mayors maximum income levels for the local medical assistance program if there are no Title XIX maximum income levels in eect; or B Prescribe criteria which would permit an individual or family to be eligible for such assistance if such individual or family would be ineligible, solely by reason of his or its resources, for medical assistance both under the plan of the State of Maryland approved under Title XIX of the Social Security Act and under the plan of the State of Virginia approved under such title. 2 For purposes of subparagraph (A) of paragraph (1) of this subsection: A The term Title XIX maximum income levels means any maximum income levels which may be specied by Title XIX of the Social Security Act for recipients of medical assistance under state plans approved under that title;
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B The term the Mayors maximum income levels for the local medical assistance program means the maximum income levels prescribed for recipients of medical assistance under the District of Columbias medical assistance program in eect in the scal year ending June 30, 1967; and C During any of the rst 4 calendar quarters in which medical assistance is provided under such plan there shall be deemed to be no Title XIX maximum income levels in eect if the Title XIX maximum income levels in eect during such quarter are higher than the Mayors maximum income levels for the local medical assistance program. c The District state plan required under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), shall provide that all persons in the following categories are eligible for Medicaid benets: 1 A pregnant woman or an infant under 1 year of age with an income up to 185 2 A child born after September 30, 1983, who has not attained the age of 8 years and whose family income is not more than 100 3 A pregnant woman or a child during a presumptive eligibility period as authorized by 1902(a) of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396a(a)). d (1) For purposes of this subsection, the term:
A TANF-related Medicaid recipient means a family that has dependent children under 21 years of age in the home and whose income is not low enough to qualify for nancial assistance, but is low enough to qualify for medical assistance. B Health maintenance organization means a public or private organization, operating in the District of Columbia, which contracts with the District government to provide comprehensive health maintenance, preventive and treatment services emphasizing access to primary care for enrolled members of the plan through its own network of physicians and hospitals for a xed prepaid premium.
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C Managed care provider means either a primary care provider or a health maintenance organization. D Primary care provider means a physician, clinic, hospital, or neighborhood health center that is responsible for providing primary care and coordinating referrals, when necessary, to other health care providers. E Restricted recipient means a person who has been restricted to one designated primary care provider for a minimum of one year after a nding of abuse or misuse of Medicaid services by the Commission on Health Care Financing. 2 The Mayor shall establish a plan to mandate enrollment of TANF and TANF-related Medicaid recipients in a managed care program for the purpose of providing access to comprehensive and coordinated health care in an ecient and cost eective manner. The plan shall provide the following: A TANF and TANF-related Medicaid recipients shall select any health maintenance organization with a current contract with the District of Columbia to provide managed care services to TANF and TANF-related Medicaid recipients on a capitated method of payment; B The Mayor shall exclude TANF and TANF-related Medicaid recipients from the managed care program who are: i Residents in a nursing facility or intermediate care facility for persons with intellectual or developmental disabilities; ii iii iv v vi Repealed. Eligible for Medicaid for a period that is less than 3 months; Eligible for a period that is retroactive; Foster children residing outside the District of Columbia; or Restricted recipients.
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CONTENTS
C The Mayor shall assign any TANF and TANF-related Medicaid recipient who does not choose a provider within a reasonable time to a health maintenance organization described in subparagraph (A) of this paragraph. i A managed care provider as described in subparagraph (A)(i) of this paragraph; or ii A managed care provider that is an employee or entity of the District government. D Repealed.
E TANF and TANF-related Medicaid recipients enrolled in a managed care program shall be exempted from any additional co-payment requirements other than those imposed by the Medicaid program. F The Mayor shall develop an education program to fully inform TANF and TANF-related Medicaid recipients about the various managed care programs to ensure better care for recipients while avoiding unnecessary and inappropriate use of hospital based services for preventive and primary care. 3 In order to participate in the managed care plan, a provider must: A Be a Medicaid qualied provider and be accessible to enrollees on a 24 hours per day, 7 days per week basis. The Mayor shall establish a monitoring system to ensure that recipients have 24 hours per day, 7 days per week access to their managed care providers and that treatment is provided in a timely manner; and B Have a written contract with the District government which provides detailed information regarding the responsibilities of the managed care provider and the District government for providing or arranging for the provision of, and making payment for all services to which the TANF and TANF-related Medicaid recipient is entitled under the District state Medicaid plan. 4 The Mayor shall maintain a grievance and appeal process for TANF and TANF-related Medicaid recipients enrolled in a managed care program.
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5 The Mayor shall require that managed care providers, which receive a capitated method of payment, submit adequate assurances to protect the District government against risk in case a provider becomes insolvent. 6 To implement the requirements of this subsection the Mayor shall: A Amend the District state Medicaid plan pursuant to 4-204.05; and
B Seek and obtain all necessary waivers of federal Medicaid statutes, rules and regulations. 7 The Mayor shall submit to the Council on an annual basis an assessment of the cost eectiveness of the managed care plan and its impact on the TANF and TANF-related Medicaid recipients access to care of adequate quality.
0.1.485
Minimum maintenance needs allowance for an institutionalize Medicaid beneciary with a community spouse.
For purposes of protecting the income of the community spouse of a Medicaid beneciary who is institutionalized, the Mayor is directed to set the minimum monthly maintenance needs allowance at the maximum level permitted under section 1924 of the Social Security Act, approved July 1, 1988 (102 Stat. 758; 42 U.S. C. 1396r-5), and to amend the District of Columbia Medicaid State Plan accordingly.
0.1.486
Medical assistance expansion program establishment.
a The Mayor shall establish a program to expand medical assistance to adult District residents with an annual family income up to 200 1 The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis. 2 Enrollees of the program shall select a health maintenance organization with a current contract with the District to provide managed care services.
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CONTENTS
3 The Mayor shall assign any enrollee who does not choose a provider within a reasonable period of time to the District of Columbia Health and Hospitals Public Benet Corporation. 4 (A) In scal year 2000, the Mayor may establish a pilot project to expand Medicaid coverage to not more than 2,400 adult District residents. B The funding for the pilot shall be derived by amending the Disproportionate Share adjustment paid to hospitals. 5 To implement any expansion for adult District residents with an annual family income up to 200 A Seek and obtain all necessary waivers of federal Medicaid statutes, rules, and regulations; and B Amend the District State Medicaid plan. b The Mayor shall establish a program to provide medical assistance to undocumented children not eligible for coverage under Medicaid who reside in the District and have an annual family income up to 200 1 The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis. 2 Enrollees of the program shall select a health maintenance organization with a current contract with the District to provide managed care services. 3 The Mayor shall assign any enrollee who does not choose a provider within a reasonable period of time to the District of Columbia Health and Hospitals Public Benet Corporation. 4 In scal year 2000, the Mayor shall establish a pilot program to provide medical assistance to not more than 500 immigrant children not eligible to be covered under Medicaid.
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c Beginning with scal year 2001, the Mayor may increase enrollment contingent upon the certication by the Chief Financial Ocer of the availability of funding and subject to the Districts nancial plan and budget. d The Mayor may provide nancial support to providers to register the uninsured in conformity with the nancial plan and budget. e Nothing in this section, 1-307.05, or 1-307.06 shall be deemed to create or constitute an entitlement or right to medical coverage.
0.1.487
Supplementary medical insurance program.
The Mayor may enter into an agreement (and any modications of such agreement) with the Secretary under 1843 of the Social Security Act pursuant to which: 1 Eligible individuals (as dened in 1836 of the Social Security Act) who are eligible to receive medical assistance under the District of Columbias plan for medical assistance approved under Title XIX of the Social Security Act will be enrolled in the supplementary medical insurance program established under part B of Title XVIII of the Social Security Act; and 2 Provisions will be made for payment of the monthly premiums of such individuals for such program.
0.1.488 0.1.489
Delegate to the House of Representatives. (Refs & Annos) Applicability of federal laws.
The provisions of law which appear in: of Title 2 of the United States Code shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. The Federal Corrupt Practices Act and the Federal Contested Election Act shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. 1 Section 25 (relating to oath of oce),
354 2 Section 31 (relating to compensation), 3 Section 34 (relating to payment of compensation), 4 Section 35 (relating to payment of compensation), 5 Section 37 (relating to payment of compensation), 6 Section 38a (relating to compensation), 7 Section 39 (relating to deductions for absence), 8 Section 40 (relating to deductions for withdrawal),
CONTENTS
9 Section 40a (relating to deductions for delinquent indebtedness), 10 11 12 13 14 Section 41 (relating to prohibition on allowance for newspapers), Section 42c (relating to postage allowance), Section 46b (relating to stationery allowance), Section 46b-1 (relating to stationery allowance), Section 46b-2 (relating to stationery allowance),
15 Section 46g (relating to telephone, telegraph, and radio-telegraph allowance), 16 17 18 19 Section 47 (relating to payment of compensation), Section 48 (relating to payment of compensation), Section 49 (relating to payment of compensation), Section 50 (relating to payment of compensation),
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20 Section 54 (relating to provision of United States Code Annotated or Federal Code Annotated), 21 22 23 24 25 26 27 28 29 30 Section 60g-1 (relating to clerk hire), Section 60g-2(a) (relating to interns), Section 80 (relating to payment of compensation), Section 81 (relating to payment of compensation), Section 82 (relating to payment of compensation), Section 92 (relating to clerk hire), Section 92b (relating to pay of clerical assistants), Section 112e (relating to electrical and mechanical oce equipment), Section 122 (relating to oce space in the District of Columbia), and Section 123b (relating to use of House Recording Studio),
0.1.490
Delegate to the House of Representatives from the District of Columbia.
a The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the Delegate to the House of Representatives from the District of Columbia, who shall be elected by the voters of the District of Columbia in accordance with subchapter I of Chapter 10 of this title. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress. b (1) No individual may hold the Oce of Delegate to the House of Representatives from the District of Columbia unless on the date of his election:
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CONTENTS
A He is a qualied elector (as that term is dened in 1-1001.02(2)) of the District of Columbia; B He is at least 25 years of age; C He holds no other paid public oce; and D He has resided in the District of Columbia continuously since the beginning of the 3-year period ending on such date. 2 He shall forfeit his oce upon failure to maintain the qualications required by this subsection.
0.1.491 0.1.492
Ocers and Employees Generally. Agency armative action planDevelopment; submission.
Every District government agency shall develop and submit to the Mayor and Council an armative action plan. Such plan shall be submitted within 12 calendar weeks after May 6, 1976, and each year thereafter, at the time each agencys annual budget is submitted to the Council.
0.1.493
Oath to be taken by ocers.
All civil ocers in the District shall, before they act as such, respectively take and subscribe an oath or armation to support the Constitution of the United States, and faithfully to discharge the duties of their respective oces; and the oath or armation provided for by this section shall be taken and subscribed, certied, and recorded, in such manner and form as may be prescribed by law.
0.1.494
Reports by custodians of property.
All persons in the employment of the government of the District of Columbia having, as a result of such employment, custody of or chargeable with property, other than real estate, belonging to the District of Columbia, shall, at such times and in such form as the Mayor of the District of Columbia shall require, make returns to said Mayor of all such property remaining in their possession, and the condition thereof, and, with reference to all property that may have come into their custody that shall have been consumed in
357
use, a statement showing the quantity thereof and the purpose for which used.
0.1.495
Employment to be authorized and compensation to be paid from specic appropriations; moneys returned to Treasury.
No civil ocer, clerk, draftsman, compensation messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall, after June 30, 1905, be employed in any oce, department, or other branch of the government of the District of Columbia or be paid from any appropriation made for contingent expenses, or for any specic or general purpose, unless such employment is authorized and payment therefor specically provided in the law granting the appropriation or is authorized as hereinafter provided, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made and at the rate of compensation usual and proper for such services, and on and after July 1, 1905, all moneys accruing from lapsed salaries, or for unused appropriations for salaries, shall be covered into the Treasury as are the balances of other unexpended appropriations for the support of the government of the District of Columbia.
0.1.496
Designation by Mayor of Dr. holiday.
Kings birthday as
The Mayor is authorized to designate the holiday in honor of Dr. King as a holiday for all employees of the government of the District of Columbia. Employees who are required to work on that holiday shall be entitled to such pay as they are entitled to on other holidays during which they work.
0.1.497
Eect of signature by mark upon payment of compensation.
After May 10, 1926, in the payment of compensation of per diem employees of the government of the District of Columbia, a signature by mark duly witnessed by an employee of such District designated for that purpose by the Mayor shall be deemed a full legal acquittance as to such signature.
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CONTENTS
0.1.498
Refusal to give testimony relating to oce or employment.
a Any ocer or employee of the District who refuses to testify upon matters relating to his oce or employment in any proceeding wherein he is a defendant or is called as a witness upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit his oce or employment and any emolument, perquisite, or benet (by way of pension or otherwise) arising therefrom, and be disqualied from holding any public oce or employment under the District. b Any former ocer or employee of the District who refuses to testify upon matters relating to his former oce or employment in any proceeding wherein he is a defendant or is called as a witness upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit any emolument, perquisite, or benet (by way of pension or otherwise) arising from such former oce or employment, and be disqualied from holding any public oce or employment under the District. c If the retirement pay, pension, or annuity of any ocer or employee or former ocer or employee of the District is forfeited under this section, there shall be paid to such individual a sum equal to (1) the total amount paid by him as contributions toward such retirement pay, pension, or annuity, plus any accrued interest attributable to such contributions, less (2) the total amount of such retirement pay, pension, or annuity received by him prior to such forfeiture.
0.1.499
Wages, salaries, annuities, retirement, disability benets, and other remuneration based on District employment subject to attachment garnishment, and assignment for child support, maintenance, alimony payments, and other obligations.
a After July 25, 1977, wages, salaries, annuities, retirement and disability benets, and other remuneration based upon employment, or other income owed by, due from, and payable by the government of the District of
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Columbia to any individual shall be subject to attachment, garnishment, assignment, or withholding under the District of Columbia Child Support Enforcement Amendment Act of 1985, provided the levy is predicated upon the entry of a judgment, order, or decree determining the individuals legal obligation to provide child support or to make maintenance or alimony payments. Whenever wages, salaries, annuities, retirement and disability benets, or other remuneration based upon employment is sought to be levied pursuant to this section, the legal process shall be such as is usual in other cases of attachment, garnishment, assignment, or withholding under the District of Columbia Child Support Enforcement Amendment Act of 1985. The government of the District of Columbia shall be subject to process in the same manner and to the same extent as if it were a private person, except that no writ or similar process served under the authority of this section shall be honored by the government of the District of Columbia unless a certied copy of the judgment, order, or decree upon which the levy is predicated has been provided to the Mayor of the District of Columbia or his duly authorized designee. b After October 1, 1997, wages salaries, annuities, retirement and disability benets, and other remuneration based upon employment, or other income owed by, due from, and payable by the government of the District of Columbia to any individual shall be subject to attachment, garnishment, assignment, or withholding in accordance with subchapter III of chapter 5 of title 16 of the District of Columbia Code in the same manner and to the same extent as if the government of the District of Columbia were a private person.
0.1.500 0.1.501
Technical assistance. [Expired] Allowances for privately owned vehicles for employees.
The Mayor may establish rates and reimburse employees, by regulation, for privately owned automobiles and motorcycles used for the performance of ocial duties. The rates established by the Mayor shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations). The proposed regulations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the regulations, in
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CONTENTS
whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
0.1.502
Exemption of District government employees on compressed schedule from federal overtime requirements.
a In general. Section 7 of the Fair Labor Standards Act (29 U.S.C. 207) shall not apply to the hours of an employee of the District of Columbia government which constitute a compressed schedule. b Compressed schedule dened. In this section, the term compressed schedule means: 1 In the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays; and 2 In the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays. c Eective date. This section shall apply with respect to hours occurring on or after October 30, 2004.
0.1.503
Review of personnel practices.
a The District of Columbia Department of Human Resources shall conduct a comprehensive review of all regulations, policies, and standard operating procedures under its control to ensure compliance with all local and federal laws. b On or before March 1, 2012, and every 3 months thereafter until this review is complete, the District of Columbia Department of Human Resources shall report to the Council on the status of this review, the components that have been completed, the components that remain outstanding, and the projected timeline for completion of this project.
0.1.504
District residency preference for employees; District residency requirement for agency heads.
a Notwithstanding any other provision of law, all District subordinate agencies, independent agencies, and instrumentalities shall use a ranking
361
system based on a scale of 100 points for all employment decisions for positions equivalent to Career Service, educational employee, Legal Service, and Management Supervisory Service positions, as dened under 1- 603.01(3), (6), (13A), and (13B), and shall award each District resident applicant a preference of 10 points unless the resident declines the preference points. The 10 preference points shall be in addition to any points awarded on the 100-point scale. b An applicant claiming a hiring preference shall submit no less than 8 proofs of bona de residency in a manner determined by the Mayor. If hired, the employee shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of such residency annually to the director of personnel for the agency or instrumentality for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. c (1) Each subordinate agency head shall submit to the Mayor and the Council quarterly reports detailing the names of all new employees and their pay schedules, titles, and place of residence. The report shall explain the reasons for employment of non-District residents. The Mayor shall integrate into each subordinate agencys annual performance objectives the rate of success in hiring District residents. 2 Each independent agency and instrumentality shall submit to the Mayor and the Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence. The reports shall explain the reasons for employment of non-District residents. d The Mayor shall conduct annual audits of each subordinate agencys personnel records to ensure that all persons claiming a residency preference at time of hiring complies with the provisions of subsection (b) of this section. Audit reports shall be submitted annually to the Council. e Each subordinate agency, independent agency, and instrumentality head shall be a resident of the District of Columbia throughout his or her tenure and shall forfeit his or her position if he or she fails to remain a resident of the District of Columbia.
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CONTENTS
f The Mayor may issue rules to implement the provisions of this subchapter.
0.1.505
Goal; available work force dened.
The goal of armative action in employment throughout the District government is, and must continue to be, full representation, in jobs at all salary and wage levels and scales, in accordance with the representation of all groups in the available work force of the District of Columbia, including, but not limited to, Blacks, Whites, Spanish-speaking Americans, Native Americans, Asian Americans, females, and males. As used in 1-521.01 to 1-521.08, available work force means the total population of the District of Columbia between the ages of 18 and 65.
0.1.506
Budget for Oce of Labor Relations and Collective Bargaining.
Beginning with the proposed budget for Fiscal Year 2004, the Mayor shall provide in the budget funding for the Oce of Labor Relations and Collective Bargaining (OLRCB) represented as a separate line or responsibility center. The Mayor shall include in the budget request submitted to the Council historical spending information for the OLRCB so that an accurate, complete comparison can be made of the scal costs for the OLRCB.
0.1.507
Agency armative action planGoal of representation; actual employment levels.
a Each plan shall state the number of females and males who are Black, White, Spanish-speaking, Native American, and Asian American, who would, by using the goal of their representation in the available work force in the District, be employed by the agency at the actual employment levels in the agency at the time the plan is submitted. Such numbers shall be broken down: 1 Agency wide; 2 Within each oce in the agency; and 3 Within each pay level of each salary scale in the agency.
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b These shall be the goals, not the quotas, of the plan. The plan shall also state the actual employment levels in the agency, broken down in the same way as the goals, and the dierence between the actual employment and the goals.
0.1.508
Agency armative action planProjections of hires and promotions for period of plan.
The plan shall state the number of hires and promotions the agency projects for the period until the next plan is submitted, and the number of hires and promotions of the groups enumerated in 1-521.03, projected for that period. Such projections shall be broken down in the manner provided in 1-521.03.
0.1.509
Agency armative action planProgram for securing equal employment opportunity.
The plan shall further state what actions the agency is taking to secure the equal employment opportunity within the agency of the groups enumerated in 1-521.03, and of the aging, the young, persons with disabilities, and the homosexual citizens of the District, whether such citizens be actual or potential employees of the District government.
0.1.510
Continuing responsibility of agencies for equal employment opportunity.
Equal employment opportunity is a continuing responsibility of every agency, whether or not the hiring and promotion goals in armative action employment plans have been reached.
0.1.511
Agency armative action plan; number of hires, promotions and terminations during period of plan.
The plan shall further state the number of hires, promotions, and terminations (due to retirement, death, reductions in service or force, lack of performance, disciplinary action, and all other reasons), and indicate the permanent, temporary, or probationary status of the terminated employees of, and personnel grievance and equal employment complaints instituted by, persons known to be members of the various classes specied in 1-521.05, during the period since the previously submitted plan.
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CONTENTS
0.1.512
Detail by Mayor of nonuniformed equal employment opportunity ocers and specialists to Oce of Human Rights; limitation; uniformed positions unaffected.
The Mayor shall have the authority and is directed to detail, on a full-time basis, all persons who, on May 6, 1976, are employed, on a full-time basis, as nonuniformed equal employment opportunity ocers and equal employment opportunity specialists by any agency of the District government other than the Oce of Human Rights, to work in the Oce of Human Rights as investigators or in other positions, all directly involved in the decision of equal employment opportunity cases instituted against the District government or any of its agencies. No person so detailed shall work on cases instituted against the agency from which the person is detailed. The Mayor shall assign such details on May 6, 1976. The positions which such persons hold shall be transferred to the budget of the Oce of Human Rights in and for Fiscal Year 1977. The Metropolitan Police Department and the Fire Department are not authorized by this section to abolish, leave unlled, or reduce the authority or duties of any uniformed equal employment opportunity ocer or specialist position. This section shall not be construed to aect any uniformed position in the District government.
0.1.513
Mayoral nominees.
a The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service established by subchapter X-A of Chapter 6 of this title, subject to the advice and consent of the Council, within 180 calendar days of the date of the establishment of the subordinate agency or the date of a vacancy. A nomination shall be submitted to the Council for a 90day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, the nomination shall be deemed conrmed. 1 If the Mayor fails to nominate a person within 180 days of the establishment of the subordinate agency vacancy or the date of vacancy, no District funds may be expended to compensate any person serving in the position. 2 The Mayor may designate an acting subordinate agency head, but this designation shall not suspend the requirements of this section, or the provisions of 1-610.59(a).
365
b The Mayor shall not appoint board or commission members to serve in a position that the law requires to be lled by Mayoral appointment with the advice and consent of the Council. c No person shall serve in a hold-over capacity for longer than 180 days after the expiration of the term to which he or she was appointed, in a position that is required by law to be lled by Mayoral appointment with the advice and consent of the Council including to positions on boards and commissions. d The provisions of this section shall not be aected by any provision in subchapter VI of Chapter 3 of this title. e Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. If the Council does not approve by resolution within the 90-day period a nomination to these boards or commissions, the nomination shall be deemed disapproved. 1 The Alcoholic Beverage Control Board, established by 25-104(a); 2 The District of Columbia Board of Library Trustees, established by 39104; 3 The Board of Trustees of the University of the District of Columbia, established by 38-1202.01; 4 The Board of Zoning Adjustment, established by 6-641.07; 5 The Police Complaints Board, established by 5-1104; 6 The Contract Appeals Board, established by 2-360.01. 7 The District of Columbia Board of Elections and Ethics, established by 1-1001.03; 8 The Commission on Human Rights, established by 2-1404.01;
366 9 Repealed;
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10 The District of Columbia Housing Finance Agency Board of Directors, established by 42-2702.02; 11 The District of Columbia Lottery and Charitable Games Control Board, established by 3-1301; 12 Repealed.
13 The Historic Preservation Review Board, established by Mayors Order 83- 119, issued May 6, 1983 (30 DCR 3031) in accordance with 6-1103; 14 The Metropolitan Washington Airports Authority Board of Directors, established by 9-1006(e); 15 16 17 18 19 Repealed. The Oce of Employee Appeals, established by 1-606.01; The Public Employee Relations Board, established by 1-605.01; The Public Service Commission, established by 34-801; The Rental Housing Commission, established by 45-2511;
20 The Washington Convention and Sports Authority Board of Directors, established by 10-1202.05; 21 The Water and Sewer Authority Board of Directors, established by 342202.04; 22 The Zoning Commission for the District of Columbia, established by 6- 621.01; 23 24 Repealed. The District of Columbia Taxicab Commission, established by 40-1704;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 25 26 Repealed. Repealed.
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27 The Board of Commissioners of the District of Columbia Housing Authority, established by 6-211; 28 29 30 Repealed. Homeland Security Commission established by 7-2271.02; and Commission on Fashion Arts and Events, established by 3-651.
f Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. The Council shall be deemed to have approved a nomination under this subsection if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved. 1 The Apprenticeship Council, established by 32-1402; 2 The Armory Board, established by 3-302; 3 Repealed; 4 The Board of Dentistry, established by 3-1202.01; 5 The Board of Medicine, established by 3-1202.03; 6 The Board of Nursing, established by 3-1202.04; 7 The Board of Nursing Home Administration, established by 3-1202.05; 8 The Board of Psychology, established by 3-1202.11;
368 9 Repealed. 10
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The Child Support Guideline Commission, established by 16-916.02;
11 The Commission on the Arts and Humanities, established by 39-203 note; 12 The District of Columbia Boxing and Wrestling Commission, established by 3-604; 13 The Multistate Tax Commission, established by 47-441;
14 The Public Access Corporation Board of Directors, established by 341253.02; 15 16 17 18 19 20 21 22 23 24 25 26 The Board of Real Estate, established by 47-2853.06(h); Repealed; The Board of Dietetics and Nutrition, established by 3-1202.02; The Board of Occupational Therapy, established by 3-1202.06; The Board of Optometry, established by 3-1202.07; The Board of Pharmacy, established by 3-1202.08; The Board of Physical Therapy, established by 3-1202.09; The Board of Podiatry, established by 3-1202.10; The Board of Social Work, established by 3-1202.12; The Board of Professional Counseling, established by 3-1202.13; The Board of Respiratory Care, established by 3-1202.14; The Board of Massage Therapy, established by 3-1202.15;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 27 28 29 30 31 32 33 34 The Board of Chiropractic, established by 3-1202.16;
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The Statewide Health Coordinating Council, established by 44-403; The Board of Barber and Cosmetology, established by 47-2853.06(c); The Board of Real Estate Appraisers, established by 47-2853.06(g); Repealed; The Board of Funeral Directors, established by 47-2853.06(f); Repealed; Repealed;
35 The Board of Veterinary Examiners for the District of Columbia, established by 3-505; 36 Reserved;
37 The Board of Architecture and Interior Designers, established by 472853.06(a); 38 39 40 The Board of Accountancy, established by 47-2853.06(b); The Board of Industrial Trades, established by 47-2853.06(d); The Board of Professional Engineering, established by 47-2853.06(e);
41 The Housing and Community Development Reform Commission, established by 6-1032; 42 The Commission on Asian and Pacic Islander Community Development, established by 2-1373; 43 The Board of Marriage and Family Therapy, established by 3-1202.17;
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44 The District of Columbia Small and Local Business Opportunity Commission, established by 2-218.21; 45 The Security Ocer Advisory Commission;
46 The Motor Vehicle Theft Prevention Commission, established by 31352; 47 The Commission on African Aairs, established by 2-1393;
48 The Science Advisory Board to the Department of Forensic Sciences, established by 5-1501.11; and 49 The Commission on African-American Aairs, established by 3-1441.
g Notwithstanding any other provision of law, the Mayor shall directly appoint members to boards and commissions, without the advice and consent of the Council, to the boards and commissions not contained in subsections (e) and (f) of this section. h This section shall not apply to positions on boards and commissions that are designated by law for the Mayor, his or her designee, or another member of the executive branch or his or her designee.
0.1.514
Modications of Board of Education Reduction-inForce procedures.
a Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia Public Schools shall be: 1 Classied as an Educational Service employee; 2 Placed under the personnel authority of the Board of Education; and 3 Subject to all Board of Education rules. b School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.
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0.1.515
Vesting under previous District of Columbia retirement program.
For purposes of vesting pursuant to 1-626.10(b), creditable service with the District for employees whose participation in the District Dened Contribution Plan ceases as a result of the implementation of the Balanced Budget Act of 1997 shall include: 1 continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997; and 2 service performed for a successor employer, including the Department of Justice or the District of Columbia Oender Supervision, Defender, and Courts Services Agency established under 24-133, that provides services previously performed by the District government.
0.1.516
Application.
This chapter shall apply to any District employee or District retiree who is covered by the retirement program dened under 1-702(7), or the retirement program established by 1-626.03 to 1-626.12, or an ocer, member, or retiree of the United States Park Police Force, or an ocer, member or retiree of the United States Secret Service to whom the District of Columbia Policemen and Firemens Retirement and Disability Act (D.C. Code 5-707 et seq.) applies.
0.1.517
Denitions.
a Court order means any judgment, decree, or property settlement issued by or approved by any court of any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Native American court in connection with, or incident to, the divorce, annulment of marriage, or legal separation of an employee or retiree. b Employee means an individual who performs a function of the District government and who receives compensation for the performance of the services, as provided in 1-603.01(7) or an ocer, member, or retiree of the United States Park Police Force or an ocer, member, or retiree of the United States Secret Service to whom the District of Columbia Policemen
372
CONTENTS
and Firemens Retirement and Disability Act (D.C. Code 5-707 et seq.) applies. c Qualifying court order means one that by its terms awards to a former spouse all or a portion of an employees or retirees retirement benets, a payment from an employees or retirees retirement benets, or a survivor annuity. The court order must state the former spouses share as a xed amount, or a percentage or a fraction of the annuity, and shall indicate whether the former spouse should receive the amount awarded directly from the District. For purposes of awarding a survivor annuity, the court order must also either state the former spouses entitlement to a survivor annuity or direct the employee or retiree to provide a survivor annuity.
0.1.518
Compliance with court orders.
a For purposes of this section, former spouse means a living person whose marriage to an employee or retiree has been subject to a divorce, annulment, or legal separation resulting in a court order, except that with respect to an award of a survivor annuity, it additionally means a living person: 1 Who was married for at least 9 months to an employee or retiree who performed at least 18 months creditable service in a position covered by 1 or more of the retirement systems in 1-529.01; and 2 Whose marriage to the employee or retiree was terminated prior to the death of the employee or retiree. b The Mayor shall comply with any qualifying court order that is issued prior to the employees retirement. Any qualifying court order that awards the entire amount the retirement system is responsible for with respect to that employee bars recovery by any other person. c The Mayor shall comply with any qualifying court order that is issued after the employees retirement only to the extent it is consistent with any election previously executed at the time of retirement by the employee regarding that former spouse. Any qualifying court order that awards the entire amount the retirement system is responsible for with respect to that employee bars recovery by any other person.
373
d The Mayor is not obligated to comply with qualifying court orders issued prior to March 16, 1989. e (1) Any reduction in an employees annuity, made pursuant to the relevant retirement system in order to provide for a survivor annuity awarded by court order, shall cease upon remarriage of the former spouse if the remarriage occurs before age 55. 2 Payment of a survivor annuity to a former spouse pursuant to a court order shall cease upon the remarriage of the former spouse if the remarriage occurs before age 55.
0.1.519
a
Enrollment in health benets plan.
For purposes of this section, former spouse means a living person:
1 Who was married for at least 9 months to an employee or retiree who performed at least 18 months creditable service in a position covered by 1 or more of the retirement systems referred to in 1-529.01; 2 Whose marriage to the employee or retiree was terminated prior to the death of the employee or retiree; 3 Who was enrolled as a family member in a health benets plan approved under the Federal Health Benets Program or in a plan approved under 1621.05 through 1-621.13 at any time during the 18-month period before the dissolution of the marriage by divorce, annulment, or legal separation; and 4 Who is receiving any portion of an annuity or survivors annuity or is entitled to receive an annuity or survivors annuity pursuant to an election by the employee at the time of retirement, a qualifying court order, or the provisions of the retirement system. b Any former spouse of an employee or of a retiree may enroll in a health benets plan approved under the Federal Employee Health Benets Program or in a plan approved under 1-621.05 through 1-621.13.
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CONTENTS
c Any former spouse who enrolls in a health benets plan pursuant to subsection (b) of this section may elect to enroll either as an individual or for self and family, subject to an agreement by the former spouse to pay the full subscription charge of the enrollment, including any amount set aside for the administration of the health benets plan and any necessary reserves as determined by the Mayor.
d Only former spouses whose marriages were dissolved after March 16, 1989 through divorce, annulment, or legal separation shall be eligible to enroll in the health benets plans.
0.1.520
Rules.
The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council of the District of Columbia (Council) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall aect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
0.1.521
Reimbursement for representation by Oce of Labor Relations and Collective Bargaining.
a Any agency that is represented by the Oce of Labor Relations and Collective Bargaining (OLRCB) in third-party cases, grievances, and dispute resolution shall pay the cost of representation established through an intradistrict agreement with the OLRCB.
b Beginning in Fiscal Year 2003, the OLRCB shall calculate and assess the costs for representing agencies under the direct personnel authority of the Mayor in third-party cases, grievances, and dispute resolution. The OLRCB shall negotiate the cost of representing an independent agency in third-party cases, grievances, and dispute resolution with the independent agency.
375
0.1.522 0.1.523
Merit Personnel System. Publication of decisions.
The Board shall cause a copy of each order, decision, or opinion rendered by it to be published in the District of Columbia Register within 60 days of its issuance.
0.1.524
Adjustment after recovery from third person.
If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the District of Columbia government to pay damages, and a beneciary entitled to compensation from the District of Columbia government for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or her in his or her behalf, the beneciary, after deducting therefrom the costs of suit and a reasonable attorneys fee, shall refund to the District of Columbia government the amount of compensation paid by the District of Columbia government and credit any surplus on future payments of compensation payable to him or her for the same injury. No court, insurer, attorney or other person shall pay or distribute to the beneciary or his or her designee the proceeds of such suit or settlement without rst satisfying or assuring satisfaction of the interest of the District of Columbia government. The amount refunded to the District of Columbia government shall be credited to the Employees Compensation Fund. If compensation has not been paid to the beneciary, he or she shall credit the money or property on compensation payable to him or her by the District of Columbia government for the same injury. However, the beneciary is entitled to retain, as a minimum, at least onefth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted, and, in addition to this minimum and at the time of distribution, to retain an amount equivalent to a reasonable attorneys fee proportionate to the refund to the District of Columbia government.
0.1.525
Compensation in case of death.
a If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:
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CONTENTS
1 To the surviving spouse or domestic partner, if there is no child, 50 percent; 2 To the surviving spouse or domestic partner, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the surviving spouse or domestic partner and children; 3 To the children, if there is no surviving spouse or domestic partner, 40 percent for 1 child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children, share and share alike; 4 To the parents, if there is no surviving spouse or domestic partner, or child, as follows: A Twenty percent, if 1 parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; B Twenty percent to each, if both were wholly dependent; or C A proportionate amount in the discretion of the Mayor if one or both were partly dependent. If there is a surviving spouse or domestic partner, or child, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, and children, will not exceed a total of 75 percent; 5 (A) To the brothers, sisters, grandparents, and grandchildren, if there is no surviving spouse or domestic partner, child, or dependent parent, as follows: i Twenty percent, if one was wholly dependent on the employee at the time of death; ii Thirty percent, if more than one were wholly dependent, divided among the dependents, share and share alike; or iii Ten percent, if no one is wholly dependent but one or more is partly dependent, divided among the dependents, share and share alike; or
377
B If there is a surviving spouse or domestic partner, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, children, and dependent parents, will not exceed a total of 75 percent. b (1) The compensation payable under subsection (a) of this section is paid from the time of death until: A A surviving spouse or domestic partner dies, remarries, or enters into a domestic partnership before reaching age 60; B A child, brother, sister, or grandchild dies, marries or enters into a domestic partnership, or becomes 18 years of age or, if over age 18 and incapable of self-support, becomes capable of self-support; or C A parent or grandparent dies, marries or enters into a domestic partnership, or ceases to be dependent. 2 Notwithstanding the provisions of subparagraph (B) of paragraph (1) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he or she is a student as dened by 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries. A surviving spouse or domestic partner who is entitled to benets under this subchapter derived from more than one husband or wife shall elect one entitlement to be utilized. c On the cessation of compensation under this section to or on the account of an individual, the compensation of the remaining individuals, entitled to compensation or the unexpired part of the period during which their compensation is payable is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee. d When there are 2 or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Mayor may modify the apportionment to meet the requirements of the case.
378
CONTENTS
e In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2 as provided in 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. The total monthly compensation may not exceed: 1 The monthly pay computed under 1-623.14, except for increases authorized by 1-623.41; or 2 Seventy-ve percent of the maximum monthly rate of basic pay for GS-15 as provided in 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, or 73 f Notwithstanding any funeral and burial expenses paid under 1-623.34, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of subparagraph (A) of paragraph (1) of 1623.01 for reimbursement of the costs of termination of the decedents status as an employee of the District of Columbia government.
0.1.526
Funeral expenses; transportation of body.
If the relatives do not request the return of the body of the employee, the Mayor may provide for its disposition and incur and pay from the Employees Compensation Fund the necessary and reasonable transportation, funeral and burial expenses. a If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $5,000, at the discretion of the Mayor. b The body of an employee whose home was in the United States, at the discretion of the Mayor, may be embalmed and transported in a hermetically sealed casket to his or her home or last place of residence at the expense of the Employees Compensation Fund if: 1 The employee dies from:
379
A The injury while away from his or her home or ocial station or outside the United States; or B Other causes while away from his or her home or ocial station for the purposes of receiving medical or other services, appliances, supplies, or examination under this subchapter; and 2 The relatives of the employee request the return of the body.
0.1.527
Lump-sum settlements.
a The claimant may enter into an agreement with the Mayor or his or her designee for a lump-sum settlement.Such settlements must be in writing and signed by the Mayor or his or her designee and the claimant. If the claimant is represented by counsel, the settlement documents must also be signed by the attorney for the claimant.Such settlements are to be the complete and nal dispositions of a case and once approved require no further action by the Mayor or his or her designee. b In reaching an agreement for a lump-sum settlement pursuant to this section, the probability of the death of the beneciary before the expiration of the period during which he or she is entitled to compensation shall be determined according to the most current available United States Life Tables, as developed by the United States Department of Health and Human Services, but the lump-sum payment to a surviving spouse or domestic partner of the deceased employee may not exceed 60 months compensation. The probability of the occurrence of any other contingency aecting the amount or duration of compensation shall be disregarded. c On remarriage or entry into a domestic partnership before reaching age 60, a surviving spouse or domestic partner entitled to compensation under 1- 623.33 shall be paid a lump-sum equal to 24 times the monthly compensation payment (excluding compensation on account of another individual) to which he or she was entitled immediately before the remarriage or entry into a domestic partnership. d Lump-sum settlements may not be reviewed or modied under 1-623.24 or 1-623.28, except in case of fraud or misrepresentation by any party.
380
CONTENTS
0.1.528
Injury incurred; initial payments outside United States.
If an employee is injured outside the continental United States, the Mayor may arrange and provide for initial payment of compensation and initial furnishing of other benets under this subchapter by an employee or agent of the District of Columbia government designated by the Mayor for that purpose in the locality in which the employee was employed or the injury incurred.
0.1.529
Compensation for noncitizens and nonresidents.
a When the Mayor nds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulations, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he or she may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by: 1 The adoption or adaption of the substantive features, by a schedule or otherwise, of local workmens compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or 2 Establishing special schedules of compensation for injury, death and loss of use of members and functions of the body for specic classes of employees, areas, and place. Irrespective of the basis adopted, the Mayor may at any time: A Modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benets; B Modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and C Modify, limit, or redesignate the class or classes of beneciaries entitled to death benets, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneciaries otherwise specied by this subchapter.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) b In a case under this section, the Mayor or his or her designee may:
381
1 Make a lump sum award in the manner prescribed by 1-623.35 when he or she, or his or her designee, considers it to be for the best interest of the District of Columbia government; and 2 Compromise and pay a claim for benets, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law. Compensation paid under this subsection is instead of all other compensation from the District of Columbia government for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and satisfaction of all liability of the District of Columbia government in respect to the particular injury or death. c The Mayor may delegate to an employee or agency of the District of Columbia government, with such limitations and right of review as he or she considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise and pay a claim or class of claims for compensation, and to provide other benets, locally, under this section, in accordance with such rules, regulations, and instructions as the Mayor considers necessary. For this purpose, the Mayor may provide or transfer funds, including reimbursement of amounts paid under this subchapter. d The Mayor may waive the application of this subchapter in whole or in part and for such period or periods as he or she may x if the Mayor nds that: 1 Conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or 2 Claimants under this section are alien enemies. e The Mayor may apply this section retrospectively with adjustment of compensation and benets as he or she considers necessary and proper.
0.1.530
Minimum limit modication for noncitizens and aliens.
The minimum limit on monthly compensation for disability under 1-623.12 and the minimum limit on monthly pay on which death compensation is
382
CONTENTS
computed under 1-623.33 do not apply in the case of a noncitizen employee or a class or classes of noncitizen employees who sustain injury outside the continental United States. The Mayor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.
0.1.531
Student-employees.
A student-employee, as dened by 5351 of Title 5 of the United States Code, who suers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty.
0.1.532
Repealed.
Administration.
0.1.533
Cost-of-living adjustment of compensation.
On or after April 1, 1990, the Mayor shall award cost-of-living increases in compensation for disability or death whenever a cost-of-living increase is awarded pursuant to 1-611.05 and 1-611.06. The percentage amount and eective date of those increases shall be the same as for any increase granted under these sections. This section shall not apply to any collective bargaining agreements that are to the contrary.
0.1.534
Employees Compensation Fund.
a (1) For the purposes of this section, the term administrative expenses means, except as provided by subsection (b) of this section, any cost of administration or operation, whether executive, clerical, or otherwise, discretionary or nondiscretionary, that is not a payment directed to medical care, vocational rehabilitation, or employee compensation and benets; provided, that the term administrative expenses shall not include expenses for legal service performed by or for the Mayor under 1-623.31 and 1- 623.32. 2 There is established in the District of Columbia government the Employees Compensation Fund (Fund), which shall consists of sums that the Council of the District of Columbia government or Congress, from time
383
to time, may appropriate for or transfer to it and amounts that otherwise accrue to it under this chapter or other statute. The Fund is available without time limit for the payment of compensation and other benets and expenses, except administrative expenses, authorized by this chapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. 3 Notwithstanding the provisions of paragraph (2) of this subsection, for scal year 2009 only, an amount not to exceed $904,000 may be expended for the administrative expenses of the Fund. b The costs and expenses of the representation of the Mayor or his or her designee by the Corporation Counsel in proceedings under 1-623.24 and 1623.28 shall be paid out of the Employees Compensation Fund established by this section.
0.1.535
Compensation leave.
Any employee who has used leave as a result of a job-related injury or occupational disease or illness approved by the District government may have such leave restored to his or her credit in accordance with rules and regulations established by the Mayor.
0.1.536
Rules and regulations.
a The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this subchapter, including rules for modifying an award of compensation and for the conduct of hearings under 1-623.24. An award may be modied only in accordance with those regulations which shall include the following criteria relating to: 1 Exchange of information including a claimants opportunity to provide medical, vocational, or other information to the Mayor prior to a modication of benets; 2 Modication procedures including the manner and content of notices to a claimant concerning a proposed modication;
384
CONTENTS
3 The procedures for providing additional information concerning a claim, the type of information that may be submitted, and the manner in which all information will be considered; 4 When a modication may properly be made, and the manner of notice to a claimant of the nal decision; 5 Physical examinations including the weight that shall be given to competing medical reports; 6 File access including the manner in which a claimant or his or her attorney may request access to the claimants le; 7 Standard of review including the standard applicable to a modication process or appeal under this chapter; 8 Deadlines and extensions applicable to claimants and the Mayor, which also shall provide that a claimants failure to miss a deadline will be excused when good cause is found, a denition of good cause, and the procedures for determining whether good cause exists; and 9 Bases for modication including the legal bases upon which an award of compensation may be modied and the standards to determine whether a claimants change of condition would justify the modication.
0.1.537
Career and Educational Services retention rights.
a In the event the individual resumes employment with the District government, the entire time during which the employee was receiving compensation under this subchapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benets based upon length of service. b Under rules and regulations issued by the Mayor the department or agency which was the last employer shall:
385
1 Immediately and unconditionally accord the employee the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured or had a disability, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures, provided that the injury or disability has been overcome within two years after the date of commencement of compensation and provision of all necessary medical treatment needed to lessen disability or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District of Columbia government; or 2 If the injury or disability is overcome within a period of more than 2 years after the date of commencement of payment of compensation or the provision of medical treatment by the Disability Compensation Fund, make all reasonable eorts to place, and accord priority to placing the employee in his or her former or equivalent position within such department or agency, or within any other department or agency. c Nothing in this provision shall exclude the responsibility of the employing agency to re-employ an employee in a full-duty or part-time status.
0.1.538
Transfer of authority.
In accordance with 1-202.04(e), the disability compensation functions previously exercised by the United States Secretary of Labor relating to the processing of claims by injured employees of the District of Columbia are transferred to the Mayor on the date that this chapter becomes eective as provided in 1-636.02.
0.1.539
Modied work program.
a On a monitored, progressive basis, the Mayor may direct employees with temporary or partial disabilities to participate in a modied work program designed to provide consistent and appropriate assistance to employees to return to work quickly and safely. b Agencies shall provide employees who sustain an injury during the course of their employment with a modied duty assignment, if available.
386
CONTENTS
c The modied duty assignment shall be temporary. The modied duty assignment may have a minimum duration of 2 basic nonovertime workdays, as that term is dened in 1-612.01, and a maximum duration of 180 days (assigned in 90-day increments) in any 12-month period. For those employees whose basic nonovertime workday may exceed 8 hours such as police ocers or reghters, the basic nonovertime workday shall be the shift, or tour of duty, worked on a regularly recurring basis for the 3 months immediately preceding the injury. d An employee who is able to perform the duties of his or her pre-injury position during the modied duty assignment period shall be entitled to receive compensation at the same rate of pay as received prior to the injury. e An employee who is not able to perform the full scope of duties of his or her pre-injury position shall receive a modied rate of compensation closest to the rate prior to the injury, without exceeding it. A partial disability benet shall be applied if appropriate, at the rate of 66 2/3 f The pre-injury rate of pay shall not be exceeded during the modied duty assignment. g The District of Columbia government shall attempt to place injured employees within their pre-injury agency, or within another agency when modied work assignments are not available within the pre-injury agency. h Employees shall have the appropriate medical release from their treating physician to perform modied duty. The essential job functions of the modied work assignment shall be clearly described. The medical release shall include any specied restrictions and their anticipated duration. i Employees with disabilities who are oered a modied duty assignment and elect not to accept the modied duty assignment shall forfeit any further disability compensation benets. j The employee shall be given written notice of the available temporary modied duty assignment.
387
0.1.540
Policy.
The Mayor and the District of Columbia Board of Education shall issue rules and regulations establishing a procedure for the orderly furloughing of employees or termination of employees, taking full account of nondiscrimination provisions and appointments objectives of this chapter. Each agency shall be considered a competitive area for reduction-in-force purposes. A personnel authority may establish lesser competitive areas within an agency on the basis of all or a clearly identiable segment of an agencys mission or a division or major subdivision of an agency. When as a result of a reorganization order a function is transferred from 1 District agency to another District agency, the procedures for transferring the employees identied with the continuing function shall be negotiated with the recognized labor organization.
0.1.541
Procedures.
a Reduction-in-force procedures shall apply to the Career and Educational Services, except those persons separated pursuant to 1-608.01a(b)(2), and to persons appointed to the Excepted and Legal Services as attorneys and shall include: 1 A prescribed order of separation based on tenure of appointment, length of service including creditable federal and military service, District residency, veterans preference, and relative work performance; 2 One round of lateral competition limited to positions within the employees competitive level; 3 Priority reemployment consideration for employees separated; 4 Consideration of job sharing and reduced hours; and 5 Employee appeal rights. b (1) For purposes of this subchapter, a veterans preference eligibility will be dened in accordance with federal law and regulations issued by the U.S. Oce of Personnel Management;
388
CONTENTS
2 Creditable service in determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes; 3 Performance ratings documented and approved which recognize outstanding performance shall serve to increase the employees service for reductionin-force purposes by 4 years during the period the outstanding rating is in eect. Performance ratings may not be changed subsequent to the establishment of retention registers and issuance of reduction-in-force notices; and 4 Employees serving on temporary limited appointments or having unacceptable performance ratings are not entitled to compete for retention. c For purposes of this subchapter, each employee who is a bona de resident of the District of Columbia shall have 3 years added to his or her creditable service for reduction-in-force purposes. For purposes of this subsection only, a nonresident District employee who was hired by the District government prior to January 1, 1980, and has not had a break in service since that date, or a former employee of the United States Department of Health and Human Services at Saint Elizabeths Hospital who accepted employment with the District government eective October 1, 1987, and has not had a break in service since that date, shall be considered a District resident. d A reduction-in-force action may not be taken until the employee has been aorded at least 15 days advance notice of such an action. The notication required by this subsection must be in writing and must include information pertaining to the employees retention standing and appeal rights. e Notwithstanding any other provision of law, the Board of Education shall not require or permit non-school-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.
0.1.542
Responsibility.
The appropriate personnel authority shall be responsible for making a nal determination that a reduction in force is necessary and for ensuring that the provisions of this subchapter and rules and regulations issued pursuant
389
to this subchapter are applied when eecting a reduction-in-force within their respective agency.
0.1.543
Appeals.
An employee who has received a specic notice that he or she has been identied for separation from his or her position through a reduction-in-force action may le an appeal with the Oce of Employee Appeals if he or she believes that his or her agency has incorrectly applied the provisions of this subchapter or the rules and regulations issued pursuant to this subchapter. An appeal must be led no later than 30 calendar days after the eective date of the action. The ling of an appeal shall not serve to delay the eective date of the action.
0.1.544
[Reserved]
DC CODE 1-624.05 Current through December 11, 2012
0.1.545 0.1.546 0.1.547
Abolishment of positions for Fiscal Year 1996. [Repealed] Abolishment of positions for Fiscal Year 1997. [Repealed] Abolishment of positions for scal year 2000 and subsequent scal years.
a Notwithstanding any other provision of law, regulation, or collective bargaining agreement either in eect or to be negotiated while this legislation is in eect for the scal year ending September 30, 2000, and each subsequent scal year, each agency head is authorized, within the agency heads discretion, to identify positions for abolishment. b Prior to February 1 of each scal year, each personnel authority (other than a personnel authority of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997) shall make a nal determination that a position within the personnel authority is to be abolished.
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CONTENTS
c Notwithstanding any rights or procedures established by any other provision of this subchapter, any District government employee, regardless of date of hire, who encumbers a position identied for abolishment shall be separated without competition or assignment rights, except as provided in this section. d An employee aected by the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for retention, shall be entitled to one round of lateral competition pursuant to Chapter 24 of the District of Columbia Personnel Manual, which shall be limited to positions in the employees competitive level. e Each employee selected for separation pursuant to this section shall be given written notice of at least 30 days before the eective date of his or her separation. f Neither the establishment of a competitive area smaller than an agency, nor the determination that a specic position is to be abolished, nor separation pursuant to this section shall be subject to review except that: 1 An employee may le a complaint contesting a determination or a separation pursuant to subchapter XV of this chapter or 2-1403.03; and 2 An employee may le with the Oce of Employee Appeals an appeal contesting that the separation procedures of subsections (d) and (e) were not properly applied. g An employee separated pursuant to this section shall be entitled to severance pay in accordance with subchapter XI of this chapter, except that the following shall be included in computing creditable service for severance pay for employees separated pursuant to this section: 1 Four years for an employee who qualied for veterans preference under this chapter, and 2 Three years for an employee who qualied for residency preference under this chapter.
391
h Separation pursuant to this section shall not aect an employees rights under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to Chapter 24 of the District Personnel Manual. i With respect to agencies which are not subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the Mayor shall submit to the Council a listing of all positions to be abolished by agency and responsibility center by March 1 of each scal year or upon the delivery of termination notices to individual employees. j Notwithstanding the provisions of 1-617.08 or 1-624.02(d), the provisions of this chapter shall not be deemed negotiable. k A personnel authority shall cause a 30-day termination notice to be served, no later than September 1 of each scal year, on any incumbent employee remaining in any position identied to be abolished pursuant to subsection (b) of this section. l In the case of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the authority provided by this section shall be exercised to carry out the agencys management reform plan, and this section shall otherwise be implemented solely in a manner consistent with such plan.
0.1.548
Severance pay.
a An employee separated pursuant to this subchapter shall be entitled to severance pay in accordance with subchapter XI of this chapter, except as provided in this section. b Additional service credit shall be applied as follows:
1 Four years for an employee who qualies for veterans preference; and 2 Three years for an employee who qualies for District residency preference.
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CONTENTS
c The total severance pay received over an employees career in the District government shall not exceed 26 weeks of pay at the rate received immediately before separation.
0.1.549
Outplacement services for displaced employees in Fiscal Year 1996.
The outplacement services provided by the Mayor to employees displaced during Fiscal Year 1996 shall include provisions for the following: 1 Counseling services for stress and nance management; 2 Access to automated job information services; 3 Job fairs; 4 Coordination of training and job banks with the D.C. Chamber of Commerce, Business Coalition, and labor organizations; 5 Consulting with regional governments concerning job vacancies and job banks; 6 Workshops on writing resumes; and 7 Access to facsimile and copying machines, computers, typewriters, and telephones where local calls can be made to prospective employers.
0.1.550
Transition benets for displaced employees in Fiscal Year 1996.
a This section shall apply only to employees displaced as a result of a reduction-in-force in Fiscal Year 1996. b Any employee who is displaced as a result of the reduction-in-force procedure in Fiscal Year 1996 may be eligible for, to the extent there are Fiscal Year 1996 appropriations, the following:
393
1 Continuation of health insurance benets and premium contribution at the same rate as the employee had been subsidized by the District while an active employee for 2 months after separation or upon the commencement of new employment, whichever occurs rst; 2 Child care vouchers in the amount of $75 per week payable to a licensed day care provider for each week the displaced employee is certied to be unemployed for the 6-month period following separation or through the end of the rst week when the displaced employee is no longer unemployed, whichever occurs rst; and 3 Tuition assistance to attend any vocational training or GED program not to exceed one-half the yearly cost for any full-time District resident student at UDC. c The benets contained in subsection (b) of this section are subject to the following limitations: 1 The displaced employee must be a bona de District resident at the time of separation and must have led a District of Columbia income tax return in the 2 years prior to separation; 2 The continued coverage under subsection (b)(1) and (2) of this section for District employees enrolled in the Federal Employee Health Benets Plan and Federal Employees Group Life Insurance Plan are subject to the federal regulations governing these benets; 3 The employee must not have been the recipient of the early out or easy out retirement incentive or voluntary severance incentive programs in Fiscal Year 1996; 4 The limit of the Fiscal Year 1996 appropriations for this program; 5 The employee cannot have been oered a position with a contractor for government services under 2-352.05, and refused such oer of employment; 6 Nothing in subsection (b) of this section shall be construed as an entitlement to any benets; and
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7 No benets set forth in subsection (b) of this section shall be available in any future Fiscal Year without additional appropriations for those benets.
0.1.551
Administration of subchapter.
The Department of Employment Services shall have responsibility for the administration of this subchapter.
0.1.552
Reports.
The Department of Employment Services shall submit quarterly reports, until January 1, 1997, on the eectiveness of outplacement services.
0.1.553
Hatch Act retention.
The provisions of subchapter III of Chapter 73 of Title 5 of the United States Code, aecting political activities of employees of the District of Columbia, shall remain eective.
0.1.554
Protection of political rights of classroom teachers.
No provision of this subchapter shall be construed to limit the rights of classroom teachers to freely express political opinions.
0.1.555
Policy.
a It is the purpose of this subchapter to establish a nancially sound and equitable program of employee retirement benets. With respect to retirement systems, the Council recognizes that existing programs, including the program administered by the federal government, are not now nanced on an actuarially sound basis. Furthermore, the rights and benets conferred by these systems and the nancial implications for participation by employees vary signicantly among systems. b The responsibility for creating an actuarially sound nancial plan for existing retirement systems cannot and should not be borne solely by the District government. The Council therefore fully endorses the proposition that the federal government must assist the District government in establishing and maintain the necessary nancial base for all existing retirement systems.
395
0.1.556
Retirement systems.
Existing retirement systems, which include the Civil Service Retirement System (Chapter 83 of Title 5 of the United States Code), Teachers Retirement System, Police and Fire Retirement System, Teachers Insurance and Annuity Association programs, and the Judges Retirement System, shall continue to be applicable to all employees except that the Civil Service Retirement System pursuant to 5 U.S.C. 8331 shall not be applicable to employees rst employed after September 30, 1987.
0.1.557
District retirement benets.
The District shall provide retirement benets to all employees rst employed after September 30, 1987, who would otherwise have been covered under the Civil Service Retirement System pursuant to 5 U.S.C. 8331 except those specically excluded by law or by rule.
0.1.558
Denitions.
For the purpose of 1-626.05 through 1-626.12, the term: 1 (A) Creditable service means the period of employment to be recognized for purposes of eligibility for retirement benets, which shall be set forth in rules promulgated by the Mayor pursuant to 1-626.08. B For purposes of vesting pursuant to 1-626.10(b), creditable service for employees whose participation in the District Dened Contribution Plan ceases as a result of the implementation of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Pub.L. No. 105-33), shall also include continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997, or service performed for a successor employer that provides the services previously performed by the District government toward the vesting requirement of the Dened Contribution Plan. 2 Detention ocer means an employee who is not covered by the Police and Fire Retirement System, whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of oenses against, or violation of, the laws of the United States or the District and
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CONTENTS
whose duties may require frequent contact, supervision, inspection, training, employment, care, transportation, or rehabilitation of individuals in detention. The term detention ocer includes: A Employees engaged in the activities listed above who are transferred to a supervisory or administrative position; B Employees of the District of Columbia Department of Corrections, its industries, and utilities who are engaged in the activities listed above; C Employees of the Department of Human Services who are engaged in the activities listed above; and D Members of the Board of Parole, parole ocers, and probation ocers who are engaged in the activities listed above. 3 Employee means an individual rst employed by the government of the District after September 30, 1987, who would have been covered by the Civil Service Retirement System pursuant to 5 U.S.C. 8331 had the employee been rst employed prior to October 1, 1987. 4 Internal Revenue Code means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. 1 et seq.). 5 (A) Fiduciary means, except as otherwise provided in subparagraph (B) of this paragraph, any individual who, with respect to the District retirement benets program: i Exercises any discretionary authority or discretionary control respecting management of the Section 401(a) Trust established by 1-626.11 or exercises any discretionary authority or discretionary control respecting management of the Trusts assets; ii Renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the Trust, or has any authority or responsibility to do so; or iii Has any discretionary authority or discretionary responsibility in the administration of the Trust.
397
B If any money or other property of the Trust is invested in securities issued by an investment company registered under An Act to provide for the registration and regulation of investment companies and investment advisers, and for other purposes (15 U.S.C. 80a-1 et seq.), that investment shall not by itself cause the investment company or the investment companys adviser or principal underwriter to be deemed a duciary or a party in interest as those terms are dened in this chapter. Nothing contained in this subparagraph shall limit the duties imposed on that investment company, investment adviser, or principal underwriter by any other law. 6 The term party in interest means: A Any person having duciary responsibilities to the Trust;
B Any person providing services to the Trust; C The government of the District of Columbia; D An employee organization recognized as an exclusive representative of any participants in the Trust for purposes of collective bargaining pursuant to 1-617.10; and E A spouse or domestic partner, ancestor, lineal descendant, or spouse or domestic partner of a lineal descendant of any individual described in subparagraph (A) or (B) of this paragraph. 7 The term Trust shall mean the Section 401(a) Trust established by 1626.11.
0.1.559
District retirement benets program.
The retirement benets program of the District shall consist of: 1 A dened benet plan, as provided in 42 U.S.C. 301 et seq. (Social Security Act); 2 An employee deferred compensation plan pursuant to 457 of the Internal Revenue Code governed by Chapter 36 of Title 47; and
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CONTENTS
3 A dened contribution plan pursuant to 401(a) of the Internal Revenue Code.
0.1.560
Contracting authority.
The Mayor may select 1 or more contractors to provide services as may be part of the dened contribution plan under 1-626.05(3). Any contract under 1-626.05(2) and (3) shall be in accordance with the provisions of Chapter 3 of Title 2.
0.1.561
Eligibility.
a An employee is eligible to participate in the deferred compensation plan under 1-626.05(2) upon commencement of employment with the District. b An employee is eligible to participate in the dened contribution plan under 1-626.05(3) upon the completion of 1 year of employment with the District.
0.1.562
Rules; eligibility.
a In order to ensure proper implementation of the District retirement program under 1-626.05 by October 1, 1987, the Mayor may issue temporary rules regarding the District retirement program that shall not be subject to Council review. These temporary rules shall remain in eect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section. b The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. c The proposed rules shall prescribe the time, manner, and conditions under which employees are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or
399
conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, and employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of hazardous nature of employment.
0.1.563
Contributions.
a The District and each employee shall contribute to the dened benet plan under 1-626.05(1) the social security amounts mandated by federal law. b Each employee may voluntarily contribute to the deferred compensation plan under 1-626.05(2) in amounts not exceeding the limits set by 457 of the Internal Revenue Code. c The District shall contribute an amount equal to not less than 5
d In addition to the contribution under subsection (c) of this section, the District shall contribute no less than an additional .5
0.1.564
Vesting.
Years of Creditable Service Vested Percentage Less than 202203404605 or more100 a The employees contribution to the deferred compensation plan under 1- 626.05(2) and the earnings on those contributions shall vest immediately. b The Districts contributions to the dened contribution plan under 1626.05(3) and the earnings on the Districts contributions for each employee shall vest when the employee dies or becomes entitled to disability benets under the Social Security Act, or in accordance with the following vesting schedule: c The employees interest in the benets in the dened contribution plan that has not vested in accordance with subsection (b) of this section shall be forfeited after separation from employment. An employee in a dened contribution plan under 1-626.05(3) who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal
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CONTENTS
or suspension was unwarranted or unjustied shall be entitled to resume immediately participation in the dened contribution plan, with appropriate increases made in the Section 401(a) Trust to reect the District contributions that would have been made had the employee not been removed or suspended. An employee who is otherwise separated from employment and is later reinstated to employment with the District within 1 year of separation shall be entitled to immediately resume participation in the dened contribution plan. d (1) Notwithstanding subsections (b) and (c) of this section, the Districts contributions to the dened contribution plan under 1-626.05(3) for Devon Brown, Director of the Department of Corrections (Director Brown), and the earnings on the Districts contributions shall vest when Director Brown completes 5 years of creditable service with the District, dies, or becomes entitled to disability benets under the Social Security Act. 2 Director Browns interest in the benets in the dened contribution plan shall not be forfeited upon separation from employment if separation occurs prior to the completion of 5 years of creditable service as calculated pursuant to this subsection. 3 For the purposes of this subsection, creditable service shall be calculated as either consecutive service or a combination of dierent periods of service as a District government employee.
0.1.565
Establishment and administration of Section 401(a) Trust.
a There shall be established an irrevocable trust called the Section 401(a) Trust, that shall be managed so as to be exempt from income tax under 501(a) of the Internal Revenue Code. The funds contributed by the District under the dened contribution plan of 1-626.05(3) shall be placed in the Section 401(a) Trust. The assets of the Section 401(a) Trust shall be administered by the Mayor. b The cost of any contract for provisions of services as may be part of the dened contribution plan under 1-626.05(3) shall be paid solely from the assets of the Section 401(a) Trust or from a fund or funds established to administer the dened contribution plan.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) c Repealed by D.C. Law 11-110, 3 (43 DCR 530), e. April 18, 1996.
401
0.1.566
Payment of benets.
The payment of benets under the retirement programs under 1-626.05(2) and (3) shall be in accordance with the applicable provisions of 401(a) and 457 of the Internal Revenue Code.
0.1.567
Duties and liabilities of Trustee; exemptions; violations and sanctions.
a A duciary shall discharge his duties with respect to the Trust solely in the interest of the participants and beneciaries and: 1 For the exclusive purpose of providing benets to participants and beneciaries; 2 With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; 3 By diversifying the investments of the Trust so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and 4 In accordance with the provisions of law, documents, and instruments governing the retirement program to the extent that the documents and instruments are consistent with this chapter. b In addition to any liability which he may have under any other provision of this section, a duciary with respect to the Trust shall be liable for a breach of duciary responsibility of another duciary with respect to the Trust: 1 If he knowingly participates in, or knowingly undertakes to conceal, an act or omission of the other duciary, knowing the act or omission is a breach of duciary responsibility;
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CONTENTS
2 If, by his failure to discharge the responsibilities which give rise to his status as a duciary, he has enabled the other duciary to commit a breach of duciary responsibility; or 3 If he has knowledge of a breach of duciary responsibility by the other duciary, unless he makes reasonable eorts under the circumstances to remedy the breach. c Except as provided in subsections (f), (g), and (h) of this section, a duciary with respect to the Trust shall not cause the Trust to engage in a transaction, if he knows or should know that the transaction constitutes a direct or indirect: 1 Sale or exchange, or leasing, of any property between the Trust and a party in interest; 2 Lending of money or other extension of credit between the Trust and a party in interest; 3 Furnishing of goods, services, or facilities between the Trust and a party in interest; 4 Transfer to, or use by or for the benet of, a party in interest, of any assets of the Trust. d Except as provided in subsection (h) of this section, a duciary with respect to the Trust shall not: 1 Deal with the assets of the Trust in his own interest or for his own account; 2 In his individual or in any other capacity act in any transaction involving the Trust on behalf of a party (or represent a party) whose interests are adverse to the interests of the Trust or the interests of its participants or beneciaries; or 3 Receive any consideration for his own personal account from any party dealing with the Trust in connection with a transaction involving the assets of the Trust.
403
e A transfer of real or personal property by a party in interest shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien which the Trust assumes or if it is subject to a mortgage or similar lien which a party in interest placed on the property within the 10year period ending on the date of the transfer. f The prohibitions provided in subsection (c) of this section shall not apply to any of the following transactions: 1 Contracting or making reasonable arrangements with a party in interest for oce space, or legal, accounting, or other services necessary for the establishment or operation of the Trust, if no more than reasonable compensation is paid for it; 2 The investment of all or part of the Trusts assets in deposits which bear a reasonable interest rate in a bank or similar nancial institution supervised by the United States or a state (including the District), if such bank or other institution is a duciary of the Trust and if the investment is expressly authorized by the Mayor or by a duciary (other than the bank or institution or an aliate) who is expressly empowered by the Mayor to make such investment; 3 The providing of any ancillary service by a bank or similar nancial institution supervised by the United States or any state (including the District) if the bank or other institution is a duciary of the Trust and if: A The bank or similar nancial institution has adopted adequate internal safeguards which assure that the providing of the ancillary service is consistent with sound banking and nancial practice, as determined by federal or state supervisory authority; and B The extent to which the ancillary service is provided is subject to specic guidelines issued by the bank or similar nancial institution (as determined by the Mayor after consultation with federal and state supervisory authority), and adherence to the guidelines would reasonably preclude the bank or similar nancial institution from providing the ancillary service (i) in an excessive and unreasonable manner, and (ii) in a manner that would be inconsistent with the best interests of participants and beneciaries of the
404
CONTENTS
retirement program. The ancillary services shall not be provided for more than reasonable compensation; 4 The exercise of a privilege to convert securities, but only if the Trust receives no less than adequate consideration pursuant to the conversion; or 5 Any transaction between the Trust and a common or collective trust fund or pooled investment fund maintained by a party in interest which is a bank or trust company supervised by a state (including the District) or a federal agency, or a pooled investment fund of an insurance company qualied to do business in a state, if: A The transaction is a sale or purchase of an interest in the Trust;
B The bank, trust company, or insurance company receives not more than reasonable compensation; and C The transaction is expressly permitted by the Mayor, or by a duciary (other than the bank, trust company, insurance company, or any aliate) who has authority to manage and control the assets of the Trust. g Nothing in subsection (c) of this section shall be construed to prohibit any duciary from: 1 Receiving any benet to which he may be entitled as a participant or beneciary in the retirement program, so long as the benet is computed and paid on a basis which is consistent with the terms of the retirement program as applied to all other participants and beneciaries; 2 Receiving any reasonable compensation for services rendered, or for the reimbursement of expenses properly and actually incurred, in the performance of his duties with respect to the Trust; or 3 Serving as a duciary in addition to being an ocer, employee, agent, or other representative of a party in interest.
405
h The Mayor may submit to the Council for its approval by resolution proposed exemptions from all or part of the restrictions imposed by subsections (c) and (d) of this section. The Mayor shall only request exemptions that have been granted by the United States Secretary of Labor. Any proposed exemption submitted to the Council shall be accompanied by written ndings by the Mayor that the proposed exemption is administratively feasible, in the best interests of the Trust and its participants and beneciaries, and protective of the rights of participants and beneciaries of the Trust.
i (1) Any person who is a duciary with respect to the Trust who breaches any of the responsibilities, obligations, or duties imposed upon duciaries by this section shall be personally liable to make good to the Trust any losses to the Trust resulting from each breach and to restore to the Trust any prots of the duciary which have been made through the use of assets of the Trust by the duciary and shall be subject to whatever other equitable or remedial relief the court may deem appropriate, including removal of the duciary.
2 No duciary shall be liable with respect to a breach of duciary duty under this section if the breach was committed before he became a duciary or after he ceased to be a duciary.
3 No action may be commenced under this chapter with respect to a duciarys breach of any responsibility, duty, or obligation under this section later than 3 years from the date the plainti knew or should have known of the alleged breach, except that in the case of fraud or concealment, the action may be commenced not later than 6 years after the date of the plaintis discovery of the alleged breach or violation.
0.1.568
Civil actions.
A civil action may be brought by a participant or a beneciary of the Trust, or by the District, to enjoin any act or practice that violates any provision of this chapter or the terms of the retirement program, and for other appropriate legal and equitable relief. In any action under this chapter, the court in its discretion may allow the prevailing party, other than the District, a reasonable attorney fee and costs of action.
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CONTENTS
0.1.569
Policy.
a The District government recognizes that intergovernmental and private sector cooperation are essential factors in resolving problems aecting the District and that the temporary assignment of personnel between and among governmental agencies, at the same or dierent levels of government, private sector organizations, and institutions of higher education, is a signicant 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.
0.1.570
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 benets 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 benets to which he or she would otherwise be entitled. The salary and benets shall be paid by the receiving agency or organization except as otherwise agreed between the sending and the receiving agencies or organizations.
407
d The receiving agency or organization may grant annual leave or other time o 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, benets 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 suers 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 Districts disability compensation program, as an employee who has sustained such injury in the performance of such duty, but shall not receive disability or injury benets under that program for any period for which he or she is entitled to and elects to receive similar benets under the employee compensation of the receiving agency or organization.
0.1.571
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.
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CONTENTS
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 employees salary and fringe benets. 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 suers 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 Districts employee disability compensation program. An employee of a sending agency or organization is not entitled to benets under that program for any period for which he or she elects similar benets under the employee compensation program of his or her permanent employer.
0.1.572
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 eects 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
409
institution of higher education or be borne solely by either party to the agreement.
0.1.573
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 ocials 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 eective.
0.1.574
Special rules governing the assignment of employees from private sector organizations to the District.
a In addition to the requirements set forth in 1-627.05, the requirements in this section shall apply to all written agreements in which an employee of a private sector organization is assigned to work for a District government agency. b Prior to entering into an agreement to assign a private sector employee to a District agency, the head of the agency shall prepare a written determination and ndings explaining why the agency cannot use other District government personnel or procurement policies or procedures to secure the professional services that would be provided through the agreement. The head of the District agency shall not enter into an agreement for interagency personnel exchange with a private sector organization unless the Director of
410
CONTENTS
Personnel (or the Chief Technology Ocer, in the case of the Oce of the Chief Technology Ocer) or the independent personnel authority certies in writing that the agency has exhausted every eort to recruit its human resource needs through standard recruitment practices or ll its professional needs through standard procurement procedures without success. The Director of Personnel (or the Chief Technology Ocer, in the case of the Oce of the Chief Technology Ocer) or the independent personnel authority shall retain a copy of the determination and ndings as part of the ocial le for the agreement. c The agreement which contains the terms and conditions for the payment or reimbursement of salary, benets, and other expenses to the private sector organization shall provide that: 1 The private sector organization shall not receive compensation in a manner to earn a prot from the assignment of its personnel to the District agency; 2 An individual assigned to the District government from a private sector organization may receive compensation and fringe benets equal to those he or she would have received from the private sector organization in the absence of the assignment to the District agency and in no event shall the individual receive greater compensation or fringe benets than he or she would have received from the private sector organization in the absence of the assignment to the District agency; and 3 The District agency shall reimburse the private sector organization by paying for the documented salary; the cost of applicable fringe benets including payroll taxes, social security, unemployment insurance, workers compensation insurance, heath insurance, pensions, Federal Insurance Contributions Act payments; and general and administrative costs calculated in accordance with subsection (f) of this section, except that in the case of the Oce of the Chief Technology Ocer, general and administrative costs shall include reasonable overhead costs and shall be calculated by the Chief Technology Ocer (as determined under such criteria as the Chief Technology Ocer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and overhead costs for o-site employees found in Federal law and regulation and in general private industry practice).
411
d The private sector organization shall certify the accuracy of the cost of the salary, fringe benets, and general and administrative costs included in the reimbursement agreement. The District agency shall reserve the right to audit those costs under the circumstances and methods it deems appropriate. e A former District government employee shall be prohibited, for a period of 2 years after his or her separation from District government employment, from participating in a personnel exchange agreement between the District government and a private sector organization. f Not later than 45 days after the end of each scal year (beginning with scal year 2002), the Chief Technology Ocer shall prepare and submit to the Council and to the Committees on Appropriations of the House of Representatives and Senate a report describing all agreements entered into by the Chief Technology Ocer under this section which are in eect during the scal year. g Within 90 days of April 28, 2001, the Director of Personnel shall issue regulations governing the allowable reimbursement of general and administrative costs for the employees of private sector organizations assigned to work for a District agency. In developing the regulations, the Director of Personnel shall review standards used to calculate general and administrative costs for o-site employees found in federal law and regulation, and District of Columbia procurement regulations, and shall incorporate those standards into the implementing regulations for this title as the Director deems appropriate. h For the purpose of this section, the term:
1 General and administrative costs means any management, nancial, or other expense which is incurred by or allocated to a business unit and which is for the general management and administration of the business unit as a whole. 2 O-site employee means an employee who is detailed or assigned to the work site of another organization.
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0.1.575
Authority.
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 benecial to the personnel system. For the purposes of agreements with federal agencies under this subchapter, the provisions of 1-207.31 shall be met.
0.1.576
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.
0.1.577
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.
0.1.578
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).
0.1.579
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 Oce of Employee Appeals are issued and the provisions of subchapter XVI of this chapter become eective. The agreement of the Mayor may provide for the existing standards of cause for disciplinary actions to continue in eect for the duration of the agreement.
413
0.1.580
Waiver of claims for erroneous employees payments.
a In accordance with rules issued by the Mayor, the Mayor may waive with written justication, 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 benets, federal life insurance, or United States civil service retirement. d A decision by the Mayor to deny a waiver of the governments claim for erroneous employee payment shall be the nal 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.
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CONTENTS
g Nothing contained in this subchapter shall be construed to aect in any way the authority under any other statute to litigate, settle, compromise, or waive any claim of the government.
0.1.581
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.
0.1.582
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.
0.1.583
Collection of debts.
a Any debt authorized to be collected under this subchapter may be collected in monthly installments or at ocially 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
415
d If the employees employment ends before collection of the amount of the indebtedness is completed, deductions may be made from later nonperiodic government payments of any nature except retirement pay due the former employee without regard to the limit imposed by subsection (c) of this section.
0.1.584
Authority to collect infraction nes 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 ne 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, or any notice of infraction issued for a parking, standing, or stopping infraction as provided in subchapter III of Chapter 23 of Title 50. c If a responsible individual fails to pay a ne or fee imposed, the period for challenging the issuance of the notice of infraction has expired, and there is no nal 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.
0.1.585
Policy; agency may not require bonds.
a No agency may require or obtain surety bonds for any employee in connection with the performance of ocial duties. b The personal nancial liability to the District government of such employees and personnel is not aected by reason of subsection (a) of this section.
416
CONTENTS
c Whenever the following occurs: (1) It is necessary to restore or otherwise adjust the account of an accountable ocer or his or her agent for any loss to the District due to the fault or negligence of that ocer 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 aect the personal nancial liability of that ocer 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.
0.1.586
Policy; issuance of rules and regulations.
All ocial 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.
0.1.587
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.
0.1.588
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.
417
0.1.589
Rules and regulations aecting disclosure.
The Mayor shall issue rules and regulations governing the disclosure of ocial information contained in personnel records.
0.1.590
Employee access to ocial personnel record.
a (1) The ocial 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 ocial personnel record shall not be disclosed to any employee: A Information which has been received on a condential 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 employees physician would be injurious to the health of the employee, if disclosed; C Criminal investigative reports; D Suitability inquiries and condential questionnaires undertaken in accordance with rights aorded 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 ocial personnel record and seek to have irrelevant, immaterial, or untimely information removed from the record.
418
CONTENTS
c For the purpose of this subchapter, information other than a record of ocial 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 ocial record upon the nding by the agency head that the information is of such a nature. Prior to the removal of any information in the le, the employer shall notify the employee and give him or her an opportunity to be heard.
0.1.591
Denitions.
For the purpose of this subchapter: 1 The term employee means: A A civil ocer or employee in any branch of the District of Columbia government, including an ocer or employee of an instrumentality wholly owned by the District of Columbia government; B An individual rendering personal service to the District of Columbia government similar to the service of a civil ocer or employee of the District of Columbia, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service or authorizes payment of travel or other expenses of the individual, but does not include a member of the Metropolitan Police Department or the Fire Department of the District of Columbia who is pensioned or pensionable under 5-707 through 5-730; and C An individual selected pursuant to Chapter 121 of Title 28 of the United States Code and serving as a petit or grand juror and who is otherwise an employee for the purposes of this subchapter as dened by subparagraphs (A) and (B) of this paragraph. 2 The term physician includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as dened by law. The term physician includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor.
419
3 The term medical, surgical, and hospital services and supplies includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners, and hospitals within the scope of their practice as dened by District or state law and as designated by the Mayor to provide services to injured employees. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine, to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor. 4 The term monthly pay means the monthly pay at the time of injury or the monthly pay at the time disability begins or the monthly pay at the time compensable disability recurs if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the District, whichever is greater, except when otherwise determined under 1-623.13 with respect to any period. 5 (A) The term injury means: i Accidental injury or death arising out of and in the course and scope of employment; and ii Occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury. B The term injury includes: i An injury caused by the willful act of third persons directed against an employee because of his or her employment; and ii Damage to, or destruction of, eyeglasses, hearing aids, medical braces, articial limbs, and other medical devices and such time lost while such device or appliance is being replaced or repaired. 6 Repealed. 7 The term parent includes stepparents and parents by adoption.
420
CONTENTS
8 The terms brother and sister mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters. 9 The term child means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children and posthumous children, but does not include married children. 10 The term grandchild means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support. 11 Repealed.
12 The term compensation includes the money allowance payable to an employee or his or her dependents and any other benets paid for from the Employees Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death. 13 The term student means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is: A A school, college, or university operated or directly supported by the United States, by the District, by a state or local government, or political subdivision thereof; B A school, college, or university which has been accredited by the District, by a state, by a state-recognized or nationally-recognized accrediting agency or body; C A school, college, or university not so accredited, but whose credits are accepted on transfer by at least 3 institutions which are so accredited for credit on the same basis as if transferred from an institution so accredited; or
421
D An additional type of educational or training institution as dened by the Mayor. Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he or she shows, to the satisfaction of the Mayor, that he or she has a bona de intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Mayor, he or she is prevented by factors beyond his or her control from pursuing his or her education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period. 14 15 Repealed. Repealed.
16 The term organ means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back. 17 Utilization review means the evaluation of the necessity, character, and suciency of both the level and quality of medically related services provided an injured employee based upon medically related standards. 18 (A) The term managed care organization means an organization of physicians and allied health professionals organized to and capable of providing systematic and comprehensive medical care and treatment of injured employees which is designated by the Mayor to provide such care and treatment under this subchapter. B The term allied health professional means a medical care provider (including a nurse, physical therapist, laboratory technician, X-ray technician, social worker, or other provider who provides such care within the scope of practice under applicable law) who is employed by or aliated with a managed care organization. 19 The term claimant means a person who has applied for benets under this subchapter.
422 20 Repealed.
CONTENTS
21 The term surviving spouse or domestic partner means the spouse or domestic partner living with or dependent for support on the decedent at the time of his or her death, or living apart for reasonable cause or because of his or her desertion. 22 The term accident means an unexpected traumatic event during a single work shift identiable by time and place of occurrence and producing objective symptoms of an injury.
0.1.592 0.1.593
Appeals. [Repealed] Transfer of ocial personnel folders.
The system for the maintenance of the ocial 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.
0.1.594
Exchange of ocial 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 ocial personnel information, to the extent mutually agreed upon, between the District and federal government in accordance with limitations imposed by this subchapter.
0.1.595
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 eective as provided in subsection (b) of 1-636.02, shall continue in full force and eect 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 eect on the date that this section becomes eective as provided in subsection (b) of 1-636.02 shall remain in eect until superseded by a provision of this chapter. Such existing rules and regulations may be amended in accordance with existing provisions of law.
423
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 eective.
0.1.596
Specic supersession of existing laws and agreements.
a The following provisions of Title 5 of the United States Code are superseded for all employees of the District of Columbia Government: 1 General regulations authority. Provisions of: A 5 U.S.C. 1302(b) and (c) (relating to the development of regulations aecting employees of the District of Columbia); and B 5 U.S.C. 1304(a)(3) (relating to loyalty investigations aecting employees of the District of Columbia); 2 General provisions of law relating to employees. (A) 5 U.S.C. 2102(a)(3) (relating to employees of the District of Columbia in the competitive service); B 5 U.S.C. 2108(3)(E) (relating to certain preferences to veterans for employment with the District of Columbia government); and C 5 U.S.C. 2905(a) (relating to renewal of oaths by employees of the District government); 3 Employment and retention. (A) 5 U.S.C. 3101 (relating to general employment authority of the District of Columbia government); B 5 U.S.C. 3102(b)(1)(C) and (b)(2) (relating to the employment of readers for blind employees of the District of Columbia government); C 5 U.S.C. 3108 (relating to the employment of detective agencies by the District of Columbia government); D 5 U.S.C. 3110(b) (relating to the employment of relatives of incumbents by the District of Columbia government);
424
CONTENTS
E 5 U.S.C. 3315(a) and 3316 (relating to the employment of preference eligibles by the District of Columbia government); F 5 U.S.C. 3320 (relating to the District of Columbia government excepted service); G 5 U.S.C. 3323(a) (relating to automatic separations and the re-employment of annuitants by the District of Columbia government); H 5 U.S.C. 3333(a) and (b) (relating to loyalty of and striking against the government by employees of the District of Columbia government); I 5 U.S.C. 3351 and 3363 (relating to transfers and promotion of employees of the District of Columbia government); J 5 U.S.C. 3504 (relating to retention of preference eligible employees of the District of Columbia government); and K 5 U.S.C. 3551 (relating to restoration of positions after active or duty training by employees of the District of Columbia government); 4 Employee performance. (A) 5 U.S.C. 4101(1)(F) and (3), 4301(1)(F) and (2)(D) (relating to training and performance and ratings of employees of the District of Columbia government); and B 5 U.S.C. 4501(1)(G), (2)(B) and (3) (relating to incentive awards for employees of the District of Columbia government); 5 Pay and allowances. (A) 5 U.S.C. 5102(a)(1)(G) (relating to the classication of employees of the District of Columbia government); B 5 U.S.C. 5307(a)(1) (relating to the xing of pay by administrative action for certain employees of the District of Columbia government); C 5 U.S.C. 5337(a)(2) (relating to pay savings provisions for certain general schedule employees of the District of Columbia government);
425
D 5 U.S.C. 5344(b) (relating to the eective date of wage increases for certain employees of the District of Columbia government); E 5 U.S.C. 5349(a) (relating to employees in recognized trades and crafts employed by the District of Columbia government); F 5 U.S.C. 5351(1), 5352 and 5353 (relating to student employees employed by the District of Columbia government); G 5 U.S.C. 5504(a)(3), (b)(3)(D), 5506, 5508, 5515, 5521(1)(E), (3)(B), 5522(c), 5523(a)(1)(B), (c), 5527(b), 5531(2), 5532, 5534, 5534a, 5537(a)(2), 5541(1)(G), (2)(B), (2)(C)(ii), (iii), (iv), 5546(b), 5551(a), 5552, 5581(1)(B), (2), 5583(b)(1), 5595(1)(D), (d), (f) and 5596(a)(5) (relating to pay administration for employees of the District of Columbia government); H 5 U.S.C. 5701(1)(E), (5) and 5721(1)(H) and (4) (relating to travel, transportation, and subsistence allowances for employees of the District of Columbia government); and I 5 U.S.C. 5901(a), 5945 and 5946(1) (relating to certain allowances for employees of the District of Columbia government); 6 Leave. 5 U.S.C. 6101(a)(1), (a)(2), (a)(3), (a)(4), 6103(c), 6104, 6301(2)(B), 6306(a), 6307(a), (c), 6308, 6322(a), (b), 6323, 6324(a), (b)(1), and 6326(a) (relating to attendance and leave provisions for employees of the District of Columbia government); 7 Loyalty, striking and civil disorders. 5 U.S.C. 7311, 7313(a), and 7351 (relating to loyalty, striking and participation in civil disorders by employees of the District of Columbia government and rendering gifts to supervisors); 8 Adverse actions. 5 U.S.C. 7511(1) (relating to adverse actions aecting certain employees of the District of Columbia government); 9 Safety programs. 5 U.S.C. 7902(a)(2) (relating to safety programs for employees of the District of Columbia government); and
426
CONTENTS
10 Compensation for work injuries. 5 U.S.C. 8101(1)(D) and 8139 (relating to workmens compensation claims for employees of the District of Columbia government). b Notwithstanding the provisions of this subchapter or Title 5 of the United States Code, the Mayor is authorized to establish rates of pay for employees in the Career, Excepted and Executive Services of the District of Columbia government. Such rates of pay shall be established in accordance with the provisions of subchapter XI of this chapter.
0.1.597
Police ocers and re ghters appointed after the date this chapter becomes eective.
a The following provisions shall not apply to police ocers and re ghters appointed after the date that this chapter becomes eective as provided in 1-636.02: 1 (A) Section 5-541.01, note; B Sections 5-101.02, 5-105.01(a), 5-133.03, 5-133.07, 5- 123.01, 5-133.08, and 5-133.10; C Sections 5-127.03, 5-105.03, 5-133.09, 5-133.10, and 5- 111.01; D Section 5-105.04;
E Section 5-105.06; F Sections 5-105.07 and 5-403; G Section 5-133.04; H I J Sections 5-111.03 and 5-406; Section 5-410; Sections 5-131.01 through 5-131.05;
K Section 5-133.12;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) L M N Sections 5-402(a), 5-404, and 5-407; Section 5-405; Section 5-408;
427
O Section 5-409; P Section 5-701 et seq.;
Q Sections 5-1001 through 5-1003; R S T Section 5-901 et seq.; Section 5-542.01 et seq.; Section 5-501.01;
U Sections 5-521.01, 5-521.02, and 5-521.03 insofar as it aects police ofcers and reghters employed by the District of Columbia; V W Section 5-521.02; Sections 5-1302 and 5-1303;
X Section 5-1304 insofar as it aects police ocers and reghters employed by the District of Columbia; Y Z Section 5-1305; Sections 5-105.05, 5-127.01, and 5-133.06; Section 5-133.02; Sections 5-131.02, 5-131.03, and 5-131.04; and
AA BB
CC Section 5-127.02.
428
CONTENTS
2 (A) Reorganization Order 39, June 18, 1953, as amended (relating to re trial boards); and B Reorganization Order 48, June 26, 1953, as amended (relating to police trial and review boards). b Notwithstanding subsections (a) or (c) of this section, no provision of law aecting the United States Park Police, United States Secret Service Uniformed Division or Secret Service shall be deemed to be aected. c Notwithstanding the provisions of subsection (a)(1)(B) of this section, or of any other law or regulation, for members of the Metropolitan Police Department, the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines as provided in 5-105.01.
0.1.598
[Reserved]
0.1.599
[Reserved]
0.1.600
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 aect employees of the District of Columbia government shall not be aected 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;
429
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 Ocer Civil Rights Act (D.C. Law 2-71).
0.1.601
Miscellaneous provisions.
a Commissioners 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, Commissioners Order, Mayors Order, Mayors 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 eective 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 eective date of this chapter.
430
CONTENTS
d Notwithstanding any other provision of this chapter, wherever federal merit system standards are applicable to a District program nanced 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.
0.1.602
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 conict: 1 Subchapter II will govern conicting 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.
0.1.603
Authorization of appropriations.
Appropriations necessary to carry out the purposes of this chapter are hereby authorized.
0.1.604 0.1.605
Annual report. [Repealed] 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 unaected by such a declaration.
0.1.606
[Reserved]
0.1.607
Eective date provisions.
a The provisions of subchapters IX (except 1-609.04, 1-609.07, and 1690.09) and X of this chapter, subsection (a) of 1-605.01, subsection (a) of 1-606.01 and 1-606.02 shall become eective 15 days after March 3, 1979.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) b
431
The provisions of 1-632.01 shall become eective on March 3, 1979.
c The provisions of 1-611.09 shall become eective on March 3, 1979: Provided, however, that such provisions shall only apply to the Mayor, Chairman and members of the Council taking the oath of oce after January 1, 1979. d The provisions of 1-617.17 shall become eective on September 1, 1978, and shall apply to all negotiations for compensation as authorized under 1-617.16 for compensation to be paid on and after January 1, 1980. e The provisions of 1-611.13 shall become eective on March 3, 1979, apply retroactively to compensation to be paid as provided therein after September 30, 1978, and expire on September 30, 1980: Provided, however, that if a collective bargaining agreement concerning compensation is entered into between appropriate personnel authorities (management) and recognized labor organizations for employees of the Metropolitan Police Department, the District of Columbia Fire Department, or the District of Columbia Board of Education which supersedes the provisions of 1-611.13, such provisions shall expire on the day after the date that the agreements terms commence. f The Oce of Employee Appeals and the Public Employee Relations Board shall each issue rules and regulations for the conduct of their respective business, as provided in 1-604.04(f) and 1-606.02(a)(5), and 1604.04(e) and 1-605.02(11), respectively, within 180 days of their appointment. g The provisions of 1-605.02(11) shall be eective on the date following the day that the members of the Public Employee Relations Board have been appointed: Provided, however, that employees of the Public Employee Relations Board shall provide sta support to the Board of Labor Relations from the date of its taking oce. h The provisions of subchapters I, II, III, IV, VII, XV, XVIII, XX, XXI, XXII, XXIII, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXIII, XXXIV, and XXXV of this chapter, and 1-625.01 and 1-625.02 shall become eective on April 1, 1979, or on the 60th day following March 3, 1979, whichever is later.
432
CONTENTS
i The provisions of subchapters V, VI, XVI, and XVII of this chapter and 1-632.03(2) shall become eective 60 days after the date that rules and regulations are issued by the respective Oce of Employee Appeals and the Public Employee Relations Board. j The provisions of subchapters VIII, VIII-A, XI, XII, XXIII, XIV, XIX, and XXIV of this chapter shall become eective on January 1, 1980: Provided, however, that any earlier date contained within such subchapters shall be eected. k The provisions of 1-609.04, 1-609.07, and 1-609.09 shall become eective on January 1, 1980. l The provisions of this section shall become eective on March 3, 1979.
m The provisions of subchapter XXXII of this chapter shall become eective as follows: 1 Paragraphs (1), (2), (3), (4), (5), and (6) of subsection (a) of 1-632.02 shall become eective on January 1, 1980; 2 Paragraphs (7) and (8) of subsection (a) of 1-632.02 shall become eective as provided in subsection (i) of this section; 3 Paragraphs (9) and (10) of subsection (a) of 1-632.02 shall become eective as provided in subsection (h) of this section; 4 Section 1-632.03 shall become eective on January 1, 1980; 5 Sections 38-101, 38-105, 38-802, 38-1963 note, 38-1968, 38- 1202.04, 381202.06, and 38-1204.05 shall become eective on January 1, 1980; 6 Sections 1-207.61, 1-333.07, 1-321.01, 1-333.09, 1-1217, 1-207.33, 1-207.52, 1-1001.04 to 1-1001.06, 1-1011.01, 1- 1031.01, 1-1031.02, 1-1103.01, 2-1201.04, 2-1312, 2-1604, 2- 1605, 3-1612, 3-327, 3-604, 3-606, 3-2903, 3-2301.08, 472886.08, 3-3616, 4-105, 6-101.03, 6-641.13, 6-902, 6-301.13, 7-2205, 7-503.02, 10-212, 25-104, 29-101.120, 29-301.93, 38-1304, 38-1305, 39-205, 44-708, 441919, 48-902.13, 32- 807, 32-1402, 39-105, 50-2201.03, 50-2608, 50-1216,
433
34-801, 34-804, 34-806, 42-1203, 42-1204, 42-1723, 51-113, 47- 113, 47-825, 47-2409, and Organization Order No. 127 shall become eective on January 1, 1980; 7 Sections 1-1105.01, 1-1106.01, and 1-1106.02 shall become eective as provided in subsection (a) of this section; 8 Section 1-633.06 shall become eective on March 3, 1979; 9 Subsection (a) of 1-632.07 shall become eective as provided in subsection (i) of this section; 10 Subsection (d) of 1-632.07 shall become eective on January 1, 1980;
11 Sections 4-838, 4-839, and 31-1501a shall become eective as provided in subsection (d) of this section; 12 Subsections (b) and (c) of 1-632.07 shall become eective on March 1, 1980; 13 14 Section 1-632.08 shall become eective on March 3, 1979; and Section 1-632.03(1) and (3) shall become eective on January 1, 1980.
n Notwithstanding any other subsection of this section, any personnel authority or agency vested with authority to issue rules and regulations pursuant to 1-604.04 may issue such rules and regulations prior to the eective date of such authority. o Persons performing personnel functions to be transferred to the Oce of Personnel under the authority of 1-604.07 shall be transferred no later than 90 days after the Oce is created.
0.1.608
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
434
CONTENTS
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.
0.1.609
Disability income protection.
The Mayor shall establish a disability income program to include shortand long-term disability insurance which shall provide coverage for non-jobrelated injuries and illnesses.
0.1.610
Rules; eligibility.
a In order to ensure proper implementation of the group life insurance under 1-622.05 by October 1, 1987, the Mayor may issue temporary rules
435
regarding the group life insurance that shall not be subject to Council review. These temporary rules shall remain in eect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section. b The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess.If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. c The proposed rules shall prescribe the time, manner, and conditions under which employees are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, and employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.
0.1.611
Special contingency reserve.
a An excess of the total of 1-622.12(a)(1) over the sum of 1- 622.12(a)(2) and (a)(3) shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy purchased under 1-622.05. b The special contingency reserve shall bear interest at a rate determined in advance of each policy period by the company from which the insurance was purchased under 1-622.05 and approved by the Mayor as being consistent with the rates generally used by the company from which the insurance was purchased under 1-622.05 for similar funds held under other group life insurance policies. c When the Mayor determines that the amount of the special contingency reserve is sucient to provide for adverse uctuations in future charges under the policy, any funds in excess of that amount may be used to increase benets, to reduce premiums, or both, or may be deposited in the General Fund of the District.
436
CONTENTS
d When a policy purchased under 1-622.05 is discontinued, any balance remaining in the special contingency reserve after all charges have been paid shall be deposited in the General Fund of the District. e When a policy purchased pursuant to 1-622.05 is replaced by a successor policy, either by a new policy under a contract with the same life insurance company or by a policy under a new contract with another life insurance company, any balance remaining in the special contingency reserve shall be transferred to the special contingency reserve for the new policy.
0.1.612
Annual accounting; reports.
a Each policy purchased by the District under 1-622.05 shall provide for an accounting by the company from which the insurance was purchased to the Mayor not later than 90 days after the end of each policy year. The accounting shall set forth, in form approved by the Mayor: 1 The amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year; 2 The total of all mortality and other claim charges incurred for that period; and 3 The amounts of the companys expenses and risk charges incurred for that period. b Each contract entered into under 1-622.05 shall require the company to:
1 Furnish reasonable reports as the Mayor determines to be necessary to enable the District to carry out its functions under this subchapter; and 2 Permit the Mayor to examine records of the company as may be necessary to carry out the purposes of this subchapter.
0.1.613
District contributions.
a For each pay period in which an employee or annuitant is insured under a policy of insurance purchased under 1-622.05, a sum computed at a rate determined by the Mayor shall be contributed from the appropriation or
437
fund that is used to pay the employee or annuitant to the carrier of the plan that the employee or annuitant has selected. This sum shall not exceed onehalf the amount that is withheld from the compensation of the employee or annuitant under 1-622.10 for basic life insurance coverage. b The Districts contribution for annuitants shall be paid from the trust fund established in 1-621.09.
0.1.614
Employee deductions; withholdings; payments.
a During each pay period in which the employee or annuitant is insured under a policy of insurance purchased by the District under 1-622.05, an amount determined by the Mayor shall be withheld from the compensation of the employee or the annuity of the annuitant as his or her share of the cost of the group life insurance benets purchased under 1-622.05. The amount withheld from an employee or annuitant paid on other than a biweekly basis shall be determined at a proportional rate adjusted to the nearest cent. b During each pay period in which an employee receiving disability compensation benets pursuant to subchapter XXIII of this chapter is insured under a policy of group life insurance purchased by the District under 1622.05, an amount determined by the Mayor shall be withheld from the disability compensation benets of the individual as his or her share of the cost of the group insurance. c There shall be paid by each annuitant who received his or her benets as a lump sum payment an amount equal to the cost of the life insurance plan less the amount of the District contribution to the life insurance plan for the annuitant.
0.1.615
Termination of insurance.
a A policy purchased under 1-622.05 shall contain a provision, approved by the Mayor, providing that insurance on an employee ends 1 month after separation from the District or after discontinuance of pay, with provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Mayor.
438
CONTENTS
b An employee in a group life insurance plan under 1-622.05 who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustied may, at the employees option, enroll as a new employee or have the employees coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and eect as though the removal or suspension had not taken place.
0.1.616
Death claims; order of precedence; viatical settlements.
a Except as provided in subsection (a-1) of this section, the amount of group life insurance in force for an employee or annuitant at the date of the employee or annuitant death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of the death of the employee or annuitant, in the following order of precedence: 1 To the beneciary or beneciaries designated by the employee or annuitant in a signed and witnessed writing executed and led before death; 2 If there is no designated beneciary, to the widow or widower of the employee or annuitant; 3 If none of the above, to the child or children of the employee or annuitant and descendants of a deceased child or children by representation; 4 If none of the above, to the parents or parent of the employee or annuitant; 5 If none of the above, to the duly appointed personal representative of the estate of the employee or annuitant; or 6 If none of the above, to the other next of kin of the employee or annuitant under the laws of the domicile of the employee or annuitant at the date of death. a-1 (1) Except as provided in paragraph (2) of this subsection, pursuant to rules and regulations prescribed by the Mayor, each policy purchased
439
pursuant to 1-623.5 shall provide that an insured employee or former employee who is terminally ill may make a viatical settlement, which is an irrevocable assignment of all the employees or former employees incidents of ownership in the policy. The assignment shall automatically cancel any designation of beneciary the insured person might have made, and the insured person shall no longer have the right to designate a beneciary. The assignee shall assume the right to convert the insurance when the insured employees employment circumstances would have provided this option to the insured employee. 2 The assignment shall exclude accidental dismemberment insurance and family optional insurance. b If no claim has been led by any of the persons set forth in subsection (a) of this section or an assignee pursuant to subsection (a-1) of this section within 4 years of the date of death of an employee or annuitant, then the funds shall be deposited into the General Fund of the District of Columbia to be kept for safekeeping and disbursed in accordance with Chapter 1 of Title 41.
0.1.617
Group insurance; amounts.
a The group life insurance amounts purchased by the District under 1622.05 shall be no less than the insurance amounts provided under the Federal Employees Group Life Insurance (F.E.G.L.I.) plan pursuant to 5 U.S.C. 8702, in eect as of October 1, 1987. b Employees shall be oered the option of purchasing additional coverage for themselves, and for their spouses and dependent children, and the cost of the additional coverage shall be borne solely by the employees purchasing that coverage, except Executive Service employees.
0.1.618
Automatic coverage; description of benets.
a Except as provided in subsection (b) of this section, an employee is automatically insured on the date the employee becomes eligible for insurance. Each policy purchased by the Mayor under 1-622.05 shall provide for this automatic coverage.
440
CONTENTS
b An employee who does not wish to be insured shall give written notice to the employees employing oce or such other oce designated by the Mayor on a form prescribed by the Mayor. If notice is received before the employee becomes insured, then the employee shall not be insured. If notice is received after the employee has become insured, the insurance will end at the end of the pay period in which the notice was received. c The Mayor shall make available to each insured employee or annuitant a written statement or summary of: 1 The benets to which the employee, annuitant, or member of the family of the employee or annuitant are entitled; 2 The procedures for obtaining benets; and 3 The principal provisions of the policy in eect.
0.1.619
a The Mayor may purchase from 1 or more life insurance companies a policy or policies of group life insurance to provide the benets set forth in 1622.07 from a life insurance company licensed to provide life and accidental death and dismemberment insurance under the laws of the District. Any contract under this section shall be in accordance with Chapter 3 of title 2. b The Mayor may discontinue at any time a policy purchased from a company under subsection (a) of this section.
0.1.620
Denitions.
For the purposes of 1-622.05 through 1-622.14, the term: 1 Annuitant means: A An employee rst employed by the District after September 30, 1987, who has subsequently retired pursuant to any of the following: i Teachers Retirement System ( 38-2001.01 to 38-2023.16);
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) ii iii iv Police and Fire Retirement System ( 5-707 to 5-730); Judges Retirement System ( 11-1561 to 11-1571); or Teachers Insurance and Annuity Association programs; or
441
B An employee rst employed by the District after September 30, 1987, who has subsequently separated pursuant to the District Retirement Benet Program ( 1-626.03 to 1-626.14) after any of the following: i Reaching 57 years of age and having completed 25 years of creditable District service in a law enforcement position; ii Becoming entitled to retirement benets under the Social Security Act; or iii Becoming entitled to disability benets under the Social Security Act.
2 Dependent child includes: A An adopted child; and
B A stepchild, foster child, or natural child of an employee or annuitant. 3 Employee means an individual rst employed by the District after September 30, 1987. 4 Member of family means: A The spouse of an employee or annuitant;
B An unmarried dependent child under 22 years of age; C An unmarried dependent child under 25 years of age who is a full-time student; and D An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age 22.
442
CONTENTS
5 Viatical settlement means an irrevocable assignment of all an employees or former employees incidents of ownership in a life insurance policy.
0.1.621
District life insurance benets.
The District shall provide the group life insurance benets set forth in 1622.07 to all employees of the District rst employed after September 30, 1987, except those specically excluded by law or by rule.
0.1.622
Benet program study.
Within 18 months after March 3, 1979, the Mayor shall transmit a study to the Council concerning development of a program of disability income protection to be made available to employees through collective bargaining and a program of low cost legal services for employees.
0.1.623
Federal life insurance benets.
The life insurance benets provisions of Chapter 87 of Title 5 of the United States Code shall apply to all employees of the District government rst employed before October 1, 1987, except those specically excluded by law or rule and regulation. Procedures established for administering the life insurance benets program within the District government shall be consistent with law and civil services rules.
0.1.624
Post-employment benets.
a An annuitant may be eligible for the post-employment health benets as set forth in 1-621.05. b To be eligible for post-employment health benets, the annuitant must:
1 Retire with at least: A 10 years of creditable District service if the annuitant retired under the District Retirement Benet Program, the Teachers Retirement System, the Judges Retirement System, or the Teachers Insurance and Annuity Association programs; or
443
B 10 years of creditable District service if the annuitant retired under the Police and Fire Retirement System and the annuitant was hired on or after November 10, 1996; or C 5 years of creditable District service if the annuitant retired under the Police and Fire Retirement System and the annuitant was hired before November 10, 1996; 2 Be enrolled in a health benet plan under 1-621.05 at the time of retirement; 3 Have been continuously enrolled in a health benet plan under 1- 621.05 for a period of at least 5 years preceding the annuitants retirement date; and 4 Remain continuously covered under a health benet plan under 621.05. 1-
b-1 In addition to annuitants eligible under this section for the postemployment health benets as set forth in 1-621.05, individuals described in 1-621.09(k) shall also be eligible for such benets and those individuals shall be considered annuitants for the purposes of this section. c If an annuitants coverage in a health benet plan under 1-621.05 ends, for any reason, the annuitant shall cease to be eligible for post-employment health benets and shall not re-enroll, as an annuitant, in a health benet plan under 1-621.05. d Upon the death of an annuitant who is enrolled in a health benet plan under 1-621.05 with family coverage, the annuitants surviving spouse and dependent children who are covered under the health benet plan at the time of death may continue enrollment in a health benet plan under 1-621.05.
0.1.625
Information about Post Employment Benet Plans.
Upon a request of the District of Columbia Retirement Board, the Mayor, the Chief Financial Ocer, the Chairman of the District of Columbia Public Charter School Board, the President of the Board of Education, or their successors, shall furnish to the Retirement Board information with respect
444
CONTENTS
to health benet plans that the Retirement Board considers necessary to enable it to carry out its responsibilities under this chapter.
0.1.626 0.1.627
Reimbursement of excess premium costs. [Expired] Continued health benets coverage.
A District government employee who is separated from service, or an employees dependent who ceases to be a dependent, may be eligible for extended health benet coverage in accordance with rules issued by the Mayor. The rules shall be as consistent as possible with federal regulations governing extended health benets for District government employees enrolled in the Federal Employee Health Benets Plan.
0.1.628
Rules; eligibility.
a In order to ensure proper implementation of the health benet plans under 1-621.05 by October 1, 1987, the Mayor may issue temporary rules regarding the health benet plans that shall not be subject to Council review. These temporary rules shall remain in eect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section. b The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. c The proposed rules submitted pursuant to subsection (a) of this section shall prescribe the time, manner, and conditions under which employees and annuitants are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, or employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.
445
d The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter, including rules related to post-employment health benets coverage, including structuring coverage so that it is secondary to other coverage (including Medicare).
0.1.629
Evaluations; reports; audits.
a The Mayor shall make periodic evaluations of the operation and administration of the health benet plans provided under 1-621.05. b Each contract entered into under 1-621.04 shall require the carrier to:
1 Furnish reasonable reports as the Mayor determines necessary to enable the District to carry out its functions under this subchapter; and 2 Permit the Mayor to examine records of the carriers as may be necessary to carry out the purposes of this subchapter.
0.1.630
Coverage of restored employees.
An employee enrolled in a health benet plan under 1-621.02 who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unwarranted or unjustied may, at the employees option, enroll as a new employee or have the employees coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and eect as though the removal or suspension had not taken place.
0.1.631
Information to employees.
a The Mayor shall make available to each employee information as may be necessary to enable the employee to exercise an informed choice among the types of health benet plans oered. b The Mayor shall make available to each employee and annuitant enrolled in a health benet plan a written statement or summary of: 1 The services or benets, including maximums, limitations, and exclusions, to which the employee, annuitant, or member of the family of the employee or annuitant are entitled;
446 2 The procedures for obtaining benets; and
CONTENTS
3 The principal provisions of the health benet plan aecting the employee, annuitant, or member of the family of the employee or annuitant.
0.1.632
District contribution.
a The Districts contribution to the cost of any health benet plan shall be an amount equal to 75 b The Mayor shall determine the amount of the District contribution for individual and for self and family enrollments before the beginning date of each contract period. c There is established the Annuitants Health and Life Insurance Employer Contribution Trust Fund (Fund) from which the Districts contribution for health and life insurance for annuitants shall be paid. The monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District. d Every scal year, the Chief Financial Ocer shall deposit into the Fund the amount that has been appropriated for the purpose of funding the District contribution for the health and life insurance premiums of annuitants. The Chief Financial Ocer may also deposit into the Fund any balances in rate stabilization fund reserves that are refunded to the District by a health insurance carrier. e Notwithstanding the other provisions of this chapter, the Mayor may issue rules to establish vesting requirements for the provision of other postemployment benets to annuitants. Any proposed rules promulgated by the Mayor shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules within the 60day period, by resolution, the proposed rules shall be deemed disapproved. f In the case of an annuitant who has separated pursuant to the District Retirement Benet Program, no contribution shall be made by the District until the annuitant attains 62 years of age. The annuitant shall pay 100
447
g In the case of an annuitant described in subsection (g) of this section who retired pursuant to the Teachers Retirement System, or the Judges Retirement System or the Teachers Insurance and Annuity Association programs, the District shall pay the portion of the cost of any health benet plan selected by the annuitant in accordance with subsection (h) of this section. h The District contribution to post-employment health benets for an annuitant described in subsection (g) of this section (and following the annuitants death, the annuitants eligible family members) shall be determined as follows: 1 For annuitants who retire with at least 10 years of creditable District service, but less than 30 years of creditable District service, the District contribution to the cost of a health benet plan selected by the annuitant shall be an amount equal to 25 2 For annuitants with 30 or more years of creditable District service, the District contribution shall be an amount equal to 75 3 For annuitants who are injured or killed in the line of duty, the Districts contribution shall be an amount equal to 75 i In the case of an annuitant who retired pursuant to the Police and Fire Retirement System, the District shall pay the portion of the cost of any health benet plan selected by the annuitant in accordance with subsection (j) of this section. j The District contribution to post-employment health benets for an annuitant (and following the annuitants death, the annuitants eligible family members) shall be determined as follows: 1 For annuitants hired before November 10, 1996, who retire with at least 5 years of creditable District service, the District contribution shall be an amount equal to 75
448
CONTENTS
2 For annuitants hired on or after November 10, 1996, with at least 10 years of creditable District service, but less than 25 years of creditable District service, the District contribution to the cost of a health benet plan selected by the annuitant shall be an amount equal to 30 k In the case of an individual who would otherwise be subject to the Police and Fire Retirement System upon retirement but who is killed in the line of duty and in the case of an individual who retires under the Police and Fire Retirement System due to an injury that occurred in the line of duty, the District shall pay the portion of the cost of any health benet plan selected by the individual or the individual family member in accordance with subsection (1) of this section. l For an individual covered by subsection (k) of this section, the Districts contribution to the cost of the selected health benets plan of the individual shall be an amount equal to 75 m An individual described in subsection (k) of this section shall be considered an annuitant for the purposes of this section.
0.1.633
Employee deductions and withholdings.
a During each pay period in which an employee or an annuitant is enrolled under 1 of the health benet plans there shall be withheld from the compensation of each employee and from the annuity of each annuitant or there shall be paid by each annuitant who received his or her benets as a lump sum payment an amount equal to the cost of the selected health benet plan less the amount of the District contribution for the employee or the annuitant. The amount withheld or paid by the employee or the annuitant, together with the Districts contribution, shall be transferred to the carrier of the health benet plan selected by the employee or the annuitant. b During each pay period in which an individual receiving disability compensation benets pursuant to subchapter XXIII of this chapter is enrolled under 1 of the health benet plans, there shall be withheld from those benets an amount equal to the cost of the selected health benet plan less the amount of the District contribution for the enrolled individual. The amount withheld from the employee or the annuitant, together with the Districts contribution, shall be transferred to the carrier of the health benet plan selected by the individual receiving disability benets.
449
0.1.634
Election of coverage.
a Unless an employee or annuitant armatively waives health insurance coverage, each employee or annuitant shall enroll in 1 of the approved health benet plans under 1-621.05 either as an individual or for self and family or provide evidence satisfactory to the Mayor that the employee or annuitant is covered under another health benet plan. b If an employee or annuitant has a spouse or domestic partner who is an employee or annuitant, either spouse or domestic partner but not both may enroll for self and family, or each spouse or domestic partner may enroll as an individual. An individual shall not be enrolled as an employee or annuitant and also as a member of a family. c An employee or an annuitant enrolled in a health benet plan may change coverage by an application led within 60 days of a change in family status or as otherwise permitted by rule promulgated by the Mayor. d An employee or annuitant may transfer enrollment from one health benet plan to another health benet plan under 1-621.05 as permitted by rules promulgated by the Mayor.
0.1.635
Types of benets.
a The benets provided under the health benet plans shall include benets for costs associated with care in a general hospital and for health services of a catastrophic nature and may include at a minimum the following benets: 1 Hospital benets; 2 Managed care; 3 Oce visits; 4 Substance abuse; 5 Well baby care;
450 6 Prescription drugs; 7 Obstetrical benets; 8 Mental health benets; and 9 Hospice care.
CONTENTS
b Each contract issued under 1-621.05 shall comply with the provisions of Chapter 31 of Title 31.
0.1.636
Health benet plans.
The District may contract for or approve the following health benet plans: 1 An Indemnity Benet Plan: One District-wide plan oering at least 3 levels of benets (one of which shall be deemed by the Mayor to be a standard option) under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses incurred, for health benets. 2 Health Maintenance Organization Plans including: A One or more group prepayment plans that oer health benets, in whole or in substantial part on a prepaid basis, with professional services provided by physicians representing at least 3 major medical specialties practicing as a group in a common center or centers who receive all or a substantial part of their professional income from the prepaid funds; and B An individual practice prepayment plan that oers health benets in whole or substantial part on a prepaid basis, with professional services provided by individual physicians who agree, under rules promulgated by the Mayor, to accept the payments provided by the plan as full payment for covered services that include in-hospital services, general care provided in their oces and in the patients homes, out-of-hospital diagnostic procedures, and preventive care.
451
3 Preferred Provider Organization Plan: An individual practice plan that oers health benets in whole or substantial part with professional services provided by individual physicians, hospitals, and other health care providers who agree under rules promulgated by the Mayor to accept contractually reduced payments for the covered services they provide. 4 Combined Benet Plan: A plan that includes elements of more than 1 of the plans described in paragraphs (1), (2), and (3) of this section. 5 Other Health Benet Plans: Nothing in this section shall preclude the Mayor from contracting for or approving a type of health benet plan not specically listed in this section.
0.1.637
The Mayor may contract with qualied carriers to provide health benets under the laws of the District for periods of time to be determined by the Mayor. Any contract under this section shall be in accordance with the provisions of Chapter 3 of title 2.
0.1.638
Denitions.
For the purposes of 1-621.04 through 1-621.13, the term: 1 Annuitant means: A An employee rst employed by the District after September 30, 1987, who has subsequently retired pursuant to any of the following: i ii iii iv Teachers Retirement System ( 38-2001.01 to 38-2023.16); Police and Fire Retirement System ( 5-707 to 5-730); Judges Retirement System ( 11-1561 to 11-1571); or Teachers Insurance and Annuity Association programs; or
B An employee rst employed by the District after September 30, 1987, who has subsequently separated pursuant to the District Retirement Benet Program ( 1-626.03 to 1-626.14) after any of the following:
452
CONTENTS
i Reaching 57 years of age and having completed 25 years of creditable District service in a correctional ocer position; ii Reaching 62 years of age and having completed 10 years of District government service in a position other than correctional ocer; or iii Becoming entitled to disability benets under the Social Security Act. 2 Carrier means a voluntary association, corporation, partnership, or other nongovernmental organization that is lawfully engaged in providing, paying for, or reimbursing the cost of health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the organization. 2A Creditable District service means all service in the employment of the District government that is creditable for purposes of the employees retirement. 3 Dependent child includes: A An adopted child; and
B A stepchild, foster child, or natural child of an employee or annuitant. 4 Employee means an individual rst employed by the District after September 30, 1987. 5 Health benet plan means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services under 1-621.05. 6 Member of family or Family member means: A The spouse of an employee or annuitant;
B An unmarried dependent child under 22 years of age;
453
C An unmarried dependent child under 25 years of age who is a full-time student; and D An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age 22.
0.1.639
District health benets.
The District shall provide health benets as set forth in 1-621.05 to all employees of the District rst employed after September 30, 1987, except those specically excluded by law or by rule.
0.1.640
Federal health benets.
The health insurance benet provisions of Chapter 89 of Title 5 of the United States Code are applicable to all employees of the District government rst employed before October 1, 1987, except those specically excluded by law or rule and regulation. Procedures established for administering the health benets program with the District government shall be consistent with law and civil service rules.
0.1.641
Implementation for public employers.
The Department of Human Resources shall provide guidance on the implementation of this subchapter to all personnel authorities within the District government on or before February 1, 2011.
0.1.642
Limitation on disqualication.
When considering whether to disqualify an applicant for a position that is not a covered position or take adverse action against an employee in a position that is not a covered position because of the applicants or employees criminal history, a public employer shall consider the following factors: 1 The specic duties and responsibilities of the position sought or held; 2 The bearing, if any, that an applicants or employees criminal background will have on the applicants or employees tness or ability to perform one or more of the duties or responsibilities; 3 The time that has elapsed since the occurrence of the criminal oense;
454
CONTENTS
4 The age of the person at the time of the occurrence of the criminal oense; 5 The frequency and seriousness of the criminal oense; 6 Any information produced regarding the applicants or employees rehabilitation and good conduct since the occurrence of the criminal oense; and 7 The public policy that it is generally benecial for ex-oenders to obtain employment.
0.1.643
Pre-employment inquiries.
a Before posting a vacancy announcement, a public employer shall determine if the position is a covered position. b If a position is a covered position, a public employer may inquire about an applicants criminal history at any time; provided, that the vacancy announcement includes the following statement: This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position. c If a position is not a covered position, a public employer shall not inquire about an applicants criminal history on the application form. A public employer may inquire about an applicants criminal history after the initial screening of applications. If a public employer inquires about an applicants criminal history, the applicant shall be permitted to provide an explanation of his criminal history to the public employer.
0.1.644
Denitions.
For the purposes of this subchapter, the term: 1 Applicant means an individual who has led an application for employment with a public employer or who has led an application or made a verbal request to serve in a volunteer position with a public employer.
455
2 Covered position means a position in which a criminal background check is required by law. 3 Public employer means the District government.
0.1.645
Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
0.1.646
Coverage of private contractual providers and private licensed providers.
Each private provider that contracts with the District of Columbia to provide employees to work in safety-sensitive positions and each private entity licensed by the District government that has employees who work in safety-sensitive positions shall establish mandatory drug and alcohol testing policies and procedures that are consistent with the requirements of this subchapter.
0.1.647
Procedure and employee impact.
a A drug and alcohol testing policy, including the notice required by 1620.32(d), shall be issued at least 30 days in advance of implementing the drug and alcohol program to inform District employees of the requirements of the program and to allow each employee one opportunity to seek treatment, if he or she has a drug or alcohol problem. Thereafter, any conrmed positive drug test results, positive breathalyser test, or a refusal to submit to a drug test or breathalyser shall be grounds for termination of employment in accordance with this chapter. b The testing program shall be implemented as a single program.
c The results of a random test conducted pursuant to this subchapter shall not be turned over to any law enforcement agency without the employees written consent. d An applicant may be oered employment contingent upon receipt of a satisfactory drug testing result, and may begin working in a position that is not a safety-sensitive position prior to receiving the results.
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CONTENTS
0.1.648
Testing methodology.
a Testing shall be performed by an outside contractor at a laboratory certied by the United States Department of Health and Human Services (HHS) to perform job-related drug and alcohol forensic testing. b For random testing of District employees, the contractor shall, at a location designated by the District to collect urine specimens on-site, split each sample and perform enzyme-multiplied-immunossay technique (EMIT) testing on one sample and store the split of that sample. Any positive EMIT test shall be then conrmed by the contractor, using the gas chromatography/mass spectrometry (GCMS) methodology. c Any District employee found to have a conrmed positive urinalysis shall be notied of the result. The employee may then authorize that the stored sample be sent to another HHS-certied laboratory of his or her choice, at his or her expense, for a conrmation, using the GCMS testing method. d Reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in subsections (a) through (c) of this section. In such cases, the employee shall be escorted by a supervisor to the contractors test site for specimen collection or a breathalyser. e A breathalyser shall be deemed positive by the Districts testing contractor if the contractor determines that 1 milliliter of the employees breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol. f Prior to testing, a physician must sit down with the employee and ask what medications he or she might have been taking to rule out any false positives in the drug screening results.
0.1.649
Motor vehicle operators.
Any District government employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the conditions in this subchapter, to the testing of the employees urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has probable cause or a police ocer arrests such person for a violation of the law and
457
has reasonable grounds to believe such person to have been operating or in physical control of a motor vehicle within the District while that persons alcohol concentration was 0.08 grams or more per 210 liters of breath, or while under the inuence of an intoxicating liquor or any drug or combination thereof, or while that persons ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor.
0.1.650
Employee testing.
a The following individuals shall be tested by the District government for drug and alcohol use: 1 Applicants for employment in safety-sensitive positions; 2 Those District employees who have had a reasonable suspicion referral; and 3 Post-accident District employees, as soon as reasonably possible after the accident. b The District shall subject District employees in safety-sensitive positions to random testing, unless a District agency has additional requirements for drug and alcohol testing of its employees, in which case the stricter requirements shall apply. c Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral. d District employees shall be given written notice that the District is implementing a drug and alcohol testing program at least 30 days in advance of implementation of the program. Upon receipt of a written notice of the program, each employee shall be given one opportunity to seek treatment, if he or she has a drug or alcohol problem. e No employee may be tested under this subchapter for drug or alcohol use prior to receiving the notice required by subsection (d) of this section.
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CONTENTS
f Following the issuance of the 30-day written notice required by subsection (d) of this section, the Mayor shall procure a testing vendor and testing shall be implemented as described in this subchapter.
0.1.651
Denitions.
For the purposes of this subchapter, the term: 1 Applicant means any person who has led any written employment application forms to work as a District employee, or has been tentatively selected for employment. 2 Child means an individual 12 years of age and under. 3 District employee means a person employed by the District of Columbia government. 4 Drug means an unlawful drug and does not include over-the-counter prescription medications. 5 Employee means any person employed in a position for which he or she is paid for services on any basis. 6 Post-accident employee means an employee of the District of Columbia, who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of drugs or alcohol on the part of the employee. 7 Probable cause or reasonable suspicion means a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the inuence of an illegal drug or alcohol to the extent that the employees ability to perform his or her job is impaired. 8 Random testing means drug or alcohol testing conducted on an District employee in a safety-sensitive position at an unspecied time for purposes of determining whether any District employee subject to drug or alcohol testing has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.
459
9 Reasonable suspicion referral means referral of an employee in a safetysensitive position for testing by the District for drug or alcohol use. 10 Safety-sensitive position means:
A Employment in which the District employee has direct contact with children or youth; B Is entrusted with the direct care and custody of children or youth; and C Whose performance of his or her duties in the normal course of employment may aect the health, welfare, or safety of children or youth. 11 Youth means an individual between 13 and 17 years of age, inclusive.
0.1.652
Procedure and employee impact.
a The drug and alcohol testing policy shall be issued in writing in advance of program implementation to inform employees and allow them the opportunity to seek treatment. An employee shall be allowed only one opportunity to seek treatment following his or her rst positive test result. Thereafter, any conrmed positive drug test, or positive breathalyzer test, or a refusal to submit to a drug or breathalyzer test shall be grounds for termination of employment. b The program shall cover all Department of Mental Health and Department of Human Services employees, including management, and shall be implemented as a single program of each Department. c The results of any random test conducted pursuant to this subchapter may not be turned over to any law enforcement agency without the employees written consent.
0.1.653
Implied consent of employees who operate motor vehicles.
Any Department of Mental Health or Department of Human Services employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his
460
CONTENTS
or her consent, subject to the provisions of this subchapter, to the testing of the employees urine or breath, for the purpose of determining drug or alcohol content, whenever a supervisor has the probable cause or a police ocer arrests such employee for a violation of 50-2201.05 or has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District while that employees alcohol concentration was 0.08 grams or more per 210 liters of breath, or while under the inuence of an intoxicating liquor or any drug or any combination thereof, or while the employees ability to operate a motor vehicle was impaired by the consumption of intoxicating liquor.
0.1.654
Testing methodology.
a Testing shall be performed by an outside contractor. The contractor shall be certied by the United States Department of Health and Human Services (HHS) to perform job related drug and alcohol forensic testing. b (1) For random testing, the contractor shall come on-site to Department of Mental Health or Department of Human Services institutions. 2 The contractor shall collect urine specimens and split the samples. c The contractor shall perform enzyme-multiplied-immunoassay technique (EMIT) testing on one sample and store the other sample. Any positive EMIT test shall be conrmed by the contractor using gas chromatography/mass spectrometry (GCMS) methodology. d Any Department of Mental Health or Department of Human Services employee found to have a conrmed positive urinalysis shall be notied of the result. The employee may then authorize the stored sample to be sent to another HHS certied laboratory of his or her choice, at his or her expense, for secondary GCMS conrmation. e Probable cause and post-accident testing shall follow the same procedures set forth in subsections (a) through (d) of this section. In such cases, the employee shall be escorted by a supervisor to the contractors test site for specimen collection or breathalyzer.
461
f A breathalyzer shall be deemed positive by the Department of Mental Healths or Department of Human Services testing contractor if the contractor determines that 1 milliliter of the employees breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.
0.1.655
Employee testing.
a The following Department of Mental Health and Department of Human Services employees and prospective employees shall be tested for drug and alcohol use: 1 Applicants for positions that would qualify them as high potential risk employees; 2 Employees who have had a probable cause referral; 3 Post-accident employees, as soon as reasonably possible after an accident; and 4 High potential risk employees. b Only high potential risk employees shall be subject to random testing.
c All employees of the Department of Mental Health and Department of Human Services shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department of Mental Health and Department of Human Services will implement a drug and alcohol testing program. d No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection (c) of this section. e Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral. f An employee shall be given one opportunity to seek treatment following a positive test result.
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CONTENTS
g The Department of Mental Health and the Department of Human Services shall procure the services of a contractor to perform the tests required by this subchapter. h All testing conducted by a vendor shall be implemented pursuant to this subchapter.
0.1.656
Denitions.
For the purposes of this subchapter, the term: 1 Applicant means a person who has led a written employment application form to work for the Department of Human Services or the Department of Mental Health or has been tentatively selected for employment by either the Department of Human Services or the Department of Mental Health to work as a high potential risk employee. 2 Repealed. 3 Repealed. 4 High potential risk employee means any Department of Mental Health or Department of Human Services employee who has resident care or custody responsibilities in a secured facility or who works in a residential facility. 5 Post-accident employee means any Department of Mental Health or Department of Human Services employee who, while on duty, was involved in a vehicular or other type of accident resulting in personal injury or property damage, or both. 6 Probable cause means a reasonable belief by a supervisor that an employee is under the inuence of an illegal substance or alcohol such that the employees ability to perform his or her job is impaired. 7 Probable cause referral means a referral, based on probable cause, for testing by the Department of Human Services or the Department of Mental Health for drug or alcohol use.
463
8 Random testing means drug or alcohol testing taken by a Department of Mental Health or Department of Human Services employee at an unspecied time for the purposes of determining whether any Department of Mental Health or Department of Human Services employee has used drugs or alcohol and as a result is unable to satisfactorily perform his or her employment duties.
9 Residential facility means a facility that provides a supervised and sheltered living environment for individuals who need such an environment because of their mental, familial, social, or other circumstances.
10
Secured facility means a hospital or institution that is:
Leased, or owned by the District government;
B Operated by the District government; and
C Equipped and qualied to provide in-resident or in-patient care to detained or committed youth or persons with mental illness.
0.1.657
General.
In compliance with federal regulations issued pursuant to 49 U.S.C. 31306, the Mayor and each personnel authority shall adopt and administer a program and issue rules for conducting pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing of employees who are employed as drivers of commercial motor vehicles, or who are candidates for such employment, for the use of alcohol and controlled substances.
0.1.658
Records.
Each agency shall keep adequate records of all occupational accidents and illnesses occurring within the agency for proper evaluation and necessary corrective action and make statistical or other reports as the Mayor may require by rules and regulations.
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CONTENTS
0.1.659
Health services.
The Mayor shall establish an employee health services program which shall provide for the following: (1) Treatment of on-the-job injuries and illness requiring emergency treatment; (2) pre-employment and other physical examinations, including tness-for-duty examinations; (3) a counseling program for troubled employees; and (4) preventive programs relating to health. In developing and implementing a health services program consistent with the provisions of this subchapter, maximum use shall be made of existing District government medical and health services facilities, resources and expertise.
0.1.660
Training.
The Mayor shall provide for the establishment and supervision of programs, as may be necessary to comply with the provisions of this subchapter, for the education and training of employees in the recognition, avoidance, and prevention of unsafe and unhealthful working conditions and practices.
0.1.661
Employee rights.
Employees shall be protected against penalty or reprisal for reporting an unsafe or unhealthful working condition or practice, or assisting in the investigation of such condition or practice.
0.1.662
Authority of Mayor.
a The Mayor shall issue rules and regulations consistent with this subchapter and such laws of the federal government and the District of Columbia as they may, from time to time, be amended for the establishment, operation and administration of the District governments occupational safety and health management program. Programs and procedures developed under the authority of this subchapter are appropriate matters for collective bargaining with labor organizations. b The Mayor shall ensure, through audits and inspections, compliance with this subchapter and the rules and regulations issued pursuant thereto, and shall direct that appropriate remedial or corrective action be taken when it is determined that noncompliance has occurred.
465
0.1.663
Minimal standards applicable.
Safe and healthful conditions shall be provided all employees of the District government in accordance with applicable standards, codes, rules and regulations, and shall be consistent with the occupational safety and health standards promulgated by the United States Department of Labor under the provisions of the Occupational Safety and Health Act of 1970, as amended (84 Stat. 1590), and applicable codes, rules and regulations including, but not limited to: 1 The D.C. Occupational Safety and Health Board Occupational Safety and Health Standards (11B D.C.R.R.); 2 The Building Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986; 3 The Electrical Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986; 4 The Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986; and 5 The Plumbing Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986.
0.1.664
Extent of coverage.
The occupational safety and health management program shall encompass all aspects of the total work environment throughout the District government, and shall include, but not be limited to: 1 Employee safety and health, inclusive of physical welfare at the work site and environmental control of occupational diseases; 2 Fire safety; 3 Motor vehicle safety; 4 Safety of nonemployee users of city facilities and services;
466 5 Contractor safety; and 6 Protection of District government property.
CONTENTS
0.1.665
Policy.
It shall be the policy of the District of Columbia government to establish and maintain a comprehensive occupational safety and health management program that ensures, to the maximum extent possible, a safe and healthful work environment for employees and general public users of District government facilities, and for the protection of District government property.
0.1.666
Personnel authority pilot programs.
a Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with 1-204.22 the Mayor may implement pilot personnel programs in the area of incentive awards as related to performance, including gainsharing. Pilot programs may be established during any control period as dened in 47-393, to help ensure successful implementation of the transformation of the District of Columbia government workforce. b The Mayor may issue rules and regulations to implement these programs.
0.1.667
Limitation upon awards.
A cash award authorized under the provisions of 1-619.01(a) may not exceed $5,000 or 10
0.1.668
Authority to grant awards.
a The Mayor and the District of Columbia Board of Education shall issue rules and regulations authorizing the granting of cash and honorary awards to employees for their suggestions, inventions, superior accomplishments, length of service, and other meritorious eorts which contribute to the eciency, economy, or otherwise improve the operation of the District government. b The Mayor is authorized to make honorary awards to citizens who make signicant contributions to the public good, or who submit ideas or inventions which materially benet the District of Columbia.
467
c Awards to employees of the District government pursuant to this subchapter may include tangible items with a monetary value of no more than $50 and time o without loss of pay or charge to leave.
0.1.669
Prohibition on nepotism.
a A public ocial may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public ocial. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public ocial who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual. b (1) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay and may not be compensated. 2 A public ocial who appoints, employs, promotes, or advances, or advocates such appointment, employment, promotion, or advancement of any individual appointed in violation of this section, shall reimburse the District for any funds paid to such individual as a result of the individuals appointment, employment, promotion, or advancement. c The Mayor may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section. d For the purpose of this section, the term:
1 Public ocial means an ocer, employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.
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CONTENTS
2 Relative means, with respect to a public ocial, an individual who is related to the public ocial as a father, mother, son, daughter, brother, sister, uncle, aunt, rst cousin, nephew, niece, husband, wife, father-inlaw, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
0.1.670 0.1.671
Ethics counselors; codication of advisory opinions. [Repealed] Conicts of interest.
No employee, member of a board or commission, or a public ocial of the District government shall engage in outside employment or private business activity or have any direct or indirect nancial interest that conicts or would appear to conict with the fair, impartial, and objective performance of ocially assigned duties and responsibilities.
0.1.672
Standards of conduct.
a Each employee, member of a board or commission, or a public ocial of the District government must at all times maintain a high level of ethical conduct in connection with the performance of ocial duties, and shall refrain from taking, ordering, or participating in any ocial action which would adversely aect the condence of the public in the integrity of the District government. a-1 As a matter of public policy, each employee, member of a board or commission, or a public ocial of the District is encouraged to report, pursuant to subchapter XV-A of this chapter, any violation of a law or rule, or the misuse of government resources, as soon as the employee, member of a board or commission, or a public ocial becomes aware of the violation or misuse of resources. a-2 (1) Upon commencement of employment, any person required to le pursuant to 1-1162.24 and 1-1162.25 (Filers) shall be provided with an ethics manual and information about the Code of Conduct. 2 No later than 90 days after commencement of employment, Filers shall certify that they have undergone ethics training developed by the District
469
of Columbia Board of Ethics and Government Accountability. The required training may be provided electronically, in person, or both as considered appropriate by the District of Columbia Board of Ethics and Government Accountability. 3 Filers shall certify on an annual basis that they have completed at least one ethics training program within the previous year. a-3 Notwithstanding the penalty provisions of this chapter, any public ofcial who knowingly violates any provision of subsection (a-2) of this section may be subject to an adverse performance action but not termination. b The Mayor shall issue rules and regulations governing the ethical conduct of all District employees after consultation with the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, and recognized labor representatives of District employees, and shall require the submission by designated employees at a policy making, contract negotiating, or purchasing level of reports of nancial interest in matters which may create conicts of interest. The Mayor shall provide for the annual auditing of all reports led under the authority of this subsection.
0.1.673
Evaluation process for public school employees.
Notwithstanding any other provision of law, rule, or regulation, during scal year 2006 and each succeeding scal year the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes.
0.1.674
Collective bargaining concerning compensation.
a Collective bargaining concerning compensation is authorized as provided in 1-602.06 and 1-617.16. Such compensation bargaining shall preempt other provisions of this subchapter except as provided in this section. The principles of 1-611.03 shall apply to compensation set under the provisions of this section. b As provided in this section, the Mayor, the Board of Education, the Board of Trustees of the University of the District of Columbia, and each independent personnel authority, or any combination of the above (management) shall meet with labor organizations (labor) which have been
470
CONTENTS
authorized to negotiate compensation at reasonable times in advance of the Districts budget making process to negotiate in good faith with respect to salary, wages, health benets, within-grade increases, overtime pay, education pay, shift dierential, premium pay, hours, and any other compensation matters. No subordinate agency shall negotiate a collective bargaining agreement. c d e Repealed. Repealed. Repealed.
f (1) Collective bargaining for a given scal year or years shall take place at such times as to be reasonably assured that negotiations shall be completed prior to submission of a budget for said year(s) in accordance with this section. A (i) A party seeking to negotiate a compensation agreement shall serve a written demand to bargain upon the other party during the period 120 days to 90 days prior to the rst day of the scal year, for purposes of negotiating a compensation agreement for the subsequent scal year. ii Where the compensation agreement to be negotiated is for a newly certied collective bargaining unit assigned to a newly created compensation unit, working conditions or other non-compensation matters shall be negotiated concurrently with negotiations concerning compensation. iii Where the compensation agreement to be negotiated is for a newly certied collective bargaining unit assigned to an existing compensation unit, the parties shall proceed promptly to negotiate concurrently any working conditions, other non-compensation matters, and coverage of the compensation agreement. B Negotiations among the parties shall continue until a settlement is reached, or until 180 days after negotiations have commenced.
471
2 If the parties have failed to begin negotiations within 90 days of the end of the annual notice period, or have failed to reach settlement on any issues 180 days after negotiations have commenced, then an automatic impasse may be declared by any party. The declaring party shall promptly notify the Executive Director of the Public Employee Relations Board in writing of an impasse. The Executive Director shall assist in the resolution of this declared automatic impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the declared automatic impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best oer of each party shall be the basis for such automatic impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain ndings of fact and a statement of reasons. The award shall be nal and binding upon the parties to the dispute. 3 If the parties reach an impasse on any issues in negotiations before the declared automatic impasse date, any party shall promptly notify the Executive Director of the Public Employee Relations Board in writing. The Executive Director shall assist in the resolution of this impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best oer of each party shall be the basis for this impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain ndings of fact and a statement of reasons. The award shall be nal and binding upon the parties to the dispute. 3A If requested by both parties or ordered by the Executive Director of the Public Employee Relations Board, a mediator or Board of Arbitration
472
CONTENTS
appointed pursuant to paragraphs (2) or (3) of this subsection shall consider non-compensation matters at impasse at the same time it considers compensation matters at impasse. 4 If the procedures set forth in paragraph (1), (2), (3), or (3A) of this subsection are implemented, no change in the status quo shall be made pending the completion of mediation and arbitration, or both. 5 The factnder, mediator, and any members of the Board of Arbitration appointed by the Executive Director of the Public Employee Relations Board shall be entitled to compensation at the maximum daily rate allowable by law for each day they are actually engaged in performing services under this section. Compensation for arbitration shall be divided equally and paid one-half by management and one-half by labor; compensation for mediation and fact-nding shall be paid by the moving party, or shared if by mutual request. g Multi-year compensation agreements are encouraged. No compensation agreement shall be for a period of less than 3 years. h Compensation negotiations pursuant to this section shall be condential among the parties; provided, however, that the Council may appoint observers from its membership and sta, or both, to the negotiations. Such Council observers will be responsible for informing the members of the Council of the progress of negotiations. All information concerning negotiations shall be considered condential until impasse resolution proceedings have been concluded or upon settlement. Management shall give the Council the same prior notice of negotiation proceedings that it gives to all parties to the negotiations. i (1) The Mayor shall transmit all settlements, including arbitration awards, to the Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget request act, a supplemental budget request act, a budget amendment act, or a reprogramming, as appropriate; except that when a settlement, including an arbitrators award, has been fully funded by an enacted budget request act, supplemental budget request act, or budget amendment act or an approved reprogramming request, the Mayor shall submit the settlement, including an arbitrators award, with a certication that the settlement, including arbitrators award,
473
is fully funded by the previously enacted budget measure or approved reprogramming. The budget request act, supplemental budget request act, budget amendment act, or reprogramming shall fully fund the settlement for the scal year to which it applies. 2 At the same time the Mayor transmits a settlement, including any arbitration award, pursuant to paragraph (1) of this subsection, the Mayor shall also transmit a nancial plan that includes proposed funding for both actual and annualization costs of settlements for future scal years contained in a multi-year compensation agreement. 3 The Mayor shall fully support the passage of settlements by every reasonable means before all legislative bodies, except that the Mayor is not required to support Council approval of an arbitrators award, or to support Council approval of a settlement negotiated by the Board of Education, the Board of Trustees of the University of the District of Columbia, or other independent personnel authority, unless the Mayor participated in the negotiations. j A settlement, including an arbitrators award, shall take eect on the 30th calendar day, excluding days of Council recess, after the Mayor and the Council enact the budget request act, the supplemental budget request act, or the budget amendment act, or approve the reprogramming, as appropriate, that contains the funded settlement, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including an arbitrators award, by resolution. In the case of a settlement, including an arbitrators award, submitted after the enactment of budget legislation or the approval of a reprogramming that fully funds the settlement, including arbitrators award, the settlement, including arbitrators award shall take eect on the 30th calendar day, excluding days of Council recess, after the Mayor transmits the settlement, including arbitrators award, to the Council with the Mayors certication that the settlement, including arbitrators award, has been fully funded in previously enacted budget legislation or an approved reprogramming, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including arbitrators award, by resolution. If the Council rejects a settlement, including an arbitrators award, then the settlement shall be returned to the parties for renegotiation, with specic reasons for the rejection appended to the document disclosing the rejection of the settlement.
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CONTENTS
k The Mayor shall fully fund in future scal year budget requests, any settlement, including an arbitrators award, for future scal years contained in a multi-year compensation agreement that has been approved pursuant to this section. Any settlement, including an arbitrators award, that has been approved pursuant to this section shall be included in either the District budget request or in any supplemental budget request and shall be fully supported by the District by every reasonable means before Congressional bodies. l Notwithstanding any provisions of subchapters XXII, XXIII, or XXVII of this chapter to the contrary, the health, life, and retirement programs authorized by these subchapters are proper subjects of collective bargaining under this section. m When the Public Employee Relations Board makes a determination as to the appropriate bargaining unit for the purpose of compensation negotiations pursuant to 1-617.16, negotiations for compensation between management and the exclusive representative of the appropriate bargaining unit shall commence as provided for in subsection (f) of this section. The Mayor shall negotiate agreements concerning working conditions at the same time as he or she negotiates compensation issues. n (1) Notwithstanding any other provisions of law, the District is authorized to establish the compensation of District employees and to negotiate with the exclusive representative of the appropriate bargaining unit concerning the compensation rules for employees overtime work in excess of the basic non-overtime workday, in accordance with this subchapter and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. 201 et seq.). 2 This subsection shall be retroactively eective as of the scal year beginning October 1, 2004.
0.1.675
Collective bargaining concerning compensation.
a The Board shall provide for collective bargaining concerning compensation under the procedures of and on the dates provided in 1-617.17. The Mayor, the District of Columbia Board of Education for its educational employees, and the Board of Trustees of the University of the District of
475
Columbia for its educational employees shall negotiate agreements regarding noncompensation issues at the same time as compensation issues.
b The provisions of this section shall become eective on January 1, 1980, and shall apply to all employees, including employees described in 1- 602.04, of a particular occupational group who are represented by a labor organization which has been granted exclusive recognition under this chapter by the Board. The determination of an appropriate unit for the purpose of negotiations concerning compensation shall not require a request from a labor organization. In determining appropriate bargaining units for negotiations concerning compensation, the Board shall authorize broad units of occupational groups so as to minimize the number of dierent pay systems or schemes. The Board may authorize bargaining by multiple employer or employee groups as may be appropriate.
0.1.676
Collective bargaining agreements.
a An agreement with a labor organization is subject to the approval of the Mayor or his or her designee, or in the case of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia, by the respective Boards. An agreement shall be approved within 45 days from the date of its execution by the parties, if it conforms to applicable law. If disapproved because certain provisions are asserted to be contrary to law, the agreement shall either be returned to the parties for renegotiation of the oensive provisions or such provisions shall be deleted from the agreement. An agreement which has not been approved or disapproved within the prescribed period of 45 days shall go into eect on the 46th day and shall be binding on the parties.
b The Mayor and each appropriate personnel authority shall submit the collective bargaining agreement to the Council for its information.
0.1.677
Timeliness of decisions.
All decisions of the Board shall be rendered within a reasonable period of time, and in no event later than 120 days after the matter is submitted or referred to it for a decision.
476
CONTENTS
0.1.678
Remedies; enforcement; judicial review; payment of costs.
a Remedies of the Board may include, but shall not be limited to, orders which: Withdraw or decertify recognition of a labor organization; direct a new representation election; recommend that disciplinary action be taken against an employee or group of employees by an appropriate agency head; reinstate, with or without back pay, or otherwise make whole, the employment or tenure of any employee, who the Board nds has suered adverse economic eects in violation of this subchapter, though for adequate cause under the provisions of subchapter XVI-A of this chapter; compel bargaining in good faith; compel a labor organization or the District to desist from conduct prohibited under this subchapter; or direct compliance with the provisions of this subchapter.
b The Board may request the Superior Court of the District of Columbia to enforce any order issued pursuant to this subchapter, including those for appropriate temporary relief or restraining orders. No defense or objection to an order of the Board shall be considered by the Court, unless such defense or objection was rst urged before the Board. The ndings of the Board with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The Court may grant such temporary relief or restraining order as it deems just and proper and enter a decree enforcing, modifying and enforcing as so modied, or setting aside, in whole or in part, the order of the Board.
c Any person aggrieved by a nal order of the Board granting or denying in whole or in part the relief sought may obtain review of such order in the Superior Court of the District of Columbia by ling a request within 30 days after the nal order has been issued. The Court shall have the same jurisdiction to review the Boards order and to grant to the Board such order of enforcement as in the case of a request by the Board under subsection (b) of this section.
d The Board shall have the authority to require the payment of reasonable costs incurred by a party to a dispute from the other party or parties as the Board may determine.
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0.1.679
Sunshine provisions.
Collective bargaining sessions between the District and employee organization representatives shall not be open to the public. All fact-nding proceedings under this subchapter shall be open to the public.
0.1.680
Rights accompanying exclusive recognition.
a The labor organization which has been certied to be the exclusive representative of all employees in the unit shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to membership in the labor organization: Provided, however, that the employee pays dues or service fees consistent with law. Agency shop and other labor organization security provisions should be an appropriate issue for collective bargaining. b Bargaining units established at the time this chapter becomes eective shall continue to be recognized as appropriate units subject to 1- 617.09(c), and labor organizations which have exclusive recognition in bargaining units existing at the time this chapter becomes eective shall continue to enjoy exclusive recognition in these units subject to 1- 617.10(b)(2).
0.1.681
Selection of exclusive representatives; elections.
a Exclusive recognition shall be granted to a labor organization which has been selected by a majority of employees in an appropriate unit who participate in an election, conducted by secret ballot, or by any other method in conformity with such rules and regulations as may be prescribed by the Board. b (1) The employer may recognize, without an election, a labor organization as the exclusive representative for purpose of collective bargaining if an alternative method for determining majority status, such as a card check showing actual membership in the labor organization seeking recognition, has been approved by the Board. 2 The Board shall issue rules and regulations which provide procedures for decertication of exclusive representatives upon the request of 30 percent of the employees or the District and the holding of an election. Such rules and
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regulations issued by the Board shall prescribe the criteria under which the District may request decertication, such as lack of any unit activity over a period of time. c Representation elections shall be conducted by an impartial body selected by the mutual agreement of the parties or, in the absence of a mutual agreement, by the Board. The entity conducting the election shall be subject to the provisions of this chapter, those rules and regulations as may be issued by the Board, or any election agreement as may be reached which is not inconsistent with this subchapter. d The Board shall certify the results of each election within 10 working days after the nal tally of votes, if: 1 Within the meaning of such rules and regulations as the Board may issue, no objection to the election is led alleging that there has been conduct which aected the outcome of the election; or 2 The Board has determined that the number of challenged ballots is not sucient to aect the outcome of the election. e If the Board has reason to believe that such allegations or challenges may be valid, the Board shall hold a hearing on the matter within 2 weeks after the date of receipt of the objection. The Board shall give due notice of the hearing to all parties. If the Board determines that the outcome of the election was aected, even by third-party interference, or if the Board determines that the number of challenged ballots was sucient to aect the outcome of the election, it shall require corrective action and may order a new election. If the Board determines that the alleged conduct did not aect the outcome of the election, it shall immediately certify the election results. f A labor organization seeking exclusive recognition shall submit to the Board and the appropriate agency a roster of its ocers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.
0.1.682
Unit determination.
a The determination of an appropriate unit will be made on a case-to-case basis and will be made on the basis of a properly-supported request from
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a labor organization. No particular type of unit may be predetermined by management ocials nor can there be any arbitrary limit upon the number of appropriate units within an agency. The essential ingredient in every unit is community of interest: Provided, however, that an appropriate unit must also be one that promotes eective labor relations and eciency of agency operations. A unit should include individuals who share certain interests, such as skills, working conditions, common supervision, physical location, organization structure, distinctiveness of functions performed, and the existence of integrated work processes. No unit shall be established solely on the basis of the extent to which employees in a proposed unit have organized; however, membership in a labor organization may be considered as 1 factor in evaluating the community of interest of employees in a proposed unit. b A unit shall not be established if it includes the following:
1 Any management ocial or supervisor: Except, that with respect to re ghters, a unit that includes both supervisors and nonsupervisors may be considered: Provided, further, that supervisors employed by the District of Columbia Public Schools may form a unit which does not include nonsupervisors; 2 A condential employee; 3 An employee engaged in personnel work in other than a purely clerical capacity; 4 An employee engaged in administering the provisions of this subchapter; 5 Both professional and nonprofessional employees, unless a majority of the professional employees vote or petition for inclusion in the unit; 6 Employees of the Council of the District of Columbia; or 7 Employees within the Educational Service in the District of Columbia Public Schools and the Oce of the State Superintendent of Education who serve without tenure pursuant to [ 1-608.01a].
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c Two or more units for which the labor organization holds exclusive recognition within an agency may be consolidated into a single larger unit if the Board determines the larger unit to be appropriate. The Board shall certify the labor organization as the exclusive representative in the new unit when the unit is found appropriate.
0.1.683
Management rights; matters subject to collective bargaining.
a The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations: 1 To direct employees of the agencies; 2 To hire, promote, transfer, assign, and retain employees in positions within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause; 3 To relieve employees of duties because of lack of work or other legitimate reasons; 4 To maintain the eciency of the District government operations entrusted to them; 5 To determine: A The mission of the agency, its budget, its organization, the number of employees, and to establish the tour of duty; B The number, types, and grades of positions of employees assigned to an agencys organizational unit, work project, or tour of duty; C The technology of performing the agencys work; and D The agencys internal security practices; and
6 To take whatever actions may be necessary to carry out the mission of the District government in emergency situations.
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a-1 An act, exercise, or agreement of the respective personnel authorities (management) shall not be interpreted in any manner as a waiver of the sole management rights contained in subsection (a) of this section. b All matters shall be deemed negotiable except those that are proscribed by this subchapter. Negotiations concerning compensation are authorized to the extent provided in 1-617.16.
0.1.684
Compensation for disability or death of employee.
a The District of Columbia government shall pay compensation as specied by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his or her duty, unless the injury or death is: 1 Caused by willful misconduct of the employee; 2 Caused by the employees intention to bring about the injury or death of himself or herself or of another; or 3 Proximately caused by the intoxication of the injured employee. b No claim shall be allowed under this chapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following: 1 Employees work performance, assignments, or duties; 2 Promotion or denial of promotion; 3 Adverse personnel action; 4 Transfer; 5 Retrenchment or dismissal; or 6 Provision of employment benets.
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c Pursuant to 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.
0.1.685
Functions-Disability Compensation.
The functions of the program shall be to: 1 Establish appropriate systems and procedures for the reporting of occupational accidents and illnesses; 2 Maintain and analyze records of all occupational accidents and illnesses occurring within agencies; 3 Study safety problems and recommend actions to correct undesirable conditions or unsafe practices; 4 Monitor and evaluate adequacy and eectiveness of safety procedures and practices of District agencies through inspection; 5 Make determinations and awards for, or against payment of compensation under this chapter; 6 Pay compensation to employees for work related disability or death resulting from personal injury sustained in the performance of their duty, as specied in this section; 7 Conduct promotional campaigns to stimulate employees interest in accident prevention and to train and motivate supervisors in accident prevention concepts, practices and techniques; 8 Develop and maintain working agreements with designated physicians and other public or private organizations, as required; and 9 Monitor the adequacy and eectiveness of medical services under this section, and develop guidelines for the determination of disabilities and professional fees.
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0.1.686
Medical services and initial medical and other benets.
The employee may initially select a physician to provide medical services, appliances, and supplies in accordance with such rules and regulations and instructions as the Mayor considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Mayor, shall be paid from the Employees Compensation Fund. a The District government shall furnish to an employee who is injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualied physician, who is approved by the Mayor or his or her designee pursuant to subsection (d) of this section, which the Mayor considers likely to cure, give relief, reduce the degree or period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished: 1 Whether or not disability has arisen; 2 Notwithstanding that the employee has accepted or is entitled to receive benets under subchapter III of Chapter 83 of Title 5 of the United States Code, or another retirement system for employees of the District or federal government; and 3 By or on the order of the District of Columbia government medical ofcers and hospitals, or by or on the order of a physician or managed care organization designated or approved by the Mayor. b The Mayor, under such limitations or conditions as he or she considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benets under this section. The Mayor may certify vouchers for these expenses out of the Employees Compensation Fund when the immediate superior of the employee certies that the expense was incurred in respect to an injury accepted by the employing agency as properly compensable under this subchapter. The Mayor shall prescribe the form and content of the certicate. c Repealed.
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d (1) An employee to whom services, appliances, or supplies are furnished pursuant to subsection (a) of this section shall be provided with such services, appliances, and supplies (including reasonable transportation incident thereto) by a managed care organization or other health care provider designated by the Mayor or his or her designee, in accordance with such rules, regulations, and instructions as the Mayor considers appropriate. Any health care provider who is a member of such managed care organization shall apply in writing to the Mayor or his or her designee, and be approved by the Mayor or his or her designee prior to providing any services, appliances, or supplies pursuant to this section. 2 Any expenses incurred as a result of furnishing services, appliances, or supplies which are authorized by the Mayor under paragraph (1) of this section shall be paid from the Employees Compensation Fund. 3 Any medical service provided pursuant to this subsection shall be subject to utilization review under 1-623.23. e The District government shall furnish or authorize payment for services, appliances, supplies, and reasonable transportation and expenses incidental thereto, to the injured employee within 30 days after the Mayor or his or her designee receives notice that the employee has been injured while in the performance of duty. f The Mayor or his or her designee shall provide a claimant with written authorization for payment for any treatment or procedure within 30 days after the treating physician makes a written request to the Mayor or his or her designee for this authorization. If the Mayor or his or her designee fails to provide written authorization to the claimant within 30 days of the request, the treatment or procedure shall be deemed authorized, unless the Mayor or his or her designee commences a utilization review pursuant to 1-623.23(a-2) within 30 days of the request.
0.1.687
Vocational rehabilitation.
a The Mayor shall direct an individual with a permanent or temporary disability whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Mayor shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Mayor,
485
insofar as practicable, shall use the services or facilities of the District of Columbia government. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees Compensation Fund. b Notwithstanding 1-623.06, individuals directed to undergo vocational rehabilitation by the Mayor, while undergoing such rehabilitation, shall receive compensation at the rate provided in 1-623.05 and 1-623.10, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation. c The initial vocational rehabilitation services provided pursuant to this section shall be for a period not to exceed 90 days after the claimant reaches maximum medical improvement and vocational rehabilitation is initiated. d After the initial 90-day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Mayor, for good cause shown, for incremental periods of 90 days, not to exceed one year from the initiation of the initial vocational rehabilitation plan.
0.1.688
Total disability.
a If the disability is total, subject to the limitations in 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of his or her monthly pay, which shall be known as his or her basic compensation for total disability. b The loss of use of both hands, both arms, both feet, or both legs or the loss of sight of both eyes is prima facie permanent total disability.
0.1.689
Partial disability.
a If the disability is partial, subject to the limitations in 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of the dierence between his or her monthly pay and his or her monthly wage-earning capacity after the beginning of the partial disability. This shall be known as his or her basic compensation for partial disability.
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b (1) The Mayor shall require each employee receiving benets under this subchapter to report his or her earnings from employment or selfemployment by adavit, including by providing copies of tax documents and authorizing the Mayor to obtain copies of tax documents, within 30 days of a written request for a report of earnings. 2 An employee shall forfeit his or her right to workers compensation with respect to any period for which the report of earnings was required if the employee: A Fails to le a complete report of earnings within 30 days of a written request for a report of earnings; or B Knowingly omits or understates any part of his or her earnings. 3 Workers compensation forfeited under this section, if already paid, may be recovered by a deduction from future workers compensation payments owed to the employee or otherwise recovered under 1-623.29. 4 The Mayor shall notify any employee receiving workers compensation benets, on forms prescribed by the Mayor, of that employees armative duty to report earnings and shall specically notify the employee that a failure to report earnings may subject him or her to termination from the program and civil or criminal liability. The notice by the Mayor may be satised by printing the notice on the employee payee statement portion of indemnity check sent to the employee. 5 For the purposes of this subsection, the term earnings includes any cash, wages, or salary received from self-employment or from any other employment aside from the employment in which the worker was injured. The term earnings also includes commissions, bonuses, and the cash value of all payments and benets received in any form other than cash. Commissions and bonuses earned before disability but received during the time the employee is receiving workers compensation benets do not constitute earnings that must be reported. c An employee with a partial disability who:
1 Refuses to seek suitable work; or
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2 Refuses or neglects to work after suitable work is oered to, procured by, or secured for him or her is not entitled to compensation and such payment shall be suspended.
0.1.690
Period of disability payments.
a Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benets shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Oce of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of 1-623.24(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Oce of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision. b Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, 1980. c Subsection (a) shall apply one year after September 24, 2010.
0.1.691
Compensation schedule.
a If there is permanent disability involving the loss, or loss of use, of a member or function of the body or disgurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66 2/3 percent of his or her monthly pay. The basic compensation shall be: 1 Payable regardless of whether the cause of the disability originates in a part of the body other than that member; 2 Payable regardless of whether the disability also involves another impairment of the body; and 3 In addition to compensation for temporary total or temporary partial disability.
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b With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by the following: 1 Section 1-623.05, if the disability is total; or 2 Section 1-623.06, if the disability is partial. c The compensation schedule is as follows:
1 Arm lost, 312 weeks compensation; 2 Leg lost, 288 weeks compensation; 3 Hand lost, 244 weeks compensation; 4 Foot lost, 205 weeks compensation; 5 Eye lost, 160 weeks compensation; 6 Thumb lost, 75 weeks compensation; 7 First nger lost, 46 weeks compensation; 8 Great toe lost, 38 weeks compensation; 9 Second nger lost, 30 weeks compensation; 10 11 12 13 A Third nger lost, 25 weeks compensation; Toe other than great toe lost, 16 weeks compensation; Fourth nger lost, 15 weeks compensation; Loss of hearing: Complete loss of hearing of 1 ear, 52 weeks compensation; or
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) B Complete loss of hearing of both ears, 200 weeks compensation;
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14 Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of any eye is the same as for loss of the eye; 15 Compensation for loss of more than 1 phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the 1st phalanx is one-half of the compensation for loss of the entire digit; 16 If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively; 17 Compensation for loss of use of 2 or more digits or 1 or more phalanges of each of 2 or more digits of a hand or foot is proportioned to the loss of the use of the hand or foot occasioned thereby; 18 Compensation for permanent total loss of use of a member is the same as for loss of the member; 19 Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction; 20 In case of loss of use of more than 1 member or parts of more than 1 member as enumerated by this schedule, the compensation is for loss of the use of each member or part thereof and the awards run consecutively. When the injury aects only 2 or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as aecting both ears; 21 For serious disgurement of the face, head, or neck of a character likely to hinder an individual in securing or maintaining employment, proper and equitable compensation not to exceed $7,500 shall be awarded in addition to any other compensation payable under this schedule; or
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22 For permanent loss or loss of use of any other important external or internal organ of the body, as determined by the Mayor, proper and equitable compensation not to exceed 312 weeks for each organ so determined shall be paid in addition to any other compensation payable under this schedule. d If medical records or other objective evidence substantiate a pre-existing impairment or other impairments or conditions unrelated to the work-related injury, the Mayor shall apportion the pre-existing or unrelated medical impairment from that of the current work-related injury or occupational disease in accordance with American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). In making this determination, the Mayor shall consider medical reports by physicians with specic training and experience in the use of the AMA Guides.
0.1.692
Reduction of compensation for subsequent injury to same member.
The period of compensation payable under the schedule in 1-623.07 is reduced by the period of compensation paid or payable under the schedule for an earlier injury if: (1) Compensation in both cases is for disability of the same member or function or dierent parts of the same member or function or for disgurement; and (2) the Mayor nds that compensation payable for the later disability, in whole or in part, would duplicate the compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the scheduled period starts on the expiration of that period as reduced under this section.
0.1.693
Beneciaries of awards unpaid at death; order of precedence.
a If an individual: (1) Has sustained disability compensable under 1623.07(a); (2) has led a valid claim in his or her lifetime; and (3) dies from a cause other than the injury before the end of the period specied by the schedule; the compensation specied by the schedule that is unpaid at his or her death, whether or not accrued or due at his or her death, shall be paid: A Under an award made before or after the death;
B For the period specied by the schedule;
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C To and for the benet of the persons then in being within the classes and on the conditions and in proportions specied by this section; and D i In the following order of precedence: If there is no child, to the surviving spouse or domestic partner;
ii If there are both a surviving spouse or domestic partner and a child or children, one-half to the surviving spouse or domestic partner and one-half to the child or children; iii If there is no surviving spouse or domestic partner, to the child or children; iv If there is no survivor in the above classes, to the parent or parents completely or partially dependent for support on the decedent, or to other completely dependent relatives listed by 1-623.33, or to both in proportions provided by rules and regulations; or v If there is no survivor in the above classes and no burial allowance is payable under 1-623.34, an amount not exceeding that which would be expendable under 1-623.34, if applicable, shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he or she has paid the burial expenses: Except, that a compensated insurer or other person obligated by law or contract to pay the burial expenses or a state or political subdivision or entity is deemed not equitably entitled to such reimbursement. b (1) Except as provided in paragraph (2) of this subsection, payments under subsection (a) of this subsection, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specied by 1-623.07. 2 For an employee who would otherwise be an employee for purposes of this subchapter whose date of hire was before January 1, 1980, or whose claim for compensation for disability or death was pending before December 29, 1994, payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specied by 1-623.07, even
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if at the time of death the employee was entitled to the augmented rate specied by 1-623.10. c A surviving beneciary under subsection (a) of this section, except one under sub-subparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, does not have a vested right to payment and must be alive to receive payment. d A beneciary under subsection (a) of this section, except one under subsubparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, ceases to be entitled to payment on the happening of an event which would terminate his or her right to compensation for death under 1-623.33. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneciary in accordance with subsection (a) of this section.
0.1.694
Augmented compensation for dependents.
Notwithstanding paragraph (2) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he or she is a student as dened by 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries or enters into a domestic partnership. a For the purpose of this section, dependent means the following:
1 A spouse or domestic partner, if: A He or she is a member of the same household as the employee;
B He or she is receiving regular contributions from the employee for his or her support; or C The employee has been ordered by a court to contribute to his or her support; 2 An unmarried child, while living with the employee or receiving regular contributions from the employee toward his or her support, and who is:
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) A Under 18 years of age; or
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B Over 18 years of age and incapable of self-support because of physical or mental disability; and 3 A parent, while wholly dependent on and supported by the employee. a-1 Repealed. b An employee with a disability, whose date of hire was before January 1, 1980, with 1 or more dependents is entitled to have his or her basic compensation for disability augmented: 1 At the rate of 8 1/3 percent of his or her monthly pay if that compensation is payable under 1-623.05 or 1-623.07(a); or 2 At the rate of 8 1/3 percent of the dierence between his or her monthly pay and his or her monthly wage-earning capacity if that compensation is payable under 1-623.06. b-1 Repealed.
0.1.695
Additional compensation for services of attendants or vocational rehabilitation.
a The Mayor may pay an employee who has been awarded compensation an additional sum of not more than $500 a month, as he or she considers necessary, when he or she nds that the service of an attendant is necessary constantly because the employee is totally blind or has lost the use of both hands or both feet or is paralyzed and unable to walk or because of another disability resulting from the injury making him or her so helpless as to require constant attendance. b The Mayor may pay an individual undergoing vocational rehabilitation under 1-623.04 additional compensation necessary for his or her maintenance, but not to exceed $200 a month.
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0.1.696
Maximum and minimum monthly compensation.
a Except as provided by 1-623.38, the monthly rate of compensation for disability, including augmented compensation under 1-623.10, but not including additional compensation under 1-623.11, may not be more than 75 b For employees hired after December 31, 1979, who make a claim for compensation for disability or death after December 29, 1994, except as provided in 1-623.38, the monthly rate of compensation for disability, including augmented compensation under 1-623.10, but not including additional compensation under 1-623.11, may not be more than 73
0.1.697
Increase, decrease, or suspension of compensation.
a If an individual: (1) Was a minor or employed in a learners capacity at the time of injury, and (2) did not have a physical or mental disability before the injury, the Mayor, on review under 1-623.28 after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. b If an individual, without good cause fails to apply for and undergo vocational rehabilitation when so directed under 1-623.04, the Mayor may review such failure under 1-623.28. If the Mayor, upon review, nds that in the absence of such failure the wage-earning capacity of the individual would probably have substantially increased, the Mayor may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his or her wage-earning capacity in the absence of the failure, until such time as the individual in good faith complies with the direction of the Mayor. c If an employee hired after December 31, 1979, without good cause, fails to apply for or undergo vocational rehabilitation when so directed under 1- 623.04, his or her right to compensation under this subchapter shall be suspended until the noncompliance ceases.
0.1.698
a
Computation of pay.
For the purpose of this section:
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1 The term overtime pay means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of work time, as observed by the employing establishment. 2 The term year means a period of 12 calendar months, or the equivalent thereof as specied by rules and regulations prescribed by the Mayor. b In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section. c The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fty-second of the average annual earning. For so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, at the discretion of the Mayor, may be computed on the basis of the actual daily wage of the employee at the time of injury, in which event he or she may receive compensation for the days he or she would have worked but for the injury. d Average annual earnings are determined as follows:
1 If the employee worked in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay: A Was xed, the average annual earnings are the annual rate of pay; or
B Was not xed, the average annual earnings are the product obtained by multiplying his or her daily wage for the particular employment or the average thereof, if the daily wage has uctuated; by 300, if he or she was employed on the basis of a 6 day workweek; 280, if employed on the basis of a 5 1/2 day workweek; and 260, if employed on the basis of a 5 day workweek; 2 If the employee did not work in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury, but the position was one which would have aorded employment for substantially a whole year, the average annual
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earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment with the District government, as determined under paragraph (1) of this subsection; 3 If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he or she was working at the time of the injury having regard to the previous earnings of the employee in District of Columbia government employment, and of other employees of the District of Columbia government in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee or other relevant factors. The average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his or her injury; or 4 If the employee served without pay or a nominal pay, paragraphs (1), (2), and (3) of this subsection apply, as far as practicable, but the average earnings of the employee may not exceed the minimum rate of basic pay for GS-15 as provided in 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter; provided that the average earnings of the employee may not exceed the minimum rate of basic pay for DS-12, Step 10 or its equivalent in the collective bargaining unit for those employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year. e The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money and premium pay under 5545(c)(1) of Title 5 of the United States Code, are included as part of the pay, but account is not taken of the following: 1 Overtime pay;
497
2 Additional pay or allowance authorized outside the District of Columbia government because of dierential in cost of living or other special circumstances; or 3 Bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service.
0.1.699
Determination of wage-earning capacity.
a In determining compensation for partial disability, except permanent partial disability compensable under 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following: 1 The nature of his or her injury; 2 The degree of physical impairment; 3 His or her usual employment; 4 His or her age; 5 His or her qualications for other employment; 6 The availability of suitable employment; and 7 Other factors or circumstances which may aect his or her wage-earning capacity as a worker with a disability. b Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
498
CONTENTS
0.1.700
Limitation of right to receive compensation.
a While an employee is receiving compensation under this subchapter or if he or she has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he or she may not receive salary, pay, or remuneration of any type from the District of Columbia, except: 1 In return for service actually performed; 2 Pension for service in the Army, Navy, or Air Force; 3 Other benets administered by the Veterans Administration unless such benets are payable for the same injury or the same death; and 4 Retired pay, retirement pay, retainer pay, or equivalent pay for service in the armed forces or other uniformed services, subject to the reduction of such pay in accordance with 5532 of Title 5 of the United States Code. Eligibility for or receipt of benets under subchapter III of Chapter 83 of Title 5 of the United States Code or another retirement or disability system for employees of the government does not impair the right of the employee to compensation for scheduled disabilities specied by subsection (c) of 1623.07. a-1 An employee shall not be eligible for compensation under this subchapter if he or she was employed by the District of Columbia or the federal government before October 1, 1987, and is receiving disability benets from the federal government for the same injury. b An individual entitled to benets under this subchapter because of his or her injury, or because of the death of an employee who also is entitled to receive from the District of Columbia government under a provision of a statute, other than this subchapter, payment or benets for that injury or death (except proceeds of an insurance policy), because of service by him or her (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benets he or she will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Mayor. The election when made is irrevocable, except as otherwise provided by statute.
499
c The liability of the District of Columbia government or an instrumentality thereof, under this subchapter or any extension thereof with respect to the injury or death of an employee, is exclusive and instead of all other liability of the District of Columbia government or the instrumentality to the employee, his or her legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the District of Columbia or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmens compensation statute or under a federal tort liability statute. This subchapter does not apply to a master or a member of a crew of a vessel. d (1) If an employee who has been receiving compensation under this title is paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, becomes a retiree under the federal government civil service retirement system, that employee may not receive any further payments under this subchapter. 2 The Mayor shall promulgate rules to implement the provisions of paragraph (1) of this subsection.
0.1.701
Time of accrual of right.
a An employee is not entitled to compensation or continuation of pay as provided in 1-623.18 for the rst 3 days of temporary disability which would have otherwise been workdays for the employee, except: 1 When the disability exceeds 14 calendar days; 2 When the disability is followed by permanent disability; or 3 As provided by 1-623.03 and 1-623.04. b An employee may use annual or sick leave to his or her credit at the time the disability begins but the time period specied in subsection (a) of this section does not begin to run until the use of annual or sick leave ends.
500
CONTENTS
0.1.702
Continuation of pay; election to use annual or sick leave.
a The District of Columbia government shall authorize the continuation of pay of an employee, as dened in paragraph (1) of 1-623.01, who has led a claim for a period of wage loss due to a traumatic injury with his or her immediate superior on a form approved by the Mayor within the time specied in paragraph (2) of subsection (a) of 1-623.22. b Continuation of pay under this subchapter shall be furnished:
1 Unless controverted under rules and regulations of the Mayor; 2 For a period not to exceed 45 days for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, provided that the period of continuation of pay shall not exceed 21 days for all other employees, beginning 2 years after December 29, 1994; and 3 Under accounting procedures and such other rules and regulations as the Mayor may require. c If a claim under subsection (a) of this section is denied by the Mayor, payments under this section, at the option of the employee, shall be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of 5584 of Title 5 of the United States Code or equivalent provisions of this chapter. d Payments under this section shall not be considered compensation as dened by paragraph (12) of 1-623.01.
0.1.703
Notice of injury or death.
a An employee injured in the performance of his or her duty, or someone on his or her behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneciary specied in 1-623.33, or someone on his or her behalf. A notice of injury or death shall: 1 Be given within 30 days after the injury or death;
501
2 Be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed; 3 Be in writing; 4 State the name and address of the employee; 5 State the year, month, day, hour when, and the particular locality where the injury or death occurred; 6 State the cause and nature of the injury, or in the case of death, the employment factors believed to be the cause; 7 Be signed by and contain the address of the individual giving the notice; and 8 Be accompanied by a form approved by the Mayor authorizing access to all related medical and earnings data concerning the claimant. b Failure to give the notice shall not bar any claim under this chapter:
1 If the employer or the Disability Compensation Fund had actual knowledge of the injury or death and its relationship to the employment and the employer has not been prejudiced by failure to give the notice; 2 If the Mayor or his or her designee excuses the failure on the ground that for some satisfactory reason the notice could not be given; or 3 Unless objection to the failure is not raised before the Mayor at the rst hearing of a claim for compensation relating to the injury or death at the Department of Employment Services. c The time limitations in this section shall not apply to:
1 A minor until he or she reaches 21 years of age or has had a legal representative appointed; or
502
CONTENTS
2 An incompetent individual while he or she is incompetent and has no duly appointed legal representative.
0.1.704
Report of injury.
a The immediate superior of an employee shall report to the Mayor an injury to the employee that results in his or her death or probable injury within 3 days from the date of the injury or death or the date that the superior has knowledge of the injury, whichever is earlier. b Notwithstanding 1-623.24(a)(1), failure of a superior to report an injury or death shall not impair a claimants right to compensation. The Mayor may: 1 Prescribe the information that the report shall contain; 2 Require the immediate superior to make supplemental reports; and 3 Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.
0.1.705
Claim required; contents.
a Compensation under this subchapter may be allowed only if an individual or someone on his or her behalf makes claim therefor. The claim shall: 1 Be made in writing within the time specied by 1-623.22; 2 Be delivered to the Oce of the Mayor or to an individual whom the Mayor may designate by rules and regulations, or deposited in the mail properly stamped and addressed to the Mayor or his or her designee; 3 Be on a form approved by the Mayor; 4 Contain all information required by the Mayor; 5 Be sworn to by the individual entitled to compensation or someone on his or her behalf; and
503
6 Except in case of death, be accompanied by a certicate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability. b The Mayor may waive paragraphs (3) through (6) of subsection (a) of this section for reasonable cause shown.
0.1.706
Time for making claim.
a An original claim for compensation for disability or death must be led within 2 years after the injury or death. Compensation for disability or death, including medical care in a disability case, may not be allowed if claim is not led within that time unless: 1 The immediate superior has actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or 2 Written notice of injury or death as specied in 1-623.19 was given within 30 days. b In a case of latent disability, the time for ling a claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his or her employment. In such a case, the time for giving notice of injury begins to run when the employee is aware or, by the exercise of reasonable diligence, should have been aware that his or her condition is causally related to his or her employment, whether or not there is a compensable disability. c The timely ling of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury. d The time limitations in subsections (a) and (b) of this section do not:
1 Begin to run against a minor until he or she reaches 21 years of age or has had a legal representative appointed; or
504
CONTENTS
2 Run against an incompetent individual while he or she is incompetent and has no duly appointed legal representative; or 3 Run against any individual whose failure to comply is excused by the Mayor on the ground that such notice could not be given because of exceptional circumstances. e An injured worker may reopen a case within one year after the date of the last payment of indemnity or the nal order issued by a judicial entity.
0.1.707
Physical examinations.
a An employee shall submit to examination by a medical ocer of the District of Columbia government, or by a physician designated or approved by the Mayor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him or her present to participate in the examination. a-1 Each person who provides medical care or service under this subchapter shall utilize a standard coding system for reports and bills pursuant to regulations prescribed by the Mayor. a-2 Any medical care or service furnished or scheduled to be furnished under this subchapter shall be subject to utilization review. Utilization review may be accomplished prospectively, concurrently, or retrospectively. A decision on the medical care or service to the employee shall be made by the utilization review organization or individual within 60 days after the utilization review is requested. If the utilization review is not completed within 120 days of the request, the care or service under review shall be deemed approved. If the Mayor denies medical care or service because the medical care provider or claimant has not provided enough information for the utilization review process, the provider or claimant may request approval for the medical care or service again by providing new information. 1 In order to determine the necessity, character, or suciency of any medical care or service furnished or scheduled to be furnished under this subchapter and to allow for the performance of competent utilization review, a utilization review organization or individual used pursuant to this chapter shall be certied by the Utilization Review Accreditation Commission.
505
2 When it appears that the necessity, character, or suciency of medical care or service to an employee is improper or that medical care or service scheduled to be furnished must be claried, the Mayor, employee, or District of Columbia government may initiate review by a utilization review organization or individual. 3 If the medical care provider or employee disagrees with the opinion of the utilization review organization or individual, the medical care provider, or employee shall have the right to request reconsideration of the opinion by the utilization review organization or individual 60 calendar days from receipt of the utilization review report. The request for reconsideration shall be written and contain reasonable medical justication for the reconsideration. 4 Disputes between a medical care provider, employee, or District of Columbia government on the issue of necessity, character, or suciency of the medical care or service furnished, or scheduled to be furnished, or the fees charged by the medical care provider shall be resolved by the Mayor upon application for a hearing by the District of Columbia government, employee, or medical provider. The decision of the Mayor may be reviewed by the Superior Court of the District of Columbia. The decision may be armed, modied, revised, or remanded in the discretion of the court. The decision shall be armed if supported by substantial competent evidence on the record. 5 The District of Columbia government shall pay the cost of a utilization review if the employee seeks the review and is the prevailing party. a-3 Medical care providers shall not hold employees liable for services rendered in connection with a compensable injury under this subchapter. b An employee is entitled to be paid expenses incident to an examination required by the Mayor which, in the opinion of the Mayor, are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Mayor, are paid from the Employees Compensation Fund. c The Mayor shall x the fees for examinations under this section by physicians not employed by or under contract to the District of Columbia government to furnish medical services to employees. The fees, when authorized or approved by the Mayor, are paid from the Employees Compensation Fund.
506
CONTENTS
d If an employee refuses to submit to or obstructs an examination, his or her right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.
0.1.708
Time for making claim; nding of facts; award; right to hearing; conduct of hearing.
a The Mayor or his or her designee shall determine and make a nding of facts and an award for or against payment of compensation under this subtitle within 30 days after the claim was led based on the following guidelines: 1 The claim presented by the beneciary and the report furnished by the employees immediate superior; and 2 Any investigation as the Mayor or his or her designee considers necessary, provided that the investigation shall not extend beyond 30 days from the date that the Mayor received the report of the injury. a-1 Failure of an employees immediate superior to report an injury shall not prejudice a claimants right to benets, nor relieve the Mayor or his or her designee of the duty to make a nding of facts and an award for or against payment of compensation within 30 days after the date the claim was led. a-2 Failure of the Mayor or his or her designee to complete an investigation under subsection (a) of this section shall not prejudice a claimants right to benets. a-3 (1) If the Mayor or his or her designee fails to make a nding of facts and an award for or against payment of compensation on a newly led claim within 30 calendar days, the claim shall be deemed accepted, and the Mayor or his or her designee shall commence payment of compensation on the 31st day following the date the claim was led. This section shall not apply if the Mayor provides notice in writing that extenuating circumstances preclude the Mayor from making a decision within this period, which shall include supporting documentation stating the reasons why a nding of facts and an award for or against compensation cannot be made within this period.
507
2 If after the commencement of payment, the Mayor makes a determination against payment of compensation, payment shall cease; provided, that the Mayor or his or her designee may recoup benets under 1-623.29. The claimant shall not be required to repay monies received until all administrative remedies to the Department of Employment Service have been exhausted under subsection (b) of this section and under 1-623.28. a-4 Repealed. b (1) Before review under 1-623.28(a), a claimant for compensation not satised with a decision of the Mayor or his or her designee under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge. At the hearing, the claimant and the Corporation Counsel are entitled to present evidence. Within 30 days after the hearing, the Mayor or his or her designee shall notify the claimant, the Corporation Counsel, and the Oce of Personnel in writing of his or her decision and any modications of the award he or she may make and the basis of the decision. 2 In conducting the hearing, the representative of the Mayor is not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, or by the provisions of the District of Columbia Administrative Procedure Act (D.C. Code, 2-501 et seq.), except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he or she shall receive such relevant evidence as the claimant adduces and such other evidence as he or she determines necessary or useful in evaluating the claim. 3 The Mayor or his or her designee shall begin payment of compensation to the claimant within 30 days after the date of an order from the Department of Employment Services Administrative Law Judge. c Repealed.
d (1) The Mayor may modify an award of compensation if the Mayor or his or her designee has reason to believe a change of condition has occurred. The modication shall be made in accordance with the standards and procedures as follows:
508
CONTENTS
A The Mayor shall provide written notice to the claimant of the proposed modication with the supportive documentation relied upon for the modication; B The claimant shall have at least 30 days to provide the Mayor with written information as to why the proposed modication is not justied; and C The Mayor shall conduct a full review of the reasons for the proposed modication and the arguments and information provided by the claimant. 2 If the Mayor determines that modication of the award is required, the Mayor shall provide written notice to the claimant of the modication, including the reasons for the modication and the claimants right to seek review of that decision under subsection (b) of this section. 3 The Mayor may not modify benets until requirements under this subsection have been completed, or until any deadline established by the Mayor for the submission of additional information has expired, whichever is later, except that the following modications may be made contemporaneously with the provision of a notice under this subsection: A The award of compensation was for a specic period of time which has expired; B The death of the claimant; C The claimant has been released to return to work or has returned to work based upon clear evidence; D The claimant has been convicted of fraud in connection with the claim; or E Payment of compensation has been suspended due to the claimants failure to participate in vocational rehabilitation, failure to follow prescribed and recommended courses of medical treatment from the treating physician, or failure to cooperate with the Mayors request for a physical examination.
509
4 An award for compensation may not be modied because of a change to the claimants condition unless: A The disability for which compensation was paid has ceased or lessened;
B The disabling condition is no longer causally related to the employment; C The claimants condition has changed from a total disability to a partial disability; D The employee has been released to return to work in a modied or light duty basis; or E The Mayor or his or her designee determines based upon strong compelling evidence that the initial decision was in error. e The Mayor shall provide a claimant and his or her attorney with access to the claimants le within 5 business days after a request to review the le is made. The claimant shall be provided, upon request, with one set of copies of the documents in the le. f A claimant who is not satised with a decision under subsection (d) of this section may, within 30 days after the issuance of a decision, request a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge under subsection (b) of this section. g If the Mayor or his or her designee fails to make payments of the award for compensation as required by subsection (a-3)(1), (a-4)(2), or (b)(3) of this section, the award shall be increased by an amount equal to one month of the compensation for each 30-day period that payment is not made; provided, that the increase shall not exceed 12 months compensation. In addition, the claimant may le with the Superior Court of the District of Columbia a lien against the Disability Compensation Fund, the General Fund of the District of Columbia, or any other District fund or property to pay the compensation award. The Court shall x the terms and manner of enforcement of the lien against the compensation award.
510
CONTENTS
0.1.709
Misbehavior at proceedings.
If an individual does the following: (1) Disobeys or resists a lawful order or process in proceedings under this subchapter before the Mayor or his or her representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it, the Mayor or his or her representative shall certify the facts to the Superior Court of the District of Columbia. The Court, in a summary manner, shall hear the evidence as to the acts complained of and, if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the Court, or commit the individual on the same conditions as if the forbidden act has occurred with reference to the process of or in the presence of the Court.
0.1.710
Subpoenas; oaths; examination of witnesses.
The Mayor, on any matter within his or her jurisdiction under this subchapter, shall have the authority to: 1 Issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles of the District of Columbia; 2 Administer oaths; 3 Examine witnesses; and 4 Require the production of books, papers, documents, and other evidence.
0.1.711
Representation; attorneys; fees.
a A claimant may authorize an individual to represent him or her in any proceeding before an administrative law judge under 1-623.24(b). The claimant shall pay the fee for the representation. b (1) For the purposes of this subsection, the term successful prosecution means obtaining an award of compensation that exceeds the amount that was previously awarded, oered, or determined. The term successful prosecution shall include a reinstatement or partial reinstatement of benets which are reduced or terminated.
511
2 If a person utilizes the services of an attorney-at-law in the successful prosecution of his or her claim under 1-623.24(b) or before any court for review of any action, award, order, or decision, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorneys fee, not to exceed 20 c A person who receives any fees, other consideration, or any gratuity on account of services rendered as a representative of the claimant in an administrative or judicial proceeding under this title, or who makes it a business to solicit employment for a lawyer, or for himself in respect of any claim or award for compensation, unless such consideration or any gratuity is approved as part of an order, shall be guilty of a misdemeanor and, upon conviction for each oense shall be punished by a ne of not more than $1,000, or imprisonment for not more than one year, or both. This provision applies to all benets secured through the eorts of the attorney, including settlements provided for under this subchapter. d Repealed.
e (1) In all cases, fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the administrative law judge or any court for review of any action, award, order, or decision, the administrative law judge or court shall approve an attorneys fee for the work done before the administrative law judge or court, as the case may be, by the attorney for the claimant. 2 An approved attorneys fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation order due under an award, and the administrative law judge or court shall x in the award approving the fee such lien and manner of payment.
0.1.712
Review of award.
a The Director of the Department of Employment Services may review an award for or against payment of compensation on application by either the claimant or the Oce of the Corporation Counsel. An application for review pursuant to this subsection must be led within 30 days after the date of the issuance of the decision of the Mayor or his or her designee pursuant to 1- 623.24(b)(1). The decision of the Mayor or his or her designee
512
CONTENTS
pursuant to 1-623.24(b)(1) may be armed, modied, revised, or remanded in the discretion of the Director. The decision of the Mayor or his or her designee pursuant to 1-623.24 shall be armed if supported by substantial competent evidence on the record. The Director shall notify the claimant, the Corporation Counsel, and the Oce of Personnel in writing of his or her decision. b The action of the Director in allowing or denying a payment under this subchapter may be reviewed by the District of Columbia Court of Appeals. An application for review to the District of Columbia Court of Appeals shall be led within 30 days of the date of the issuance of the decision by the Director. The decision of the Director may be armed, modied, revised or remanded in the discretion of the Court. The decision of the Director shall be armed if supported by substantial competent evidence on the record. Credit shall be allowed in the accounts of a certifying or disbursing ocial for payment in accordance with that action. c Notwithstanding subsection (b) of this section, an action in which the United States Department of Labor (or other federal authority) participated at any stage of the adjudication allowing or denying payment under this subchapter pursuant to an agreement with the District of Columbia is: 1 Final and conclusive for all purposes and with respect to all questions of law or fact; and 2 Not subject to review by a court by mandamus or otherwise.
0.1.713
Recovery of overpayments.
a When an overpayment has been made to an individual under this subchapter because of an error of fact or law, under rules and regulations prescribed by the Mayor, either recovery of the overpayments shall be required of the individual or adjustment shall be made by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, an adjustment shall be made by decreasing later benets payable under this subchapter with respect to the individuals death. a-1 Before seeking to recover an overpayment or adjust benets, the District government shall advise the individual in writing:
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 1 That the overpayment exists, and the amount of the overpayment;
513
2 That a preliminary nding shows that the individual either was or was not at fault in the creation of the overpayment; 3 That the individual has the right to inspect and copy government records relating to the overpayment; and 4 That the individual has the right to request a waiver of the adjustment or recovery and to present evidence that challenges the fact or amount of the overpayment or the preliminary nding that he or she was at fault in the creation of the overpayment. b (1) Adjustment or recovery by the District government shall be waived when incorrect payment has been made to an individual who is without fault and recovery would defeat the purpose of this subchapter or would be against equity and good conscience. 2 (A) For the purposes of this subsection: i The term at fault means that an individual has made an incorrect statement as to a material fact that he or she knew or should have known to be incorrect; failed to provide information which he or she knew or should have known to be material; or accepted a payment which he or she knew or should have known to be incorrect. ii The term without fault means an individual is receiving benets pursuant to a good faith dispute as to whether his or her medical condition entitles him or her to receive those benets. iii The phrase recovery would defeat the purpose of this subchapter means that recovery would cause hardship to a current or former claimant or other beneciary because he or she needs substantially all of his or her current income, including compensation to meet current ordinary and necessary living expenses which shall include: I Fixed living expenses such as food, housing, utilities, maintenance, insurance, and taxes;
514 II Medical, hospitalization, and related expenses;
CONTENTS
III Expenses for the support of others for whom the individual is legally responsible; and IV Expenses that may be reasonably considered as part of the individuals standard of living. iv The phrase against equity and good conscience means that recovery would cause severe nancial hardship to an individual to make the overpayment. B The determination of whether an individual was at fault regarding an overpayment shall depend upon the totality of circumstances surrounding the overpayment including the complexity of those circumstances and the individuals capacity to realize that he or she is being overpaid. The government shall consider all pertinent circumstances including the individuals age, intelligence, and any physical, mental, educational, or linguistic limitations including any diculty with the English language. b-1 (1) Before the District government may seek to recover an overpayment or adjust benets, the government must allow the individual the opportunity to present evidence to the government in writing or at a prerecoupment hearing. The evidence must be presented or the hearing requested within 30 days of the date of the written notice of the overpayment. The 30-day requirement can be waived for good cause including mental or physical incapacity of the individual or lack of timely receipt of the notice of adjustment or recoupment. 2 An individual shall be required to provide relevant information and documentation to support his or her claim of severe nancial hardship or that the individual needs substantially all of his or her current income to meet current ordinary and necessary living expenses. Failure to submit the requested information within 30 days of the request shall result in denial of a request for a waiver and no further request for a waiver shall be considered until the requested information is furnished. c A certifying or disbursing ocial is not liable for an amount certied or paid by him when:
515
1 Adjustment or recovery of the amount is waived under subsection (b) of this section; or 2 Adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benets deductions are authorized.
0.1.714
Assignment of claim.
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
0.1.715
Subrogation of the District of Columbia.
a (1) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the District of Columbia government to pay damages, the Mayor may require the beneciary to do the following: A Assign to the District of Columbia government any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or B Prosecute the action in his or her own name. 2 An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. b A beneciary who refuses to assign or prosecute an action in his or her own name when required by the Mayor is not entitled to compensation under this subchapter. c The Mayor may prosecute or compromise a cause of action assigned to the District of Columbia government. When the Mayor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees Compensation Fund the amount of compensation already paid to the beneciary and the expense of realization or collection. Any surplus shall be paid to the beneciary and credited on future payment of compensation payable for the same injury. The beneciary is entitled to not
516
CONTENTS
less than one-fth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
0.1.716
Findings.
The Council of the District of Columbia nds that: 1 The provisions of 1-204.22(3) require that the Council of the District of Columbia adopt a comprehensive merit system of personnel management for the government of the District of Columbia before January 2, 1980. 2 The provisions of sections 1-202.01(f), 1-202.04(g), 1- 204.22(3), 1207.13(c) and (d), and 1-207.14(c), guarantee certain benets to incumbent employees of the District of Columbia government and those persons transferred to the District of Columbia government from the formerly independent National Capital Housing Authority, District of Columbia Redevelopment Land Agency and the District of Columbia Department of Manpower including, without limitation, benets relating to appointments, promotions, discipline, separation, pay, unemployment compensation, health, disability and death benets, leave, retirement, insurance, and veterans preference. 3 The present authority for lling positions within the District of Columbia government is fragmented, both between the United States Civil Service Commission and the District of Columbia government, and among various subdivisions of the District government, such as, the District of Columbia Board of Education, the Trustees of the University of the District of Columbia and other independent boards and commissions.
0.1.717
Purpose.
a The Council of the District of Columbia declares that it is the purpose and policy of this chapter to assure that the District of Columbia government shall have a modern exible system of public personnel administration, which shall: 1 Provide for increasingly autonomous control over personnel administration by the District of Columbia government;
517
2 Create uniform systems for personnel administration among the executive departments and agencies reporting directly to the Mayor of the District of Columbia and among independent agencies, boards, and commissions in the District of Columbia government; 3 Create separate personnel management systems for educational employees of the School of Law, the District of Columbia Board of Education, and the University of the District of Columbia; 4 Insure the ecient administration of this personnel system; 5 Establish impartial and comprehensive administrative or negotiated procedures for resolving employee grievances; 6 Provide for a positive policy of labor-management relations including collective bargaining between the District of Columbia government and its employees; and 7 Establish the means to recruit, select, develop, and maintain an eective and responsive work force consistent with merit principles. b The Career and Educational Services established in subchapters VIII and VIII-A of this chapter shall follow merit principles such as the following: 1 Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills, including open and competitive consideration of qualied applicants for initial appointment; 2 Providing equitable and adequate compensation; 3 Training employees, as needed, to assure high-quality performance; 4 Retaining employees on the basis of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; and
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CONTENTS
5 Assuring, as provided in this chapter, fair treatment of applicants and employees in all aspects of employment without regard to political aliation, race, color, national origin, sex, religious belief, age, marital status, personal physical appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, or developmental disability. A proper regard shall be accorded all rights of privacy and other constitutionally protected rights of citizens. c Employees are protected against coercion for partisan political purposes and are prohibited from using their ocial authority for the purpose of interfering with or aecting the result of an election or a nomination for oce.
0.1.718
Coverage; exceptions.
a Except as provided in subsection (c) of this section, unless specically exempted from certain provisions, this chapter shall apply to all employees of the District of Columbia government, except the Chief Judges and Associate Judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals and the nonjudicial personnel of said Courts. With the exception of subchapters V and XVII of this chapter, and 1608.01(e), employees of the D.C. General Hospital and the D.C. General Hospital Commission shall be exempt from the provisions of this chapter. b Repealed.
c The provisions of subchapter XV-A shall apply to employees of all District agencies, including, but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department. d With the exception of subchapters V, XXVII, XV-A, XXI, XXII, XXIII and XXVI, employees of the District of Columbia Housing Authority shall be exempt from the provisions of this chapter.
0.1.719
Limited application of chapter.
The provisions of this chapter shall apply to the following employees of the District of Columbia government only to the following extent:
519
1 The Mayor and each member of the Council of the District of Columbia are entitled to pay, as provided in 1-611.09, in accordance with the provisions of 1-204.21(d) and 1-204.03(a). The Mayor and each member of the Council of the District of Columbia may participate in personnel benet programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter, and are covered by the provisions of subchapters XVIII, XXV, XXIX, XXX, and XXXI of this chapter, and 1-604.08; 2 The President and each member of the District of Columbia Board of Education are entitled to pay, as provided in 1-611.10, and may participate in personnel benet programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter. The President and each member of the District of Columbia Board of Education are covered by the provisions of subchapters XXV, XXVIII, XXIX, XXX, and XXXI of this chapter, and 1-604.08; 3 Except as otherwise provided in this chapter, each member of a board or commission appointed to perform part-time, temporary or intermittent duties is entitled to pay as provided in 1-611.08. Full-time employees who serve on boards and commissions shall be paid in accordance with the provisions of 1-611.04 or 1-611.11. Individuals serving as employees of boards and commissions shall be covered by the provisions of 1-608.01(e). Members of boards and commissions are covered by the provisions of subchapters XVIII, XIII, XV, XXIX, XXX, and XXXI and 1-604.08 and 1-608.01(e) and shall, if eligible under the terms of an agreement entered into by the Mayor and a federal agency under the provisions of subchapter XXVIII of this chapter, be covered by the provisions of subchapters XXI, XXII, and XXVI of this chapter. This section shall not apply to compensation received by the Board of Education as provided in 1-611.10; 4 Each person employed as an educational employee of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of 1-602.03. 5 Each person employed by an Advisory Neighborhood Commission shall be governed by the provisions of subchapters XXI and XXII of this chapter. 6 Notwithstanding any other provision of District law, subchapter XV-A shall apply to all District employees.
520
CONTENTS
0.1.720
Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.
a Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of this chapter with the exception of subchapters VIII, IX (except to the extent provided therein), and X-A of this chapter. Subchapter VIII-A of this chapter shall only apply to such educational employees. b Educational employees of the Board of Trustees of the University of the District of Columbia shall not be governed by the provisions of 1-609.01 relating to the development of job descriptions in consultation with the Mayor. The Board of Trustees of the University of the District of Columbia shall develop policies on classication, appointment, promotion, retention, and tenure of employees consistent with the educational missions of their respective schools and in accordance with the sound policies and practices of the American Bar Association in the case of the School of Law, and of land-grant universities that meet the standards established by the College and Universities Personnel Association in the case of the University of the District of Columbia. Additionally, educational employees shall not be covered by subchapters VIII, X, XI (except as it provides for pay setting), XIII, XIII-A, XIX, and XXIV of this chapter. c Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualied District resident applicant shall receive an additional 10-point preference over a qualied non-District resident applicant to ll all positions as non-educational employees of the District of Columbia Board of Education and Board of Trustees of the University of the District of Columbia unless the applicant declines the preference.This 10-point preference shall be in addition to, and not instead of, qualications established for the position.All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the respective Boards.An applicant claiming the hiring preference under this section shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of residency annually to the Director of Personnel for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The District of Columbia Board of Education
521
and Board of Trustees of the University of the District of Columbia shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
0.1.721
Status of employees employed by the District of Columbia government on the date that this chapter becomes eective as provided in 1- 636.02; retention of existing rights.
a Persons employed by the District of Columbia government serving on the date that this chapter becomes eective, as provided in 1-636.02, shall be guaranteed rights and benets at least equal to those currently applicable to such persons under provisions of personnel law and rules and regulations in force on the date immediately prior to the date that this chapter becomes eective as provided in 1-636.02. b All provisions of existing contracts between the District government and labor organizations shall be honored until their expiration. c On January 1, 1980, all persons employed by the District of Columbia government, including those persons employed by the District of Columbia government on the date that this chapter becomes eective as provided in 1-636.02, shall automatically transfer into the appropriate personnel system as established pursuant to subchapters VIII and VIII-A of this chapter or 1609.04 or 1-609.09. The classication of and compensation for the position assumed upon transfer, and the rights and benets inhering in such position, shall be at least equal to the classication, compensation, rights and benets associated with the position from which said employee is transferred. The rights and benets protected under this subsection shall be only those applicable to said employees under the provisions of personnel laws and rules and regulations in force on December 31, 1979: Provided, however, that no employee covered under the provision of this subsection shall be reduced in pay except as provided in subchapter XXIV of this chapter. d After January 1, 1980, persons employed by the District of Columbia government on the date that this chapter becomes eective as provided in 1-636.02 and who transfer into the appropriate personnel system, pursuant to subsection (c) of this section, shall be governed by the provisions of this chapter, with the exception of subsection (e) of 1-608.01 and subsection (d) of 1-608.01a.
522
CONTENTS
e Employees hired on or after the date that this chapter becomes eective as provided in 1-636.02 shall be governed by all the provisions of this chapter without exception.
0.1.722
Development of new personnel system.
In accordance with the provisions of 1-602.04, the Mayor and each personnel authority shall cause the development of unied systems for all employees of the District of Columbia government. Each employee of the District of Columbia government employed on December 31, 1979, shall be guaranteed no reduction of current pay and benets except as provided in subchapter XXIV of this chapter.
0.1.723
Supersession provisions; eectiveness of collective bargaining on compensation matters.
On the date that the provisions of 1-617.16 become operational and negotiations commence concerning compensation matters, all employees of the District government in the appropriate bargaining units under 1-617.16, including those described in 1-602.04, shall be subject to the procedures and provisions for establishing compensation provided in 1-617.16: Provided, however, that no employee subject to the provisions of 1-602.04 shall be reduced in actual pay, except in accordance with the provisions of subchapter XXIV of this chapter.
0.1.724
Denitions.
For the purpose of this chapter unless otherwise required by the context: 1 The term agency means any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia government created by the reorganization of 1 or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. 2 The term boards and commissions means bodies established by law or by order of the Mayor of the District of Columbia consisting of appointed
523
members to perform a trust or execute ocial functions on behalf of the District of Columbia government. Compensation or reimbursement of expenses, if any, to such members shall be provided according to 1-611.08; provided, however, that full-time employees shall be paid in accordance with the provisions of 1- 611.04 or 1-611.11. 3 The term Career Service means positions in the District of Columbia government as provided for in subchapter VIII of this chapter and 1- 602.04. 4 The term Council means the Council of the District of Columbia, created pursuant to 1-204.01. 5 The term District means the District of Columbia government (D.C. Ocial Code 1-102). 5A The term domestic partner shall have the same meaning as provided in 32-701(3). 5B The term domestic partnership shall have the same meaning as provided in 32-701(4). 5C The term domicile means: A Physical presence in the District of Columbia; and
B An intent to abandon any and all former domiciles and remain in the District of Columbia during the duration of the appointment. 6 The term educational employee means an employee of the District of Columbia Board of Education or of the Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions: A Clerical, stenographic, or secretarial positions;
B Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;
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CONTENTS
C Bus drivers and other drivers involved in the transportation of persons, equipment, materials or inventory; D Cooks, dieticians, and other positions involved in direct planning, preparation, service, and conditions of preparation and service of food; E Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or F Positions the major duties in which consist of the supervision of employees covered in subparagraphs (A) through (E) of this denition: provided, however, that this subparagraph shall not be deemed to include heads of academic units at the School of Law or the University of the District of Columbia. 7 The term employee means, except when specically modied in this chapter, an individual who performs a function of the District government and who receives compensation for the performance of such services. 8 The term Excepted Service means positions in the District of Columbia government as provided for in subchapter IX of this chapter. 8A The term exceptional circumstances means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by an agency hiring an individual to ll a position in the Excepted and Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to 1-609.06 and 1-610.59. 9 The term Executive Service means any subordinate agency head whom the Mayor is authorized to appoint in accordance with subchapter X-A of this chapter. 9A Gender identity or expression shall have the same meaning as provided in 2-1401.02(12A).
525
10 The term grievance means any matter under the control of the District government which impairs or adversely aects the interest, concern, or welfare of employees, but does not include adverse actions resulting in removals, suspension of 10 days or more, or reductions in grade, reductions in force or classication matters. This denition applies to matters which are subject to procedures established pursuant to section 1-616.53 and is not intended to restrict matters that may be subject to a negotiated grievance and arbitration procedure in a collective bargaining agreement between the District and a labor organization representing employees. 10A The term hard to ll position means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualication requirements for the position. 11 The term head means the highest ranking executive ocial of an agency. 12 The term holidays means any day established as a legal holiday pursuant to subchapter XII of this chapter. 13 The term independent agency means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections and Ethics, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, and the Oce of Employee Appeals. For the purposes of this chapter, the Council of the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District. 13A The term Legal Service means positions in the District of Columbia government as provided for in subchapter VIII-B of this chapter.
526
CONTENTS
13B The term Management Supervisory Service means positions in the District of Columbia government as provided for in subchapter IX-A of this chapter. 13C The term nonschool-based personnel means any employee of the District of Columbia Public Schools who is not based at a local school or who does not provide direct services to individual students. 14 The term personnel authority means an individual with the authority to administer all or part of a personnel management program as provided in subchapter IV of this chapter. 14A A Public ocial means:
A candidate for nomination for election, or election, to public oce;
B The Mayor, Chairman, and each member of the Council of the District of Columbia holding oce under Chapter 2 of this title; C The Attorney General; D A Representative or Senator elected pursuant to 1-123;
E An Advisory Neighborhood Commissioner; F A member of the State Board of Education; G A person serving as a subordinate agency head in a position designated as within the Executive Service; H A member of a board or commission listed in 1-523.01(e); and
I A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conict of interest or the appearance of a conict of interest; and
527
any additional employees designated by rule by the Ethics Board who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conict of interest or the appearance of a conict of interest. 15 The term resident means any person who is a domiciliary of the District of Columbia and who throughout his or her employment by the District maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy. 15A The term school administrators means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia Public Schools. 16 The term standard means any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classication of positions, establishment of pay, evaluation of qualications, and appraisal of work performance. 17 The term subordinate agency means any agency under the direct administrative control of the Mayor, including, but not limited to, the following: A Oce of Operations (Mayors Order 83-17);
B Oce of Economic Development (Mayors Order 83-18); C Oce of Financial Management (Mayors Order 83-19); D Oce of the Corporation Counsel (Reorganization Order 50);
E Department of Corrections (Organization Order 7); F Department of Public Works (Reorganization Plan No. 4 of 1983);
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CONTENTS
G Department of Finance and Revenue (Commissioners Order 69-96); H Fire and Emergency Medical Services Department (Reorganization Order 6); I Department of Administrative Services (Reorganization Plan No. 5 of 1983); J Department of Housing and Community Development (Reorganization Plan 3 of 1975); K Repealed; L M Metropolitan Police force (D.C. Ocial Code, 5-105.05); Department of Parks and Recreation (Organization Order 10);
N Department of Human Services (Reorganization Plan No. 2 of 1979 and Mayors Reorganization Plan No. 3 of 1986), including: i ii The Commission on Social Services; Repealed;
iii Repealed; and iv Repealed;
O Department of Employment Services (Reorganization Plan No. 1 of 1980); P Department of Consumer and Regulatory Aairs (Reorganization Plan No. 1 of 1983); Q Homeland Security and Emergency Management Agency; R Oce of Human Rights;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) S T Oce of Personnel (D.C. Ocial Code, 1-604.02); Oce on Latino Aairs (D.C. Ocial Code, 2-1311);
529
U Oce on Aging (D.C. Ocial Code, 7-503.01); V W X Repealed; Board of Parole (Organization Order 6); Repealed;
Y Oce of Business and Economic Development (D.C. Ocial Code, 21201.02); Z Oce of the Secretary of the District of Columbia (Mayors Order 8477); AA BB Oce of Inspector General (D.C. Ocial Code, 1-301.115a); Repealed;
CC Repealed; DD Oce of Cable Television and Telecommunications. EE FF GG HH Repealed; Repealed; Repealed; Oce of the Budget (Mayors Order 79-5);
II Repealed; JJ Repealed;
530 KK Repealed;
CONTENTS
LL Commission on the Arts and Humanities; MM NN OO Department of Health; Oce of Contracting and Procurement; Repealed;
PP Department of Insurance, Securities, and Banking; QQ RR SS Repealed; Oce of the Chief Technology Ocer; Department of Motor Vehicles;
TT Oce of Planning (Mayors Order 83-25); UU Oce of Local Business Development; VV WW XX YY Oce of Deputy Mayor for Planning and Economic Development; Oce of the Chief Medical Examiner; Child and Family Services Agency; Department of Mental Health;
ZZ District Department of Transportation; AAA Oce of Unied Communications; BBB Department of Youth Rehabilitation Services; CCC The Oce of Risk Management, established by Reorganization Plan No. 1 of 2003;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) DDD Department on Disability Services; and EEE District of Columbia Public Schools.
531
0.1.725
Policy.
It is the intent of the Council that the Districts personnel management system provide for equitable application of appropriate rules or regulations among all agencies. Further, it is the intent of the Council that the rules, regulations, and standards issued by the personnel authorities under this chapter should be as exible and responsive as possible and reect an awareness of innovation in the elds of modern personnel management and public administration.
0.1.726
Oce of Personnel established; appointment and eligibility of Director; delegation of Mayors authority.
a There is established an Oce of Personnel, the head of which is the Director of Personnel. b The Director of Personnel shall be appointed by the Mayor in accordance with the provisions of subchapter X-A of this chapter. c To be eligible for appointment as Director of Personnel a person shall have demonstrated, through his or her knowledge and experience, the ability to administer a public personnel program of the size and complexity of the program established by this chapter. d The Mayor may delegate his or her authority under this chapter, in whole or in part, exclusively to the Director of Personnel. e Subject to the availability of appropriations, the Director of Personnel shall conduct classication and compensation studies of all sworn and civilian pay classes of the Fire and Emergency Medical Services Department and the Metropolitan Police Department and, based upon those studies, recommend reforms to promote equity, competitive pay, and sound performance management. The areas for review shall include recruitment, retention, longevity, hazardous duty, technical pay, and pay incentives for recognition of superior performance based on standards promulgated by the Director of Personnel.
532
CONTENTS
0.1.727
Authority of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.
The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia may delegate their duties and functions under this chapter, in whole or in part, to employees under their respective jurisdictions.
0.1.728
Issuance of rules and regulations aecting personnel for employees of the District of Columbia.
a The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, VIII-B, IX, IX-A, X-A, XI, XII, XIII, XIIIA, XV, XVI-A, XVII, XVIII, XIX, XX, XX-A, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, and XXXIV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter. b The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapter VIII-A of this chapter. c (1) The District of Columbia Board of Education shall issue rules and regulations to implement the provisions of subchapters VII, XIII, XIX, XXIV, and XXVII of this chapter, and 1-602.03, 1-604.03 and 1-611.11 for educational employees under its respective jurisdictions. 2 The Board of the University of the District of Columbia shall issue rules and regulations to implement the provisions of subchapters VII and XXVII of this chapter, and 1-602.03, 1-604.03, and 1-611.11 for educational employees under its jurisdiction. 3 Repealed. d The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XII, XIII-A, XVI-A, XVII, XXV, and XXXI of this chapter, and 1-602.02(2) for all employees under their respective jurisdictions.
533
e The Public Employee Relations Board shall issue rules and regulations to carry out its authority under subchapters V and XVII of this chapter. f The Oce of Employee Appeals shall issue rules and regulations to carry out its authority under subchapter VI of this chapter. g The District of Columbia Board of Elections and Ethics shall issue rules and regulations to carry out its authority under subchapter XXV of this chapter. h Except where proscribed by law or issued under the authority of subsection (e), (f), or (g) of this section, rules and regulations issued pursuant to this chapter shall not be a bar to collective bargaining during the negotiation process with an exclusively recognized labor organization.
0.1.729
Issuance of rules and regulations.
Rules and regulations proposed or issued pursuant to 1-604.04, and amendments, shall be issued according to the provisions of 2-505.
0.1.730
Personnel authority.
a The implementation of the rules and regulations shall be undertaken by the appropriate personnel authority for employees of the District. b For the purposes of subsection (a) of this section, the personnel authority for District of Columbia government means the Mayor for all employees, except as provided in 1-602.03 and as follows: 1 For noneducational employees of the District of Columbia Board of Education, the personnel authority is the District of Columbia Board of Education; 2 For noneducational employees of the Board of Trustees of the University of the District of Columbia, the personnel authority is the Board of Trustee of the University of the District of Columbia; 3 For employees of the Council of the District of Columbia, the personnel authority is:
534
CONTENTS
A (i) The Chairman of the Council for all central sta of the Council and the employees in the Legal Services employed by the Council of the District of Columbia. For the purposes of this subchapter, the term central sta of the Council refers to those employees described in 1-609.03(a)(3) except those assigned to an individual member of the Council; provided, however, that the Secretary, General Counsel, and Budget Director to the Council to the Council shall be appointed by the Council of the District of Columbia according to its rules of procedure and organization; and ii For employees of the Council, the Chairman of the Council shall exercise the authority possessed by the Director of the Department of Human Resources and may adopt personnel procedures applicable to those employees; and B each member of the Council for his or her personal and committee sta; provided, however, that the respective committees of the Council shall approve the appointment of each committee staperson. The Chairman and each member of the Council shall utilize the Secretary to the Council for the actual transaction of all personnel matters for employees of the Council; 3A For the Executive Director of the Oce of Advisory Neighborhood Commissions, the personnel authority is the Chairman of the Council. 4 For employees of the Board of Elections, the personnel authority is the Board of Elections; provided, however, that this authority shall not apply to the Director of Campaign Finance ( 1-1163.02). For employees in the Oce of Director of Campaign Finance, the personnel authority is the Director of Campaign Finance; 5 For employees of the Public Service Commission, the personnel authority is the Public Service Commission; provided, however, that the Peoples Counsel (D.C. Ocial Code, 34-804) shall be appointed according to law and for employees under the direct administrative control of the Peoples Counsel, the personnel authority is the Peoples Counsel; 6 For the Executive Director of the Public Employee Relations Board, created by subchapter V of this chapter, the personnel authority is the Public Employee Relations Board; and for all other employees of the Board, the personnel authority is the Executive Director of the Board;
535
7 For the Executive Director of the Oce of Employee Appeals and the General Counsel of the Oce of Employee Appeals created by subchapter VI of this chapter, the personnel authority is the Oce of Employee Appeals; and for all other employees of the Oce, the personnel authority is the Executive Director; 8 For employees of the Oce of District of Columbia Auditor (D.C. Ocial Code, 1-204.55), the personnel authority is the Auditor of the District of Columbia; 9 Repealed; 10 For employees of the District of Columbia Armory Board (D.C. Ocial Code, 3-302), the personnel authority is the Armory Board; 11 For employees of the District of Columbia Law Revision Commission, the personnel authority is the District of Columbia Law Revision Commission; 12 For employees of the District of Columbia Board of Library Trustees, the personnel authority is the Board of Library Trustees; 13 Repealed;
14 For the Executive Director and Deputy Director of the District of Columbia Lottery and Charitable Games Control Board (Board), the personnel authority is the Board, and for all other employees of the Board the personnel authority is the Executive Director of the Board; 15 For employees of the District of Columbia Retirement Board, the personnel authority is the District of Columbia Retirement Board; 16 For the Director of the Oce of Zoning, the personnel authority shall be the District members of the Zoning Commission for the District of Columbia, and for any other employee of the Oce of Zoning the personnel authority shall be the Director of the Oce of Zoning; 17 For employees of the Child and Family Services Agency, the personnel authority is the Director of the Child and Family Services Agency;
536
CONTENTS
18 For employees of the Criminal Justice Coordinating Council, the personnel authority is the Criminal Justice Coordinating Council; 19 For employees of the District of Columbia Sentencing and Criminal Code Revision Commission, the personnel authority is the District of Columbia Sentencing and Criminal Code Revision Commission; 20 For employees of the Department of Mental Health, the personnel authority is the Director of the Department of Mental Health; and 21 For the Director of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the members of the Alcoholic Beverage Control Board for the District of Columbia, and for any other employee of the Alcoholic Beverage Regulation Administration, the personnel authority shall be the Director of the Alcoholic Beverage Regulation Administration.
0.1.731
Transfer of personnel functions to Oce of Personnel; exception; property and funds transferred; separation and reassignment of transferred employee.
All positions and employees of the District who spent 50 percent or more of their regular duty hours on January 1, 1976, or at any time since that date performing personnel functions, are transferred to the Oce of Personnel unless properly reclassied by the District of Columbia Oce of Personnel, except as provided herein. The provisions of this section shall not apply to employees in positions within the independent agencies. All property and funds associated with those positions and employees transferred to the Oce of Personnel are transferred thereto as provided in subchapter XXXVI of this chapter unless prohibited by statute. Any employee found to be superuous to the needs of the Oce of Personnel shall be separated from his or her position in accordance with appropriate reduction-in-force procedures as provided in subchapter XXIV of this chapter. The Mayor may authorize the reassignment of such employees as is appropriate.
0.1.732
Oath of oce.
Each personnel authority of an agency of the District shall designate a person to administer the oath of oce to each employee of that agency. The oath shall be as follows:
537
I, (employees name) do solemnly swear (or arm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the oce on which I am about to enter.
0.1.733
Establishment of Board; qualications; composition; term of oce; removal; vacancies; conict of interest; compensation; attendance at meetings; appointment of employees; request for appropriations; quorum.
a There is established a Public Employee Relations Board (hereinafter referred to in this subchapter as the Board) consisting of 5 members, not otherwise in the employment of any labor organization granted exclusive recognition under this chapter or the District of Columbia government: Except, that members of the Board of Labor Relations established by Commissioners Order 70-229 may be appointed to the Public Employee Relations Board. The members shall be appointed by the Mayor within 60 days after the eective date of this subsection. b The Mayor shall select members of the Board from persons who through their experience have demonstrated an expert knowledge of the eld of labor relations and who possess the integrity and impartiality necessary to protect the public interest and the interests of the District of Columbia government and its employees. Every eort shall be made to select members who have experience in public sector labor relations and preference shall be given to such persons in the Mayors appointments to the Board. c The members of the Board shall be selected by the Mayor in the following manner: 1 One member shall be chosen from those persons whose names appear upon lists proposed by labor organizations each of which has been granted exclusive recognition for at least 250 District government employees at the time that the Mayor is making his or her selection; 2 One member shall be chosen from a list of at least 2 names proposed by an ad hoc committee appointed by the Mayor representing agency heads within the District government; and
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CONTENTS
3 Three neutral members, of whom 1 shall be designated by the Mayor as Chairperson, shall be public members. d The term of oce for each member is 3 years: Except, that members rst appointed to the Public Employee Relations Board shall serve the following terms: (1) Two members shall serve for 1 year; (2) two additional members shall serve for 2 years; and (3) the Chairperson shall serve a 3-year term. The Mayor shall designate the term of each member at the time of his or her appointment. e The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (g) of this section or for repeated failures to attend Board meetings, and appoint a new member in accordance with the provisions of subsection (c) of this section to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity, he or she shall initiate an action in the Superior Court of the District of Columbia in accordance with the provisions of 16-3521 et seq. to remove such member. f Any vacancy occurring in the Board shall be lled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays. g A member of the Board who: (1) Violates the provisions of subsection (a) of this section; (2) engages in a conict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted for an offense against the labor relations laws of the United States or of the District of Columbia, or for any other crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualication to hold oce, in addition to the other punishment prescribed for such oenses, shall be removed from oce as provided in this section. h The procedure provided in subsection (c) of this section for lling a vacancy resulting from the expiration of a term of oce shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation, or death of a member, the new appointees term of oce shall be for the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsection (c) of this section. No person shall serve for more than 2 consecutive terms.
539
i If at any time any matter comes before the Board in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualied from participation in the consideration of said matter. j Each member of the Board is entitled to compensation as provided in 1- 611.12. Each member of the Board is expected to attend the regularly scheduled meetings of the Board. Thus a member may be removed by the Mayor, as provided in subsection (g) of this section, for repeated failures to attend such meetings, thereby hindering the work of the Board. k The Board may appoint such employees as may be required to conduct its business. The Board is authorized to request such appropriations as may be necessary to carry out its functions. Each employee of the Board, except the Executive Director, is in the Career Service as dened in subchapter VIII of this chapter. The Executive Director and the attorneys shall be in the Legal Service as dened in subchapter VIII-B of this chapter. The Executive Director shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Board. Failure to maintain District residency shall result in a forfeiture of the position. l Three members of the Board shall constitute a quorum for the transaction of business.
0.1.734
Powers of the Board.
The Board shall have the power to do the following: 1 Resolve unit determination questions and other representation issues (including but not limited to disputes concerning the majority status of a labor organization); 2 Certify and decertify exclusive bargaining representatives; 3 Decide whether unfair labor practices have been committed and issue an appropriate remedial order;
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CONTENTS
4 Resolve bargaining impasses through fact-nding, nal and binding arbitration, or other methods agreed upon by the parties as approved by the Board and to remand disputes if it believes further negotiations are desirable. Arbitration shall not be conducted by the Board itself, but the Board shall provide arbitrators selected at random from a panel or list of arbitrators maintained by the Board and consisting of persons agreed upon by labor and management; 5 Make a determination in disputed cases as to whether a matter is within the scope of collective bargaining; 6 Consider appeals from arbitration awards pursuant to a grievance procedure; provided, however, that such awards may be modied or set aside or remanded, in whole or in part, only if the arbitrator was without, or exceeded, his or her jurisdiction; the award on its face is contrary to law and public policy; or was procured by fraud, collusion, or other similar and unlawful means; provided, further, that the provisions of this paragraph shall be the exclusive method for reviewing the decision of an arbitrator concerning a matter properly subject to the jurisdiction of the Board, notwithstanding any provisions of Chapter 44 of Title 16; 7 Conduct investigations, hear testimony, and take evidence under oath at hearings on any matter subject to its jurisdiction; 8 Administer oaths or armations and through the power of subpoena, require the attendance of witnesses with any necessary records or other information which have a bearing on the dispute, without, however, abrogating rules and regulations abridging the condentiality of personnel les as provided in subchapter XXXI of this chapter; 9 Make decisions and take appropriate action on charges of failure to adopt, subscribe, or comply with the internal or national labor organization standards of conduct for labor organizations; 10 Make recommendations concerning desirable revisions or amendments to the District government labor relations law; 11 Adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties;
541
12 The Board may designate a 3-member panel to hear any matter brought to it under this chapter. The decision of the 3-member panel shall be considered the nal decision of the Board. An appeal from a decision of any 3-member panel may be taken in accordance with the provisions of 1-617.02 and 1- 617.13; 13 Establish and maintain a list of qualied mediators, fact nders and arbitrators after consulting with employee organizations and management representatives, and appoint them; 14 Retain, through the Director of the Oce of Contracting and Procurement, independent legal counsel to assist in Board activities when the District government is a party to the Boards proceedings or in any other situation as the Board deems appropriate; 15 Develop a system for the collection, maintenance, and dissemination of labor-management relations information as appropriate to the needs of the District, labor organizations, and the public; and 16 Seek appropriate judicial process to enforce its orders and otherwise carry out its authority under this chapter. In cases of contumacy by any party or other delay or impediment of any character, the Board may seek any and all such judicial process or relief as it deems necessary to enforce and otherwise carry out its powers, duties and authority under this chapter. 17 Notwithstanding any other provision of this section, all procurement authority shall be vested in the Oce of Contracting and Procurement; provided, that the Mayors obligations pursuant to 1-204.49, to provide nancial review and approval of contracts is unaected.
0.1.735
Transition procedures.
a The property and facilities of the Board of Labor Relations, established pursuant to Commissioners Order 70-229, shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter. b The personnel and positions assigned to the Board of Labor Relations shall be transferred to the Public Employee Relations Board as provided in subchapter XXXVI of this chapter: Provided, however, that incumbents of
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CONTENTS
positions considered surplus to the needs of the Public Employee Relations Board may be separated in accordance with the provisions of subchapter XXIV of this chapter. c All cases pending before the Board of Labor Relations shall be transferred to the Public Employee Relations Board on the eective date of subchapters V and XVII of this chapter as prescribed by 1-636.02(i). The Public Employee Relations Board, with respect to any such transferred case, shall take such action as could have been taken by the Board of Labor Relations pursuant to labor-management relations programs as they existed when the case was led, including those programs referred to in 1-632.07(a).
0.1.736
Administration.
The Mayor shall administer and decide all questions arising under this chapter. The Mayor may delegate to the City Administrator any of the powers conferred on him or her by this chapter, except disability compensation hearings and adjudication powers, pursuant to 1-623.28, which shall be exercised by the Director of the Department of Employment Services.
0.1.737
Establishment of the Oce of Employee Appeals; composition; qualications; term of oce; vacancies; Chairperson; quorum; appeal procedure; conict of interest; compensation; appointment of employees; expenditures; removal; exclusivity of position.
a There is established an Oce of Employee Appeals (hereinafter referred to in this subchapter as the Oce). The Oce shall be composed of 5 members to be appointed by the Mayor in accordance with the provisions of subsection (b) of this section within 60 days of the date this chapter becomes eective as provided in 1-636.02. Members of the Oce shall have demonstrated knowledge concerning personnel management or labor relations, and a reputation for impartiality and integrity in the discharge of their responsibilities. No member shall be eligible for reappointment. b The term of oce of each member of the Oce shall be 6 years: Except, that: (1) Of those members rst appointed, 2 shall serve for 2 years and 3 shall serve for 4 years, respectively, from the date of appointment; and (2) any member appointed to ll a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed
543
for the remainder of such term. No member may serve beyond the expiration of his or her term, except that a member serving a term of less than 6 years, who was appointed under clause (1) of this subsection, or a member who is appointed to serve the remainder of an unexpired term of three years or less, who was appointed under clause (2) of this subsection, may be reappointed for a full 6- year term. Appointments to ll vacancies shall be made in accordance with the provisions of subsection (a) of this section. The Mayor shall designate the term of each member at the time of his or her appointment. c The Chairperson of the Oce shall be designated by the Mayor. The Chairperson shall be the chief executive of the Oce. The Mayor shall from time to time designate 1 member as Vice Chairperson of the Oce. During the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson. d Three members of the Oce shall constitute a quorum for the transaction of ocial business and the issuance of rules and regulations. The Oce may hear appeals brought before it under this subchapter by a hearing examiner. An appeal from a decision of any such hearing examiner may be taken either to the full Oce or to the Superior Court of the District of Columbia at the option of any adversely aected party. If an appeal is taken directly to the Superior Court of the District of Columbia, the decision of a hearing examiner, for the purposes of such appeal, shall be considered as the nal decision of the Oce. If an appeal is taken from a decision of a hearing examiner to the full Oce, the decision of the hearing examiner shall be stayed pending a nal decision of the Oce. Upon a vote of a majority of its members, the Oce may hear de novo all issues of fact or law relating to an appeal of a decision of the hearing examiner, except the Oce may decide to consider only the record made before such hearing examiner. A nal decision of the full Oce, relating to an appeal brought to it from a hearing examiner, shall be appealable to the Superior Court of the District of Columbia. Upon reviewing the nal decision of the Oce, the Court shall determine if it is supported by substantial evidence. e If at any time any matter comes before the Oce in which any member has any interest, directly or indirectly, other than as that of a taxpayer, the member shall publicly so state and this statement shall be recorded in the minutes of that meeting. The member thereafter is disqualied from
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CONTENTS
participation in the consideration of the matter under deliberation. f Each member of the Oce is entitled to compensation at the rate of $125 per diem or $15.62 per hour whichever provides less, while actually in the service of the Oce. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period. Adjustment to such rates of compensation shall be made in accordance with 1-611.08(b), not to exceed the sum of $20,000 per annum. g (1) The Chairperson of the Oce shall appoint: A (i) An Executive Director;
ii The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position; B A General Counsel, who shall report to the Executive Director. 2 The Executive Director shall report to the Chairperson and shall: A Manage all agency operations and programs that support the work of the Oce; B Make all nal decisions regarding the performance of the Oces personnel, other than for the Executive Director and General Counsel, and scal management, general administrative support services, procurement, and contracts; C Maintain the security of documents and claims; and D Appoint other employees and make whatever expenditures are authorized to carry out the functions of the Oce. 3 The Oce shall:
545
A Establish and maintain systems for the timely processing, recording, and control of cases; B Maintain a data base system to record and provide information on the status and disposition of cases; C Prepare and certify ocial records; D Publish nal decisions of the Oce;
E Provide initial responses to Freedom of Information Act requests; F Manage a formal system for the organization, maintenance, and disposition of Oce records; G Formulate and implement programs and policies that provide research assistance to the Oce and the public; and H Maintain an updated index of cases, to include among other things subject matter and outcome, to provide research assistance to the Oce and the public. 4 The General Counsel shall: A Provide legal advice to the Oce; and
B Assist in the enforcement of orders pursuant to 1-606.09. h The Oce shall be considered an independent agency for budgetary and administrative purposes. i (1) The Mayor may remove any member of the Oce who engages in any activity prohibited by subsection (j) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity he or she shall initiate an action, in the Superior Court of the District of Columbia in accordance with the provisions of 16-3521 et seq., to remove such member.
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CONTENTS
2 Any vacancy occurring in the Oce shall be lled within 45 days after the occurrence of such vacancy excluding Saturdays, Sundays and legal holidays.
3 The procedure provided for in subsections (a) and (b) of this section for lling a vacancy resulting from the expiration of a term of oce shall be initiated at least 30 days prior to the expiration. If a vacancy occurs during a term due to removal, resignation or death of a member, the new appointees term of oce is the remainder of the unexpired term. Appointment procedures for such new appointees shall be those provided in subsections (a) and (b) of this section.
j Any member of the Oce who: (1) Violates the provisions of subsection (k) of this section; (2) engages in a conict of interest in violation of the provisions of subchapter XVIII of this chapter; or (3) is convicted of a crime, which if committed in the District of Columbia would be a felony, which is by this or any other statute punishable by disqualication to hold oce, in addition to the other punishment prescribed for such oense, shall be removed from oce as provided in this section.
k No member of the Oce may hold any other position in the District government or any subordinate position in the Oce.
l Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualied District resident applicant shall receive an additional 10-point preference over a qualied non-District resident applicant for all positions within the Oce unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Oce. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of residency annually to the Director of Personnel for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Oce of Employee Appeals shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
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0.1.738
Authority; duties of the Oce.
a The Oce shall have, in addition to the authority necessary and proper for carrying out its duties as specied elsewhere in this subchapter, the authority to: 1 Appoint and remove employees of the Oce, subject to applicable provisions of this chapter; 2 Hear and adjudicate appeals received from District agencies and from employees as provided in this subchapter; 3 Issue an annual report on the activities of the Oce to the Mayor and Council which should include, at a minimum, the following: A The number and nature of cases heard by the Oce, and the type of order issued in each case; B The number of appeals heard by Oce panels and the disposition of such appeal or type of order issued in each case; C The number of appeals taken to Superior Court of the District of Columbia (both directly and from Oce panels) and the disposition of or status of each case; and D A statement of the amount of time taken to reach a nal disposition of each case brought before the Oce and a statement of the number of backlogged cases, if any; 4 Compel the appearance of witnesses and production of documents by subpoena, enforceable by the Oce in the Superior Court of the District of Columbia; 5 Issue any rules and regulations necessary to carry out its duties under this chapter; and
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CONTENTS
6 Order any agency or employee of the government of the District of Columbia to comply with an order or decision issued by the Oce under the authority of this chapter and to enforce compliance with the order or decision. b Any performance rating, grievance, adverse action or reduction-in-force review, which has been included within a collective bargaining agreement under the provisions of subchapter XVII of this chapter, shall not be subject to the provisions of this subchapter.
0.1.739
Appeal procedures.
a An employee may appeal a nal agency decision aecting a performance rating which results in removal of the employee (pursuant to subchapter XIII-A of this chapter), an adverse action for cause that results in removal, reduction in force (pursuant to subchapter XXIV of this chapter), reduction in grade, placement on enforced leave, or suspension for 10 days or more (pursuant to subchapter XVI-A of this chapter) to the Oce upon the record and pursuant to other rules and regulations which the Oce may issue. Any appeal shall be led within 30 days of the eective date of the appealed agency action. b In any appeal taken pursuant to this section, the Oce shall review the record and uphold, reverse, or modify the decision of the agency. The Oce may order oral argument, on its own motion or on motion led by any party within 15 days, and provide such other procedures or rules and regulations as it deems practicable or desirable in any appeal under this section. c All decisions of the Oce shall include ndings of fact and a written decision, as well as the reasons or basis for the decision upon all material issues of fact and law presented on record, and order; provided, however, that the Oce may arm a decision without ndings of fact and a written decision. Such decisions shall be published in accordance with the rules and regulations of the Oce, and shall be published in the District of Columbia Register. Any decision by a Hearing Examiner shall be made within 120 days, excluding Saturdays, Sundays, and legal holidays, from the date of the appellants ling of the appeal with the Oce. Within 45 days, excluding Saturdays, Sundays, and legal holidays, after the appeal is led with the Oce, the Oce shall determine whether, in accordance with this section
549
and the Oces own rules, the Oce has jurisdiction. Any decision shall include a statement of any further process available to the appellant including, as appropriate, a petition for review or a petition for enforcement and judicial review. Copies of the decision shall be immediately transmitted to the Oce and all parties to the appeal, including named parties and intervenors. The initial decision of the Hearing Examiner shall become nal 35 days after issuance, unless a party les a petition for review of the initial decision with the Oce within the 35-day ling period. In accordance with 1- 604.04, the Oce may promulgate rules to allow a Hearing Examiner a reasonable extension of time if extraordinary circumstances dictate that an appeal cannot be decided within the 120-day period. After issuing the initial decision, the Hearing Examiner shall retain jurisdiction over the case only to the extent necessary to correct the record, rule on a motion for attorney fees, or process any petition for enforcement led under the authority of the Oce. If the Oce denies all petitions for review, the initial decision shall become nal upon the issuance of the last denial. If the Oce grants a petition for review, the subsequent decision of the Oce shall be the nal decision of the Oce unless the decision states otherwise. Administrative remedies are considered exhausted when a decision becomes nal in accordance with this section. d Any employee or agency may appeal the decision of the Oce to the Superior Court of the District of Columbia for a review of the record and such Court may arm, reverse, remove, or modify such decision, or take any other appropriate action the Court may deem necessary.
0.1.740
Agency hearing procedures.
a The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings aecting individual employees whose removal is proposed or eected for cause pursuant to subchapter XVI-A of this chapter. b The personnel authority shall provide for 15 days advance notice in writing stating the specic reasons for the proposed action prior to an adverse action against an employee for cause that results in removal, a reduction in grade, or a suspension of 10 days or more. This provision may be waived by the agency head if the employees conduct threatens the integrity of government operations, constitutes an immediate hazard to the agency, to other
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CONTENTS
employees of the government, or to the employee, or to the public health, safety, or welfare. c The personnel authority shall provide that any employee whose removal from service, reduction in grade, or suspension of 10 days or more is proposed, or whose removal is eected pursuant to 1-616.51(5) have the following rights: 1 To review any material upon which the proposal or action is based; 2 To prepare a written response to the notice provided in subsection (b) of this section, including adavits and other documentation; 3 To be represented by an attorney or other representative; and 4 To be heard, as provided in subsection (d) of this section in the case of a removal. d The personnel authority shall provide an administrative review by a hearing ocer appointed by the agency head of a proposed removal action or a removal action pursuant to 1-616.51(5) including the employees response, if any, and may provide for an adversary hearing and the confrontation of witnesses. e The personnel authority shall provide the employee with a written decision following the review provided in subsection (d) of this section, and shall advise each employee of his or her right to appeal to the Oce as provided in this subchapter.
0.1.741
Authority of Council to issue rules mandated by 1606.04(a).
The ocers of the Council of the District of Columbia may issue rules, subject to approval by the Council of the District of Columbia, concerning review of central sta employee personnel appeals as mandated in 1606.04(a).
551
0.1.742
Mediation and settlement.
a The Oce shall develop a mediation program. Matters involving the following adverse actions shall undergo mediation through the program: 1 The removal; 2 The reduction in grade; 3 The suspension of 10 days or more; 4 The placement on enforced leave lasting 10 days or more; and 5 Any other appeal the Hearing Examiner considers appropriate for mediation. b Settlement of the dispute may be raised by the Hearing Examiner with the parties at any time. If the parties agree to a settlement without a decision on the merits of the case, a settlement agreement, prepared and signed by all parties, shall constitute the nal and binding resolution of the appeal, and the Hearing Examiner shall dismiss the appeal with prejudice.
0.1.743
Arbitration.
a The parties may agree in writing to arbitrate the dispute rather than have the Oce adjudicate the case. An agreement by the parties to arbitrate the dispute must be reached within 30 days, excluding Saturdays, Sundays, and legal holidays, of the date the appeal was led with the Oce. Failure to reach an agreement to arbitrate shall result in the appeal being adjudicated by the Oce. b If the parties agree to arbitrate the dispute, the Oce shall immediately forward the matter to the American Arbitration Association (AAA). The dispute shall be arbitrated in accordance with the Voluntary Labor Arbitration Rules of the AAA, except that a hearing on the dispute shall be held no later than 60 days from the date the dispute is referred to AAA.
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CONTENTS
c When an employee who is a party to the dispute is not a member of a collective bargaining unit, the District shall bear the ling fee and the costs of the arbitration, including the arbitrators fee. When an employee who is a party to the dispute is a member of a collective bargaining unit, the terms of the collective bargaining agreement and 1-616.52(d) shall govern with respect to the ling fee and the costs of arbitration. d The decision of the arbitrator may be appealed to the Superior Court of the District of Columbia within 30 days of issuance of the decision. The Court shall vacate the arbitration award if: 1 The award was procured by corruption, fraud, or other undue means; 2 There was evident partiality by an arbitrator, corruption by an arbitrator, or misconduct prejudicing the rights of any party; 3 The arbitrator exceeded his or her authority; 4 The arbitrator refused to postpone the hearing upon sucient cause being shown, refused to hear evidence material to the controversy, or otherwise conducted the hearing in a manner to prejudice substantially the rights of a party; 5 The award was not in accordance with applicable law, regulations, or rules; or 6 There was no agreement to arbitrate.
0.1.744
Attorney fees.
a The Hearing Examiner or the Arbitrator may require payment by the agency of reasonable attorney fees if the appellant is the prevailing party and payment is warranted in the interest of justice. b Expired.
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0.1.745
Enforcement of order.
If the Oce determines that the respondent has not complied with an order within 30 calendar days of service of the order, the Oce shall certify the matter to the General Counsel and any agency that may be appropriate for enforcement.
0.1.746
Public hearings.
a Hearings shall be open to the public. However, the Hearing Examiner may order a hearing or any part of a hearing closed if to do so would be in the best interest of the appellant, a witness, the public, or any other aected person. An order closing the hearing shall set forth the reasons for the Hearing Examiners decision. Any objection to closing the hearing shall be made part of the record. b A vote or decision on the appeal by the Oce shall be made in public, pursuant to 2-504.
0.1.747
Rules.
Within 45 days of May 15, 1990, the Oce shall, pursuant to 1-606.02, issue proposed rules to implement the provisions of 1-604.06, 1- 606.01, 1606.03(c), and 1-606.06 to 1-606.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.
0.1.748
Armative action; exercise of religion.
a The Council rearms its intent that the objectives of the Armative Action in District Government Employment Act, as amended (D.C. Code, 1- 521.01) be carried out. b Each agency shall make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business.
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c If an employees religious beliefs require the employee to take time o from work during certain periods of the workday or workweek, the employee may elect to make up the time o, rather than to charge the time o to leave, in accordance with the procedures established under subsections (d) and (e) of this section. d An employee who makes an election pursuant to subsection (c) of this section shall, if the need to take time o is foreseeable, request an adjustment of his or her work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time o from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the ecient conduct of the activities of the entity of the District government for which the employee works. e Notice of an employees opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government. f Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken o for the religious accommodation.
0.1.749
Special provisions for persons with physical or developmental disabilities.
The Mayor may develop rules and regulations which authorize the inquiry into bona de job-related qualications which may aect persons with physical or developmental disabilities, prior to appointing such individuals under the authority of 1-609.04(2). Persons with physical or developmental disabilities who apply for positions under the authority of subchapters VIII and VIII-A of this chapter may be examined to assure that their level of skills is sucient to meet minimal job qualications.
0.1.750
Veterans preference in employment.
a For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under 511(d) of Title 10 of the
555
United States Code and have separated from the armed forces under honorable conditions may receive an additional 5 points on any register established under the authority of subchapters VIII and VIII-A of this chapter. b A person entitled to preference points, as provided in subsection (a) of this section, shall receive an additional 5 points if he or she has separated from the armed forces under honorable conditions, and has established the presence at the time of appointment of a service-connected disability or is receiving compensation, disability retirement benets, or pensions because of a public law administered by the Veterans Administration or a military department. c Any employee of the District government who, on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to such veterans preference under this chapter. d The Mayor is authorized to develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the armed forces but were less than honorably discharged. Such persons may be entitled to the preference aorded by this section at the time of initial appointment if they show, to the satisfaction of the Mayor, that they have been discriminated against in violation of those rights guaranteed in 1-601.01(2) and this subchapter. No appeal shall be available to any person not aorded a veterans preference under the provisions of this subsection. e Except for the appointment preferences provided in subsections (h), (i), (j), and (k) of this section, no person shall receive any appointment preference after 5 years from the date of separation from the armed forces of the United States. f No person entering the armed forces of the United States after October 14, 1976, shall receive any preference unless the person served in the armed forces of the United States during time of war. g No person retiring from the armed forces of the United States shall receive any preference.
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CONTENTS
h The surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership of a veteran shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. 2108(3)(D) and 3309(1). i The spouse or domestic partner of a service-connected veteran with a disability shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. 2108(3)(E) and 3309(1). j A person classied as 30 percent or more disabled under subsection (b) of this section shall receive an appointment preference as provided in that subsection. k A person who served during the Vietnam conict, who has a discharge of other than dishonorable, shall receive an appointment preference for a period not to exceed 10 years from May 19, 1982.
0.1.751
Employee selection proceduresStatement of purpose.
The Council believes that properly validated and standardized employee selection procedures can signicantly contribute to the implementation of nondiscriminatory personnel policies, as required by this subchapter. It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complemented by sound programs of job design, may aid signicantly in the development and maintenance of an ecient work force and in the utilization and conservation of human resources.
0.1.752
Employee selection proceduresRelation to job required.
The selection procedures utilized shall be job related to minimize or eliminate discrimination.
0.1.753
Employee selection proceduresEvidence of validity.
a Each person utilizing a selection procedure in choosing among candidates for a position shall have available for inspection evidence that the procedure does not violate 1-607.05. Such evidence shall be examined for indications
557
of possible discrimination, such as instances of higher rejection rates for minority candidates than nonminority candidates. b Evidence of selection procedure validity should consist of evidence demonstrating that the procedure is predictive of or signicantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.
0.1.754
Sex discrimination in benet programs.
No benet program shall be denied to any District employee on account of sex.
0.1.755
Specic standards authorized.
Specic standards to carry out the purposes of this subchapter shall be adopted by the Mayor.
0.1.756 0.1.757
Residency requirement. [Repealed] Creation of Career Service.
a The Mayor shall issue rules and regulations governing employment, advancement, and retention in the Career Service which shall include all persons appointed to positions in the District government, except persons appointed to positions in the Excepted, Executive, Educational, Management Supervisory, or Legal Service. The Career Service shall also include, after January 1, 1980, all persons who are transferred into the Career Service pursuant to the provisions of subsection (c) of 1-602.04. The rules and regulations governing Career Service employees shall be indexed and cross referenced to the incumbent classication system and shall provide for the following: 1 A positive recruitment program designed to meet current and projected personnel needs; 2 Open competition for initial appointment to the Career Service;
558
CONTENTS
3 Examining procedures designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development as provided in subchapter VII of this chapter; 4 Appointments to be made on the basis of merit by selection from the highest qualied available eligibles based on specic job requirements, from appropriate lists established on the basis of the provisions of paragraphs (1), (2), and (3) of this subsection with appropriate regard for armative action goals and veterans preference as provided in subchapter VII of this chapter; 5 Appointments made without time limitation in accordance with paragraph (4) of this subsection, as permanent Career Service status appointments upon satisfactory completion of a probationary period of at least 1 year; 6 Temporary, term, and other time-limited appointments, in appropriate cases, which do not confer permanent status but are to be made, insofar as practicable, in accordance with paragraph (4) of this subsection, except that such appointments to positions at the DS-12 level or equivalent or below may be made non-competitively; 7 Appointments to continuing positions (in the absence of lists of eligibles), which do not confer permanent status, subject to meeting minimum qualication standards and subject to termination as soon as lists of qualied eligibles for permanent appointment can be established in accordance with paragraph (4) of this subsection; 8 Emergency appointments for not more than 30 days to provide for maintenance of essential services in situations of natural disaster or catastrophes where normal employment procedures are impracticable; 9 Promotions of permanent employees, giving due consideration to demonstrated ability, quality, and length of service; 10 Reinstatements, reassignments, and transfers of employees with permanent status;
559
11 Establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualications, but with potential for development, in order to provide career development opportunities for members of disadvantaged groups, persons with disabilities, women, and other appropriate target groups. These programs may provide for permanent appointments to trainee or similar positions through competition limited to these persons; 12 Reduction-in-force procedures, with:
A A prescribed order of separation based on tenure of appointment, length of service, including creditable federal and military service, District residency, veterans preference, and ocially documented work performance; B Priority reemployment consideration for employees separated; C Consideration of job sharing and reduced hours; and D Employee appeal rights; and
13 Separations for cause, which shall be subject to the adverse action and appeal procedures provided for in subchapter XVI-A of this chapter. b Selections to the Career Service shall be made in accordance with equal employment opportunity principles as set forth in subchapter VII of this chapter. c Repealed.
d The Mayor may issue separate rules and regulations concerning the personnel system aecting members of the uniform services of the Police and Fire Departments which may provide for a probationary period of at least 1 year. Other such separate rules and regulations may only be issued to carry out provisions of this chapter which accord such member of the uniform services of the Police and Fire Departments separate treatment under this chapter. Such separate rules and regulations are not a bar to collective bargaining during the negotiation process between the Mayor and the recognized labor organizations for the Metropolitan Police and Fire Departments, but shall be within the parameters of 1-617.08.
560
CONTENTS
d-1 For members of the Metropolitan Police Department and notwithstanding 1-632.03(1)(B) or any other law or regulation, the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines. d-2 (1) The Chief of Police shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to the positions of Inspector, Commander, and Assistant Chief of Police that address the areas of education, experience, physical tness, and psychological tness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies. 2 All candidates for the positions of Inspector, Commander, and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years. d-3 (1) The Fire Chief shall recommend to the Mayor criteria for Career Service promotions and Excepted Service appointments to the positions of Battalion Fire Chief and Deputy Fire Chief that address the areas of education, experience, physical tness, and psychological tness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Fire Chief shall review national standards, such as the National Fire Protection Associations Standard on Fire Ocer Professional Qualications. 2 All candidates for the positions of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years. e (1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, an applicant for District government employment in the Career Service who is a bona de resident of the District at the time of application shall be given a 10-point hiring preference over a nonresident applicant unless the
561
applicant declines the preference. This preference shall be in addition to, and not instead of, qualications established for the position 2 An applicant claiming a hiring preference shall submit 8 proofs of bona de residency in a manner determined by the Mayor. If hired, the employee shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of bona de residency annually to the director of personnel for the agency or instrumentality for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. 3 Any individual hired under a previous residency law who was subject to a residency requirement shall be treated as if the individual claimed a preference and was hired pursuant to the Residency Preference Amendment Act of 1988. 4 In reductions-in-force, a resident District employee shall be preferred for retention and reinstatement of employment over a non-resident District employee. For purposes of this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall be considered a District resident. When the provisions of this paragraph conict with an eective collective bargaining agreement, the terms of the collective bargaining agreement shall govern. 5 A District employee hired in the Career Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Career Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection. 6 The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
562
CONTENTS
7 (A) Except as provided in subparagraph (B), the Mayor may not require an individual to reside in the District of Columbia as a condition of employment in the Career Service. B The Mayor shall provide notice to each employee in the Career Service of the provisions of this subsection that require an employee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989. e-1 (1) Notwithstanding any provision of Chapter 14 of Title 2, an applicant for District government employment in the Career Service shall be given a 10- point hiring preference if, at the time of application, the applicant: A Is within 5 years of leaving foster care under the Child and Family Services Agency and is a resident of the District; or B (i) Is currently in the foster care program administered by the Child and Family Services Agency; and ii Is at least 18 years old and not more than 21 years old, regardless of residency. 2 An applicant claiming a hiring preference pursuant to this subsection shall submit proof of eligibility for the preference by submitting to the hiring authority a letter or other document issued by the Child and Family Services Agency or the Family Court of the Superior Court of the District of Columbia showing that the applicant is or was in foster care or showing the date the applicant left court supervision. 3 An applicant who receives a hiring preference pursuant to this subsection and who is a resident of the District shall remain eligible to receive any other preference available under this chapter in addition to the preference received pursuant to this subsection. 4 For the purposes of this subsection, the term foster care shall have the same meaning as provided in 4-342(2).
563
5 The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed approved. f Repealed. g Each subordinate agency head shall submit to the Mayor and the Council quarterly reports detailing the names of all new employees and their pay schedules, titles, and place of residence. The report shall explain the reasons for employment of non-District residents. The Mayor shall integrate into each subordinate agencys yearly performance objectives the rate of success in hiring District residents. The Mayor shall conduct annual audits of each subordinate agencys personnel records to ensure that all persons claiming a residency preference at time of hiring complies with the provisions of subsection (e)(2) of this section. Audit reports shall be submitted annually to the Council.
0.1.758
Creation of the Educational Service.
a For the purpose of this subchapter, the term Board means the Board of Trustees of the University of the District of Columbia for educational employees of the University of the District of Columbia. b The Board shall issue rules and regulations governing employment, advancement, and retention in the Educational Service, which shall include all educational employees of the District of Columbia employed by the Board. The rules and regulations shall be indexed and cross referenced as to the incumbent classication and compensation system. 1 University of the District of Columbia. In keeping with the purpose of this chapter, the Board of Trustees of the University of the District of Columbia shall issue rules and regulations embodying principles of merit and equal employment governing, among others, appointment, promotion, retention, reassignment, professional development and training, classication, and salary administration (except as provided in 1-602.03), employee benets, reduction-in-force, adverse action, grievances, and appeals, provided
564
CONTENTS
that such rules and regulations concerning adverse actions and regulations covering adverse actions and appeals shall be consistent with subchapters V, VI, VII, XVII-A and XVII of this chapter. 2 (A)(i) Excluding those employees in a recognized collective bargaining unit, those employees appointed before January 1, 1980, those employees who are based at a local school or who provide direct services to individual students, and those employees required to be excluded pursuant to a court order (collectively, Excluded Employees), a person appointed to a position within the Educational Service shall serve without job tenure. ii Except for Excluded Employees, the provisions of this paragraph shall apply to all nonschool-based personnel, as dened in 1-603.01(13C), including: I All Educational Service employees within the District of Columbia Public Schools (DCPS); II Repealed. III All Educational Service employees within the Oce of the State Superintendent of Education. B (i) A person employed within the Educational Service in DCPS, the Oce of the State Superintendent of Education as of January 22, 2008, who is not an Excluded Employee shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph. A person employed by the Oce of the State Superintendent of Education (OSSE) as of August 16, 2008, who is not an Excluded Employee, shall be reappointed noncompetitively to the Educational Service, in accordance with subparagraph (A) of this paragraph. ii Within 30 days of January 22, 2008, or in the case of employees employed by the OSSE before August 16, 2008, within 30 days of August 16, 2008, the Mayor shall notify in writing each employee of his or her reappointment. The employee shall accept or decline such reappointment within 10 days of receipt of the reappointment notice.
565
iii A person declining such reappointment shall receive a written 15-day separation notice and shall be entitled to severance pay pursuant to 1624.09. iv An employee who accepts reappointment who is subsequently terminated shall be terminated in accordance with subparagraph (C)(ii) and (iii) of this paragraph. C (i) A person employed within the Educational Service in DCPS, or the Oce of the State Superintendent of Education who is not an Excluded Employee, shall be a probationary employee for one year from his or her date of hire (probationary period) and may be terminated without notice or evaluation. ii Following the probationary period, an employee may be terminated, at the discretion of the Mayor; provided, that the employee has been provided a 15- day separation notice and has had at least one evaluation within the preceding 6 months, a minimum of 30 days prior to the issuance of the separation notice. iii An employee terminated for non-disciplinary reasons may be given severance pay in accordance with 1-609.03(f). D The Mayor may terminate without notice or evaluation an employee for the following reasons: i Conviction of a felony at any time following submission of an employees job application; ii Conviction of another crime at any time following submission of an employees job application when the crime is relevant to the employees position, job duties, or job activities; iii Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency; iv Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or
566
CONTENTS
v Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance. E A terminated employee shall retain his or her veterans preference eligibility, if any, in accordance with federal laws and regulations issued by the United States Oce of Personnel Management but shall be separated without competition, assignment rights, retreat rights, a right to re-assignment under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to section 2400 of the District of Columbia Personnel Manual, or a right to any internal or administrative review, subject to any right under Unit A of Chapter 14 of Title 2, federal law, or common law. F (i) The Mayor shall establish: I A positive recruitment program designed to meet current and projected personnel needs; II A procedure for open competition for initial appointment to the Educational Service, designed to achieve maximum objectivity, reliability, and validity through a practical assessment of attributes necessary to successful job performance and career development, and appointments of persons, made on the basis of merit, by selection from the highest qualied available eligible persons based on specic job requirements, with appropriate regard for armative-action goals and veterans preference as provided in subchapter VII of this chapter; and III Written position descriptions for each position within the Educational Service and a process for updating the descriptions to maintain accurate and current position descriptions. ii The Mayor shall provide a written copy of the relevant position description to each new employee and to each reappointed employee upon employment or reappointment. G Appointments to the Educational Service of persons shall be made in accordance with equal employment opportunity principles, as set forth in subchapter VII of this chapter.
567
H Temporary and other time-limited appointments, which do not confer permanent status, may be made in appropriate cases, at the discretion of the Mayor, including emergency appointments to provide for the maintenance of essential services in situations of natural disaster or catastrophes, where normal-employment procedures are impracticable. I Within 180 days of January 22, 2008, the Mayor shall submit a list to the Council, for informational purposes, of those people employed within the Educational Service in DCPS, the Oce of the State Superintendent of Education, and the Oce of Public Education Facilities Modernization as of the eective date of the Emergency Act, who, pursuant to subparagraph (B) of this paragraph, declined reappointment and were terminated and who accepted reappointment but were subsequently terminated. The Mayor shall maintain a database of this information on an ongoing basis to be submitted to the Council pursuant to section 5 of the Public Education Personnel Reform Amendment Act of 2008, eective March 20, 2008 (D.C. Law 17122; 55 DCR 1506). J (i) The Mayor shall establish reduction-in-force procedures, including:
I A prescribed order of separation based on District residency and veterans preference; II Priority reemployment consideration of separated employees; and III Job sharing and reduced hours, if feasible.
ii Notwithstanding any other provision of law or regulation, an Excluded Employee or a nonschool-based employee shall not be assigned or reassigned to replace a classroom teacher. iii For the purposes of this subparagraph, the term reduction-in-force means a reduction in personnel, the need for which shall be declared by the Mayor, that is necessary due to a lack of funding or the discontinuance of a department, program, or function of an agency. A reduction-in-force shall not be considered a punitive or corrective action as it relates to an employee separated pursuant to the reduction in force and no blemish on an employees record shall ensue.
568 3 Repealed.
CONTENTS
c (1) For the purpose of this subsection, relative means, with respect to a public ocial, an individual who is related to the public ocial as father, mother, son, daughter, brother, sister, uncle, aunt, rst cousin, nephew, niece, spouse, domestic partner, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 2 A public ocial who appoints, employs, promotes, or advances, or advocated such appointment, employment, promotion, or advancement of any individual in violation of this subsection shall reimburse the District for any funds improperly paid to such individual. 3 The Board may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this subsection. 4 A public ocial may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public ocial. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public ocial who is serving in or exercising jurisdiction or control over the agency, and is a relative of the individual. d (1) Notwithstanding any provision of Unit A of Chapter 14 of Title 2, an applicant for District government employment in the Educational Service who is a bona de resident of the District at the time of application shall be given a 10-point hiring preference over a nonresident applicant unless the applicant declines the preference. This preference shall be in addition to, and not instead of, qualications established for the position. 2 An applicant claiming a hiring preference shall submit 8 proofs of bona de residency in a manner determined by the Mayor or the Board. If hired, the employee shall agree in writing to maintain bona de District residency
569
for a period of 7 consecutive years from the eective date of hire and shall provide proof of bona de residency annually to the director of personnel for the agency for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. 3 Any individual hired under a previous residency law who was subject to a residency requirement shall be treated as if the individual claimed a preference and was hired pursuant to the Residency Preference Amendment Act of 1988. 4 In reductions-in-force, a resident District employee shall be preferred for retention and reinstatement of employment over a non-resident District employee. For purposes of this paragraph only, a non-resident District employee hired prior to January 1, 1980, shall be considered a District resident. When the provisions of this paragraph conict with an eective collective bargaining agreement, the terms of the collective bargaining agreement shall govern. 5 A District employee hired in the Educational Service prior to March 16, 1989, who elects to apply for a competitive promotion in the Educational Service and to claim a preference, shall be bound by the provisions of paragraph (2) of this subsection. 6 The Mayor or the Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the preference system established by this subsection. The proposed rules shall be submitted to the Council no later than February 1, 1989, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. 7 (A) Except as provided in subparagraph (B), the Mayor or the Board may not require an individual to reside in the District of Columbia as a condition of employment in the Educational Services. B The Mayor or the Board shall provide notice to each employee in the Educational Service of the provisions of this subsection that require an em-
570
CONTENTS
ployee claiming a residency preference to maintain District residency for 7 consecutive years, and shall only apply such provisions with respect to employees claiming a residency preference on or after March 16, 1989. e Repealed.
f The Board shall submit to the Council quarterly reports detailing the names of all new employees, their pay schedules, titles, and place of residence. The report shall explain the reasons for employment of non-District residents. The Board shall integrate into its yearly performance objectives the rate of success in hiring District residents. The Boards shall conduct annual audits of its personnel records to ensure that all persons claiming a residency preference at time of hiring complies with the provisions of subsection (d)(2) of this section. Audit reports shall be submitted annually to the Council.
0.1.759
Denitions.
For the purposes of this subchapter, the term: 1 Agency means any subordinate or independent agency of the District government, but does not include the following entities: A Superior Court or the Court of Appeals;
B District of Columbia Financial Responsibility and Management Assistance Authority; C Board of Parole; D Repealed;
E Housing Finance Agency; F Pretrial Services Agency; G Public Defender Service; H Water and Sewer Authority;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) I J Washington Convention and Sports Authority; Housing Authority; or
571
K Any agency or unit thereof excluded by court order from coverage pursuant to this chapter. 2 Attorney means any position which is classied as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing ocer. 3 Senior Executive Attorney Service position means: A Any attorney position which is classied above DS-15, or an equivalent position, and in which the employee: i Directs the work of an organizational unit;
ii Is held accountable for the success of one or more specic programs or projects; iii Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals; iv Supervises the work of employees other than personal assistants;
v Performs important legal policy-making or policy-determining functions; or vi Provides signicant leadership in legal counseling or in the trial of cases;
B Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Oce of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or
572
CONTENTS
C Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Ocer.
0.1.760
Creation of the Legal Service.
There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, all attorneys who perform work for subordinate agencies shall become employees of the Oce of the Attorney General for the District of Columbia.
0.1.761
Creation of the Senior Executive Attorney Service.
a A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the eectiveness and productivity of employees under their supervision. b Notwithstanding subchapter XVI-A, an appointment to the Senior Executive Attorney Service shall be at will employment, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute. c A Senior Executive Attorney who is to be removed or whose grade is to be reduced may be appointed, at the discretion of the Attorney General, to a position in the Legal Service which is available and for which the attorney is qualied, if the removal or reduction in grade is not for delinquency or misconduct. d A Senior Executive Attorney employed by the Oce of the Attorney General shall serve at the pleasure of the Attorney General. e A Senior Executive Attorney employed by the Oce of the Attorney General who performs work primarily for any other subordinate agency, whether located at that agency or not, shall serve at the pleasure of the Attorney General, and the Attorney General shall consult with the agency head before making any decision concerning the termination of a Senior
573
Executive Attorney who performs work primarily for the other subordinate agency. The Senior Executive Attorney shall serve at the pleasure of the agency head where the Attorney General has delegated direction and control over the attorney to the agency head pursuant to 1-608.55. f A Senior Executive Attorney employed by an independent agency shall serve at the pleasure of the agency head, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute. g Persons currently holding an appointment in the Excepted Service which meet the denition of a Senior Executive Attorney Service position as dened in 1-608.51(3) shall be appointed to the Senior Executive Attorney Service unless the employee declines the appointment. A person who declines this appointment shall be appointed within 3 months to another position in the Legal Service if a vacant position for which the employee qualies is available and is acceptable to the employee. h An individual appointed to the Senior Executive Attorney Service shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons.
0.1.762
Appointment of attorneys.
a Attorneys employed by the Oce of the Attorney General shall be hired by the Attorney General. Attorneys, including Senior Executive Attorneys, employed by the Oce of the Attorney General who perform work primarily for any other subordinate agency, whether located at that agency or not, shall be hired by the Attorney General after consultation with the head of the other subordinate agency. b Attorneys employed by an independent agency shall be hired by the head of the agency or the Senior Executive Attorney designee. c Legal Service attorneys may be hired noncompetitively.
0.1.763
Supervision of attorneys.
a Attorneys employed by the Oce of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall
574
CONTENTS
act under the direction, supervision, and control of the Attorney General. b Notwithstanding the authority vested in the Attorney General by subsection (a) of this section, the Attorney General may delegate the direction, supervision and control of attorneys who perform work primarily for any other subordinate agency, whether located at the agency or not, to the head of that agency as follows: 1 After consulting with the agency head, delegate in writing the direction, supervision and control of all or some of the attorneys who perform work primarily for the agency, including Senior Executive Attorneys. This delegation may be withdrawn at any time, in writing, after consulting with the agency head. 2 The delegation and its withdrawal, if any, pursuant to paragraph (1) of this subsection shall cite the reasons for the delegation or withdrawal of delegation using the following criteria: A Agency size;
B Agency workload; C Necessity or lack of necessity for agency in-house counsel to engage in high level policy-making; D Agency head or agency General Counsel or the equivalent, expressed preferences; E Necessity or lack of necessity for Attorney General supervision; F Practicality or impracticality of Attorney General supervision; G Existence of a conict of interest if the Attorney General supervises agency counsel; or H Any other relevant factor as identied by the Attorney General.
575
c Attorneys employed by independent agencies shall act under the direction, supervision, and control of the respective agency heads. d The Attorney General may:
1 After consulting with the aected subordinate agency head, assign an attorney employed by the Oce of the Attorney General who previously performed work primarily for the Oce of the Attorney General to perform work primarily for the aected subordinate agency, whether located at the agency or not, in the Attorney Generals discretion; or 2 After consulting with the aected sending and receiving subordinate agency heads, assign an attorney employed by the Oce of the Attorney General who previously performed work primarily for the sending agency, including the Oce of the Attorney General, to perform work primarily for the receiving agency, whether located at the receiving agency or not in the Attorney Generals discretion, unless the Attorney General has delegated the direction, supervision, and control of the attorney pursuant to subsection (b) of this section.
0.1.764
Disciplinary action for attorneys other than Senior Executive Attorneys.
a Notwithstanding subchapter XVI-A, a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious. b The disciplinary action provided for in subsection (a) of this section shall be taken by: 1 The Attorney General when the attorney is employed by the Oce of the Attorney General and performs work primarily for that Oce, whether located in that Oce or not; 2 The Attorney General, after consulting with the agency head, when the attorney is employed by the Oce of the Attorney General and performs work primarily for any other subordinate agency, whether located at the
576
CONTENTS
other subordinate agency or not, and there has been no delegation of authority pursuant to 1-608.55; or 3 The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Attorney General has delegated authority over the attorney to the subordinate agency head pursuant to 1-608.55. c Any disciplinary action pursuant to this section taken against attorneys in subordinate agencies may be appealed to the Mayor. The Mayors decision regarding this disciplinary action shall be nal. The decision of the agency head or the Senior Executive Attorney designee shall be nal with respect to disciplinary action taken against attorneys in independent agencies. d The disciplinary provisions of 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.
0.1.765
Continuing legal education; management supervisory skills maintenance and enhancement; accountability standards and plans.
a The Attorney General shall establish an annual mandatory program of continuing legal education for attorneys in the Legal Service, other than attorneys employed by independent agencies. Attorneys in the Legal Service who supervise one or more other attorneys as part of their normal duties shall maintain and enhance their management and supervisory skills through at least annual in-house or other training arranged or approved by their employing agency. b The Attorney General shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys, including Senior Executive Attorneys, in the Legal Service who are under the direction and control of the Attorney General. The performance management system shall link pay to performance. c The head of an independent agency that employs attorneys in the Legal Service shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all
577
attorneys in the Legal Service who are under their direction and control. The head of an independent agency may utilize the system developed for use by the Attorney General for attorneys under the direction and control of the Attorney General, for attorneys under the independent agency heads direction and control. The performance management system shall link pay to performance.
0.1.766
Pay parity for attorneys.
a Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be xed in accordance with the following policy: 1 The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive Service Salary Table for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualications and experience; and 2 The compensation of all other Legal Service Attorneys shall be competitive with that provided by the federal government General Schedule for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualications, and experience. b Pay shall be established by the Mayor and submitted by resolution to the Council pursuant to 1-611.06.
0.1.767
Residency.
a The provisions of 1-608.01(e) shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia. b Notwithstanding the provisions of 1-608.01(e) and 2-1401.01 et seq., any attorney appointed to the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia shall become a bona de resident of the District within 180 days of the eective date of the appointment, and shall remain a District resident for the duration of the employment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.
578
CONTENTS
c The Director of Personnel may waive the residency requirement in subsection (b) of this section for any individual appointed to a hard-to-ll position pursuant to 1-608.53.
0.1.768
Reporting.
No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of: 1 The eect of any pay increase approved for attorneys in the Legal Service on the quality of applicants for positions in the Legal Service and the retention of highly qualied attorneys; 2 The experience under the new standards for adverse and corrective actions; 3 The programs established for legal and management training; 4 The performance management system established, including the results obtained from linking the award of additional income allowances to performance; and 5 Any other matters that the Corporation Counsel identies as relevant.
0.1.769
Rulemaking.
The Attorney General may adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2.
0.1.770
Applicability.
The provisions of this subchapter shall apply on April 20, 1999, except as follows: Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys rst hired on or before December 31, 1979.
579
1 Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classied as Educational Service employees. 2 Repealed. 3 Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Oce of the Corporation Counsel as of the eective date of this subchapter. Eective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date. 4 The provisions of 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following: 5 Eective October 1, 2005, any attorney who was employed by any subordinate agency other than the Oce of the Attorney General as of October 20, 2005 shall become an attorney employed by the Oce of the Attorney General for the District of Columbia. By December 31, 2005, the Mayor shall complete the personnel paperwork necessary to reect these appointments.
0.1.771
Payment of compensation to former subordinate agency attorneys.
Until the Legal Service budgets of the subordinate agencies are transferred to the budget of the Attorney General, the subordinate agencies that employed the attorneys who are transferred to the employment of the Oce of the Attorney General pursuant to this chapter shall continue to be responsible for their compensation.
0.1.772
Transfers.
By October 1, 2005, all subordinate agencies, other than the Oce of the Attorney General, shall transfer to that Oce all attorney and support
580
CONTENTS
sta employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who were employed by these agencies as of October 20, 2005.
0.1.773
Budgeting.
a Notwithstanding any other law, during scal year 2006 the entire Legal Service budget for attorneys in the subordinate agencies, including personal services and non-personal services budgets associated with the pay and benets of attorneys and their support sta, grants, as well as all related administrative overhead, supplies, materials, equipment and equipment rentals, and contractual services shall be under the management authority and control of the Attorney General. b Notwithstanding any other law, during scal year 2007 and each scal year thereafter, the entire Legal Service budget for attorneys in the subordinate agencies shall continue to be under the management authority and control of the Attorney General, to the extent those budgets have not yet been included in the budget of the Oce of the Attorney General. c The Chief Financial Ocer shall determine the exact budget amounts that are under the Attorney Generals management authority in accordance with this section.
0.1.774
Certicate of Good Standing ling requirement.
a Except as provided by the rules for temporary waiver of this requirement, each attorney employed at the level of DS-13 or above, who is required to be a member of the D.C. Bar as a prerequisite of employment, by the Mayor, the Oce of the Corporation Counsel, the Oce of the Chief Financial Ocer, the Board of Education, and by any independent agency, shall le with the District of Columbia Oce of Personnel, a Certicate of Good Standing from the District of Columbia Bar Committee on Admissions, District of Columbia Court of Appeals, on an annual basis. b The Director of Personnel shall publish, on an annual basis, a list of attorneys who have not met the ling requirements of subsection (a) of this section in the District of Columbia Register.
581
c The Director of Personnel shall promulgate rules and regulations concerning: 1 The timing for ling the Certicate of Good Standing and associated procedures; 2 The standards governing when a temporary waiver of the ling requirement may be granted by the personnel authority for the agency; and 3 The procedures by which attorneys shall be notied of the ling requirement and whether they are in compliance with the requirement. d The rules and regulations promulgated pursuant to this part shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the rules and regulations within the 45-day review period, the rules and regulations shall be deemed approved. e The failure of an attorney covered by this subchapter to comply with the requirement of this part shall result in the forfeiture of employment.
0.1.775
Creation of the Excepted Service; qualications; appointment; exclusivity of service.
The qualications 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 qualied for the position to which he or she is appointed. Each personnel authority may ll 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.
0.1.776
Nature of positions in the Excepted Service and conversion rights.
a Each person holding an excepted appointment under the authority of this section and 1-609.01 and 1-609.03 shall be an individual:
582
CONTENTS
1 Whose primary duties are of a policy determining, condential, or policy advocacy nature; and 2 Who either reports directly to the head of an agency or is placed in the Executive Oce of the Mayor or the Oce of the City Administrator. b No person holding an Excepted Service appointment pursuant to 1609.03 or 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the period that begins 6 months before the Mayoral primary election and ends 3 months after the Mayoral general election; provided, that an Excepted Service appointee may compete for a position in the Career, Management Supervisory, or Educational Service during this time period; provided further, that, upon termination, a person with Career or Educational Service status may return, at the discretion of the terminating personnel authority, within 3 months of termination to a vacant position in such service for which he or she is qualied. c All persons appointed to the Excepted Service shall be subject to a credit check and a criminal background check, pursuant to the procedures established in Chapter 15 of Title 4. The suitability determination shall be made by the appointing personnel authority. d The provisions of this section shall not apply to employees of the Council of the District of Columbia.
0.1.777
Number of Excepted Service employees; redelegation of authority to appoint; publication requirement.
Length of Employment Maximum Severance Up to 6 months 2 weeks of the employees basic pay 6 months to 1 year 4 weeks of the employees basic pay 1 to 3 years 8 weeks of the employees basic pay More than 3 years10 weeks of the employees basic pay. a Under qualications issued pursuant to 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:
583
1 The Mayor may appoint no more than 160 persons, no more than 2 of whom may be appointed or detailed to a single agency, other than the Executive Oce of the Mayor or the Oce of the City Administrator; 2 The Members of the Council of the District of Columbia may appoint persons to their stas, except those permanent technical and clerical employees appointed by the Secretary or General Counsel and those in the Legal Service; 3 The Inspector General may appoint no more than 15 persons; 4 The District of Columbia Auditor may appoint no more than 4 persons; 5 The Chief of Police may appoint no more than 6 persons; 6 The Chief of the Fire and Emergency Medical Services Department may appoint no more than 6 persons; 7 The Board of Trustees of the University of the District of Columbia may appoint ocers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a condential relationship to the foregoing, exclusive of those listed in the denition of the Educational Service; provided, that the total number of persons appointed by the University to the Excepted Service shall not exceed 20; 8 The Criminal Justice Coordinating Council may appoint no more than 9 persons; 9 The District of Columbia Sentencing and Criminal Code Revision Commission may appoint no more than 6 persons; and 10 Each other personnel authority not expressly designated in paragraphs (1) through (9) of this subsection may appoint 2 persons. b The authority to appoint persons to the Excepted Service, which is vested in subsection (a) of this section, may be redelegated, in whole or in part.
584
CONTENTS
c Within 45 days of actual appointment and within 45 days of any change in such appointment, the names, position titles, and agency placements of all persons appointed to Excepted Service positions under the authority of this section shall be: 1 Published in the District of Columbia Register; and 2 Posted online on a website accessible to the public. d At the discretion of the personnel authority, an individual appointed to the Excepted Service at grade level DS-11 or above pursuant to this section: 1 May be paid in accordance with the pay schedule for the Management Supervisory Service as provided in 1-609.56; and 2 May be placed in any step of the appropriate grade of that schedule. e The personnel authority may authorize performance incentives for exceptional service for individuals appointed pursuant to this section not to exceed 10 f An individual appointed to the Excepted Service pursuant to this section or 1-609.08 may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individuals employment with the District government as follows: g (1) Pursuant to regulations as the Mayor may prescribe, the following expenses may be paid to an individual being interviewed for, or an appointee to, a hard-to-ll Excepted Service position at a DS-11 or above: A Reasonable pre-employment travel expenses;
B Reasonable relocation expenses for the Excepted Service selectee or appointee and his or her immediate family if they relocate to the District of Columbia from outside the Greater Washington Metropolitan Area; and C A reasonable temporary housing allowance, for a period not to exceed 60 days, for the Excepted Service selectee or appointee and his or her immediate family.
585
2 In no event shall the sum of pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10 h Within 90 days of September 10, 1999, and notwithstanding any other law or regulation, the Mayor shall submit to the Council for approval under the provisions of 1-611.06, regulations establishing the Metropolitan Police Department Excepted Service Sworn Employees Compensation System. Such regulations shall establish policies and procedures governing the compensation, promotion, transfer, and demotion of Metropolitan Police Department excepted service sworn employees appointed pursuant to section 1-609.03(a)(2).
0.1.778
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 eecting 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-oender or other disadvantaged groups. 3 Positions lled 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 indenite 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, scientic, or technical experts or consultants.
586
CONTENTS
6 Positions established under cooperative educational and study programs.
0.1.779
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 identied 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.
0.1.780
Domicile.
a An appointee to the Excepted Service shall be domiciled in the District of Columbia at the time of his or her appointment or within 180 days of their appointment and shall remain domiciled in the District of Columbia during the period of the appointment, to be considered a bona de resident. The failure to become a District of Columbia domiciliary or to maintain a District of Columbia domicile shall result in the forfeiture of the position to which the person has been appointed. b Domicile shall be proven by armative acts by an employee who is not a District of Columbia domiciliary and does not maintain a principal place of residence in the District of Columbia at the time of his or her appointment with the District government. c (1) Proof of domicile within the District of Columbia shall be established by meeting the requirements of subsection (d) of this section. 2 An employee shall fulll the requirements of subsection (d) of this section by ling a sworn adavit with the Oce of Personnel or other appropriate personnel authority, that arms the employee has undertaken armative
587
acts to comply with each requirement and, if a requirement is inapplicable, the reasons why the requirement does not apply. d An Excepted Service appointee shall establish and certify that the District of Columbia is his or her domicile and principal place of residence as follows: 1 When providing proof of District of Columbia domicile, the employee shall have the burden of proof of establishing that the District of Columbia is his or her principal place of residence. 2 When the employee is not a domiciliary of the District of Columbia, and does not maintain his or her principal place of residence in the District of Columbia, domicile may be established by the employee providing evidence of the intent to change his or her domicile and acquiring a principal place of residence in the District of Columbia. 3 Proof of the intent to change his or her domicile to the District of Columbia and acquire a principal place of residence in the District of Columbia shall include the following documents in addition to the requirements in section 305.3 of the District of Columbia Personnel Regulations: A A copy of a change of address form led with the United States Postal Service containing the address of the employees principal place of residence in the District of Columbia; B (i) A copy of an executed contract of sale for the real property that was the employees principal place of residence at the time of accepting the appointment, if the employee owns a principal place of residence outside of the District of Columbia; or ii A change in the public records of the state where the employee was domiciled to show that the residence outside of the District of Columbia is no longer the employees principal place of residence; C Utility bills, including electric, gas, telephone, cable, water, or other residency related bills associated with occupying real property in the District of Columbia, where the billing and mailing address are the same as the principal place of residence in the District of Columbia of the employee;
588 D
CONTENTS A bank account in the District of Columbia in the name of the employee;
E District of Columbia and federal income tax returns that use the District of Columbia address which is the employees principal place of residence; F Professional dues statements mailed to the employees principal place of residence in the District of Columbia; G A sworn adavit from the employee that the administration of the employees estate is subject to District of Columbia probate and estate taxes; H Credit card or brokerage account statements mailed to the employees principal place of residence in the District of Columbia; I Automobile, health, and life insurance contracts for the employee based upon the employees principal place of residence in the District of Columbia; J Mortgage statements for the employees principal place of residence in the District of Columbia, or an executed lease for the employees principal place of residence in the District of Columbia; and K A sworn adavit from the employee that the employees income, from any source, is subject to District of Columbia withholding tax and taxation. e A person hired in the Excepted Service prior to March 16, 1989, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by this domicile requirement after March 16, 1989. f Repealed. g (1) Pursuant to rules and regulations which the personnel authority shall prescribe, the personnel authority may grant waivers of the domicile requirements in subsections (a) through (e) of this section for appointees to positions in the Excepted Service presenting exceptional circumstances or for appointees to hard to ll positions.
589
2 The Mayor shall transmit the rules and regulations specifying how waivers shall be implemented for employees presenting exceptional circumstances or for employees appointed to hard to ll positions to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not act within the specied 45-day period, the rules and regulations shall be deemed approved. h A person hired in the Excepted or Executive Service prior to October 1, 2002, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by the terms of the residency requirement in eect at the time of hiring, and any waivers of the residency requirement previously granted to the person shall continue in eect. The requirements of D.C. Law 14-185, shall only apply to persons hired after October 1, 2002. i (1) The Oce of the Inspector General shall meet the denitions of hard to ll position or exceptional circumstances to receive a waiver of the District of Columbias residency and domicile laws for new hires. 2 For the purposes of this subsection, the term: A Hard to ll position means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualication requirements for the position. B Exceptional circumstances means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by the Inspector General when hiring an individual to ll a position in the Excepted or Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to this section and 1-610.59. 3 The Oce of Personnel shall have the authority to grant the Oce of the Inspector General waivers of the domicile requirement for new positions or hires in the Oce of the Inspector General when those positions or hires
590
CONTENTS
present exceptional circumstances or for appointees or hires in hard to ll positions.
0.1.781
Transitional provisions.
Persons holding nontemporary appointments in the District of Columbia government, paid from appropriations made to the Oce of the Mayor, may, on January 2, 1979, be reassigned to other oces 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 classied 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 qualications for the position to which he or she is appointed.
0.1.782
Statutory oceholders.
The following employees of the District shall be deemed to be in the Excepted Service. Their terms of oce shall be at the pleasure of the appointing authority, or as provided by statute for a term of years, subject to removal for cause as may be provided in their appointing statute: 1 City Administrator; 2 Repealed; 3 The Director of Campaign Finance, District of Columbia Board of Elections and Ethics; 4 Repealed; 5 Auditor of the District of Columbia; 6 The Chairman and members of the Public Service Commission; 7 The Chairman and members of the Board of Parole;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 8 Executive Director of the Public Employee Relations Board; 9 Secretary to the Council; 10 11 12 Repealed; Repealed; Executive Director of the Oce of Employee Appeals;
591
13 The Executive Director and Deputy Director of the District of Columbia Lottery and Charitable Games Control Board. 14 Budget Director to the Council;
15 The Chief Administrative Law Judge, the Administrative Law Judges, and the Executive Director of the Oce of Administrative Hearings; and 16 The Chief Tenant Advocate of the Oce of the Tenant Advocate.
0.1.783 0.1.784
Appointment of attorneys. [Repealed] 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.
0.1.785
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 denition of management employee pursuant to 1-614.11(5) shall be in the Management Supervisory Service.
592
CONTENTS
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.
0.1.786
Competitive appointments.
Appointments by the personnel authority shall be made on the basis of merit from among the highest qualied applicants, based on specic job requirements. Examining procedures shall be designed to achieve the maximum objectivity, reliability, and validity.
0.1.787
Employment-at-will.
Length of Employment Maximum Severance Up to 6 months 2 weeks of the employees basic pay 6 months to 1 year 4 weeks of the employees basic pay 1 to 3 years 8 weeks of the employees basic pay More than 3 years10 weeks of the employees basic pay.
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 eective date of the termination, to a vacant position within the agency to which he or she was promoted for which he or she is qualied.
b An individual appointed to the Management Supervisory Service pursuant to this section may be paid severance pay upon separation for nondisciplinary reasons according to the length of the individuals employment with the District government as follows:
0.1.788
Management Supervisory Service skills maintenance and enhancement.
Management Supervisory Service employees shall be required to maintain and enhance their management and supervisory skills.
593
0.1.789
Pay for Management Supervisory Service.
A pay schedule shall be developed by the Mayor following a classication and compensation study for the Management Supervisory Service.
0.1.790
Residency preference.
The provisions of 1-608.01(e)(1), (2), (3), (5), (6), and (7) shall apply to employment in the Management Supervisory Service.
0.1.791
Transition provisions.
a Persons currently holding appointments to positions in the Career Service who meet the denition of management employee as dened in 1614.11(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 denition of management employee as dened 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).
0.1.792 0.1.793 0.1.794
Creation of Executive Service. [Repealed] Incumbents. [Repealed] 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.
594
CONTENTS
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 Ocer, shall serve at the pleasure of the Mayor. c The compensation and benets system for the Executive Service is designed to attract and retain the highest caliber public administrators, who shall be accountable for the eective and ecient 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.
0.1.795
Executive Service pay schedule.
a The Executive Schedule (DX Schedule), shall be divided into 5 pay levels and shall be the basic pay schedule for subordinate agency head positions. b (1) The Mayor shall designate the appropriate pay level within the range of the DX Schedule for each subordinate agency head position. 2 Notwithstanding paragraph (1) of this subsection, the Council approves the existing level of compensation for the positions of the Chief of the Metropolitan Police Department Cathy Lanier ($253,817), the Chief of the Fire and Emergency Medical Services Department Kenneth Ellerbe ($187,302), the Chancellor of the District of Columbia Public Schools Kaya Henderson ($275,000), and the Chief Medical Examiner Dr. Marie Pierre-Louis ($185,000). 3 The levels of compensation as provided in paragraph (2) of this subsection shall be the total annual salary amount that the present oceholder may receive. The oceholder may not receive longevity pay, bonus pay, including performance bonus pay, retention pay, per annum percentage increases for cost-of-living purposes or due to any collective bargaining activity within the oceholders respective agency or department, or any equivalent nancial incentives or salary enhancements; provided, that the Chancellor may be paid an additional income allowance of $12,500, for School Year 2010, in
595
order for the parties to meet the terms and conditions of the November 1, 2010 agreement. 4 The existing levels of compensation for the positions in paragraph (2) of this subsection shall not be used as the basis for determining the salary of an oceholder in the position of Chief of Police, Fire Chief, Chief Medical Examiner, Chancellor of the District of Columbia Public Schools, who takes oce after February 24, 2012. Each position in paragraph (2) of this subsection shall be subject to compensation within the limits of the DX Schedule, except as provided by this chapter. c Each level shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved. d Any subsequent changes to the salary ranges established pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved. e Initial salary ranges and any subsequent changes to the salary ranges shall become eective upon approval and shall be published in the District of Columbia Register for notice purposes within 45 days of their approval.
0.1.796
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 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.
596
CONTENTS
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 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 ocially appointed. d A person paid from the DX Schedule shall not be entitled to premium pay.
0.1.797
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 eects a personnel action establishing a new salary within the designated range for the level of the position to which the person is appointed.
0.1.798
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.
597
0.1.799
Additional income allowance.
An additional income allowance of up to 15
0.1.800
Performance incentives
The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10 1 The agency head is bound by a performance contract, available to the public upon request, that clearly identies measurable goals and outcomes; and 2 The agency head has exceeded contractual expectations in the year for which the incentive is paid.
0.1.801
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 heads 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.
0.1.802
District of Columbia domicile.
a The provisions of 1-609.06(a) through (h) shall apply to employment in the Executive Service. b Repealed.
598 c Repealed.
CONTENTS
0.1.803
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 qualied.
0.1.804
Universal leave.
The Executive Service employees leave system shall provide the following: 1 No employee shall earn annual or sick leave. 2 Each employee shall have a universal leave account. 3 Each employees universal leave account shall be credited with 208 hours on the rst pay period of the leave year, or on a pro-rata basis for appointments after the rst pay period of the leave year. 4 No employee shall be charged for leave for any absence which is less than 2 hours. 5 An employee may carry over, for use in succeeding years, not more than 40 hours of unused universal leave. 6 Each employee in the Executive Service on the last day of the last pay period of the leave year shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in eect immediately before the transition.
599
7 Each employee appointed without a break in service to a position in the Executive Service from another position in the District government, on or after the rst day of the rst pay period after enactment of this section shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in eect immediately before his or her appointment in the Executive Service. 8 Upon separation from his or her position in the Executive Service, any annual leave remaining in the escrow account and any universal leave to his or her credit (less a pro-rated amount representing the portion of the leave that would be creditable for the remainder of the year) will be paid at the employees rate of pay at the time of separation. 9 Sick leave previously accrued under a dierent leave system shall be held in an escrow account and may be used at the discretion of the employee until exhausted. 10 The Mayor may establish a disability income protection program for Executive Service employees to include short and long-term disability insurance which shall provide coverage for non-job related illness or injury.
0.1.805
Retirement benets.
Executive Service employees shall be covered under subchapter XXVI of this chapter, except that employees rst hired after September 30, 1987, may elect to participate in the Districts dened contribution plan or may elect to have the funds that would otherwise be contributed by the District under the dened contribution plan directed to another 401(a) retirement plan.
0.1.806
Life insurance benets.
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 benets (pursuant to 1-622.01) or District life insurance benets (pursuant to 1-622.03), may receive additional coverage for himself or herself, not to exceed twice the rate of that employees
600
CONTENTS
basic pay. The cost of that coverage shall be borne solely by the District government.
0.1.807
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.
0.1.808
Denitions.
For the purposes of this part, the term lateral law enforcement ocer means: 1 (A) A member of the Capitol Police; B A member of the United States Park Police; C A member of the Federal Protective Service; D A member of the United States Secret Service Uniformed Division; or
E An employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of oenses against the criminal laws of the United States of America or any state of the United States of America, including the positions of county sheri and municipal policeman; or
601
2 A person who has performed in any capacity described in paragraph (1) of this section within 12 months of his or her application to the Metropolitan Police Department.
0.1.809
Salary and Assignment for appointment of Metropolitan Police Department at Class 1Private.
Notwithstanding any other law or regulation, the Mayor, or the Mayors designee, may appoint a lateral law enforcement ocer to the Metropolitan Police Department without regard to any time in grade or prior department service or incumbency requirements. A lateral law enforcement ocer appointed by the Mayor, or by the Mayors designee, shall be appointed as a Class 1 Private with compensation at the appropriate rate for this classication, and shall be assigned to duty as prescribed by the Mayor, or by the Mayors designee.
0.1.810
Treatment of lateral law enforcement ocers as police hired after September 30, 1987.
Except as provided in 1-610.74 a lateral law enforcement ocer hired pursuant to 1-610.72 shall be covered by the provisions of this chapter applicable to members of the Metropolitan Police Department hired after September 30, 1987.
0.1.811
Leave accrual for lateral law enforcement ocers.
For the purposes of 1-612.03, years of law enforcement experience, as determined by the Mayor or his or her designee, shall constitute years of District government service for any employee hired as a lateral law enforcement ofcer pursuant to 1-610.72.
0.1.812
Retirement benets for lateral law enforcement ocers hired after January 11, 2000.
a For the purposes of retirement benets, an employee hired as a lateral law enforcement ocer pursuant to 1-610.72 shall elect to be covered by 1-901.01 et seq. These lateral law enforcement ocers shall be treated as new hires for retirement purposes except as provided by law for federal government and military service and except as provided by 1-610.76. b Repealed.
602
CONTENTS
0.1.813
Credit for prior law enforcement service.
In computing length of service of a retiring lateral law enforcement ocer hired pursuant to 1-610.72, credit shall be granted for prior law enforcement service outside the Metropolitan Police Department only if the lateral law enforcement ocer has deposited to the credit of the Police Ocers and Fireghters Retirement Fund an amount that is equal to the dollar increase in the present value of future benets which results from crediting the prior service. The calculation of the present value of future benets shall be based on the actuarial assumptions and methods used to calculate the present value of future benets from 1-907.03(a)(3)(B) for the applicable scal year. Upon separation from District law enforcement duty for reasons other than retirement, any law enforcement ocer who purchased prior service credit shall receive that purchase amount along with any interest credited on the amount. Any law enforcement ocer that withdraws the purchase amount and is later reinstated shall not be entitled to this prior service credit until the purchase amount plus interest is again deposited.
0.1.814
Classication policy; grade levels; publication required; public hearing.
a The classication of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services will be accomplished in accordance with the following policy: 1 Individual positions will be grouped and identied by classes and grades, in accordance with their duties, responsibilities, and qualication requirements and shall be indexed and cross referenced in the incumbent classication and compensation system; and 2 The principle of equal pay for substantially equal work will be supported. b The grade levels of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be based on the consideration of applicable factors, such as knowledge and skills required by the positions; supervisory controls exercised over the work; guidelines used; complexity of the work; scope and eect of the work; personal contacts; purpose of contacts; physical demands of the positions; and work environment.
603
c Classication systems or proposals developed under the authority of this subchapter shall be published in the District of Columbia Register at least 60 days prior to their proposed eective date. The Mayor or the Board of Education or the Board of Trustees of the University of the District of Columbia shall hold, as provided in this subchapter, a public hearing on all such proposals he, she, or it has published in the District of Columbia Register prior to his, her, or its adoption of a classication system or amendment to such system; provided, that the classication system or systems in eect on December 31, 1979, shall remain in eect until the adoption of a classication system or systems pursuant to 1-611.02 or 1-611.11.
0.1.815
Establishment and maintenance of classication system for Career and Excepted Services employees.
a In order to carry out the policies of 1-611.01, the Mayor shall provide for the development of a classication system covering all positions in the Career, Legal, Excepted, and the Management Supervisory Services.
b The Mayor shall provide that all positions covered by this classication system are properly described in writing in accordance with the principal duties and responsibilities ocially assigned to those positions and shall provide that all positions are properly evaluated by application of ocial classication standards, in accordance with accepted classication principles and techniques and in accordance with applicable rules and regulations. The Mayor shall provide for meaningful consultation with the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia in the classication of positions of persons in the Career Service employed by the educational Boards.
Repealed.
d Classication systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 days prior to their proposed eective date. The Mayor shall hold a public hearing on all such proposals he or she publishes in the District of Columbia Register prior to his or her adoption of a classication system(s) or amendment to such system(s).
604
CONTENTS
0.1.816
Compensation policy; compensatory time o; overtime pay.
a Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be xed in accordance with the following policy: 1 Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation prevailing in the Washington, D.C., Standard Metropolitan Statistical Area (SMSA); provided, that compensation levels may be examined for public and/or private employees outside the area and/or for federal government employees when necessary to establish a reasonably representative statistical basis for compensation comparisons, or when conditions in the local labor market require a larger sampling of prevailing compensation levels. 2 Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental ocers shall be paid on the same schedule as medical ocers having comparable qualications and experiences. 3 Dierences in pay shall be maintained in keeping with dierences in level of work and quality of performance. 4 Repealed. 5 Repealed. 6 Repealed. 7 (A) Any full-time permanent, indenite, or term District government employee who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, shall receive, upon application and approval, an amount
605
that equals the dierence in compensation between the employees District government basic pay reduced by the employees basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation Enduring Freedom in 2001, any period following the beginning of the preparation for Operation Iraqi Freedom in 2002 and 2003, or for any period following the formal inception of Operation Iraqi Freedom in 2003, during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military conicts. B The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph. b The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No reduction shall be made to the pay of a reemployed individual for any retirement benets received by the reemployed individual pursuant to 5 U.S.C. 8331, 1- 626.03 through 1-626.12, 5-723(e), the Judges Retirement Fund, established by 1-714, or the Retired Police Ocer Public Schools Security Personnel Deployment Amendment Act of 1994. c Repealed.
d Notwithstanding any other provisions of law or regulation, eective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) (FLSA), and is eligible to earn compensatory time may receive compensatory time o at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation. 1 If the work of an employee for which compensatory time o may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an
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CONTENTS
emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. 2 Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time o allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation. e Notwithstanding any other provision of District law or regulation, effective on the rst day of the rst pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section. f (1) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above shall not receive overtime compensation for work performed in excess of a 40-hour administrative workweek, excluding rollcall. 2 (A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Fireghting Division. B For scal years 2011, 2012, and 2013, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency
607
Medical Services Department at the rank of Battalion Fire Chief and above in the Fireghting Division. 3 Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period. 4 (A) For scal years 2011, 2012, and 2013, and except as provided in subparagraph (B) of this paragraph, no ocer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a scal year. B This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classied as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler). C Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to scal year 2011.
0.1.817
Compensation system for Career and Excepted Services Established.
a The Mayor shall develop, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, a new compensation system for all employees in the Career, Legal, Excepted, and Management Supervisory Services. Any comments that the Board of Education or the Board of Trustees of the University of the District of Columbia wish to make on the proposed system shall be presented along with the proposed pay system submitted by the Mayor. b This new system shall include, but need not be limited to, provisions for basic pay, pay increases based on quality and length of service, premium pay, allowances, and severance pay.
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CONTENTS
c The Mayor shall provide for appropriate consultations with employee organizations in the development of the new compensation system for Career Service employees. d The Mayor shall submit any proposed new compensation system to the Council for approval under the provisions of 1-611.06. The submission shall include proposed dates on which the new compensation system shall become eective. e Until such time as a new compensation system is approved, the compensation system, including the salary and pay schedules, in eect on December 31, 1979, shall continue in eect: Provided, that pay adjustments shall be made in accordance with the policy stated in 1-611.03. e-1 Until such time as the Metropolitan Police Department Excepted Service Sworn Employees Compensation System is established, the Mayor may develop a pay schedule, to be limited to no more than 10 excepted service sworn employees, for Metropolitan Police Department Excepted Service sworn employees and submit it to the Council for approval in accordance with 1-611.06. f For the purpose of subsections (a) through (d) of this section, the term compensation system shall not include salary or pay schedules. g An employee who is under indictment or who is charged by information with or who has been convicted of a felony related to his or her employment duties shall not be eligible for benets under an Easy Out, Early Out, or similar Retirement Incentive Program; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his ineligibility shall be eligible for all benets as if that employee has never been indicted for or charged by information with a felony. h For the purposes of this subchapter, the term felony means an oense that is punishable by a term of imprisonment that exceeds one year.
0.1.818
Compensation system for Career and Excepted Services Periodic review.
a The Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall provide for a
609
periodic review of the basic compensation system, in order to improve the system and provide continuing conformity with the policy established by 1611.03. b These reviews of compensation shall include, but need not be limited to, review of the adequacy of the rates of basic pay. c The Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction in the periodic reviews of the compensation system(s). d The Mayor, in consultation with the personnel authorities named in subsection (a) of this section, shall consider, on an annual basis, changes in the compensation system or systems and in the salary and pay schedules under such system or systems, and shall submit adjustments, if any, to the Council pursuant to 1-611.06. The submission to the Council shall include proposed dates on which the adjustments shall become eective. e If, because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor should, in any year, consider it inappropriate to submit a proposed change, or to make the adjustment in the salary or pay schedules pursuant to subsection (d) of this section, an alternative plan may be submitted with respect to such changes or adjustments as the Mayor considers appropriate with a statement of the reasons therefor. f Repealed.
0.1.819
Compensation system for Career and Excepted Services Review by the Council of the District of Columbia.
a If the Council by resolution approves, without revision, the new compensation system or systems, or any later changes in such system or systems or in the salary or pay schedules under the system or systems proposed in accordance with 1-611.04 or 1-611.05, the schedules shall become eective on the dates specied in the schedule submitted by the Mayor as provided in subsection (d) of 1-611.05. If the Council takes no action on the Mayors proposed change within 60 calendar days of the submission thereof, such change shall be deemed to have been approved by the Council on the day
610
CONTENTS
next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council. b If the Council revises the proposal, it shall return the proposal with its revisions to the Mayor. If the Mayor concurs in the revisions, the provisions of the compensation plan as revised shall become eective on the dates specied by the Council in the resolution revising the compensation plan, as provided in subsection (a) of this section. c If the Mayor does not concur in any 1 or more of the revisions recommended by the Council, including the Councils recommendation as to the dates on which the pay changes shall become eective, the Mayor shall return the revisions within 10 days to the Council, with a statement of the Mayors reasons for not concurring. If the Council, by a two-thirds vote of the members present and voting, adopts a resolution insisting upon any 1 or more of the original revisions, the Council shall return the proposal and the revisions upon which the Council insists to the Mayor within 10 days of the Councils receipt of the Mayors statement of reasons for not concurring in the revisions recommended by the Council. If any revisions insisted upon by the Council, including the Councils recommendation as to the dates on which the pay changes should become eective, shall result in a greater cost to the District government than the Mayors original proposal, the Council shall adopt an act to provide a source of funding to cover the increased cost. The pay provisions of the compensation plan so adopted shall become eective on the dates specied by the Council in the resolution revising the new compensation system. If the two-thirds vote does not prevail, or the Council does not act within 10 days of the Councils receipt of the Mayors statement of reasons for not concurring in the revisions recommended by the Council, the Mayors original proposal, with the revisions proposed by the Council in which the Mayor has concurred, shall become eective. The 10 days for Council review shall not include Saturdays, Sundays, legal holidays, and days of Council recess. d Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where: 1 The individual is in the service of the District of Columbia government on the date of nal action by the Council on the increase; or
611
2 The individual retired or died during the period beginning on the eective date of the increase and ending on the date of nal action by the Council on the increase, and only for the services performed during that period. e Repealed.
f (1) Persons newly hired by the District government may receive an initial rate of pay at any amount up to the midpoint of the grade or pay level for the position. 2 The District government may pay new hires above the midpoint of the grade or pay level for that position only if the agency director or other appointing ocial explains the reasons justifying the salary in a memorandum that shall be led in the employees ocial personnel folder.
0.1.820 0.1.821
Executive pay plan. [Repealed] CompensationMembers of boards and commissions.
a Each member of any board or commission who receives compensation or reimbursement of expenses on January 1, 1980, shall receive such rates of compensation or reimbursement of expenses as are provided in existing law, rule, regulation, or order, or in this chapter, except as may be modied from time to time by rules and regulations published pursuant to subsection (b) of this section. b The Mayor of the District of Columbia is authorized to establish by rule and regulation the rates of compensation or reimbursement of expenses for members of any board or commission, including any board or commission established after January 1, 1980. Any such rules and regulations proposed by the Mayor shall be transmitted to the Council of the District of Columbia for a 30-day (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) review period. Such rules and regulations shall become eective only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) from the date of the Mayors submission, a resolution disapproving such rules and regulations in whole or in part. Notwithstanding the provisions of 1-604.05, rules and regulations published under this subsection shall
612
CONTENTS
be eective no earlier than 30 days after their publication in the District of Columbia Register. c (1) Notwithstanding subsections (a) and (b) of this section, or any other provision of law, members of boards and commissions shall not be compensated for time expended in the performance of ocial duties; except that members of the following boards and commissions shall be entitled to compensation as currently authorized by law: A Public Service Commission;
B Contract Appeals Board; C Rental Housing Commission; D Board of Parole;
E The Chairperson and public and industry members of the Taxicab Commission; and F The District of Columbia Retirement Board. 2 Beginning April 1, 1995, members of the following boards and commissions shall be entitled to compensation as follows: A Board of Zoning Adjustment members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $12,000 for each board member per year. B Oce of Employee Appeals members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $3,000 for each member per year. C Police and Firemens Retirement and Relief Board members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $8,000 for each board member per year.
613
D Public Employee Relations Board members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $3,000 for each board member per year. E Repealed. F Redevelopment Land Agency board members shall be paid per diem compensation at a rate established by the Mayor, except that such rate may not exceed the daily equivalent of the annual rate of basic pay for level 15 of the District Schedule for each day (including travel time) during which they are engaged in the actual performance of their duties. G Zoning Commission members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $12,000 for each commission member per year. H Historic Preservation Review Board members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $3,000 for each board member per year. I Alcoholic Beverage Control Board members shall be entitled to compensation at the hourly rate of $40 per meeting, not to exceed $15,000 for each board member per year. J The Chairpersons of the boards and commissions specied in this paragraph who are public members shall be entitled to an additional compensation of 20 K Eective October 1, 2002, public and industry members of the District of Columbia Taxicab Commission shall be entitled to compensation of $25 per meeting or work session, not to exceed $1,350 for each public or industry member per year, as provided in 50-305(c). Total compensation for all Commission members shall not exceed $10,800, for all meetings and work sessions. L Eective October 1, 2012, members of the Board of Elections shall be entitled to compensation at the hourly rate of $40 while actually in the service of the Board, not to exceed the $12,500 per annum for members and $26,500 per annum for the Chairman.
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CONTENTS
d Notwithstanding subsections (a), (b), and (c) of this section, or any other provision of law, members of boards or commissions shall not be entitled to reimbursement for expenses; except that transportation, parking, or mileage expenses incurred in the performance of ocial duties may be reimbursed, not to exceed $15 per meeting or currently authorized amounts, whichever is less. e The Mayor shall conduct a comprehensive study of the compensation and stipend levels of the Districts boards and commissions, recognizing the dierent characteristics of these entities, and examining the best practices in the compensation and stipend policies of surrounding and comparable jurisdictions. Based on this study, the Mayor shall provide a report to the Council by December 31, 2002, with recommendations for a rational compensation and stipend policy applicable to boards and commissions, including any recommendations for changes in specic compensation and stipend levels that could be addressed in the FY 2004 budget and nancial plan.
0.1.822
a
CompensationMayor and members of Council.
Repealed.
a-1 In accordance with 1-204.21(d), the Mayor shall receive annual compensation in the amount of $200,000, which shall be payable in equal and periodic installments. The compensation shall not be subject to step, cost of living, or other increases. b (1) Members of the Council shall receive compensation in the amount of $115,000 per year; except that the Chairman shall receive compensation pursuant to 1-204.03(d), which shall be payable in equal and periodic installments. The compensation shall be subject to cost of living increases, but not to step or other increases. For the purposes of this section cost of living increases means the Consumer Price Index for all Urban Consumers (all items Washington D.C. Standard Metropolitan Statistical Area average), published on January 1 of each year. 2 In determining the proper salary level of the Council, the Council shall consider at a minimum: A The salary level of executive agency heads;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) B Pay increases for nonunion employees of the District; C Any other information the Council deems necessary; and
615
D The recommendations of the Mayor and Council Compensation Advisory Commission established by subchapter XI-A of this chapter. c Repealed.
d In determining the proper compensation level for the Mayor, the Council shall consider the recommendations of the Mayor and the Council Compensation Advisory Commission established by subchapter XI-A of this chapter.
0.1.823
CompensationMembers of the Board of Education.
Notwithstanding any other provisions of law, each member of the District of Columbia Board of Education shall receive a salary of not more than $15,000 annually; except the President of the Board of Education shall receive not more than $16,000 annually. These sums shall not increase unless by an act of the Council.
0.1.824
Classication and compensation policies and procedures for educational employees.
a The classication of all positions in the Educational Service shall be in accordance with the policies of 1-611.01. a-1 Notwithstanding any other provision of law, rule, or regulation: 1 Except for the Chancellor and any Excepted Service employees appointed pursuant to 1-609.03(a)(4), every employee of the District of Columbia Public Schools shall be: A Classied as an Educational Service employee;
B Placed under the personnel authority of the Mayor; and C Subject to all rules of the District of Columbia Public Schools;
616 2 Repealed.
CONTENTS
3 Except for the State Superintendent of Education and any Excepted Service employees appointed pursuant to 1-609.03(a)(7), every employee of the Oce of the State Superintendent of Education shall be: A Classied as an Educational Service employee; and
B Placed under the personnel authority of the Mayor. b In order to carry out the policies of subsection (a) of this section, the District of Columbia Board of Education shall, for educational employees of the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall, for educational employees of the University of the District of Columbia, provide for the development of a classication system covering all positions. The respective Boards shall provide that all positions covered by this classication system are properly evaluated by application of ocial classication standards, in accordance with accepted classication principles and techniques and in accordance with applicable rules and regulations. Classication systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 calendar days prior to their proposed eective date. Each Board shall hold a public hearing on all such proposals it publishes in the District of Columbia Register prior to its adoption of a classication system or amendment to such system. c Repealed.
d Compensation for all employees in the Educational Service shall be xed in accordance with the policies of paragraphs (1), (2), (3), (4), and (7) of subsection (a) of 1-611.03. e The new compensation systems authorized by subsection (d) of this section may include, but not be limited to, provisions for basic pay, pay increases based on quality of and length of service, premium pay, allowances, and severance pay. f Each Board shall provide for appropriate consultations with employee organizations in the development of the new compensation systems.
617
g (1) Each Board shall submit to the Mayor a proposed new compensation system developed pursuant to the provisions of subsections (d) and (e) of this section. Any proposed new compensation system submitted to the Mayor by a Board as required by this subsection shall include proposed dates on which the new compensation system shall become eective. Within 20 days of the submission to the Mayor of a new compensation system proposal by a Board, the Mayor shall transmit the proposal to the Council in the form of a proposed resolution. The Mayor shall append to the proposal a statement that includes: A Detailed reasons why the Mayor supports or opposes the proposal; and
B Any adjustments that the Mayor would like to have made to the proposal. 2 Until the new compensation systems are approved, the compensation systems, including the salary and pay schedules in eect on December 31, 1979, shall continue in eect, provided that pay adjustments shall be made in accordance with the policy stated in 1-611.03. h The Council shall consider the proposed compensation systems in accordance with its procedures. i (1) Each Board shall provide for the periodic review of its basic compensation systems, in order to improve the system and provide continuing conformity with the policy established by subsection (a) of this section. 2 These reviews of compensation shall include, but need not be limited to, a review of the adequacy of the rates of basic pay. 3 Each Board shall provide for appropriate consultations with employee organizations of employees under their respective jurisdiction in the periodic reviews of the compensation system. 4 Beginning with the year commencing January 1, 1982, each Board shall submit to the Council by no later than October 1st of each year all initial proposed pay changes and adjustments and other proposed changes to the compensation systems if any for approval by resolution under the provisions of this section.
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CONTENTS
5 If the Council by resolution approves, without revision, the proposed pay changes, adjustments, or other proposed changes to the compensation system submitted by the Board of Education, such changes shall become eective on the dates specied in the resolution submitted by the Board of Education as provided in paragraph (4) of this subsection. If the Council takes no action on the Board of Educations proposed change or changes within 60 calendar days of the submission thereof, such change or changes shall be deemed to have been approved by the Council on the day next following the expiration of such 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council. 6 If the Council desires to revise the proposal from the Board of Education, then, within the 60 calendar days for Council review, the Council may not only disapprove the proposal by resolution according to paragraph (5) of this subsection, but may, also, inform the Board of the Councils suggested revisions to the proposal and, subsequently, the Board may submit a new proposal. 7 No pay increase for employees of the Board of Education shall vest unless funds for such pay increase are identied in the transmittal from the Board of Education to the Council concerning such increase. 8 If the Council by resolution approves pay changes, adjustments, and other changes in a compensation system proposed by the Board of Trustees of the University of the District of Columbia, such changes shall become eective on the dates specied in the resolution submitted by the Board of Trustees as provided in paragraph (5) of this subsection. If the Council takes no action on the proposed change submitted by the Board of Trustees of the University of the District of Columbia within 60 calendar days of the submission thereof, such changes shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council. 9 If the Council disapproves the change or changes proposed by the Board of Trustees of the University of the District of Columbia, pursuant to paragraph (8) of this subsection, the Board may submit a new proposal. 10 Repealed.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 11 Repealed.
619
j Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where: 1 The individual is in the service of the District of Columbia government on the date of nal action by the Council on the increase; or 2 The individual retired or died during the period beginning on the eective date of the increase and ending on the date of nal action by the Council on the increase, and only for the services performed during that period. 3 Repealed.
0.1.825
Compensation for members of the Public Employee Relations Board.
a Notwithstanding any other provision of this subchapter, members of the Public Employee Relations Board shall receive compensation at the rate of $250 per day, or $31.25 per hour, whichever is less, while in the service of the said Board. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period. b During the transition period a person serving on both the Board of Labor Relations and the Public Employee Relations Board shall receive compensation as provided in subsection (a) of this section. c Adjustments to the rate of compensation provided in this section shall be made in accordance with 1-611.08(b).
0.1.826
Pay setting for re ghters, police ocers and teachers for the scal year ending September 30, 1979, and September 30, 1980.
a (1) The Mayor of the District of Columbia shall ascertain the average percentage increase to be used by the President of the United States in adjusting rates of pay (to be eective October 1, 1978, and October 1,
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1979, respectively) under 5305(a)(2) of Title 5 of the United States Code, or whether the President of the United States intends to submit to the United States Congress an alternative plan with respect to pay adjustments under 5305(c) of Title 5 of the United States Code, and the contents of the alternative plan of the President of the United States. 2 The Mayor of the District of Columbia shall then adjust the rates of pay in each class and service step on the salary schedule in 5-541.01(a) and in 38-1963, on the 1st pay period after October 1, 1978, and October 1, 1979, respectively, to reect the average percentage increase given to General Schedule employees. If the alternative plan of the President of the United States becomes eective as provided in 5305 of Title 5 of the United States Code, the Mayor of the District of Columbia shall adjust the rates of pay to reect the average percentage increase given to General Schedule employees under such alternative plan. If the alternative plan of the President of the United States is disapproved by the United States Congress, the Mayor of the District of Columbia shall adjust such rates of pay to reect the average percentage increase of the Presidential adjustments of rates of pay under 5 U.S.C. 5305(m). 3 The adjustments in the rates of pay made by the Mayor of the District of Columbia under this section shall be eective on and payable for the 1st day of the 1st pay period beginning on or after October 1, 1978, and October 1, 1979, respectively, or the eective date of the alternative plan of the President of the United States, whichever is later. b The rates of pay, which become eective under this section, shall be the rates of pay for each class and service step concerned, as if those rates had been set by statute, and shall remain in eect until amended by the Council of the District of Columbia. c The rates of pay established under this section shall supersede and render inapplicable those corresponding rates of pay set prior to the eective date of the rates of pay set under this section. d The rates of pay that take eect under this section shall be published in the District of Columbia Register.
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e (1) Retroactive compensation or salary shall be paid by reason of the amendments made by this chapter only in the case of an individual in the service of the District of Columbia government, the Board of Education of the District of Columbia, or of the United States (including service in the armed forces of the United States) on the eective date of this section: Except, that such retroactive compensation or salary shall be paid: A To any employee covered by this section who retired during the period beginning on the 1st day of the 1st pay period which began on or after October 1, 1978, and October 1, 1979, respectively, or the eective date of the alternative plan of the President of the United States, whichever is later, and ending on the eective date of this chapter for services rendered during such period; and B In accordance with the provisions of subchapter VIII of Chapter 55 of Title 5 of the United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on the 1st pay period which began on or after October 1, 1978, or October 1, 1979, respectively, or the eective date of the alternative plan of the President of the United States, whichever is later, and ending on the eective date of this chapter by any such employee who dies during such period. 2 For the purpose of this subsection, service in the armed forces of the United States in the case of an individual relieved from training and service in the armed forces of the United States, or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia. 3 For the purpose of determining the amount of insurance for which an individual is eligible under the provisions of Chapter 87 of Title 5 of the United States Code (relating to government employees group life insurance), all changes in rates of compensation or salary which result from the enactment of this chapter shall be held and considered to be eective as of the eective date of this chapter. f The process, as set forth in subsection (a) of this section, whereby the salaries of the District of Columbia police, re ghters, and teachers are adjusted in accordance with the rates of pay for federal General Schedule
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employees, shall be in eect only for the period commencing on October 1, 1978, and ending on September 30, 1980.
0.1.827
Classication policy; grade levels; publication required; public hearing.
a For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, the basic pay for an employee in the Career or Excepted Service shall not exceed $50,112.50 per annum.
b For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, or until an executive pay plan is established by the Council pursuant to 1-610.33, the basic pay for an employee in the Executive Service shall not exceed $50,112.50 per annum.
c For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for an employee of the Board of Education shall not exceed $50,112.50 per annum: Except, that of the Superintendent of Schools, which shall not exceed $55,400.00 per annum.
d For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for educational employees under the Board of Trustees of the University of the District of Columbia whose basic pay as of September 30, 1980, is $50,112.50 per annum or above shall not be increased, nor shall the basic rate of pay of an employee whose basic pay is less than $50,112.50 per annum be paid at a rate in excess of that amount.
0.1.828
Waiver of compensation.
An individual ocer or employee of the District of Columbia government entitled to compensation under this subchapter may decline to accept all or any part of such compensation by a waiver signed and led with the Director of Personnel. The waiver may be revoked in writing at any time. Payment of the compensation waived may not be made for the period during which the waiver was in eect.
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0.1.829
Pay limitations under other laws.
a Notwithstanding the provisions of 2-1605 or 23-1306, or any other provision or law, no employee of the District of Columbia government shall be authorized to receive pay in excess of that provided for in this subchapter, and any such provision of law that is inconsistent with this section shall be deemed superseded to the extent of such inconsistency. b No employee of the District of Columbia shall be paid at an annualized rate that is higher than the maximum salary for the highest pay grade for which the employees position is classied.
0.1.830
Employee deferred compensation program established.
There is established an employee deferred compensation program as provided in the Deferred Compensation Act of 1984.
0.1.831 0.1.832
Housing bonus;District of Columbia employees. [Repealed] Pre-tax benets programs.
a (1) The Mayor may establish certain tax-favored and pre-tax benets programs as are allowed by the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and the regulations and interpretations thereunder, including sections 120, 125, 127, 129, and 132 of the Internal Revenue Code. 2 Employee contributions to benets programs established pursuant to this chapter, including the District of Columbia Employees Health Benets Program, may be made on a pre-tax basis in accordance with the requirements of the Internal Revenue Code and, to the extent permitted by the Internal Revenue Code, such pre-tax contributions shall not eect a reduction of the amount of any other retirement, pension, or other benets provided by law. To the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall be included in the employees contributions to existing life insurance, retirement system, and for any other District government program keyed to the employees scheduled rate of pay, but shall not be included for the purpose of computing federal or District income tax withholdings, including F.I.C.A., on behalf of any such employee.
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b The Mayor may enter into an agreement with any personnel authority or independent agency to establish eligibility to participate in any benets program established under this section. c The Mayor may select one or more contractors to provide such services as may be required to implement any tax-favored program or pre-tax benets programs in accordance with the provisions of Chapter 3 of Title 2. d The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall aect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
0.1.833
Mandatory direct deposit.
a Notwithstanding any other provision of law, the only method for the receipt of salary, wages, or any other compensation, and retirement payments by any District of Columbia employee or retiree, whether compensated by the District with District funds or federal funds, shall consist of one of the following: 1 Direct deposit through electronic funds transfer to a checking, savings, or account designated by the employee or retiree; or 2 The delivery of the check by U.S. mail to the employees or retirees place of residence. b The Mayor is authorized to issue rules to implement this section.
0.1.834
Personnel authority pilot programs.
a Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with 1-204.22, the Mayor may implement pilot personnel programs in the areas of classication and compensation in the Department of Employment Services, the Department of Recreation and Parks and the Oce of Personnel. Pilot programs may be
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established during any control period as dened in 47-393, to help ensure successful implementation of the transformation of the District government workforce. b The Mayor may issue rules and regulations to implement these programs.
0.1.835
Establishment of the Mayor and Council Compensation Advisory Commission.
The Mayor and Council Compensation Advisory Commission (Commission) is established to determine the proper compensation of elected ocials in the District of Columbia.
0.1.836
Composition and term.
a The Commission shall consist of 5 voting members and one nonvoting member as follows: 1 Two members appointed by the Mayor with the advice and consent of the Council; 2 Three members appointed by the Council by resolution; and 3 The Director of the Oce of Personnel, or his or her designee, as an ex ocio nonvoting member. b The Chairperson of the Commission shall be selected the voting members. c Commission members shall serve a 3-year term; except, that the terms shall be staggered such that the rst member appointed by the Mayor shall serve a one-year term and the rst 2 members appointed by the Council shall each serve a 2-year term, with all other and subsequent appointments serving a 3-year term. A member is eligible for reappointment. d (1) Commission members shall be private citizens generally recognized for their knowledge and experience in management and compensation and have been residents of the District for at least 5 years.
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2 The Mayor, members of the Council, and ocers and employees of the District of Columbia or the federal government shall not be eligible for appointment to the Commission. e The Commission shall establish rules and procedures as the Commission shall determine. f Any vacancy on the Commission shall be lled in the same manner as the original appointment. A person appointed to ll a vacancy shall serve the remainder of the unexpired term of the original appointee. g All members of the Commission shall serve without compensation, but may be reimbursed for reasonable actual expenses incurred in the performance of ocial duties, pursuant to rules issued by the Mayor in accordance with 1-611.08.
0.1.837
Duties.
The Commission shall: 1 Conduct an annual review examining the best practices in compensation and benets for mayors and members of the Council and other elected ocials in the surrounding Washington Metropolitan Area, as well as in comparable jurisdictions in the country; 2 Study the feasibility of allowing a Councilmember to elect between engaging in employment, whether as an employee or as a self-employed individual, or holding a position other than the position as Councilmember for which the member is compensated in an amount in excess of his or her actual expenses and authorizing additional compensation for Councilmembers who agree not to engage in outside employment; and 3 Develop recommendations for changes in compensation levels for the Mayor or Councilmembers, or a recommendation that no changes be made, based on the review and study conducted pursuant to paragraphs (1) and (2) of this section and: A The duties and level of responsibilities of each position;
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B The current compensation for the position and the length of time since the last compensation change; C Any change in the cost of living since the last compensation change; D Salary trends for positions with analogous duties and responsibilities, both within government and in the private sector; E Budget limitations; F The information required by 1-611.09(b)(2)(A) and (B); and G Any other factors it considers to be reasonable, appropriate, and in the public interest.
0.1.838
Reports.
a On February 1 of each odd numbered year, the Commission shall submit to the Council, the Mayor, and each Councilmember a draft act, together with a report explaining its recommendations regarding compensation for the Mayor, the Chairman, and individual Councilmembers; provided, that the salary of the Chairman shall be pursuant to 1-204.03(d). The Commission shall also make the report available to the general public. b The Commission may make recommendations as to salaries for other District of Columbia elected or appointed ocials.
0.1.839
Meetings and hearings.
a The Commission shall meet as frequently as the proper and ecient discharge of its duties may require. A majority of the voting members shall constitute a quorum. The Commission may act by an armative vote of a majority of its voting members. b Other than executive sessions to consider privileged matters, the meetings of the Commission shall be open to the public. The discussion of compensation shall not be a privileged matter. c An executive meeting may be convened by a vote of a majority of the voting members of the Commission, upon good cause shown.
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d The Commission shall hold at least 2 public hearings to take public testimony on any proposed compensation changes, including from compensation experts from the public and private sectors. e The Commission shall maintain minutes of the meetings.
0.1.840
Powers.
a All oces, agencies, and instrumentalities of the District government shall fully cooperate with the Commission and provide requested information and documents. b Subject to the availability of appropriations, the Commission may hire or contract for necessary sta and technical assistance or may require any oce, agency, or instrumentality of the District government to provide such assistance.
0.1.841
Council action.
Upon receiving the draft act and report from the Commission as required by 1-611.54, the Chairman shall introduce the proposed legislation at the next legislative session. The Council shall hold a public hearing on the legislation within 6 months of its introduction.
0.1.842
Hours of work.
a A basic administrative workweek of 40 hours is established for each fulltime employee and the hours of work within that workweek shall be performed within a period of not more than 6 of any 7 consecutive days; except, that: 1 The basic workweek for uniformed members of the Fireghting Division of the District of Columbia Fire Department shall not exceed 48 hours and the Division shall operate under a 2-shift system with all hours of duty of either shift being consecutive; and 2 The basic workweek, hours of work, and tour of duty for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, that the basic work scheduling for all
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employees in recognized collective bargaining units to these established tours of duty shall be subject to collective bargaining, and collective bargaining provisions related to scheduling shall take precedence over conicting provisions of this subchapter. b Except when the Mayor determines that an organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, tours of duty shall be established to provide, with respect to each employee in an organization, that: 1 Assignments to tours of duty are scheduled in advance over periods of not less than 1 week; 2 The basic 40 hour workweek is scheduled on 5 days, Monday through Friday when practicable, and the 2 days outside the basic workweek are consecutive; 3 The working hours in each day in the basic workweek are the same; 4 Overtime shall be paid in accordance with Title XVII and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. 201 et seq.); 5 The occurrence of holidays may not aect the designation of the basic workweek; and 6 Breaks in working hours of more than 1 hour may not be scheduled in a basic workday except under rules and regulations on exible work schedules as provided in subsection (e) of this section. c Special tours of duty, of not less than 40 hours, may be established to enable employees to take courses in nearby colleges, universities or other educational institutions that will equip them for more eective work in the District government. Premium pay may not be paid to an employee solely because his or her special tour of duty results in his or her working on a day or at a time of day for which premium pay is otherwise authorized.
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d To the maximum extent practicable, time to be spent by an employee in a travel status away from his or her ocial duty station shall be scheduled within the regularly scheduled workweek of the employee. e The Mayor shall issue rules and regulations governing hours of work. Such rules and regulations shall provide for the use of exible work schedules within the 40 hour workweek when such schedules are considered both practicable and feasible.
0.1.843
a
Legal public holidays.
Legal public holidays are as follows:
1 New Years Day, January 1st of each year; 2 Dr. Martin Luther King, Jr.s Birthday, the 3rd Monday in January of each year; 3 Washingtons Birthday, the 3rd Monday in February of each year; 4 Memorial Day, the last Monday in May of each year; 5 Independence Day, July 4th of each year; 6 Labor Day, the 1st Monday in September of each year; 7 Columbus Day, the 2nd Monday in October of each year; 8 Veterans Day, November 11th of each year; 9 Thanksgiving Day, the 4th Thursday in November of each year; 10 Christmas Day, December 25th of each year; and
11 Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.
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b For purposes of pay and leave with respect to a legal public holiday listed in subsection (a) of this section and any other day designated to be a legal holiday by the Mayor, the following rules and regulations shall apply: 1 For full-time employees whose basic workweek is Monday through Friday, if a legal holiday occurs on Saturday, the Friday immediately before is a legal public holiday and if a legal holiday occurs on Sunday, the Monday immediately following is a legal public holiday; 2 For full-time employees whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee; and 3 For part-time employees, a legal holiday or a day designated as a holiday under paragraph (1) of this subsection which falls on the employees regularly scheduled workday is a legal public holiday for the employee. c January 20th of each 4th year starting in 1981, Inauguration Day, is a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day. When January 20th of any 4th year falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purposes of this section. d When an employee, having a regularly scheduled tour of duty is relieved or prevented from working on a day District agencies are closed by order of the Mayor, he or she is entitled to the same pay for that day as for a day on which an ordinary days work is performed. e The Mayor shall prescribe rules and regulations governing the pay and leave of employees in connection with legal public holidays and other designated nonworkdays. f The Board of Trustees of the University of the District of Columbia shall have authority to establish not more than 3 additional holidays to honor persons or events germane to academic interests.
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0.1.844
Legal private holidays.
A legal private holiday is a day on which any paid family, vacation, personal, compensatory, leave bank or unpaid leave that has been provided by the employer may be granted pursuant to subchapter XII of this chapter and Chapter 12 of Title 32 and includes the District of Columbia Emancipation Day, April 16th of each year.
0.1.845
Leave.
a All employees shall be entitled to earn annual and sick leave as provided herein, except: 1 Educational employees under the Board of Education or Board of Trustees of the University of the District of Columbia. The leave system for such employees shall be established by rules and regulations promulgated by the respective Boards; 2 An intermittent employee who does not have a regularly scheduled tour of duty; 3 Elected ocials; 4 Members of boards and commissions whose pay is xed under 1-611.08; 5 A temporary employee appointed for less than 90 days; 6 Employees rst hired after September 30, 1987; or 7 Employees covered under subchapter X-A of this chapter. b The days of leave are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays. The annual leave provided by this section, including annual leave that will accrue to an employee during the year, may be granted at any time during the year by the appropriate personnel authority.
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c An employee who accepts a position excepted from these provisions under subsection (a) of this section, without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for recrediting purposes if he or she returns to a position covered by these provisions. d An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments, or to have the excess leave carried forward as a charge against later accruing annual leave, unless repayment is waived as provided under subchapter XXIX of this chapter. e (1) An employee is entitled to annual leave with pay which accrues as follows: A One-half day for each full biweekly pay period for an employee with less than 3 years of federal or District government service; B Three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and onefourth days, for an employee with 3 but less than 15 years of federal or District government service; and C One day for each full biweekly pay period for an employee with 15 or more years of federal or District government service. 2 For the purposes of this subsection, an employee is deemed employed for a full biweekly pay period if he or she is employed during the days within that period, exclusive of legal holidays and nonworkdays which fall within his or her basic administrative workweek. A part-time employee serving on a prearranged scheduled tour of duty is entitled to earn leave as provided above on a pro rata basis. Leave accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid based on biweekly pay periods. A change in the rate of accrual of annual leave by an employee under this subsection takes eect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.
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f In determining years of service for leave accrual purposes, an employee is entitled to credit for all service creditable under 8332 of Title 5 of the United States Code for annuity purposes under Civil Service retirement. An employee who is a military retiree is entitled to credit for active military service only if his or her retirement was based on disability resulting from injury or disease received in the line of duty as a direct result of armed conict or caused by an instrumentality of war and incurred in line of duty during a period of war as dened by 101 and 301 of Title 38 of the United States Code. The determination of years of service may be made on the basis of an adavit of the employee. g An employee whose current employment is limited to less than 90 days is entitled to annual leave only after being currently employed for a continuous period of 90 days under successive temporary appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him or her since the date of his or her initial temporary appointment. h Annual leave which is not used by an employee accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a calendar year. 1 Annual leave in excess of 30 days which was accumulated under an earlier statute remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year until the employees accumulated leave does not exceed 30 days. 2 Annual leave which is lost due to administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960, exigencies of the public business when the annual leave was scheduled in advance, or sickness of the employee when the annual leave was scheduled in advance, shall be restored to the employee:
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A Restored annual leave which is in excess of 30 days shall be credited to a separate leave account for the employee and shall be available for use by the employee for a period of 2 years. Restored leave shall be included in a lump-sum payment if unused and still available upon the separation of the employee; B Annual leave otherwise accruable after June 30, 1960, which is lost because of administrative error and is not recredited because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is led within 3 years immediately following the date on which the error is discovered. i When an individual who received a lump-sum payment for leave is reemployed before the end of the period covered by the lump-sum payment, except in a position excepted under subsection (a) of this section, he or she shall refund an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. j An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period: Except, that sick leave with pay accrues to a member of the Fireghting Division of the Fire Department on the basis of two-fths of a day for each full biweekly pay period. Sick leave may not be charged to the account of a uniformed member of the Metropolitan Police Department or the Fire Department for an absence due to injury or illness resulting from the performance of duty. k The annual and sick leave to the credit of a federal employee who transfers to the District government without a break in service will be transferred to the credit of the employee under the District government leave system. The annual and sick leave to the credit of an employee who transfers from a position under a dierent leave system(s) without a break in service shall be transferred on an adjusted basis under rules and regulations prescribed by the Mayor. l An employee is entitled to leave, without loss of pay, leave, or credit for time of service, during a period of absence in which he or she is summoned, in connection with a judicial proceeding, by a court or other authority responsible for the conduct of that proceeding to serve as a juror or as a witness on behalf of any party in connection with judicial proceeding to which the
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United States, the District of Columbia, or a state or local government is a party. m An employee is entitled to leave without loss in pay, leave, service, or performance rating for active duty, inactive-duty training (as dened in 37 U.S.C. 101), or to engage in eld coast defense training under 32 U.S.C. 502 through 505 as a reserve member of the armed forces or member of the National Guard. Leave under this subsection shall not exceed 15 calendar days per scal year and, to the extent that it is not used in a scal year, shall accumulate for use in the succeeding scal year until it totals 15 days at the beginning of a scal year. In the case of part-time employment, the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed above which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee during that scal year. The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof. m-1 An employee who is a member of a reserve component of the armed forces, as described in 10 U.S.C. 10101, or the National Guard, as described in 32 U.S.C. 101 and who performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life, property, or the prevention of injury, under the following: 1 Federal service under 10 U.S.C. 331, 332, 333, or 12406 or other provision of law, as applicable, or 2 Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he or her would be otherwise entitled, and credit for service or a performance rating. Leave granted by this paragraph shall not exceed 22 workdays in a calendar year. m-2 Upon the request of an employee, the period for which an employee is absent to perform service described by this subsection may be charged to the employees accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick
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leave. An employee who is a member of the National Guard of the District of Columbia is entitled to leave without limitation and without loss in pay or time for each day of a parade or encampment ordered or authorized under Title 49 of the District of Columbia Ocial Code. This provision covers each day of service in the National Guard, or a portion thereof, that an employee is ordered to perform by the Commanding General. m-3 An amount (other than travel, transportation, or per diem allowance) received by an employee for military service as a member of the reserve or National Guard for a period for which he or she is entitled to military leave shall be credited against the pay payable to the employee for the same period. n An employee is entitled to not more than 3 days of leave without loss of or reduction in pay, leave or service to make arrangements for or attend the funeral or memorial service for an immediate relative who died as a result of wound, disease or injury incurred while serving as a member of the armed forces in a combat zone. o The Mayor is authorized to issue necessary rules and regulations to implement the provisions of this section. p In units where exclusive recognition has been granted, the Mayor or an appropriate personnel authority may enter into agreements with the exclusive bargaining agent to continue employee coverage under the provisions of this chapter while an employee(s) serves in a full-time or regular part-time capacity with a labor organization at no loss in benets to the individual employee(s): Provided, however, that the cost to the District shall be paid by the labor organization while the employee(s) is so engaged, and: Provided, further, that this provision shall not limit the negotiability or use of ocial time by unit employees for the purposes of investigation, processing, and resolving grievances, complaints or any and all other similar disputes. q After advising his or her supervisor, an employee is entitled to utilize up to 10 hours of administrative leave for the purpose of responding to adverse actions initiated under the provisions of subchapter XVI-A of this chapter. r An employee who is a member of the District of Columbia Retirement Board shall be entitled to administrative leave, in accordance with 1-711(c),
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while engaged in the actual performance of duties vested in the Board during the employees regularly scheduled working hours.
0.1.846
Universal leave program.
a The Mayor shall develop a universal leave system for Career and Excepted Service employees who were rst employed by the District of Columbia government on or after October 1, 1987, excluding police ocers, reghters, and employees excluded from earning leave pursuant to 1- 612.03(a)(1) through (a)(5). The universal leave system shall include disability income protection for non work-related illness and injury. b Within 90 days of the eective date of this section, the Mayor shall submit the universal leave system to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess. If the Council does not approve or disapprove the proposed universal leave system by resolution within the 60-day review period, the proposed universal leave system shall be deemed approved. c The submission to the Council shall at a minimum include the following:
1 The rate at which universal leave shall be accrued; 2 The number of universal leave days that may be carried forward from one leave year to the next; 3 A provision for employees who are denied the opportunity to use their universal leave; 4 The percentage of income to be received under any disability insurance program and its tax status; 5 The denition of disability and a method for dispute resolution; 6 The stipulated waiting period before disability insurance income would commence; 7 The period of disability income protection;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 8 Transition provisions; 9 The eective date of the universal leave system; and 10 Fiscal impact.
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0.1.847
Donor leave.
a An employee shall be entitled to up to 30 days of leave to serve as an organ donor, and up to 7 days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service, in a calendar year. b The provisions of subsection (a) of this section shall only apply if the employee is a volunteer donor, and any compensation received by the employee is limited to costs and expenses associated with organ or bone marrow donations. c The Mayor shall prescribe rules and regulations to implement the provisions of this section.
0.1.848
Denitions.
For purposes of 1-612.04 through 1-612.10, the term: 1 Agency shall have the meaning provided in 1-603.01(1). 2 Employee shall have the meaning provided in 1-603.01(7), except that it shall mean only an employee who is eligible to accrue annual leave. 3 Leave donor means an employee who donates annual leave to the annual leave bank created in accordance with 1-612.05. 4 Leave recipient means an employee whose personnel authority has approved the employees application to receive annual leave from the annual leave bank.
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5 Medical emergency means a medical condition of an employee or a member of an employees family that is likely to require the employees absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. 6 Personnel authority shall have the meaning provided in 1-603.01(14).
0.1.849
Annual leave bank.
a There is established within the District of Columbia (District) government an annual leave bank. An employee may donate annual leave to the bank and withdraw annual leave from the bank in accordance with 1612.06, 1-612.07, and 1-612.08 and under guidelines promulgated by the Mayor pursuant to 1-612.11. b The Mayor shall maintain an overall accounting of deposits and withdrawals to and from the annual leave bank. c Each personnel authority shall keep an accounting of the amount and value of employee donations to and withdrawals from the bank. The accounting shall be provided to the Mayor on a quarterly basis. d A personnel authority may enter into an agreement with another personnel authority to establish an annual leave bank program or to join an already existing annual leave bank program. The personnel authorities shall provide a copy of the written agreement to the Mayor and the Director of Personnel within 10 days of the agreement.
0.1.850
Donations.
a A potential leave donor may submit a voluntary written request to the potential leave donors personnel authority that a specied number of hours of the employees accrued annual leave be donated to the annual leave bank. The donation shall be made to the annual leave bank in accordance with procedures established pursuant to 1-612.11. b A leave donor may not donate more than a total of one-half of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored leave without limitation; however, the personnel authority
641
or his or her designee may, in special circumstances, waive the limitation of the amount of annual leave that can be donated by an employee once the employee has donated the minimum of 4 hours of leave. b-1 A leave donor may designate the employee who is to receive the donated leave if the employee has applied for and been approved as a leave recipient. Any remaining donated annual leave, if not used by the designated leave recipient, becomes the property of the annual leave bank program for use by other leave recipients. c The value of the leave donated by the leave donor shall be in an amount equal to the hourly rate of pay of the leave donor multiplied by the number of hours of annual leave donated.
0.1.851
Application for withdrawal.
An application for withdrawal shall proceed as follows: 1 An employee who has been aected by a medical emergency may make written application to the employees personnel authority to become a leave recipient; 2 If the employee is not capable of making application on the employees own behalf, another employee of the personnel authority may make written application on the employees behalf; and 3 The application shall be notarized by the aected employee or the employee acting on the aected employees behalf.
0.1.852
Approval of application for withdrawal.
a The potential leave recipients personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to 1-612.11. b Before approving an application to become a leave recipient, the personnel authority shall determine that: 1 The request to become a leave recipient has been necessitated by a medical emergency;
642
CONTENTS
2 The absence from duty because of the medical emergency is, or is expected to be, at least 10 workdays; 3 The potential leave recipient has previously donated a minimum of 4 hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient; and 4 The potential leave recipient does not possess accrued paid leave sucient to cover the expected period of absence from work. c The value of the annual leave received by the leave recipient shall be in an amount equal to the hourly rate of pay of the leave recipient multiplied by the number of hours of annual leave received.
0.1.853
Use of donated annual leave.
A leave recipient may use annual leave received from the leave bank in the same manner and for the same purposes as if the leave recipient had accrued the leave, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient, or any advanced sick leave or compensatory time shall be used before any leave from the leave bank shall be used.
0.1.854
Termination of medical emergency.
The medical emergency aecting a leave recipient shall terminate when: 1 The leave recipients employment terminates; or 2 The leave recipient is no longer aected by the medical emergency.
0.1.855
Rules.
The Mayor shall issue proposed rules to implement the provisions of 1612.04 through 1-612.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
643
0.1.856
Denitions.
For purposes of this subchapter, the term: 1 Agency shall have the meaning provided in 1-603.01(1). 2 Child means any person: A Under 21 years of age;
B Twenty-one years of age or older and is substantially dependent upon the recipient employee by reason of physical or mental disability; or C Under 23 years of age and is a full-time student. 3 Domestic partner shall have the meaning provided in 32-701. 4 Employee shall have the meaning provided in 1-603.01(7), except that it shall mean an employee who is eligible to accrue annual or universal leave. 5 Head shall have the meaning provided in 1-603.01. 6 Immediate relative means: A An individual who is related by blood or marriage to the recipient employee as father, mother, child, husband, or wife; B An individual for whom the recipient employee is the legal guardian; or C A domestic partner. 7 Independent agency shall have the meaning provided in 1-603.01(13). 8 Intimidate, threaten, or coerce includes promising to confer or conferring any benet such as appointment, promotion, or compensation, or eecting, or threatening to eect, any reprisal such as deprivation of appointment, promotion, or compensation.
644
CONTENTS
9 Leave contributor means an employee who contributes annual or universal leave to be transferred to a designated recipient employee. 10 Personal care means custodial or primary assistance that helps an individual with activities of daily living, including bathing, eating, dressing, and continence. The term personal care shall include the recent adoption of a child and the care of a newborn child. 11 Prolonged absence means an employees absence from duty for at least 10 consecutive workdays that will result in a substantial loss of income to the employee because of the unavailability of paid leave. 12 Recipient employee means an individual employed by the District government for a minimum of one year without a break in service who is designated to receive annual or universal leave transferred from a leave contributor. 13 Serious health condition means pregnancy or a physical or mental illness, injury, or impairment that involves a hospital, hospice, or residential health care facility or continuing treatment at home by a competent health care provider or other individual.
0.1.857
Voluntary leave transfer program.
a Each agency or independent agency shall establish a voluntary leave transfer program under which annual or universal leave accrued or accumulated by an employee may be transferred on an hour-for-hour basis within the agency to the annual or universal leave account of any other eligible agency employee. b A voluntary transfer of leave is authorized when a potential recipient employee will suer a prolonged absence due to the employees serious health condition or the employees responsibility to provide personal care to an immediate relative. c A recipient employee shall be eligible to receive a maximum of 320 hours of transferred leave during any 12-month period. Any unused transferred leave shall be forfeited or may be transferred to the annual leave bank upon the concurrence of the Oce of Personnel.
645
d (1) Notwithstanding any other provision of this section, if the head of an agency determines that any organization or program within the agency or independent agency is being substantially disrupted in carrying out its functions or is incurring additional costs because of its participation in the voluntary leave transfer program, the agency head may exclude from the program any employee or group of employees. 2 If the head of an agency excludes an employee or group of employees from the program, he or she shall submit a report to the Director of the Oce of Personnel specifying how the organization or program would be substantially disrupted in carrying out its functions or would incur additional costs. This information shall be included in the Voluntary Transfer of Leave Program Report required under 1-612.38.
0.1.858
Application to receive transferred leave.
a An employee who expects to experience a prolonged absence may make written application to the agency head or designee to become a recipient employee. b If the employee is not capable of making an application, another employee of the agency may make written application on the employees behalf. c The application shall include at least the following:
1 The anticipated duration of the prolonged absence; 2 The name, position title, and grade of the proposed recipient employee; 3 The name and organizational location within the agency or independent agency as appropriate of the potential leave contributor; and 4 The amount of leave requested. d The agency shall require submission of the following:
646
CONTENTS
1 An adavit signed by the recipient employee attesting to the fact that the individual requiring personal care is an immediate relative or that the personal care is due to the recent adoption of a child or care of a newborn child; and 2 Certication from a physician or other licensed healthcare professional that the recipient employee has experienced a serious health condition or that the recipient employees immediate relative requires personal care, except that no certication shall be required in cases of pregnancy, the recent adoption of a child, or care of a newborn child.
0.1.859
Leave contributions.
a A potential leave contributor may, by written application to the agency head or designee, request that a specied number of hours be transferred from the annual or universal leave account of the employee to the annual or universal leave account of a potential recipient employee. b A leave contributor shall not contribute more than 1/2 of the amount of annual or universal leave that the leave contributor would be entitled to accrue during the leave year; provided, that a leave contributor may contribute restored leave without limitation.
0.1.860
Approval or disapproval of leave transfer.
a Before approving an application, the agency head or designee shall determine that the request to become a recipient employee has been necessitated by a prolonged absence due to the employees serious health condition or the employees responsibility to provide personal care to an immediate relative. b In approving or disapproving the application, the agency head or designee may consider the leave record of the potential receiving employee, the probability that the recipient employee will separate from service, and any exigency or disruption in service that the agency or independent agency may experience. c The agency head or designee shall approve or disapprove an application of a proposed recipient employee and, to the extent practicable, shall notify the proposed recipient employee or the employee acting on behalf of the proposed recipient employee within 15 calendar days of receipt of the application.
647
Notwithstanding any other law, if the recipient employee is eligible for leave under the Family and Medical Leave provisions of 28 U.S. C. 2601 et seq., the leave transfer shall be granted.
0.1.861
Receipt and use of transferred leave.
a Each agency or independent agency shall maintain an accounting of the voluntary leave transfer program and the leave records of the recipient employee and the leave contributor. b A recipient employee may use contributed annual or universal leave transferred under this section in the same manner as if the leave had accrued to the recipient employee; provided, that any annual, universal leave, sick leave, or advanced leave shall be exhausted before any transferred leave may be used. c During the period in which transferred leave is being used, no annual, universal, or sick leave shall accrue to the recipient employee. d Use of transferred leave shall terminate when:
1 The recipient employee is no longer aected by the serious health condition or is not responsible for providing personal care to the immediate family member; or 2 The recipient employee separates from employment. e Unused transferred leave shall not be subject to any form of lump-sum leave payment upon the recipient employees separation from employment.
0.1.862
Prohibition of coercion.
An employee shall not directly or indirectly intimidate, threaten, or coerce any other employee for the purpose of interfering with any right that the employee may exercise to contribute, receive, or use annual or universal leave.
648
CONTENTS
0.1.863
Voluntary transfer of leave program report.
On or before February 1 of each year, the Oce of Personnel shall provide a Voluntary Transfer of Leave Program Report to the Council. The report shall include: 1 A comprehensive list of all voluntary leave bank contributors; 2 A comprehensive list of all transfer of leave recipients; 3 Documentation demonstrating that proper deductions have been taken from the contributors leave accrual; 4 Documentation demonstrating the actual transfer of leave to the recipient; and 5 If the head of an agency excludes an employee or group of employees from the program under 1-612.32(d) because an organization or program within the agency would be substantially disrupted in carrying out its functions or would incur additional costs: A The manner in which the organization or program within the agency would be substantially disrupted in carrying out its functions; or B The amount of additional costs which will be incurred and the reasons that they will be incurred.
0.1.864
Programs for employee development.
a The Mayor and the District of Columbia Board of Education shall each install and maintain programs for the training and development of their respective employees through planned courses, systems, or other instruction or education in elds which are or will be related to the performance of ocial duties for the District, in order to increase their knowledge, prociency, ability, skill and qualications in the performance of these duties. This system of training shall be created to ensure that the principles of eciency, economy and equitable treatment for all employees is carried out for the successful operation of the District government.
649
a-1 (1) The Mayor shall undertake a comprehensive analysis of all training and development programs available to District employees and shall establish a comprehensive plan (Plan) to expand training opportunities for all District employees. The plan shall include a review of federal training programs, courses, and professional certications and a recommendation of whether to centralize administration and coordination of training functions within the Department of Human Resources. 2 The Mayor shall provide the Plan required by this subsection to the Council no later than December 31, 2012. b When educational facilities under the control and direction of the District government are not the most economical available to carry out the provisions of this section, the Mayor and the District of Columbia Board of Education may make arrangements and agreements with colleges, universities, educational institutions, appropriate institutions or corporations. The appropriate personnel authority shall have the authority to enter into these arrangements and agreements for employee development. The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning what items must be included in agreements for employee development activities relying on non-District facilities. c (1) An employee shall not suer a loss in pay, tenure, or other rights and benets by reason of participation in any training or career development program when such participation has been approved or authorized by the District government. 2 The District may: (A) Pay all or a part of the pay of an employee selected and assigned for training under this section (except overtime, holiday, night, or Sunday premium pay); and (B) pay all or a part of the necessary expenses of the training, including the employees costs of travel, subsistence, transportation, tuition, fees, books, and related materials; and membership fees to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent for the training. The prohibition in this subsection on payment of premium pay may be waived when the Mayor determines that payment of premium pay would be in the interests of equity and good conscience or in the public interest.
650
CONTENTS
d (1) An employee selected for training under this section in a university, college, or other educational institution not controlled by the District shall agree in writing with the District that he or she will: A Continue in the service of the District after the end of the training period for a period of time at least equal to the length of the training period, unless he or she is involuntarily separated from that service; and B Pay to the District the amount of expenses incurred by it in connection with the training, other than his or her pay, if he or she voluntarily leaves that service before the end of the period for which he or she had agreed to serve. 2 If an employee fails to fulll the agreement under this subsection to pay the expenses of the training, a sum equal to those expenses is recoverable by the District from the employee, or his or her estate, by seto against pay, amount of retirement credit, or other amount due the employee from the District. 3 The right of recovery under paragraph (2) of this subsection may be waived, in whole or in part, by the Mayor and the District of Columbia Board of Education if recovery would be against equity and good conscience, or against the public interest. 4 The Mayor and the District of Columbia Board of Education may exempt from the requirement for entering into a written agreement under this subsection the following: A An employee selected for training that does not exceed 80 hours within a single program; B An employee selected for training which is given through a correspondence course; and C An employee selected for training in a manufacturers training facility, if that training is the direct result of the lease or purchase of that manufacturers product by the District government.
651
e The Mayor and the District of Columbia Board of Education shall issue rules and regulations concerning the implementation of this subchapter, consistent with equal employment opportunities and standards. f The head of each District agency shall prepare an annual employee development plan which identies subject matter areas where training is needed, the types of programs and courses which could be used to meet those identied training needs and the types of training activities which will be carried out in the coming year. 1 The annual employee development plan should also evaluate the impact and success of prior training and employee development activities. Cost gures should include employee pay and benet expenses while engaged in training on ocial time, tuition expenses and other fees, travel costs, and other appropriate items. 2 The Council may review and inspect all plans developed in accordance with this subsection. g Programs developed under the authority of this subchapter are appropriate matters for collective bargaining with labor organizations. h The Mayor shall maintain a record in each employees personnel le of the training and development programs in which the employee has participated. The Mayor may dictate the content of the record; provided, that it includes: 1 The name of each program; 2 The length of each program; 3 Any certication or endorsement associated with each program; and 4 The cost of each program.
0.1.865
Performance management system established.
There is established a comprehensive performance management system designed to:
652 1 Inform employees of work expectations;
CONTENTS
2 Hold employees accountable for their performance, which shall include a direct relationship between the rating received pursuant to 1-613.52 and the receipt of any periodic step increase or of any performance based increase that may be established under the compensation system authorized by subchapter XI; 3 Objectively evaluate employees work performance based on criteria that have been made known to the employees; 4 Improve employee performance through training; 5 Recognize employee accomplishment; and 6 Include customer satisfaction as an evaluation factor.
0.1.866
Performance management system.
The performance management system shall provide for: 1 The development of individual performance plans for all employees; 2 Ratings based on one or more of the following performance management components: A Standards;
B Objectives; C Real-time tasks and assignments; and D Competencies;
3 Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of 1-624.02(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of 1- 624.02(b)(4);
653
4 A rating process, with (at a minimum) annual evaluations which may include input from citizens, customers, peers, the employee, subordinates, and supervisors; 5 A removal and reconsideration process, which may include the alternatives of reassignment and demotion; and 6 An opportunity to demonstrate an improvement in performance during the reconsideration process.
0.1.867
Transition provisions.
a Until regulations are issued by the Mayor, the Board of Education and the Board of Trustees of the University of the District of Columbia to implement the provisions of this subchapter for their respective employees, the performance evaluation systems in eect on June 10, 1998, shall continue in eect. b Notwithstanding any other provision of law or of any collective bargaining agreement, the implementation of the performance management system established in this subchapter is a non-negotiable subject for collective bargaining.
0.1.868 0.1.869 0.1.870 0.1.871 0.1.872 0.1.873
Established. [Repealed] Content requirements. [Repealed] Ratings. [Repealed] Review of ratings. [Repealed] Other rating procedures prohibited; exception. [Repealed] Denitions.
For the purposes of this subchapter, the term: 1 Agency means any oce, department, division, board, commission, or other agency of the District government, including both subordinate agency and independent agency, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term
654
CONTENTS
agency does not include the Superior Court of the District of Columbia or the District of Columbia Court of Appeals. 2 Performance measures means the methods of gauging the outcomes and outputs of publicly funded activities through procedures and devices, including, but not limited to, existing agency records, citizen surveys, and trained observer ratings. 3 Performance plan means the strategic description of how an agencys mission and goals will be accomplished and shall consist of functions, activities, operations, and projects and both qualitative and quantitative measures required for eective implementation. The performance plan shall also include the following: A Mission statement: A statement of central purpose of the organizational entity; B Objectives: Broad statements of the desired benets from the performance of the central purpose; and C Goals: Target levels of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. 4 Performance report means the annual device by which District agencies report to the Council on the progress of management employees and other personnel toward achieving the objectives and goals in the performance plan. 5 Management employee means any person whose functions include responsibility for project management and supervision of sta and the achievement of the projects overall goals and objectives. 6 Nonmanagement personnel means any person whose functions do not include responsibility for project management or supervision of sta, and are subject to the control and supervision by management employees. 7 Signicant activities means activities that are central to the functions, goals, and services of the agency, program, or project.
655
8 Publicly funded or public funds means support by any governmental source.
0.1.874
Performance plan.
a Not later than January 1, 1996, and coincident with annual budget submissions to the Council in succeeding years, each agency of the District of Columbia shall develop and submit to the Council a performance plan that covers all publicly funded activities of the agency. b The performance plan shall state measurable, objective performance goals and objectives for all signicant activities of the government of the District of Columbia, including activities supported in whole or in part by public funds, but performed in whole or in part by some other public or private entity. c Control center and responsibility center budgetary information shall be organized along specic program lines with corresponding statements of goals and objectives included in the performance plan. d For each agency and major program covered by the performance plan, there shall be one or more measures of performance, that addresses both quantity and quality. The performance measures may include program outputs and activity levels, but should also include measures of program outcomes and results. e The performance plan shall state the name and position of the management employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employees. f Any change in resources or reprogramming within the agency shall require appropriate revision to the performance plan by the agency.
0.1.875
Performance report.
a Not later than January 1, 1997, and on January 15th in subsequent years, each agency of the District of Columbia government shall develop and submit to the Council of the District of Columbia a performance report covering all major programs of the agency.
656
CONTENTS
b The performance report shall indicate, for each performance measure stated in the previous scal years performance plan, the actual level of performance as compared to the stated goal or objective for performance. The performance report shall also state the name and position of the management employee or employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employee or employees.
0.1.876
Development of plans and reports.
a Agencies of the District of Columbia shall develop the performance plans and performance reports that are submitted by January 1, 1996, January 1, 1997, and succeeding years in consultation with the Oce of the District of Columbia Auditor. b The Mayor shall order that the District of Columbia Oce of Personnel amend its management and personnel laws and regulations to be in conformance with the provisions of this subchapter. c The Oce of the District of Columbia Auditor shall conduct an audit of selected performance measures presented in performance reports of certain agencies each scal year. d The District may invite outside review of the process and the indicators upon the submission of the rst performance plan and performance report to obtain recommendations concerning the process and the indicators, and after the initial review, on a biannual basis.
0.1.877 0.1.878 0.1.879 0.1.880
Declaration of purpose. [Repealed] Employee bill of rights. [Repealed] Complaints of criminal harassment for appearances and testimony before the Council. [Repealed] Public employees as duciaries for consumer protection.
a For purposes of this section, consumer protection law shall include any law intended to protect, or which does in fact protect, individual consumers
657
from unfair, deceptive, or misleading acts or practices; or the nondisclosure of product quality, weight, size, or performance. Any employee who administers, enforces, or implements any health, safety, environmental, or consumer protection law, or any rules and regulations promulgated for the enforcement of such laws, is a duciary to any individual or class of individuals intended to be protected, or who are in fact protected, from injury or harm, or risk of injury or harm, by laws, rules and regulations, and, as a duciary, is obligated to protect such individual or class of individuals. b Any individual or class of individuals may commence a civil action on his or her or their own behalf against any employee or employees in any agency for breach of a duciary duty upon showing that said employee or employees by his or her or their acts or omissions has or have exposed said individual or class of individuals to an injury or harm, or risk of injury or harm, from which they are to be protected by the employee or employees. Such action may be brought in the Superior Court of the District of Columbia. The District of Columbia, through the Corporation Counsel, shall defend any employee or employees against whom such action is commenced. Such employee or employees may, however, at his or her or their option, provide for his or her or their own defense. c If the Court nds that any employee or employees have breached their duciary duty by any act or omission or by any series of acts or omissions, the Court shall do the following: 1 Order performance or cessation of performance, as appropriate; and 2 Take any other appropriate action, including the assessment of nes not to exceed $1,000, against any employee or employees within the agency who has or have breached the duties of the duciary relationship.
0.1.881
Curbing fraud and conicts of interest.
a (1) Any citizen shall have a right to commence a suit in the Superior Court of the District of Columbia on behalf of the District government to recover funds which have been improperly paid by the District government while there exists any conict of interest on the part of the employee or employees directly or indirectly responsible for such payment.
658
CONTENTS
2 It shall be an armative defense to any action under this section that the defendant did not know or have reason to know of the conict of interest. b Any citizen who commences a suit under this section shall be entitled to 10 percent of the amount recovered for the District. The prevailing party shall recover reasonable attorneys fees and other costs incidental to the action. c The right of a citizen to commence and maintain a suit under this section shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney: Provided, however, that if the District shall rst commence suit, a citizen may not commence a suit under this section: Provided, further, however, that if the District shall fail to carry on such suit with due diligence within a period of 6 months or within such additional time as the Court may allow, a citizen may commence a suit under this section and such suit shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney.
0.1.882
Findings and declaration of purpose.
The Council nds and declares that the public interest is served when employees of the District government are free to report waste, fraud, abuse of authority, violations of law, or threats to public health or safety without fear of retaliation or reprisal. Accordingly, the Council declares as its policy to: 1 Enhance the rights of District employees to challenge the actions or failures of their agencies and to express their views without fear of retaliation through appropriate channels within the agency, complete and frank responses to Council inquiries, free access to law enforcement ocials, oversight agencies of both the executive and legislative branches of government, and appropriate communication with the public; 2 Ensure that acts of the Council enacted to protect individual citizens are properly enforced; 3 Provide new rights and remedies to guarantee and ensure that public oces are truly public trusts;
659
4 Hold public employees personally accountable for failure to enforce the laws and for negligence in the performance of their public duties; 5 Ensure that rights of employees to expose corruption, dishonesty, incompetence, or administrative failure are protected; 6 Guarantee the rights of employees to contact and communicate with the Council and be protected in that exercise; 7 Protect employees from reprisal or retaliation for the performance of their duties; and 8 Motivate employees to do their duties justly and eciently.
0.1.883
a
Denitions.
For purposes of this subchapter, the term:
1 Contract means any contract for goods or services between the District government and another entity but excludes any collective bargaining agreement. 2 Contributing factor means any factor which, alone or in connection with other factors, tends to aect in any way the outcome of the decision. 3 Employee means any person who is a former or current District employee, or an applicant for employment by the District government, including but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department, but excluding employees of the Council of the District of Columbia. 4 Illegal order means a directive to violate or to assist in violating a federal, state or local law, rule, or regulation.
660
CONTENTS
5 (A) Prohibited personnel action includes but is not limited to: recommended, threatened, or actual termination, demotion, suspension, or reprimand; involuntary transfer, reassignment, or detail; referral for psychiatric or psychological counseling; failure to promote or hire or take other favorable personnel action; or retaliating in any other manner against an employee because that employee makes a protected disclosure or refuses to comply with an illegal order, as those terms are dened in this section. B For purposes of this paragraph, the term : i Investigation includes an examination of tness for duty and excludes any ministerial or nondiscretionary factnding activity necessary to perform the agencys mission. ii Retaliating includes conducting or causing to be conducted an investigation of an employee or applicant for employment because of a protected disclosure made by the employee or applicant who is a whistleblower. 6 Protected disclosure means any disclosure of information, not specically prohibited by statute, without restriction to time, place, form, motive, context, forum, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employees duties by an employee to a supervisor or a public body that the employee reasonably believes evidences: A Gross mismanagement;
B Gross misuse or waste of public resources or funds; C Abuse of authority in connection with the administration of a public program or the execution of a public contract; D A violation of a federal, state, or local law, rule, or regulation, or of a term of a contract between the District government and a District government contractor which is not of a merely technical or minimal nature; or E A substantial and specic danger to the public health and safety.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 7 Public body means:
661
A The United States Congress, the Council, any state legislature, the District of Columbia Oce of the Inspector General, the Oce of the District of Columbia Auditor, the District of Columbia Financial Responsibility and Management Assistance Authority, or any member or employee of one of these bodies; B The federal, District of Columbia, or any state or local judiciary, any member or employee of these judicial branches, or any grand or petit jury; C Any federal, District of Columbia, state, or local regulatory, administrative, or public agency or authority or instrumentality of one of these agencies or authorities; D Any federal, District of Columbia, state, or local law enforcement agency, prosecutorial oce, or police or peace ocer; E Any federal, District of Columbia, state, or local department of an executive branch of government; or F Any division, board, bureau, oce, committee, commission or independent agency of any of the public bodies described in subparagraphs (A) through (E) of this paragraph. 8 Supervisor means an individual employed by the District government who meets the denition of a supervisor in 1-617.01(d) or who has the authority to eectively recommend or take remedial or corrective action for the violation of a law, rule, regulation or contract term, or the misuse of government resources that an employee may allege or report pursuant to this section, including without limitation an agency head, department director, or manager. 9 Whistleblower means an employee who makes or is perceived to have made a protected disclosure as that term is dened in this section.
662
CONTENTS
0.1.884
Prohibitions.
a A supervisor shall not take, or threaten to take, a prohibited personnel action or otherwise retaliate against an employee because of the employees protected disclosure or because of an employees refusal to comply with an illegal order. b Except in cases where the communication would be unlawful, a person shall not interfere with or deny the right of employees, individually or collectively, to furnish information to the Council, a Council committee, or a Councilmember.
0.1.885
Enforcement.
a (1) An employee aggrieved by a violation of 1-615.53 may bring a civil action against the District, and, in his or her personal capacity, any District employee, supervisor, or ocial having personal involvement in the prohibited personnel action, before a court or a jury in the Superior Court of the District of Columbia seeking relief and damages, including: A An injunction;
B Reinstatement to the same position held before the prohibited personnel action or to an equivalent position; C Reinstatement of the employees seniority rights; D Restoration of lost benets;
E Back pay and interest on back pay; F Compensatory damages; and G Reasonable costs and attorney fees. 2 A civil action shall be led within 3 years after a violation occurs or within one year after the employee rst becomes aware of the violation, whichever occurs rst.
663
3 Section 12-309 shall not apply to any civil action brought under this section. b In a civil action or administrative proceeding, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by 1-615.53 was a contributing factor in the alleged prohibited personnel action against an employee, the burden of proof shall be on the defendant to prove by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by this section. c Notwithstanding any other provision of law, a violation of 1-615.53 constitutes a complete armative defense for a whistleblower to a prohibited personnel action in an administrative review, challenge, or adjudication of that action. d An employee who prevails in a civil action at the trial level, shall be granted the equitable relief provided in the decision eective upon the date of the decision, absent a stay. e (1) If a protected disclosure assists in securing the right to recover, the actual recovery of, or the prevention of loss of more than $100,000 in public funds, the Mayor may pay a reward in any amount between $5,000 and $50,000 to the person who made the protected disclosure; provided, that any reward shall be recommended by the Inspector General, the District of Columbia Auditor, or other similar law enforcement authority. 2 This subsection shall not create any right or benet, substantive or procedural, enforceable at law or equity, by a party against any District government agency, instrumentality, ocer, employee, or other person.
0.1.886
Disciplinary actions; ne.
a As part of the relief ordered in an administrative, arbitration or judicial proceeding, any person who is found to have violated 1-615.53 or 2- 223.02 shall be subject to appropriate disciplinary action including dismissal. b As part of the relief ordered in a judicial proceeding, any person who is found to have violated 1-615.53 or 2-223.02 shall be subject to a civil ne not to exceed $10,000.
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0.1.887
Election of remedies.
a The institution of a civil action pursuant to 1-615.54 shall preclude an employee from pursuing any administrative remedy for the same cause of action from the Oce of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract. b An employee may bring a civil action pursuant to 1-615.54 if the aggrieved employee has had a nal determination on the same cause of action from the Oce of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract. c Except as provided in subsections (a) and (b) of this section, nothing in this subchapter shall diminish the rights and remedies of an employee pursuant to any other federal or District law.
0.1.888
Posting of notice.
The District shall conspicuously display notices of employee protections and obligations under this subchapter in each personnel oce and in other public places, and shall use all other appropriate means to keep all employees informed, including but not limited to the inclusion of annual notices of employee protections and obligations under this subchapter with employee tax reporting documents and in a letter provided to employees upon commencement of employment.
0.1.889
Employee responsibilities.
Employees shall have the following rights and responsibilities: 1 The right to freely express their opinions on all public issues, including those related to the duties they are assigned to perform; provided, however, that any agency may promulgate reasonable rules and regulations requiring that any such opinions be clearly disassociated from that agencys policy; 2 The right to disclose information unlawfully suppressed, information concerning illegal or unethical conduct which threatens or which is likely to threaten public health or safety or which involves the unlawful appropriation or use of public funds, and information which would tend to impeach the testimony of employees of the District government before committees
665
of the Council or the responses of employees to inquiries from members of the Council concerning the implementation of programs, information which would involve expenditure of public funds, and the protection of the constitutional rights of citizens and the rights of government employees under this chapter and under any other laws, rules, or regulations for the protection of the rights of employees; provided, however, that nothing in this section shall be construed to permit the disclosure of the contents of personnel les, personal medical reports, or any other information in a manner to invade the individual privacy of an employee or citizen of the United States except as otherwise provided in this chapter; 3 The right to communicate freely and openly with members of the Council and to respond fully and with candor to inquiries from committees of the Council, and from members of the Council; provided, however, that nothing in this section shall be construed to permit the invasion of the individual privacy of other employees or of citizens of the United States; 4 The right to assemble in public places for the free discussion of matters of interest to themselves and to the public and the right to notify, on their own time, fellow employees and the public of these meetings; 5 The right to humane, dignied, and reasonable conditions of employment, which allow for personal growth and self-fulllment, and for the unhindered discharge of job responsibilities; 6 The right to individual privacy; provided, however, that nothing in this section shall limit in any manner an employees access to his or her own personnel le, medical report le, or any other le or document concerning his or her status or performance within his or her agency, except as otherwise provided in subchapter XXXI; 7 Each employee of the District government shall make all protected disclosures concerning any violation of law, rule, or regulation, contract, misuse of government resources or other disclosure enumerated in 1- 615.52(a)(6), as soon as the employee becomes aware of the violation or misuse of resources; 8 Each supervisor employed by the District government shall make all protected disclosures involving any violation of law, rule, regulation or contract
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CONTENTS
pursuant to 1-615.52(a)(6)(D) as soon as the supervisor becomes aware of the violation; 9 The failure of a supervisor to make protected disclosures pursuant to 1615.52(a)(6)(D) shall be a basis for disciplinary action including dismissal; 10 Upon receipt of an adjudicative nding that a protected activity was a contributing factor in an alleged prohibited personnel action, the appropriate agency head shall immediately institute disciplinary action against the oending supervisor; and 11 Disciplinary action taken pursuant to this section shall follow the procedures of subchapter XVI-A, where applicable.
0.1.890
Salary restriction for interfering with Council whistleblowers.
District funds shall not be available for the payment of the salary of any ocer or employee of the District who: 1 Prohibits or prevents, or attempts or threatens to prohibit or prevent, any other ocer or employee of the District from having any direct oral or written communication or contact with any member, committee, or subcommittee of the Council in connection with any matter pertaining to the employment of the other ocer or employee or pertaining to the department or agency of the other ocer or employee in any way, irrespective of whether the communication or contact is at the initiative of the other ocer or employee or in response to the request or inquiry of the member, committee, or subcommittee, of the Council except where the communication or contact would be unlawful; or 2 Removes; suspends from duty without pay; demotes; reduces in rank, seniority, status, pay, or performance rating; denies promotion to; relocates; reassigns; transfers; disciplines; or discriminates in regard to any employment right, entitlement, or benet, or any term or condition of employment, of any other ocer or employee of the District, or attempts or threatens to commit any of the foregoing actions with respect to the other ocer or employee, by reason of any communication or contact of the other ocer or employee with any member, committee, or subcommittee of the Council as described in paragraph (1) of this section.
667
0.1.891
Applicability.
This subchapter shall apply to actions taken after July 13, 1998.
0.1.892 0.1.893 0.1.894 0.1.895
Adverse actions. [Repealed] Grievances. [Repealed] Procedures and appeals. [Repealed] Policy.
The District of Columbia government nds that a radical redesign of the adverse and corrective action system by replacing it with more positive approaches toward employee discipline is critical to achieving organizational eectiveness. To that end, the Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall issue rules and regulations to establish a disciplinary system that includes: 1 A provision that disciplinary actions may only be taken for cause; 2 A denition of the causes for which a disciplinary action may be taken; 3 Prior written notice of the grounds on which the action is proposed to be taken; 4 Except as provided in paragraph (5) of this section, a written opportunity to be heard before the action becomes eective, unless the agency head nds that taking action prior to the exercise of such opportunity is necessary to protect the integrity of government operations, in which case an opportunity to be heard shall be aorded within a reasonable time after the action becomes eective; and 5 An opportunity to be heard within a reasonable time after the action becomes eective when the agency head nds that taking action is necessary because the employees conduct threatens the integrity of government operations; constitutes an immediate hazard to the agency, to other District employees, or to the employee; or is detrimental to the public health, safety or welfare.
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CONTENTS
0.1.896
Disciplinary grievances and appeals.
a An ocial reprimand or a suspension of less than 10 days may be contested as a grievance pursuant to 1-616.53 except that the grievance must be led within 10 days of receipt of the nal decision on the reprimand or suspension.
b An appeal from a removal, a reduction in grade, or suspension of 10 days or more may be made to the Oce of Employee Appeals. When, upon appeal, the action or decision by an agency is found to be unwarranted by the Oce of Employee Appeals, the corrective or remedial action directed by the Oce of Employee Appeals shall be taken in accordance with the provisions of subchapter VI of this chapter within 30 days of the OEA decision.
c A grievance pursuant to subsection (a) of this section or an appeal pursuant to subsection (b) of this section shall not serve to delay the eective date of a decision by the agency.
d Any system of grievance resolution or review of adverse actions negotiated between the District and a labor organization shall take precedence over the procedures of this subchapter for employees in a bargaining unit represented by a labor organization. If an employee does not pay dues or a service fee to the labor organization, he or she shall pay all reasonable costs to the labor organization incurred in representing such employee.
e Matters covered under this subchapter that also fall within the coverage of a negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either pursuant to 1-606.03, or the negotiated grievance procedure, but not both.
f An employee shall be deemed to have exercised their option pursuant to subsection (e) of this section to raise a matter either under the applicable statutory procedures or under the negotiated grievance procedure at such time as the employee timely les an appeal under this section or timely les a grievance in writing in accordance with the provision of the negotiated grievance procedure applicable to the parties, whichever event occurs rst.
669
0.1.897
Grievances.
a The Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall issue rules and regulations providing procedures for the prompt handling of grievances of employees and applicants for employment. The grievance system shall be made known to all employees and shall provide for an alternative dispute resolution mechanism. The grievance system shall provide for the expeditious adjustment of grievances and complaints. b Except when an employee is grieving a disciplinary action pursuant to 1-616.52, no employee or applicant shall present a grievance pursuant to this section more than 45 days, not including Saturdays, Sundays, or legal holidays, after the date that the employee knew or should have known of the act or occurrence that is the subject of the grievance.
0.1.898
Administrative leave; enforced leave.
a Notwithstanding any other provision of this subchapter, a personnel authority may authorize the placing of an employee on annual leave or leave without pay, as provided in this section, if: 1 A determination has been made that the employee utilized fraud in securing his or her appointment or that he or she falsied ocial records; 2 The employee has been indicted on, arrested for, or convicted of a felony charge (including conviction following a plea of nolo contendere); or 3 The employee has been indicted on, arrested for, or convicted of any crime (including conviction following a plea of nolo contendere) that bears a relationship to his or her position; except that no such relationship need be established between the crime and the employees position in the case of uniformed members of the Metropolitan Police Department or correctional ocers in the D.C. Department of Corrections. b Prior to placing an employee on enforced leave pursuant to this section, an employee shall initially be placed on administrative leave for a period of 5 work days, followed by enforced annual leave or, if no annual leave is available, leave without pay. The employee shall remain in this status until
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CONTENTS
such time as an action in accordance with regulations issued pursuant to 1616.51, taken as a result of the event that caused this administrative action, is eected or a determination is made that no such action in accordance with regulations issued pursuant to 1-616.51 will be taken. c An employee to be placed on enforced leave shall be provided with a written notice proposing that action during the 5-day period of administrative leave. To ensure receipt within the 5-day period, the initial delivery of notice may be accomplished either in person or by reading the notice to the employee over the telephone prior to actual delivery of the written notice. d A written notice issued pursuant to this section shall inform the employee of the following: 1 The reasons for the proposed enforced leave; 2 The beginning and ending dates of administrative leave; 3 The beginning date of the proposed enforced leave; 4 His or her right to respond, orally or in writing, or both, to the notice; and 5 His or her right to be represented by an attorney or other representative. e Within the 5-day administrative leave period, the employees explanation, if any, and statements of any witnesses shall be considered and a written decision shall be issued by the personnel authority. f If a determination is made to place the employee on annual leave or leave without pay, the decision letter shall inform him or her of the placement on enforced leave, the date the leave is to commence, his or her right to grieve the action within 10 days of receipt of the written decision letter, and if the enforced leave lasts 10 or more days, his or her right to le an appeal with the Oce of Employee Appeals within 30 days of the eective date of the appealed agency action.
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g If the basis for placing an employee on enforced leave pursuant to this section does not result in the taking of a disciplinary action pursuant to 1616.52 (or, in the case of an incumbent of a statutory position, the employee is not disciplined or removed in accordance with the provisions of the statute establishing the position), any annual leave or pay lost as a result of this administrative action shall be restored retroactively.
0.1.899
Policy.
a The District of Columbia government nds and declares that an eective collective bargaining process is in the general public interest and will improve the morale of public employees and the quality of service to the public. b Each employee of the District government has the right, freely and without fear of penalty or reprisal: 1 To form, join, and assist a labor organization or to refrain from this activity; 2 To engage in collective bargaining concerning terms and conditions of employment, as may be appropriate under this law and rules and regulations, through a duly designated majority representative; and 3 To be protected in the exercise of these rights. c The Mayor or appropriate personnel authority, including his or her or its duly designated representative(s), shall meet at reasonable times with exclusive representative(s) of bargaining unit employees to bargain collectively in good faith. d Subsection (b) of this section does not authorize participation in the management of a labor organization or activity as a representative of such an organization by a supervisor, or management ocial or by an employee when the participation or activity would result in a conict of interest or otherwise be incompatible with law or with the ocial duties of the employee. Supervisor means an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay o, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or eectively
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to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The denition of supervisor shall include an incumbent of a position which is classied at a level higher than it would have been had the incumbent not performed some or all of the above duties.
0.1.900
Labor-management relations program established; contents; impasse resolution.
a The Public Employee Relations Board (hereinafter in this subchapter referred to as the Board) shall issue rules and regulations establishing a labor-management relations program to implement the policy set forth in this subchapter. b The labor-management relations program shall include:
1 A system for the orderly resolution of questions concerning the recognition of majority representatives of employees; 2 The resolution of unfair labor practice allegations; 3 The protection of employee rights as set forth in 1-617.06; 4 The right of employees to participate through their duly-designated exclusive representative in collective bargaining concerning terms and conditions of employment as may be appropriate under this chapter and rules and regulations issued pursuant thereto; 5 The scope of bargaining; 6 The resolution of negotiation impasses concerning matters appropriate for collective bargaining; and 7 Any other matters which aect employee-employer relations. c Impasse resolution machinery may include, but need not be limited to, the following: 1 Mediation;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 2 Fact-nding; 3 Advisory arbitration; 4 Request for injunction; 5 Binding arbitration; 6 Final best oer binding arbitration; and
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7 Final best oer binding arbitration item by item on noncompensation matters. d If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, further negotiation appears to be unproductive to the Board, an impasse shall be deemed to have occurred. Where deemed appropriate, impasse resolution procedures may be conducted by the Board, its sta or third parties chosen either by the Board or by the mutual concurrence of the parties to the dispute. Impasse resolution machinery may be invoked by either party or on application of the Board. The choice of the form(s) of impasse resolution machinery to be utilized in a particular instance shall be the prerogative of the Board, after appropriate consultation with the interested parties. In considering the appropriate award for each impasse item to be resolved, any third party shall consider at least the following criteria: 1 Existing laws and rules and regulations which bear on the item in dispute; 2 Ability of the District to comply with the terms of the award; 3 The need to protect and maintain the public health, safety and welfare; and 4 The need to maintain personnel policies that are fair, reasonable, and consistent with the objectives of this chapter.
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0.1.901
Standards of conduct for labor organizations.
a Recognition shall be accorded only to a labor organization that is free from corrupt inuences and inuences opposed to basic democratic principles. A labor organization must certify to the Board that its operations mandate the following: 1 The maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions dening and securing the right of individual members to participate in the aairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings; 2 The exclusion from oce in the organization of any person identied with corrupt inuences; 3 The prohibition of business or nancial interests on the part of organization ocers and agents which conict with their duty to the organization and its members; 4 Fair elections; and 5 The maintenance of scal integrity in the conduct of the aairs of the organization, including provision for accounting and nancial controls and regular nancial reports or summaries to be made available to members. b The Board may accept any of the following as evidence that a labor organizations operations meet the requirements of subsection (a) of this section: 1 A statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice; 2 A copy of the labor organizations constitution and bylaws which contain explicit provisions covering these standards;
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3 A copy of rules and regulations of the organization which have been ocially adopted by the membership, which contain explicit provisions covering these standards; or 4 An ocial certication in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this section. c The Board shall prescribe the rules and regulations needed to eect this section. Any complaint of a violation of this section shall be led with the Board.
0.1.902
a
Unfair labor practices.
The District, its agents, and representatives are prohibited from:
1 Interfering with, restraining, or coercing any employee in the exercise of the rights guaranteed by this subchapter; 2 Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing nancial or other support to it, except that the District may permit employees to negotiate or confer with it during working hours without loss of time or pay; 3 Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, except as otherwise provided in this chapter; 4 Discharging or otherwise taking reprisal against an employee because he or she has signed or led an adavit, petition, or complaint or given any information or testimony under this subchapter; or 5 Refusing to bargain collectively in good faith with the exclusive representative. b Employees, labor organizations, their agents, or representatives are prohibited from:
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CONTENTS
1 Interfering with, restraining, or coercing any employees or the District in the exercise of rights guaranteed by this subchapter; 2 Causing or attempting to cause the District to discriminate against an employee in violation of 1-617.06; 3 Refusing to bargain collectively in good faith with the District if it has been designated in accordance with this chapter as the exclusive representative of employees in an appropriate unit; 4 Engaging in a strike, or any other form of unauthorized work stoppage or slowdown, or in the case of a labor organization, its agents, or representatives condoning any such activity by failing to take armative action to prevent or stop it; and 5 Engaging in a strike or refusal to handle goods or perform services, or threatening, coercing or restraining any person with the object of forcing or requiring any person to cease, delay, or stop doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not recognized pursuant to the procedures set forth in 1-617.06.
0.1.903
Strikes prohibited.
It shall be unlawful for any District government employee or labor organization to participate in, authorize, or ratify a strike against the District.
0.1.904
a
Employee rights.
All employees shall have the right:
1 To organize a labor organization free from interference, restraint, or coercion; 2 To form, join, or assist any labor organization or to refrain from such activity; 3 To bargain collectively through representatives of their own choosing as provided in this subchapter; and
677
4 To refrain from any or all such activities under paragraphs (1), (2), and (3) of this subsection, except to the extent that such right may be aected by an agreement requiring membership in a labor organization as a condition of employment as authorized in 1-617.11. b Notwithstanding any other provision in this chapter, an individual employee may present a grievance at any time to his or her employer without the intervention of a labor organization: Provided, however, that the exclusive representative is aorded an eective opportunity to be present and to oer its view at any meetings held to adjust the complaint. Any employee or employees who utilize this avenue of presenting personal complaints to the employer may not do so under the name, or by representation, of a labor organization. Adjustments of grievances must be consistent with the terms of the applicable collective bargaining agreement. Where the employee is not represented by the union with exclusive recognition for the unit, no adjustment of a grievance shall be considered as a precedent or as relevant either to the interpretation of the collective bargaining agreement or to the adjustment of other grievances.
0.1.905
Union security; dues deduction.
Any labor organization which has been certied as the exclusive representative shall, upon request, have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues. Such authorization, costs, and termination shall be proper subjects of collective bargaining. Service fees may be deducted from an employees salary by the employer if such a provision is contained in the bargaining agreement.
0.1.906
Post-employment benets.
An annuitant may elect to convert group life insurance benets authorized in 1-622.03 to an individual policy upon separation from service.
0.1.907 0.1.908
District of Columbia Employees Retirement Program Management. Findings; purpose.
a The Congress nds that the retirement benets authorized by various acts of Congress for the police ocers, re ghters, teachers, and judges of
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CONTENTS
the District of Columbia have not been nanced on an actuarially sound basis. Neither federal payments to the District nor District of Columbia appropriations have taken into account the long-term nancial requirements of the Districts 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 ocers and re ghters, is predicted to exceed the cost of salaries for active police ocers and re ghters by the year 2000. b It is the purpose of this chapter:
1 To establish separate retirement Funds for police ocers and re ghters, 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 nancing for the benets to which the Districts retired police ocers, re ghters, 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 nance, in part, the liabilities for retirement benets incurred by the District of Columbia prior to the establishment of self-government under the District of Columbia Home Rule Act.
0.1.909
Application of procedure.
a The procedure established by this subchapter shall apply to any participant or beneciary who has a claim for benets denied under the District of Columbia Police Ocers and Fire Fighters Retirement Fund, established by 1-712; the District of Columbia Teachers Retirement Fund, established by 1-713; and the District of Columbia Judges Retirement Fund, established by 1-714.
679
b The procedure established by this subchapter shall apply to claims for benets denied after March 1, 1982.
0.1.910
Procedure enumerated.
a Purpose. This section sets forth the procedures for the denial of a claim for retirement benets under the chapter. b Filing of claim for benets. For the purposes of this section, a claim is a request for a benet by a participant or beneciary of any of the Funds. A claim is led when the procedure established by the Board for the initiation of claims has been met. Until such procedure has been established, a claim shall be deemed led when a written communication is made by a claimant (or the claimants authorized representative) which is reasonably calculated to bring the claim to the attention of the Board and the written communication is received by the Board. c Written notice of denial. (1) The Board shall provide to every claimant whose claim for benets is wholly or partially denied a written notice setting forth in a manner calculated to be understood by the claimant: A The specic reason or reasons for the denial;
B Specic reference to pertinent provisions of applicable law, regulations, or Fund procedures on which the denial is based; C A description of any material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and D Appropriate information as to the steps to be taken if the participant or beneciary wishes to submit his or her claim for review. 2 If the claim is wholly or partially denied, written notice of the decision, meeting the requirements of paragraph (1) of this subsection, shall be furnished to the claimant within a reasonable time after receipt of the claim by the Board.
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CONTENTS
3 If written notice of the denial of a claim is not furnished in accordance with paragraph (2) of this subsection within a reasonable time, the claimant shall be deemed to have exhausted his or her administrative remedies for the purpose of instituting proceedings for relief in the Superior Court for the District of Columbia, unless the claimant chooses to avail himself or herself of the procedures set forth in subsection (d) of this section. 4 For the purposes of paragraphs (2) and (3) of this subsection, a reasonable period of time shall be no more than 90 calendar days after receipt of the claim by the Board, unless special circumstances require an extension of time for processing the claim. If such an extension of time for processing is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-calendar-day period. In no event shall such extension exceed a period of 90 calendar days from the end of such initial period. The written notice of extension shall indicate the special circumstances requiring an extension of time and the date by which the Board expects to render the nal decision. d Review. (1) The Board shall establish and maintain a procedure for each Fund, by which a claimant or his or her duly authorized representative has reasonable opportunity to appeal a denied claim to the Board, and under which full and fair review of the claim and its denial may be obtained. Every such procedure shall include, but not be limited to, provisions that permit a claimant or his or her duly authorized representative to: A Request a review upon written application to the Board;
B Review pertinent documents; and C Submit issues and comments in writing. 2 Such procedures may establish a limited period within which a claimant must le any request for review of a denial claim. Such time limits must be reasonable and related to the nature of the benet which is the subject of the claim and to other attendant circumstances. In no event may such a period expire less than 60 calendar days after receipt by the claimant or written notication of the denial of a claim.
681
3 A decision by the Board or his or her designees shall be made no later than 90 calendar days after the Boards receipt of a request for review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 calendar days after receipt of a request for review. If such an extension of time for review is required because of special circumstances, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. 4 The decision on review shall be in writing and shall be written in a manner calculated to be understood by the claimant. The written decision shall include specic reasons for the decision and shall cite specic references to the pertinent provisions of applicable law, regulation, or Fund procedures on which the decision is based. 5 The decision on review shall be furnished to the claimant within the appropriate time prescribed in paragraph (3) of this subsection. If the decision on review is not furnished within such time, the claim shall be deemed denied on review. e Reasonableness. For purposes of this subchapter, a procedure will be deemed to be reasonable only if it does not contain any provision, and is not administered in a way, which unduly inhibits or hampers the initiation or processing of a claim for benets.
0.1.911
Claims procedure.
In accordance with regulations issued by the Board, the Board shall provide to any participant or beneciary who has a claim for benets under a retirement program denied: 1 Adequate written notice of such denial, setting forth the specic reasons for such denial in a manner calculated to be understood by such participant or beneciary; and 2 A reasonable opportunity for a full and fair review of the decision denying such claim.
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0.1.912
a
Civil enforcement.
A civil action may be brought:
1 By a participant or beneciary: A For the relief provided for in subsection (b) of this section; or
B To recover benets due to him under the terms of his retirement program, to enforce his rights under the terms of the retirement program, or to clarify his rights to future benets under the terms of the retirement program; 2 By a participant or beneciary, the District of Columbia, or the Board for appropriate relief under 1-742; or 3 By a participant or beneciary, the District of Columbia, and the Board: A To enjoin any act or practice which violates any provision of this chapter or the terms of a retirement program; or B To obtain other appropriate equitable relief: i To redress any such violation; or
ii To enforce any provision of this chapter or the terms of a retirement program. b If the Board fails or refuses to comply with a request for any information which the Board is required by this chapter to furnish to a participant or beneciary (unless such failure or refusal results from matters reasonably beyond the control of the Board) by mailing the information requested to the last known address of the requesting participant or beneciary within 30 days after such request, then the Board may, in the courts discretion, be liable to such participant or beneciary in an amount of up to $100 a day from the date of such failure or refusal, and the court may order the Board to provide the required information and may in its discretion order such other relief as it considers proper.
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c The Board may sue and be sued under this chapter as an entity. Service of summons, subpoena, or other legal process of a court upon the Chairman of the Board in his capacity as such shall constitute service upon the Board. d In any action under this chapter by a participant, beneciary, duciary, or the Board, the court in its discretion may allow a reasonable attorneys fee and costs of action to either party.
0.1.913
Limitation on actions.
No action may be commenced under this chapter with respect to a duciarys breach of any responsibility, duty, or obligation under this subchapter, or with respect to a violation of this subchapter, after the earlier of: (1) Six years after: (A) The date of the last action which constituted a part of the breach or violation; or (B) in the case of an omission, the latest date on which the duciary could have cured the breach or violation; or (2) three years after the earliest date: (A) On which the plainti had actual knowledge of the breach or violation; or (B) on which a report from which he could reasonably be expected to have obtained knowledge of such breach or violation was led with the Mayor or the Council under this chapter; except that in the case of fraud or concealment, such an action may be commenced not later than 6 years after the date of discovery of such breach or violation.
0.1.914
Bonding.
a (1)(A) Each duciary of a Fund established by this chapter and each person who handles funds or other property of such a Fund (hereinafter in this section referred to as Fund ocial) shall be bonded as provided in this section, except that no bond shall be required of a duciary (or of any director, ocer, or employee of such duciary) if such duciary: i Is a corporation organized and doing business under the laws of the United States or of any state; ii Is authorized under such laws to exercise trust powers or to conduct an insurance business; iii Is subject to supervision or examination by federal or state authority; and
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CONTENTS
iv Has at all times a combined capital and surplus in excess of such a minimum amount as may be established by regulations issued by the Council, which amount shall be at least $1,000,000. B Sub-subparagraph (iv) of subparagraph (A) of this paragraph shall apply to a bank or other nancial institution which is authorized to exercise trust powers and the deposits of which are not insured by the Federal Deposit Insurance Corporation only if such bank or institution meets bonding or similar requirements under state law which the Council determines are at least equivalent to those imposed on banks by federal law. 2 (A) The amount of such bond shall be the lesser of 10 percent of the amount of the funds handled by such duciary and $500,000, except that the amount of such bond shall be at least $1,000. B The Mayor, after notice and opportunity for hearing to such duciary and all other parties in interest to such Fund, may waive the $500,000 limit. C The amount of such bond shall be set at the beginning of each scal year. 3 For purposes of xing the amount of such bond, the amount of funds handled shall be determined by the funds handled by the person, group, or class to be covered by such bond and by the predecessor or predecessors, if any, during the preceding reporting year, or if the Fund has no preceding reporting year under this chapter, the amount of funds to be handled during the current reporting year by such person, group, or class, estimated as provided in regulations to be prescribed by the Council. 4 Such bond shall provide protection to the Fund against loss by reason of acts of fraud or dishonesty on the part of the Fund ocial, directly or through connivance with others. 5 Any bond shall have as surety thereon a corporate surety company which is an acceptable surety on federal bonds under authority granted by the Secretary of the Treasury pursuant to 6 through 13 of Title 6, United States Code. Any bond shall be in a form or of a type approved by the Council, including individual bonds or schedule or blanket forms of bonds which cover a group or class.
685
b It shall be unlawful for any Fund ocial to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of any Fund without being bonded as required by subsection (a) of this section, and it shall be unlawful for any Fund ocial or any other person having authority to direct the performance of such functions to permit such functions, or any of them, to be performed by any Fund ocial with respect to whom the requirements of subsection (a) of this section have not been met. c It shall be unlawful for any person to procure any bond required by subsection (a) of this section from any surety or other company or through any agent or broker in whose business operations the Fund or any party in interest in the Fund has any control or signicant nancial interest, direct or indirect. d Nothing in any other provision of law shall require any person required to be bonded as provided in subsection (a) of this section because he handles funds or other property of a Fund to be bonded insofar as the handling by such person of the funds or other property of such Fund is concerned. e The Council shall prescribe such regulations as may be necessary to carry out the provisions of this section.
0.1.915
Prohibition against certain persons holding certain positions.
a No person who has been convicted of, or has been imprisoned as a result of his conviction of, robbery, bribery, extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony violation of federal or state law involving substances dened in 102(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802(6)), murder, rape, kidnapping, perjury, assault with intent to kill, any crime described in 9(a)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-9(a)(1)), a violation of any provision of this chapter, a violation of 302 of the Labor-Management Relations Act, 1947 (29 U.S.C. 186), a violation of Chapter 63 of Title 18, United States Code, a violation of 874, 1027, 1503, 1505, 1506, 1510, 1951, or 1954 of Title 18, United States Code, a violation of the LaborManagement Reporting and Disclosure Act of 1959 (29 U.S.C. 401), or conspiracy to commit any such crime or attempt to commit any such crime, or a crime in which any of the foregoing crimes is an element, shall serve
686
CONTENTS
or be permitted to serve: (1) As a duciary, investment counsel, agent, or employee of any Fund established by this chapter; or (2) as a consultant to any Fund established by this chapter; during or for 5 years after such conviction or after the end of such imprisonment, whichever is the later, unless prior to the end of such 5-year period, in the case of a person so convicted or imprisoned, his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or the Board of Parole of the United States Department of Justice determines that such persons service in any capacity referred to in clause (1) or (2) of this subsection would not be contrary to the purposes of this chapter. Prior to making any such determination the Board of Parole shall hold an administrative hearing and shall give notice of such proceeding by certied mail to the state, county, and federal prosecuting ocials in the jurisdiction or jurisdictions in which such person was convicted. The Board of Paroles determination in any such proceeding shall be nal. No person shall knowingly permit any other person to serve in any capacity referred to in clause (1) or (2) of this subsection in violation of this subsection. Notwithstanding the preceding provisions of this subsection, no corporation or partnership will be precluded from acting as an administrator, duciary, ocer, trustee, custodian, counsel, agent, or employee, of any Fund established by this chapter, or as a consultant to any Fund established by this chapter, without a notice, hearing, and determination by such Board of Parole that such service would be inconsistent with the intention of this section.
b Whoever willfully violates this section shall be ned not more than $10,000, or imprisoned for not more than 1 year, or both.
For the purposes of this section:
1 A person shall be deemed to have been convicted and to be under the disability of conviction from the date of entry of the judgment of the trial court or the date of the nal sustaining of such judgment on appeal, whichever is the later event.
2 The term consultant means any person who, for compensation, advises or represents a Fund or who provides other assistance to such Fund concerning the operation of such Fund.
687
3 A period of parole shall not be considered as part of a period of imprisonment.
0.1.916
Exculpatory provisions; insurance.
a Any provision in an agreement or instrument which purports to relieve a duciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void as against public policy. b Nothing in this section shall preclude:
1 The Board from purchasing insurance for its duciaries or for itself to cover liability or losses occurring by reason of the act or omission of a duciary, if such insurance permits recourse by the insurer against the duciary in the case of a breach of a duciary obligation by such duciary; 2 A duciary from purchasing insurance to cover liability under this subchapter from and for his own account; or 3 An employee organization from purchasing insurance to cover potential liability of one or more persons who serve in a duciary capacity with regard to the Fund from which the annuities and other retirement and disability benets of the members of such employee organization are paid.
0.1.917
Liability for breach of duciary duty.
a Any person who is a duciary with respect to a Fund who breaches any of the responsibilities, obligations, or duties imposed upon duciaries by this chapter shall be personally liable to make good to such Fund any losses to the Fund resulting from each such breach and to restore to such Fund any prots of such duciary which have been made through the use of assets of the Fund by the duciary and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such duciary. b No duciary shall be liable with respect to a breach of duciary duty under this chapter if such breach was committed before he became a duciary or after he ceased to be a duciary.
688
CONTENTS
0.1.918
Fiduciary responsibilities.
a (1) The Board, each member of the Board, and each person dened in 1- 702(20) shall discharge responsibilities with respect to a Fund as a duciary with respect to the Fund. The Board may designate one or more other persons who exercise responsibilities with respect to a Fund to exercise such responsibilities as a duciary with respect to such Fund. The Board shall retain such duciary responsibility for the exercise of careful, skillful, prudent, and diligent oversight of any person so designated as would be exercised by a prudent individual acting in a like capacity and familiar with such matters under like circumstances. 2 A duciary shall discharge his duties with respect to a Fund solely in the interest of the participants and beneciaries and: A For the exclusive purpose of providing benets to participants and their beneciaries; B With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; C By diversifying the investments of the Fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and D In accordance with the provisions of law, documents, and instruments governing the retirement program to the extent that such documents and instruments are consistent with the provisions of this chapter. b In addition to any liability which he may have under any other provision of this subchapter, a duciary with respect to a Fund shall be liable for a breach of duciary responsibility of another duciary with respect to the same Fund: 1 If he knowingly participates in, or knowingly undertakes to conceal, an act or omission of such other duciary, knowing such act or omission is a breach of duciary responsibility;
689
2 If, by his failure to comply with subsection (a)(2) of this section in the administration of his specic responsibilities which give rise to his status as a duciary, he has enabled such other duciary to commit a breach of duciary responsibility; or 3 If he has knowledge of a breach of duciary responsibility by such other duciary, unless he makes reasonable eorts under the circumstances to remedy the breach. c Except as provided in subsections (f), (g), and (h) of this section, a duciary with respect to a Fund shall not cause the Fund to engage in a transaction, if he knows or should know that such transaction constitutes a direct or indirect: 1 Sale or exchange, or leasing, of any property between the Fund and a party in interest; 2 Lending of money or other extension of credit between the Fund and a party in interest; 3 Furnishing of goods, services, or facilities between the Fund and a party in interest; or 4 Transfer to, or use by or for the benet of, a party in interest, of any assets of the Fund. d Except as provided in subsection (h) of this section, a duciary with respect to a Fund shall not: 1 Deal with the assets of the Fund in his own interest or for his own account; 2 In his individual or in any other capacity act in any transaction involving the Fund on behalf of a party (or represent a party) whose interests are adverse to the interests of the Fund or the interests of its participants or beneciaries; or
690
CONTENTS
3 Receive any consideration for his own personal account from any party dealing with such Fund in connection with a transaction involving the assets of the Fund. e A transfer of real or personal property by a party in interest to a Fund shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien which the Fund assumes or if it is subject to a mortgage or similar lien which a party in interest placed on the property within the 10year period ending on the date of the transfer. f The prohibitions provided in subsection (c) of this section shall not apply to any of the following transactions: 1 Contracting or making reasonable arrangements with a party in interest for oce space, or legal, accounting, or other services necessary for the establishment or operation of the Fund, if no more than reasonable compensation is paid therefor; 2 The investment of all or part of a Funds assets in deposits which bear a reasonable interest rate in a bank or similar nancial institution supervised by the United States or a state, if such bank or other institution is a duciary of such Fund and if such investment is expressly authorized by regulations of the Board or by a duciary (other than such bank or institution or aliate thereof) who is expressly empowered by the Board to make such investment; 3 The providing of any ancillary service by a bank or similar nancial institution supervised by the United States or a state if such bank or other institution is a duciary of such Fund and if: A Such bank or similar nancial institution has adopted adequate internal safeguards which assure that the providing of such ancillary service is consistent with sound banking and nancial practice, as determined by federal or state supervisory authority; and B The extent to which such ancillary service is provided is subject to specic guidelines issued by such bank or similar nancial institution (as determined by the Mayor after consultation with federal and state supervisory authority), and adherence to such guidelines would reasonably preclude such bank or similar nancial institution from providing such ancillary service (i)
691
in an excessive or unreasonable manner, and (ii) in a manner that would be inconsistent with the best interests of participants and beneciaries of the retirement program. Such ancillary services shall not be provided at more than reasonable compensation; 4 The exercise of a privilege to convert securities, to the extent provided in regulations of the Council, but only if the Fund receives no less than adequate consideration pursuant to such conversion; or 5 Any transaction between a Fund and a common or collective trust fund or pooled investment fund maintained by a party in interest which is a bank or trust company supervised by a state or federal agency, or a pooled investment fund of an insurance company qualied to do business in a state, if: A The transaction is a sale or purchase of an interest in the fund;
B The bank, trust company, or insurance company receives not more than reasonable compensation; and C Such transaction is expressly permitted by the Board, or by a duciary (other than the bank, trust company, insurance company, or an aliate thereof) who has authority to manage and control the assets of the Fund. g Nothing in subsection (c) of this section shall be construed to prohibit any duciary from: 1 Receiving any benet to which he may be entitled as a participant or beneciary in the retirement program, so long as the benet is computed and paid on a basis which is consistent with the terms of the retirement program as applied to all other participants and beneciaries; 2 Receiving any reasonable compensation for services rendered, or for the reimbursement of expenses properly and actually incurred, in the performance of his duties with respect to the Fund; or 3 Serving as a duciary in addition to being an ocer, employee, agent, or other representative of a party in interest.
692
CONTENTS
h The Board may from time to time avail itself to exemptive relief from all or part of the restrictions imposed by subsections (c) and (d) of this section for administrative exemptions which have been previously granted by the United States Department of Labor. Prior to utilizing exempted transactions, the Board shall hold a public hearing on the proposed exemption. Notice of the time, place, and subject matter of the public hearing shall be published in the D.C. Register at least 15 days in advance of its scheduled date in order to aord interested persons an opportunity to present their views. The proposed exemption shall be published in the D.C. Register and submitted to the Council along with a synopsis of the results of the public hearing, and written ndings by the Board that the exemptions are: 1 Administratively feasible; 2 In the best interests of the funds and of their participants and beneciaries; and 3 Protective of the rights of participants and beneciaries of these funds. h-1 Unless the Council disapproves the proposed exemption submitted under subsection (h) of this section by resolution within 30 days of receipt by the Council, the exemption shall be deemed approved. If a resolution of disapproval has been introduced by at least one member of the Council within the 5-day period (excluding Saturdays, Sundays, and holidays) following its receipt, the period of Council review shall be extended by an additional 15 days (excluding Saturdays, Sundays, and holidays) from the date of its receipt. If the resolution of disapproval has not been approved within the 15day extended period, the proposed exemption shall be deemed approved. i For purposes of subsections (c) and (d) of this section, the assets of a Fund shall not include assets in a pooled separate account of an insurance company qualied to do business in a state or assets in a collective investment fund of a bank or similar nancial institution supervised by the United States or any state, provided that: 1 The interest of all Funds in the separate account or collective investment fund does not exceed 5
693
2 At the time a transaction that would otherwise be prohibited by subsection (c) or (d) of this section is entered into, and at the time of any subsequent renewal which requires the approval of the bank or insurance company, the terms of the transaction are not less favorable to the pooled separate account or collective investment fund than the terms generally available in an arms length transaction between unrelated parties.
0.1.919
Criminal penalties.
Whoever willfully violates any provision of this subchapter (other than 1735 and 1-738), or any regulation or order issued under any such provision, shall be ned not more than $5,000, or imprisoned not more than 1 year, or both, except that in the case of such a violation by a person not an individual, such person shall be ned not more than $100,000.
0.1.920
Additional information.
a In addition to the information specically required to be furnished by this subchapter, the Board shall furnish promptly such additional information as the Mayor, the Council, the Speaker, or the President pro tempore may request. b The Board shall, at regular intervals to be determined by the Board, compile and publish all regulations then in eect which were issued by the Board or the Council under this chapter.
0.1.921
Retention of records.
The Board shall maintain records on the matters required to be disclosed by this chapter which will provide in sucient detail the necessary basic information and data from which the required documents may be veried, explained, or claried, and checked for accuracy and completeness, shall include vouchers, worksheets, receipts, and applicable resolutions in such records, and shall keep such records available for examination for a period of not less than 6 years after the ling date of the documents based on the information which they contain. Except to the extent that information is involved which is protected from public disclosure under 1-736(b), all such records shall be available for inspection by the public.
694
CONTENTS
0.1.922
Public information.
a Except as provided in subsection (b) of this section, the contents of the descriptions, annual reports, statements, and other documents led with the Mayor, the Council, the Speaker, and the President pro tempore pursuant to this subchapter shall be public information, and the Mayor, the Council, the Speaker, and the President pro tempore shall each make such documents available for inspection in an appropriate location. The Mayor, the Council, the Speaker, and the President pro tempore may use the information and data in such documents for statistical and research purposes and may compile and publish such studies, analyses, reports, and surveys based thereon as may be considered appropriate. b Information described in 1-735(a) with respect to a participant or beneciary of a retirement program may be disclosed only to the extent that information respecting that participants or beneciarys benets under Title II of the Social Security Act may be disclosed under such Act. c Except to the extent that information which is protected from public disclosure under subsection (b) of this section, or which relates to personnel matters the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, is involved, all meetings of the Board shall be open to the public.
0.1.923
Reporting of participants benet rights.
a The Board shall furnish to any participant or beneciary who so requests in writing a statement indicating, on the basis of the latest available information: 1 The total benets accrued; and 2 The nonforfeitable retirement benets, if any, which have accrued, or the earliest date on which benets will become nonforfeitable. b A participant or beneciary is not entitled to receive more than 1 report under subsection (a) of this section during any 12-month period.
695
0.1.924
Compliance by Mayor.
The Mayor of the District of Columbia shall comply with the requirements of these regulations and shall give written notice of compliance therewith to the Council of the District of Columbia within 60 calendar days after July 2, 1982.
0.1.925
Retirement program summary description.
a (1) A summary description of each retirement program to which this chapter applies shall be furnished to participants and beneciaries as provided in 1-734(b). The summary description shall include the information specied in subsection (b) of this section, shall be written in a manner calculated to be understood by the average participant or beneciary, and shall be suciently accurate and comprehensive to reasonably apprise such participants and beneciaries of their rights and obligations under the retirement program. 2 A summary of any material modication in the terms of the retirement program and any change in the information required under subsection (b) of this section, written in a manner calculated to be understood by the average participant or beneciary, shall be furnished in accordance with 1734(b)(1). b Each summary description of a retirement program shall contain the following information: 1 The name and type of administration of the retirement program; 2 The name and address of the Chairman of the Board, who shall be the agent of the Board for the service of legal process; 3 The name, title, and address of each member of the Board; 4 A description of the relevant provisions of applicable collective-bargaining agreements; 5 The retirement programs requirements respecting eligibility for participation and benets;
696
CONTENTS
6 A description of the provisions providing for nonforfeitable pension benets; 7 Circumstances which may result in disqualication, ineligibility, or denial or loss of benets; 8 The identity of any organization through which benets are provided; 9 The procedures to be followed in presenting claims for benets under the retirement program; and 10 The remedies available under the retirement program for the redress of claims that are denied in whole or in part.
0.1.926
Annual report.
a (1)(A) The Board shall publish an annual report for each scal year (beginning with scal year 1980) with respect to each retirement program to which this chapter applies and with respect to the Fund for such retirement program. Such report shall be led with the Mayor, the Council, the Speaker, and the President pro tempore in accordance with 1-734(a) and shall be made available and furnished to participants and beneciaries in accordance with 1-734(b). B The annual report shall include the information described in subsections (b), (c), (d), and (e) of this section and, when applicable, subsection (f) of this section, and shall also include: i The nancial statement and opinion required by paragraph (3) of this subsection; and ii The actuarial statement and opinion required by paragraph (4) of this subsection. 2 If some or all of the information needed to enable the Board to comply with the requirements of this chapter is maintained by: (A) An insurance carrier or other organization which provides some or all of the benets under the retirement program, or holds assets of the Fund for such retirement program in a separate account; (B) a bank or similar institution which holds
697
some or all of the assets of the Fund in a common or collective trust or a separate trust, or custodial account; or (C) the Mayor (or the Police and Firemens Retirement and Relief Board, established pursuant to 5-722, in carrying out the Mayors responsibilities under the Policemen and Firemens Retirement and Disability Act ( 5-701 et seq.)); such carrier, organization, bank, or institution, or the Mayor, shall transmit and certify the accuracy of such information to the Board within 120 days after the end of the scal year (or such other date as may be prescribed under regulations of the Board). 3 (A) Except as provided in subparagraph (C) of this paragraph, the Board shall engage an independent qualied public accountant who shall conduct such examination of any nancial statements of the Fund, and of other books and records of the Fund or the retirement program as the accountant may deem necessary to enable the accountant to form an opinion as to whether the nancial statements and schedules required to be included in the annual report by subsection (b) of this section are presented fairly in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the books and records of the Fund and the retirement program as are considered necessary by the independent qualied public accountant. The independent qualied public accountant shall also oer his opinion as to whether the separate schedules specied in subsection (b)(2) of this section and the summary material required under 1-734(b)(2) present fairly, and in all material respects, the information contained therein when considered in conjunction with the nancial statements taken as a whole. The opinion by the independent qualied public accountants shall be made a part of the annual report. B In oering his opinion under this section, the accountant may rely on the correctness of any actuarial matter certied to by an enrolled actuary if he so states his reliance. C The opinion required by subparagraph (A) of this paragraph need not be expressed as to any statements required by subsection (b)(2)(G) of this section prepared by a bank or similar institution or insurance carrier regulated and supervised and subject to periodic examination by a state or federal agency if such statements are certied by the bank, similar institution, or insurance carrier as accurate and are made a part of the annual
698 report.
CONTENTS
4 (A) The Board shall engage an enrolled actuary who shall be responsible for the preparation of the materials comprising the actuarial statement required under subsection (d) of this section. B The enrolled actuary shall utilize such assumptions and techniques as are necessary to enable him to form an opinion as to whether the contents of the matters reported under subsection (d) of this section: (i) Are in the aggregate reasonably related to the experience of the Fund and the retirement program and to reasonable expectations; and (ii) represent his best estimate of anticipated experience under the Fund and the retirement program. The opinion by the enrolled actuary shall be made with respect to, and shall be made a part of, each annual report. C In making a certication under this section, the enrolled actuary may rely on the correctness of any accounting matter under subsection (b) of this section as to which any qualied public accountant has expressed an opinion if he so states his reliance. b (1) An annual report under this section shall include a nancial statement containing a statement of assets and liabilities, and a statement of changes in net assets available for benets under the retirement program, which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to nancial statements, disclosures concerning the following items shall be considered by the accountant: A description of the retirement program, including any significant changes in the retirement program made during the period and the impact of such changes on benets; the funding policy (including the policy with respect to prior service cost), and any changes in such policy during the year; a description of any signicant changes in benets made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; and any other matters necessary to fully and fairly present the nancial statements of the Fund. 2 The statement required under paragraph (1) of this subsection shall have attached the following information in separate schedules;
699
A A statement of the assets and liabilities of the Fund, aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous scal year; B A statement of receipts in and disbursements from the Fund during the preceding 12-month period, aggregated by general source and application; C A schedule of all assets held for investment purposes, aggregated and identied by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether such party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value; D A schedule of each transaction involving a person known to be a party in interest, the identity of such party in interest and his relationship or that of any other party in interest to the Fund, a description of each asset to which the transaction relates; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain or loss on each transaction; E A schedule of all loans or xed income obligations which were in default as of the close of the scal year or were classied during the year as uncollectable and the following information with respect to each loan on such schedule (including a notation as to whether parties involved are known to be parties in interest): The original principal amount of the loan; the amount of principal and interest received during the reporting year; the unpaid balance; the identity and address of the obligor; a detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms); the amount of principal and interest overdue (if any) and an explanation thereof; F A list of all leases which were in default or were classied during the year as uncollectable and the following information with respect to each lease on such list (including a notation as to whether parties involved are known to be parties in interest): The type of property leased (and, in the case of xed assets such as land, buildings, and leaseholds, the location of the property); the identity of the lessor or lessee from or to whom the Fund is leasing; the
700
CONTENTS
relationship of such lessors and lessees, if any, to the Fund, the government of the District of Columbia, any employee organization, or any other party in interest; the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the leased property was purchased and its cost; the date the property was leased and its approximate value at such date; the gross rental receipts during the reporting period; expenses paid for the leased property during the reporting period; the net receipts from the lease; the amounts in arrears; and a statement as to what steps have been taken to collect amounts due or otherwise remedy the default; G The most recent annual statement of assets and liabilities of any common or collective trust maintained by a bank or similar institution in which some or all the assets of the Fund are held, of any separate account maintained by an insurance carrier in which some or all of the assets of the Fund are held, and of any separate trust maintained by a bank as trustee in which some or all of the assets of the Fund are held, and in the case of a separate account or a separate trust, such other information as may be required by the Board in order to comply with this subsection; and H A schedule of each reportable transaction, the name of each party to the transaction (except that, in the case of an acquisition or sale of a security on the market, the report need not identify the person from whom the security was acquired or to whom it was sold) and a description of each asset to which the transaction applies; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain or loss on each transaction. 3 For purposes of subparagraph (H) of paragraph (2) of this subsection, the term reportable transaction means a transaction to which the Fund is a party and which is: A A transaction involving an amount in excess of 3 percent of the current value of the assets of the Fund; B Any transaction (other than a transaction respecting a security) which is part of a series of transactions with or in conjunction with a person in a
701
scal year, if the aggregate amount of such transactions exceeds 3 percent of the current value of the assets of the Fund; C A transaction which is part of a series of transactions respecting 1 or more securities of the same issuer, if the aggregate amount of such transactions in the scal year exceeds 3 percent of the current value of the assets of the Fund; or D A transaction with or in conjunction with a person respecting a security, if any other transaction with or in conjunction with such person in the scal year respecting a security is required to be reported by reason of subparagraph (A) of this paragraph. c The Board shall furnish as a part of an annual report under this section the following information: 1 The number of individuals covered by the retirement program; 2 The name and address of each member of the Board; 3 Except in the case of a person whose compensation is minimal (as determined under regulations of the Council, which regulations the Council shall initially promulgate within 90 days after the date of the enactment of this chapter and who performs solely ministerial duties as determined under such regulations), the name of each person (including any consultant, broker, trustee, accountant, insurance carrier, actuary, administrator, investment counsel, or custodian who rendered services to the Board or who had transactions with the Board) who directly or indirectly received compensation from the Board during the preceding year for services rendered to the Board or the participants or beneciaries of the retirement program for which a Fund was established, the amount of such compensation, the nature of his services, his relationship, if any, to the District of Columbia government or any employee organization, and any other ocer, position or employment he holds with any party in interest; 4 An explanation of the reason for any change in appointment of any accountant, insurance carrier, enrolled actuary, or investment counsel appointed by the Board; and
702
CONTENTS
5 Such other nancial and actuarial information as the Council may by regulation prescribe. d (1) An annual report under this section for a scal year shall include a complete actuarial statement applicable to the scal year which shall include the following information: A The date of the actuarial valuation applicable to the scal year for which the report is led; B The date and amount of the payments to the Fund for the scal year for which the report is led and contributions for prior scal years not previously reported, including payments by the participants, the United States, and the District of Columbia; C The following information applicable to the scal year for which the report is led: i ii The amounts determined under 1-722(a)(1); The accrued liabilities;
iii An identication of benets not included in the calculation; iv A statement of the other facts and actuarial assumptions and methods used to determine costs; and v A justication for any change in actuarial assumptions or cost methods;
D The number of participants and beneciaries covered by the retirement program; E A certication of the amount of the payments to the Fund necessary to reduce the accumulated funding deciency to zero; F A statement by the enrolled actuary of any change in actuarial assumptions made with respect to the Fund during the year;
703
G A statement by the enrolled actuary of the estimated current value of vested benets under the retirement program; H A statement by the enrolled actuary that to the best of his knowledge the report is complete and accurate; I A copy of the opinion required by subsection (a)(4) of this section;
J Such other information regarding the retirement program as the Council may by regulation require; and K Such other information as the enrolled actuary may determine is necessary to fully and fairly disclose the actuarial position of the Fund. 2 The actuary shall make an actuarial valuation of the Fund for every 3rd scal year, unless he determines that a more frequent valuation is necessary to support his opinion under subsection (a)(4) of this section. e A report under this section for a scal year shall include a statement prepared by the Board of: 1 The relative riskiness of the investments during the scal year of the assets of the Fund; 2 A comparison of the average return on the investments of the Fund during the year with the average return on the investments of other public pension funds during the year that have comparable asset valuation; and 3 The average daily balance of, and the average rate earned by, assets of the Fund in each of any time or demand deposits during the year. f (1) If some or all of the benets under the retirement program are purchased from and guaranteed by an insurance company, insurance service, or other similar organization, a report under this section shall include a statement from such insurance company, service, or other similar organization covering the scal year and enumerating:
704
CONTENTS
A The premium rate or subscription charge and the total premium or subscription charges paid to each such carrier, insurance service, or other similar organization and the approximate number of persons covered by each class of such benets; and B The total amount of premiums received, the approximate number of persons covered by each class of benets, and the total claims paid by such company, service, or other organization; dividends or retroactive rate adjustments, commissions, and administrative service or other fees or other specic acquisition costs paid by such company, service, or other organization; any amounts held to provide benets after retirement; the remainder of such premiums; and the names and addresses of the brokers, agents, or other persons to whom commissions or fees were paid, the amount paid to each, and for what purpose. 2 If any such company, service, or other organization does not maintain separate experience records covering the specic groups it serves, the report shall include, in lieu of the information required by subparagraph (B) of paragraph (1) of this subsection, a statement as the basis of its premium rate or subscription charge, the total amount of premiums or subscription charges received from the Fund, and a copy of the nancial report of the company, service, or other organization and, if such company, service, or organization incurs specic costs in connection with the acquisition or retention of any particular Fund or Funds, a detailed statement of such costs.
0.1.927
Personal nancial disclosure by Board members.
a (1) Each member of the Board shall, within 90 days of his selection as a member of the Board and not later than April 30th of each year thereafter, submit to the Mayor, the Council, the Speaker, and the President pro tempore a personal nancial disclosure statement with respect to the preceding calendar year. Such statement shall be in such form as the Council may by regulation require and shall contain such information with respect to the members nancial condition as the Council may by regulation require, including the following information: A The amount and source of all income (as dened in 61 of the Internal Revenue Code of 1954) received during the year;
705
B The identity and category of value of each liability owned, directly or indirectly, that exceeds $2,500 as of the last day of the year (excluding any mortgage that secures real property that is the principal residence of such member); C The identity and category of value of any property held, directly or indirectly, in a trade or business or for investment or the production of income that has a fair market value of not less than $1,000 as of the last day of the year; D The identity and category of value of any transaction, whether direct or indirect, in securities or commodities futures during the year in excess of $1,000 (excluding any gift to any tax-exempt organization described in 501(c)(3) of the Internal Revenue Code of 1954), and the identity, date, and category of value of any purchase or sale, whether direct or indirect, of any interest in real or tangible personal property during the year the value of which exceeds $1,000 at the time of such purchase or sale (excluding any purchase or sale of any property that is the principal residence of such member or that is used as furnishings for such principal residence); E The nature and extent of any interest during the year in any bank, insurance company, or other nancial institution, or in any brokerage or other securities or investment company; and F The nature and extent of any employment during the year by any bank, insurance company, or other nancial institution, or by any brokerage or other securities or investment company. 2 A member shall not be required to submit a personal nancial disclosure statement to the Speaker and the President pro tempore for calendar years after calendar year 2004. b For purposes of subparagraphs (B), (C), and (D) of paragraph (1) of subsection (a) of this section, the member reporting need not specify the actual amount of value of each item required to be reported under such subparagraphs, but shall indicate which of the following categories such amount or value is within: 1 Not more than $5,000;
706 2 Greater than $5,000 but not more than $15,000; 3 Greater than $15,000 but not more than $50,000; 4 Greater than $50,000 but not more than $100,000; or 5 Greater than $100,000.
CONTENTS
0.1.928
Reduction in federal payment to Police Ocers and Fire Fighters Retirement Fund resulting from disability retirements.
a (1) After January 1st, and before March 1st, of each year beginning with calendar year 1984 and ending with calendar year 2004, the enrolled actuary engaged pursuant to 1-722 shall, with respect to the District of Columbia Police Ocers and Fire Fighters Retirement Fund: A Determine, in accordance with paragraph (2) of this subsection, the disability retirement rate for the preceding calendar year; and B Determine if such disability retirement rate for such preceding calendar year is greater than eight tenths of a percentage point. 2 For the purposes of subparagraph (A) of paragraph (1) of this subsection, the disability retirement rate for the applicable calendar year shall be an amount equal to a fraction, the numerator of which is the number of ocers and members of the Metropolitan Police force and the Fire Department of the District of Columbia who rst became ocers or members on or before February 14, 1980, and who retired on disability during such applicable year under 5-709(a) or 5-710(a) (but such numerator shall not include any such ocer or member whose retirement is ordered by a court of competent jurisdiction), and the denominator of which is the total number of such ocers and members who were on active duty on January 1st of such applicable calendar year. 3 The enrolled actuary shall report the determinations (including related documents and information) made under paragraph (1) of this subsection to the Board and to the Comptroller General of the United States not later than March 1st of each year.
707
b The Board shall transmit a copy of each such report by the enrolled actuary under subsection (a) of this section to the Speaker of the House of Representatives, the President pro tempore of the Senate, the chairman of the Committee on Governmental Aairs of the Senate, the chairman of the Committee on the District of Columbia of the House of Representatives, the chairman of the Committee on Appropriations of the Senate, the chairman of the Committee on Appropriations of the House of Representatives, the Mayor of the District of Columbia, and the Council of the District of Columbia, not later than March 31st of the calendar year in which the report is made, and shall submit comments on such report. c (1) Notwithstanding any other provision of this chapter, with respect to the scal year commencing October 1, 1984, and each scal year thereafter through the scal year commencing October 1, 2004, the authorization under 1- 724(a)(1) for each such scal year shall be deemed, for purposes of such section, to be reduced in the amount hereafter provided, if the report, submitted by the enrolled actuary pursuant to subsection (a) of this section in the calendar year in which such scal year commences, states that the disability retirement rate under subsection (a) of this section for the preceding calendar year is greater than eight tenths of a percentage point. The amount of such reduction shall be 1 1/2 per centum for each whole tenth of a percentage point by which the disability retirement rate is greater than eight tenths of a percentage point. 2 There shall be no reduction pursuant to 1-724(a)(1) and paragraph (1) of this subsection for any such scal year, if, in computing the disability retirement rate under subsection (a) of this section for the calendar year preceding the calendar year in which such scal year commences, the numerator is less than 8. 3 (A) If the Board determines, on the basis of substantial facts, that unordinary circumstances or events of catastrophic magnitude, such as a re or civil disorder, caused or signicantly contributed to the number of disability retirements under 5-710(a) during a calendar year covered by the report submitted by the enroll ed actuary pursuant to subsection (a) of this section, it shall submit a detailed statement on such circumstances and events to the Federal Emergency Management Agency. Such statement shall be submitted on or before July 1st of the calendar year next following the calendar year covered by such report. The statement shall contain, among other mat-
708
CONTENTS
ters, data on the total number of disability retirements under 5-709(a) and 5-710(a) for the applicable calendar year, the number of such retirements under 5- 710(a) which, in the opinion of the Board, were caused or signicantly contributed to by such circumstances or events, and an explanation as to why the Board considers such events or circumstances to be unordinary and of a catastrophic magnitude. B The Federal Emergency Management Agency shall review the Boards report and provide the Board its assessment within 60 days of receipt of the Boards report, of the scope, nature, involvement, and impact on District of Columbia police ocers and reghters of the events determined by the Board to be of unordinary and of a catastrophic nature. The Agency shall submit copies of its assessment to the Board and the oces and ocers set forth in subsection (b) of this section. C (1) The Board, on the basis of such reports from the Federal Emergency Management Agency, shall determine the extent to which such disability retirements which such Agency determined were caused or contributed to by such events and circumstances caused a reduction in the amount appropriated to the Fund as provided under this subsection.The Board shall report the amount of such reduction so caused to the oces and ocers set forth in subsection (b)(1) of this section. Such reports shall be submitted on or before December 31st of the calendar year in which the Board receives such report of the Federal Emergency Management Agency. 2 In addition to the amount authorized to be appropriated to the Fund for any scal year under 1-724(a)(1), there is authorized to be appropriated for the scal year commencing October 1, 1984, and each scal year thereafter, such sum as may be necessary to pay to the Fund an amount equal to the amount of any reduction, plus interest lost to the Fund because of the reduction, for a scal year as reported to the oces and ocers of the Congress pursuant to paragraph (1) of this subsection, but in no case shall any moneys be appropriated on the basis of the authorization pursuant to this paragraph except to the extent that any such reduction was actually made.
0.1.929
Appropriations authorized as payments to the Funds.
a There is authorized to be appropriated from the revenues of the United States for scal year 1980 and for each scal year thereafter through scal
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) year 2004:
709
1 As the federal payment to the District of Columbia Police Ocers and Fire Fighters Retirement Fund, the sum of $34,170,000, reduced by the amount of any reduction required under 1-725(c); 2 As the federal payment to the District of Columbia Teachers Retirement Fund, the sum of $17,680,000; and 3 As the federal payment to the District of Columbia Judges Retirement Fund, the sum of $220,000. b (1) Amounts appropriated as a federal payment to a Fund established by this chapter shall not be subject to apportionment and shall be deposited in the appropriate Fund not more than 30 days after they are appropriated or 30 days after the beginning of the scal year for which they are appropriated, whichever is later. 2 Amounts appropriated as a District of Columbia payment to a Fund established by this chapter shall be deposited in the appropriate Fund in equal quarterly installments, the 1st of which shall be made not more than 30 days after amounts are appropriated or 30 days after the beginning of the scal year for which amounts are appropriated, whichever is later. The remaining installments shall be made on the 1st day of succeeding quarters of the scal year. If the District is late in making an installment, the Board shall charge the District daily interest, at a rate consonant with the Boards duciary duty. c If at any time the balance of any Fund established by this chapter is not sucient to meet all obligations against such Fund, such Fund shall have a claim on the revenues of the District of Columbia to the extent necessary to meet such obligations. d If, for any scal year, the Mayor and the Council do not carry out the requirements of subsections (c)(2), (d), and (e) of 1-722 with respect to a Fund, no funds authorized to be appropriated for such Fund by this section shall be available for such Fund for such scal year.
710
CONTENTS
e (1) In the year 2004, the Comptroller General shall determine whether the federal share with respect to each Fund has been paid in full by payments made pursuant to appropriations authorized under subsection (a) of this section and, in the case of the District of Columbia Police Ocers and Fire Fighters Retirement Fund, by payments made or to be made under 1-722(e). 2 For the purposes of this subsection, the term federal share, with respect to a retirement program, means the sum of: A Eighty percent of the accrued unfunded liability as of October 1, 1979, for participants in the retirement program who retired before January 2, 1975, under a provision of law authorizing retirement and entitlement to an annuity based upon the years of creditable service of the participant (and for the beneciaries of such participants under the retirement program); and B Thirty-three and one-third percent of the accrued unfunded liability as of October 1, 1979, for participants in the retirement program who retired before January 2, 1975, under a provision of law authorizing retirement and entitlement to an annuity based upon a disease or disability from which the participant is suering (and for the beneciaries of such participants under the retirement program). f Notwithstanding any other provision of this Act, no Federal payments may be made to any Fund established by this chapter for any scal year after scal year 1997.
0.1.930
Information about retirement programs.
Upon a request of the Board, the Mayor, the Chief Financial Ocer, the Chairman of the District of Columbia Public Charter School Board, the President of the Board of Education, or their successors shall furnish to the Board such information with respect to retirement programs and post employment benet programs to which this chapter applies as the Board considers necessary to enable it to carry out its responsibilities under this chapter and to enable the enrolled actuary engaged pursuant to 1-722(a) to carry out the responsibilities of the enrolled actuary under this chapter.
711
0.1.931
Determination of federal and District of Columbia payments to the Funds.
a (1) The Board shall engage an enrolled actuary, who may be the enrolled actuary engaged pursuant to 1-732(a)(4)(A), who shall, on the basis of the entry age normal cost funding method and in accordance with generally accepted actuarial principles and practices, make the following determinations with respect to each Fund: A At the times specied in paragraph (2) of this subsection, the actuary shall determine the level percentage of payroll, expressed as a percentage (hereinafter in this chapter referred to as the net normal cost percentage), which shall be the percentage such that the amount equal to the product of such percentage and the present value of future compensation for participants in the retirement program, if paid annually into the Fund from the date of hire of each participant in the retirement program until the date of such participants death, retirement, or other withdrawal from employment covered by the retirement program, is equal to the amount of the dierence between (i) the present value of the future benets payable from the Fund to such group, and (ii) the present value of all future employee contributions to the Fund; B At the times specied in paragraph (2) of this subsection, the actuary shall determine the amount (hereinafter in this chapter referred to as the accrued actuarial liability) that is the dierence between (i) the present value (as of the date of the determination) of the future benets payable from the Fund, and (ii) the sum of the present value of all future employee contributions to the Fund, and the product of the net normal cost percentage and the present value of future compensation for participants in the retirement program; C At the times specied in paragraph (2) of this subsection, the enrolled actuary shall determine the current value of the assets in the Fund; D Each year, not later than 60 days prior to the date on which the Mayor is required to submit the annual budget for the government of the District of Columbia to the Council under 1-204.42(a), the enrolled actuary shall determine: i An estimate of the current annual active duty payroll;
712
CONTENTS
ii The amount (hereinafter in this chapter referred to as the future federal obligation) that is the amount of the present value of the sum of the amounts authorized by 1-724(a) to be appropriated to the Fund for scal years beginning on or after the date of the determination; and iii The amount (hereinafter in this chapter referred to as the net pay-asyou-go cost) that is the dierence between the amount of the obligation of the Fund during the next scal year for the payment of benets payable from the Fund during such year, and the amount of employee contributions to the Fund for such year; E The actuary shall also determine such additional information as the Board may require in order to make the determinations specied in paragraph (4) of this subsection and in subsection (b) of this section. 2 The actuary engaged by the Board pursuant to paragraph (1) of this subsection shall make the determinations described in subparagraphs (A), (B), and (C) of such paragraph at the following times: A Not later than 60 days after the date of the enactment of this chapter;
B Upon a request by the Board or by the Director of the Oce of Management and Budget; C Not later than the end of the 90-day period beginning on the 1st day of the 3rd scal year occurring after the scal year in which the last such determination was made pursuant to any subparagraph of this paragraph. 3 (A) On the basis of the most recent determinations made under paragraph (1) of this subsection, the enrolled actuary shall certify to the Board each year, at a time specied by the Board, the following information with respect to each Fund for the next scal year: i The net normal cost, which shall be computed as the product of the net normal cost percentage and the estimate by the actuary of the current annual active duty payroll; ii The accrued actuarial liability;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) iii iv v The current value of assets in the Fund; The future federal obligation; The net pay-as-you-go cost;
713
vi The unfunded actuarial liability, which shall be computed as the difference between the accrued actuarial liability and the sum of the current value of the assets in the Fund, and the future federal obligation; and vii The amount equal to the dierence between the accrued actuarial liability as of January 2, 1975 (in future value as of the end of the scal year for which the determination is made), and the sum of the future federal obligation, the current value of previous federal contributions, and (in the case of the District of Columbia Teachers Retirement Fund and the District of Columbia Judges Retirement Fund) the current value of any assets in the predecessor to such Fund as of January 2, 1975, which amount is the dierence between the amount that the federal government would pay to the Fund if the federal government had assumed the funding responsibility for all accrued unfunded liabilities as of January 2, 1975, and the amount actually to be paid by the federal government. B For the purposes of sub-subparagraph (vi) of subparagraph (A) of this paragraph, the term current value of the assets in the Fund shall be deemed to include (i) the present value of any payments to be made to the Fund by the District in accordance with subsection (b)(1)(C)(i) of this section, and (ii) the present value of the amount of any reduction in the amount of future District payments to the Fund determined in accordance with subsection (b)(1)(D) of this section. 4 The Board shall determine: A The amount of the federal payment for the next scal year for each Fund authorized to be appropriated under 1-724(a); and B On the basis of the most recent certication submitted by the enrolled actuary under paragraph (3) of this subsection, the amount of the District payment for the next scal year for each Fund, as described under subsection (b) of this section.
714
CONTENTS
b (1)(A) For the District payment for each Fund for each scal year through scal year 2004, the Board shall determine: i The unfunded actuarial liability for such Fund as of the end of scal year 2004; ii The unfunded actuarial liability as of October 1, 1979, in future value as of the end of scal year 2004 for such Fund; and iii The amount equal to the lesser of the net pay-as-you-go cost, and the sum of the net normal cost and the amount of annual interest (computed at the valuation rate used in the determination under subsection (a)(3)(A)(vi) of this section. B If the amount determined under subparagraph (A)(i) of this paragraph is equal to the amount determined under subparagraph (A)(ii) of this paragraph, the amount of the District payment for the scal year for such Fund shall be the amount determined under subparagraph (A)(iii) of this paragraph. C (i) If the amount determined under subparagraph (A)(i) of this paragraph is greater than the amount of the District payment for the scal year for such Fund shall be the amount equal to the sum of the amount determine under subparagraph (A)(iii) of this paragraph, and the amount of the level amortization payment that, if paid annually into the Fund through the next 10 scal years (and accrued at the rate of interest used in determinations under subsection (a)(1) of this section), would reduce the amount determined under subparagraph (A)(i) of this paragraph to the amount determined under subparagraph (A)(ii) of this paragraph by the end of such 10 scal years. ii A level amortization payment shall not be required under this subparagraph for any scal year to the extent that the dierence between the amount determined under subparagraph (A)(i) of this paragraph and the amount determined under subparagraph (A)(ii) of this paragraph for such scal year is attributable to the failure of the federal government (other than a failure because of 1-724(d) or 1-725) to make all or any part of the federal payment to such Fund for any scal year.
715
D If the amount determined under subparagraph (A)(ii) of this paragraph is greater than the amount of the District payment for such Fund shall be the amount determined under subparagraph (A)(iii) of this paragraph reduced by the amount of level amortization payment that, if paid annually for the next 10 scal years, would have a future value of the end of scal year 2004 equal to the dierence between the amount determined under subparagraph (A)(ii) of this paragraph and the amount determined under subparagraph (A)(i) of this paragraph. E The amount of a District payment determined under subparagraph (C) of this paragraph may not exceed the amount determined under subparagraph (A)(iii) of this paragraph by more than 10 percent of the net payas-you-go cost, in the case of a payment to the District of Columbia Police Ocers and Fire Fighters Retirement Fund, or by more than 30 percent of the net pay-as-you-go cost, in the case of a payment to the District of Columbia Teachers Retirement Fund or to the District of Columbia Judges Retirement Fund. F Determinations under subparagraph (A) of this paragraph shall be made in accordance with generally accepted actuarial principles and practices. 2 The amount of the District payment to each Fund for scal year 2005 and for each scal year thereafter shall be the sum of (A) the net normal cost, and (B) the amount of annual interest (computed at the valuation rate used in the determination pursuant to subsection (a)(1) of this section) on the unfunded actuarial liability. c (1) On the basis of the most recent determinations made under subsection (a)(4) of this section, the Board shall: A Not later than March 15th of each year through calendar year 2003, submit to the President and to the Congress a request for appropriation of the federal payment for the next scal year for each Fund; and B Not less than 30 days prior to the date on which the Mayor is required to submit the annual budget for the government of the District of Columbia to the Council under 1-204.42(a), certify to the Mayor and the Council the amount of the District payment for each Fund.
716
CONTENTS
2 The Mayor, in preparing each annual budget for the District of Columbia pursuant to 1-204.42(a), and the Council of the District of Columbia, in adopting each annual budget in accordance with 1-204.46, shall include in such budget not less than the full amount certied by the Board under paragraph (1)(B) of this subsection as being the amount of the District payment for the next scal year for each Fund. The Mayor and the Council may comment and make recommendations concerning any such amount certied by the Board. d (1) Whenever any change in benets under a retirement program is made, the Mayor shall engage an enrolled actuary, who may be the enrolled actuary engaged pursuant to 1-732(a)(4)(A), to estimate the eect of such change in benets over the next 5 scal years on: (A) The net normal cost percentage with respect to the retirement program; (B) the accrued actuarial liability with respect to the retirement program; (C) the net pay-as-you-go cost with respect to the retirement program; and (D) the level of the District payments to the Fund. The Mayor shall transmit the estimates of the actuary under the preceding sentence to the Board and to the Speaker and the President pro tempore, and such change in benets may not go into eect until the end of the 30-day period beginning on the date such transmittals are completed. Whenever any change in benets under a retirement program is made to either, but not both, the Metropolitan Police Department or the Fire and Emergency Medical Services Department, the Mayor shall engage an enrolled actuary to perform the same study contemporaneously for the other employee group for which the change was not made. 2 In the event a change in benets under a retirement program is made that increases the present value of benets payable from the Fund, a level amortization payment for a period not to exceed 25 years shall be paid by the District to the Fund such that the present value of the sum of such level amortization payments equals the increase in the present value of such benets. Such payments shall be made in addition to any other payment to the Fund required to be made by the District, and such increase in present value of benets payable from the Fund and such payments shall be disregarded in calculating the unfunded actuarial liability under subsection (b)(1)(A) of this section. e Whenever the amount authorized to be appropriated to the District of Columbia Police Ocers and Fire Fighters Retirement Fund for any scal
717
year under 1-724(a)(1) is reduced under 1-725(c), the District shall, beginning with the next scal year, pay a level amortization payment to such Fund for a period not to exceed 10 years such that the present value (determined as of the beginning of the scal year for which such authorization is reduced) of the sum of such level amortization payments equals the amount of such reduction. Such payments shall be made in addition to any other payment to such Fund required to be made by the District and shall be disregarded in calculating the unfunded actuarial liability under subsection (b)(1)(A) of this section. f The Comptroller General of the United States shall have access to all books, accounts, records, reports, les, and other papers necessary to carry out the responsibility of the Comptroller General under 47-118 and under 1-724(e).
0.1.932
Limitation on investment of Retirement Funds.
a Except as provided in subsection (d) of this section, the assets of the Funds may not be invested in the following: 1 Interest-bearing bonds, notes, bills, or certicates of indebtedness of the government of the District of Columbia, the government of the Commonwealth of Virginia, or the government of the State of Maryland, or the government of any political subdivision thereof, or of any entity subject to control by any such government or any combination of any such governments; 2 Obligations fully guaranteed as to the payment of both principal and interest by the government of the District of Columbia, the government of the Commonwealth of Virginia, or the government of the State of Maryland, or the government of any political subdivision thereof, or of any entity subject to control by any such government or any combination of any such governments; 3 Real property in the District of Columbia, Virginia, or Maryland; 4 Loans, mortgages, bonds, notes, bills, or certicates of indebtedness secured, in whole or in part, by real property in the District of Columbia, Virginia, or Maryland;
718 5 Repealed.
CONTENTS
b Until such time as the members of the Board are rst selected and the Board certies pursuant to 1-711(h) that it is assuming responsibility for the Funds established by this chapter, the assets of such Funds may only be invested in the following: 1 Interest-bearing bonds, notes, bills, or certicates of indebtedness of the United States government, or obligations fully guaranteed as the payment of both principal and interest by the United States government; and 2 Interest-bearing certicates of deposit issued by national, state, or District of Columbia savings and loan institutions. c (1) Any assets of the Funds invested after March 16, 1993, in stocks, securities, or other obligations of any institution or company doing business in or with Northern Ireland or with agencies or instrumentalities of Northern Ireland shall be invested to reect advances to eliminate discrimination made by these institutions and companies pursuant to paragraph (2) of this subsection. 2 The Mayor shall consider the following criteria, referred to as the MacBride Principles, to determine the advances to eliminate discrimination made by companies and institutions doing business in or with Northern Ireland or with agencies or instrumentalities of Northern Ireland: A Increasing the representation of individuals from under represented religious groups in the work force, including managerial, supervisory, administrative, clerical, and technical jobs; B Providing adequate security for the protection of minority employees both at the workplace and while traveling to and from work; C Banning provocative religious or political emblems from the workplace; D Publicly advertising all job openings and making special recruitment eorts to attract applicants from underrepresented religious groups;
719
E Providing that layo, recall, and termination procedures should not in practice favor particular religious groups; F Abolishing job reservations, apprenticeship restrictions, and dierential employment criteria that discriminate on the basis of religion or ethnic origin; G Developing training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees; H Establishing procedures to assess, identify, and actively recruit minority employees with potential for further advancement; and I Appointing senior management sta members to oversee armative action eorts and the setting up of timetables to carry out armative action principles. 3 (A) On or before the 1st day of October of each year, the Mayor shall determine the existence of armative action taken by all institutions and companies doing business in or with Northern Ireland, in which Funds are or will be invested, in adhering to the MacBride Principles as enumerated in paragraph (2) of this subsection and provide an annual report of his or her ndings for presentation to the Council, which report shall be made available for public inspection. B In making the determination pursuant to subparagraph (A) of this paragraph, the Mayor may rely on reference sources, such as the Investor Responsibility Research Center (IRRC), in making a determination with respect to the armation action taken by the institutions and companies. d The limitations on investments under subsection (a) of this section shall not apply to any of the following investments; provided, that the Board has no discretionary authority for investment decisions in specic geographical regions or political subdivisions, and further provided, that not more than 25 1 Pooled or commingled real estate investment vehicles;
720
CONTENTS
2 Publicly-traded real estate investment trusts and real estate operating companies; or 3 Pooled or commingled real estate investment vehicles holding pass-through securities that contain mortgages, loans, bonds, notes and other similar instruments issued by private institutions, and that are guaranteed by the federal government or any of its agencies or government-sponsored enterprises.
0.1.933
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 benets, including refunds and lump-sum payments, and the Board shall make such payments from the appropriated fund.
0.1.934
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 duciary 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 qualied 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.
721
c The Board shall maintain, in an appropriate depository, a cash reserve for the Funds in an amount determined by the Board to be sucient to meet current outlays for annuities and other retirement and disability benets authorized to be paid from such Funds.
0.1.935
District of Columbia Judges Retirement Fund.
a There is established a fund to be known as the District of Columbia Judges Retirement Fund into which shall be deposited the following (except as provided in 11-1570), which shall constitute the assets of the Fund: 1 Any amount deposited pursuant to subchapter III of Chapter 15 of Title 11; 2 Any asset transferred to such Fund under subsection (b) of this section; 3 Any amount appropriated for such Fund under subchapter III of this chapter; and 4 Any return on investment of the assets of such Fund. b Notwithstanding any other provision of law, any asset held in the District of Columbia Judicial Retirement and Survivors Annuity Fund may be transferred to the District of Columbia Judges Retirement Fund established by subsection (a) of this section. c (1) Notwithstanding any other provision of this chapter or the amendments made by this chapter, upon the date the assets of the Retirement Fund described in subtitle A of title XI of the Balanced Budget Act of 1997 are transferred, the assets of the District of Columbia Judges Retirement Fund established under subsection (a) shall be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund under 11-1570, and no amounts shall be deposited into the District of Columbia Judges Retirement Fund after the date on which the assets are so transferred. 2 In accordance with the direction of the Secretary, the District of Columbia Judges Retirement Fund established under subsection (a) shall be continued at the Board and used for the purposes provided in this chapter until such time as all amounts in such Fund have been expended or transferred to
722
CONTENTS
the District of Columbia Judicial Retirement and Survivors Annuity Fund pursuant to paragraph (1) of this subsection. Thereafter any payments of retirement pay, annuities, refunds, and allowances for judicial personnel of the District of Columbia shall be paid from the District of Columbia Judicial Retirement and Survivors Annuity Fund in accordance with subchapter III of Chapter 15 of Title 11.
0.1.936
District of Columbia Teachers Retirement Fund.
a (1) There is established a fund to be known as the District of Columbia Teachers Retirement Fund into which shall be deposited the following, which shall constitute the assets of the Fund:
A Any amount paid to the Custodian of Retirement Funds pursuant to 38- 2021.01 et seq., or under 38-2061.02;
B Any asset transferred to such Fund under subsection (b) of this section;
C Any amount appropriated for such Fund under subchapter III of this chapter; and
Any return on investment of assets of such Fund.
2 Annuities and other retirement and disability benets (including refunds and lump-sum payments) payable from the District of Columbia Teachers Retirement and Annuity Fund established by 38-2021.02 shall continue to be paid from such Fund until all amounts in such Fund have been expended or transferred under subsection (b) of this section to the District of Columbia Teachers Retirement Fund, and thereafter such benets shall be paid from the District of Columbia Teachers Retirement Fund.
b Notwithstanding any other provision of law, any asset held in the District of Columbia Teachers Retirement and Annuity Fund established by 382021.02 may be transferred to the District of Columbia Teachers Retirement Fund established by subsection (a) of this section.
723
0.1.937
District of Columbia Police Ocers and Fire Fighters Retirement Fund.
a There is established a fund to be known as the District of Columbia Police Ocers and Fire Fighters Retirement Fund into which shall be deposited the following, which shall constitute the assets of the Fund: 1 Any amount paid to the Custodian of Retirement Funds pursuant to the last sentence of 5-706(a) or to 5-704(e)(1) or to 5-741; 2 Any amount appropriated for such Fund under subchapter III of this chapter; and 3 Any return on investment of the assets of such Fund. b After September 30, 1979, or after the end of the 30-day period beginning on the date on which funds are rst appropriated to the District of Columbia Police Ocers and Fire Fighters Retirement Fund, whichever is later, all payments of annuities and other retirement and disability benets (including refunds and lump-sum payments) under the Policemen and Firemens Retirement and Disability Act ( 5-701 et seq.) shall be made from the Fund (except for any such payment which is made to an ocer or member of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service Division, or to a beneciary of any such ocer or member).
0.1.938
District of Columbia Retirement Board.
a There is established, as an independent agency of the government of the District of Columbia, a board of trustees to be known as the District of Columbia Retirement Board which shall have exclusive authority and discretion (subject to the requirements of this chapter) to manage and control the Funds established by this chapter, and for implementation and administration of the retirement program and post employment benet programs. b (1)(A) The Board shall consist of 12 members selected as follows:
i One member or ocer of the Metropolitan Police force of the District of Columbia, to be elected by the members and ocers of the Metropolitan Police force;
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CONTENTS
ii One retired member or ocer of the Metropolitan Police force to be elected by the retired members and ocers of the Metropolitan Police force; iii One member or ocer of the Fire Department of the District of Columbia, to be elected by the members and ocers of the Fire Department; iv One retired member or ocer of the Fire Department of the District of Columbia, to be elected by the retired members and ocers of the Fire Department; v One teacher in the public day schools of the District of Columbia, to be elected by the teachers of the public day schools of the District of Columbia; vi One teacher in the public day schools of the District of Columbia who is retired, to be elected by the retired teachers of the public day schools of the District of Columbia; vii One senior judge and an alternate senior judge appointed by the Joint Committee on Judicial Administration of the District of Columbia. For purposes of calculating the total number of members of the Board, the senior judge and the alternate senior judge combined shall constitute one member of the Board. viii Three individuals appointed by the Council of the District of Columbia; and ix Three individuals appointed by the Mayor.
B A vacancy on the Board shall be lled in the manner in which the original selection was made. C Upon transfer of the assets of the Judges Retirement Fund to the U.S. Secretary of the Treasury pursuant to Subtitle A of Title XI of the Balanced Budget Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 963), the senior judge and the alternative senior judge shall no longer serve on the Board. Thereafter, the Board shall consist of 12 members.
725
2 The 1st election of the Board members described in sub-subparagraphs (i) through (vi) of subparagraph (A) of paragraph (1) of this subsection shall be conducted within 6 months after the date of the enactment of this chapter in accordance with regulations which the Mayor shall promulgate. Thereafter, elections shall be conducted by the Board. In any such election, voting shall be by secret ballot, and each individual to be represented on the Board by the winner of such election shall be eligible to vote in such election. 3 (A) Members of the Board shall each serve a term of 4 years, except that a member selected to ll a vacancy occurring prior to the end of the term for which his predecessor was selected shall only serve until the end of such term. If the portion of the remaining term to be lled is one year or less, the member selected to ll the vacancy shall serve until the end of such term and shall serve a subsequent 4-year term. A member may serve after the expiration of his term until his successor has taken oce. B A vote of two-thirds of the members of the Board shall remove any Board member from oce for good cause, after notice to the Board member. 4 Repealed. 5 Any individual who was selected as a member of the Board under subsubparagraph (A)(i), (iii), or (v) of paragraph (1) of this subsection and who ceases to be a member or ocer of the Metropolitan Police force, member or ocer of the Fire Department, or a teacher, as the case may be, may not continue as a member of the Board. 6 No member of the Board may hold or be a candidate for any elective oce in the District of Columbia. 7 A member of the Board shall not have any personal interest, direct or indirect, except as a participant in a retirement program, in any transaction involving assets of the Funds established by this chapter and shall otherwise comply with the standards of conduct established by subchapter V of this chapter.
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CONTENTS
8 Not less than 2 members of the Board appointed by the Mayor and 1 member of the Board appointed by the Council under paragraph (1) of this subsection shall be individuals who have professional experience in the banking, insurance, or investment industry. 9 Any member of the Board may be removed from the Board by a vote of two thirds of the members of the Board for a breach of duciary responsibility with respect to a Fund or for a violation of 1-744. 10 The Board shall elect 1 member of the Board to be Chairman of the Board. The Chairman shall be elected for a term of 1 year, but may be removed from such position by a vote of two thirds of the members of the Board. 11 The Chief Financial Ocer of the District of Columbia, his or her successor, or his or her designee, shall be an ex ocio member of the Board, but shall not vote, shall not be eligible to be elected Chairman of the Board, and shall not be counted for purposes of a quorum. For purposes of continuity on the board of trustees, the Mayor shall notify the Board in writing if the designated ex ocio member of the Board is replaced. c (1) Subject to the availability of appropriations for that purpose, each member of the Board shall be entitled to receive the hourly equivalent of the annual rate of pay in eect for the highest step of grade DS-15 under Chapter 6 of this title for each hour that the member is engaged in the actual performance of duties vested in the Board, except that a member of the Board who is a full-time ocer or employee of the District of Columbia or the United States shall not be entitled to receive pay under this subsection for performance of duties vested in the Board during the employees regularly scheduled working hours, and the total amount to which a member may be entitled under this subsection during a year may not exceed $10,000. 2 Members of the Board who are employees of the District of Columbia shall be entitled to leave, without loss of pay, leave, or credit for time of service, while engaged in the actual performance of duties vested in the Board. To the extent that Board duties are performed by a District employee during other than the regularly scheduled working hours of the employee, the employee shall be entitled to receive pay in accordance with paragraph (1) of this subsection.
727
3 Members of the Board who are eligible to receive compensation under this subsection are exempt from 5-723(e), 38-2061.01, and 1-611.03(b) and (c). 4 The Board may participate in seminars, conventions, dinners, or similar activities at the expense of a bank, investment manager, brokerage rm, or other entity only if the principal purpose of the activity is to discuss nancial matters for the benet of the participants and beneciaries of the Fund and the activity is of a nature normally provided free of charge to other institutional investors. Participation in the activities in accordance with this paragraph shall not constitute a violation of subchapter XVIII of Chapter 6 of this title. The Board shall provide a list of these activities, indicating the sponsor and date of each activity, as part of the annual report provided for in 1-732. d (1) The Board shall meet at least once each calendar quarter at a regular and specied time. It shall meet at such other times as the Chairman or any 3 members of the Board may prescribe. 2 A majority of members shall constitute a quorum for the transaction of the business of the Board. 3 Except as otherwise provided in this chapter, actions of the Board shall be determined by a majority vote of the members present and voting. e The Board shall from time to time, or when necessary, promulgate and adopt rules, regulations, and resolutions, and issue directives for the management and administration of the retirement program and for management and control of the Funds. To eciently administer and implement the retirement program and manage the Funds, the Board may make reasonable interpretations of and implement all governing authorities. All governing authorities shall comply with necessary qualication requirements set forth by the Internal Revenue Code as amended for governmental retirement plans. Governing authorities may constitute the Trust Document for the retirement program and the Funds. Prior to the enactment or adoption of any governing authority, the Retirement Board shall submit a written analysis of the proposed governing authority to the appropriate person including the Mayor, the Council of the District of Columbia, the Chief Financial Ocer, the Chairman of the District of Columbia Public Charter School Board,
728
CONTENTS
the President of the Board of Education, or their successors, for purposes of fullling its duciary duties and for continued compliance with Internal Revenue Code qualication requirements. f (1) All administrative expenses incurred by the Board in carrying out this chapter, including compensation for the members of the Board, shall be paid out of funds appropriated for such purpose. 2 The budget prepared and submitted by the Mayor pursuant to 1-204.42 shall include recommended expenditures at a reasonable level for the forthcoming scal year for the administrative expenses of the Board. 3 The Mayor and the Council may establish the amount of funds which will be allocated to the Board for administrative expenses, but may not specify the purposes for which such funds may be expended or the amounts which may be expended for the various activities of the Board. g (1) The Board shall engage the services of competent investment counsel or counsels each of whom shall be either: A Registered under title II of An Act To provide for the registration and regulation of investment companies and investment advisers (15 U.S.C. 80b1 et seq.) (Investment Advisers Act of 1940); B A bank, as dened in the Investment Advisers Act of 1940; or C An insurance company qualied to perform investment advisory services under the laws of more than 1 state. The investment counsel or counsels shall be duciaries with respect to services rendered to the Board. This duciary relationship shall be specied in a written agreement between the investment counsel or counsels and the Board. 2 (A) As an independent agency of the District government pursuant to this chapter and 1-603.01(13), the Board may appoint any sta it considers necessary to carry out the responsibilities under this chapter. Except as provided under subsection (k) of this section, sta appointed by the Board shall be subject to Chapter 6 of Title 1.
729
B Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualied District resident applicant for a sta position shall receive an additional 10-point preference over a qualied non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of residency annually to the Director of Personnel for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence. C The Executive Director, who shall be appointed to manage the day-today operations of the Board, shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position. h Not more than 90 days after all initial members of the Board have been selected in accordance with subsection (b) of this section, the Board shall certify in writing to the Director of the Oce of Budget and Financial Management of the District of Columbia that the Board is assuming responsibility for the Funds established by this chapter. i (1) The Board shall have the authority to enter into contracts with the governments of the District of Columbia and the United States and other public and private entities to the extent necessary to carry out its responsibilities under this chapter. 2 The Board shall issue proposed rules governing the procurement of goods and services pursuant to the authority granted in paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
730
CONTENTS
j In accordance with 1-809.01, after enactment of Chapter 8 of this title, the Board shall continue to discharge its duties and responsibilities under the retirement program and to the Funds (as the duties and responsibilities are modied by the Retirement Protection Act), including the responsibility for federal benet payments provided in 1-903.05, until the Secretary of the U.S. Treasury provides notication to the District government as required under the Retirement Protection Act. k Sta appointed by the Board pursuant to subsection (g)(2) of this section shall not be subject to the provisions of subchapter XI of Chapter 6 of this title. The Board shall have exclusive authority to establish classication and compensation policy for sta appointed by the Board, provided that sta shall not be paid at a rate greater than the highest level authorized for nonunion workers in the District Service schedule. The Board shall establish by regulation a new compensation system for sta appointed by the Board within one year of October 20, 1999. Until a new compensation system is established by regulation, sta appointed by the Board shall be subject to the compensation policy applicable prior to October 20, 1999. The Board shall have exclusive authority to establish by regulation alternative benets requirements for its employees to insure an ecient system of personnel administration and to recruit and retain highly qualied personnel. l Within 30 days after December 7, 2004, the Board, in consultation with the Chief Financial Ocer, shall determine the time and methodology for transferring the necessary functional responsibilities, as dened by rules and regulations issued by the Board from the Oce of Payroll and Retirement Services of the Oce of Financial Operations and Systems to the Board. m The Board may reasonably rely upon records, statements, and representations from the Mayor, the Chief Financial Ocer, the District of Columbia Public Charter School Board, the Secretary of the Board of Education, or its successor, a participant or beneciary sworn in or acknowledged before an individual authorized to administer oaths, or presenting an adavit, certication, or other reasonably reliable proof regarding any matter aecting the rights and privileges of a participant or beneciary under the retirement program and post employment benet programs.
0.1.939
Denitions.
As used in this chapter:
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 1 The term Mayor means the Mayor of the District of Columbia. 2 The term Council means the Council of the District of Columbia.
731
3 The term Speaker means the Speaker of the House of Representatives. 4 The term President pro tempore means the President pro tempore of the Senate. 5 The term Board means the District of Columbia Retirement Board established by 1-711. 6 The term Custodian of Retirement Funds means the Board, except that until such time as the members of the Board are rst elected and the Board certies pursuant to 1-711(h) that it is assuming responsibility for the Funds established by this chapter, the term Custodian of Retirement Funds means the Director of the Oce of Budget and Financial Management of the District of Columbia (established by Organization Order No. 30, Commissioners Order No. 72-80, April 5, 1972). 6A The term good cause means board members not attending more than half of the scheduled board meetings in a 12 month period. 7 The term retirement program means: A The program of annuities and other retirement and disability benets for members and ocers of the Metropolitan Police force and the Fire Department of the District of Columbia, but does not include the program of annuities and other retirement and disability benets for members and ocers of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service Division under the Policemen and Firemens Retirement and Disability Act (D.C. Ocial Code, 5-701 et seq.); B The program of annuities and other retirement and disability benets for judges of the courts of the District of Columbia under subchapter III of Chapter 15 of Title 11 of the District of Columbia Code; or
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CONTENTS
C The program of annuities and other retirement and disability benets for teachers in the public day schools of the District of Columbia. 8 The term state means any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, and the Canal Zone. 9 The term party in interest means: A Any person (including a member of the Board) having duciary responsibilities under this chapter; B Any person providing services to a Fund; C The government of the District of Columbia; D An employee organization; and
E A spouse or domestic partner, ancestor, lineal descendant, or spouse or domestic partner of a lineal descendant of any individual described in subparagraph (A) or (B) of this paragraph. 10 The term Fund means the District of Columbia Police Ocers and Fire Fighters Retirement Fund established by 1-712, the District of Columbia Teachers Retirement Fund established by 1-713, or the District of Columbia Judges Retirement Fund established by 1-714. 11 The term current value means fair market value where available (as determined in good faith by a duciary in accordance with regulations promulgated by the Board), or otherwise the fair value (as determined in good faith by a duciary in accordance with regulations promulgated by the Board), assuming an orderly liquidation at the time of such determination. 12 The term future value means a liability for a given prior scal year expressed in terms of the price level expected to prevail in a given future scal year, adjusted at the rate of ination used with regard to determinations made under 1-722(a)(1).
733
13 The term qualied public accountant means a person who is a certied public accountant, certied by a regulatory authority of a state. 14 The term enrolled actuary means an actuary enrolled under subtitle C of Title III of the Employee Retirement Income Security Act of 1974. 15 The term security means a security as dened in 2(1) of the Securities Act of 1933. 16 The term employee organization means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which individuals covered by a retirement program participate and which exists for the purpose, in whole or in part, of dealing with the government of the District of Columbia concerning such retirement program. 17 18 The term teacher means a teacher as dened in 38-2021.13. The term judge means a judge as dened in 11-1561(1).
19 The term participant does not include an ocer or member of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service Division, to whom the Policemen and Firemens Retirement and Disability Act (D.C. Ocial Code, 5-701 et seq.) applies; and, unless the context requires otherwise, the term beneciary does not include a beneciary under such Act of any such ocer or member. 20 (A) The term duciary means, except as otherwise provided in subparagraph (B) of this paragraph, any individual who, with respect to a Fund: i Exercises any discretionary authority or discretionary control respecting management of such Fund or exercises any discretionary authority or discretionary control respecting management or disposition of its assets; ii Renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of such Fund, or has any authority or responsibility to do so; or
734
CONTENTS
iii Has any discretionary authority or discretionary responsibility in the administration of such Fund. B If any money or other property of a Fund is invested in securities issued by an investment company registered under title I of An Act To provide for the registration and regulation of investment companies and investment advisers, and for other purposes (15 U.S.C. 80a-1 et seq.) (Investment Company Act of 1940), that investment shall not by itself cause the investment company or the investment companys adviser or principal underwriter to be deemed to be a duciary or a party in interest as those terms are dened in this chapter. Nothing contained in this subparagraph shall limit the duties imposed on that investment company, investment adviser, or principal underwriter by any other law. 21 The term governing authority means, without limitation, any statutes, laws, amendments, resolutions, rules, regulations, policies, and procedures that govern the management and administration of the retirement program and management and control of the Funds. 22 The term post employment benet programs means health insurance benet plans applicable under 1-621.01, health benets plans authorized under 1-621.05, life insurance benets applicable under 1-622.01, and life insurance benets authorized under 1-622.03. 23 The term Trust Document means the document that contains all the current statutes, laws, resolutions, rules, regulations, policies, and procedures by which authority the Board shall administer the retirement program and manage and control the Funds. 24 The term pooled or commingled real estate investment vehicle means any real estate investment structure or conveyance formed for the purpose of combining assets of multiple investors in order to achieve greater diversication than could be achieved by any single investor on a stand-alone basis. 25 The term domestic partner shall have the same meaning as provided in 32-701(3).
735
0.1.940
Filing reports and furnishing information to participants.
The Board and the Mayor shall permit any accountant or actuary so retained to inspect whatever books and records of the Fund and the retirement program are necessary for performing such audit or preparing such statement. a (1) The Board shall le with the Mayor, the Council, the Speaker, and the President pro tempore: (A) the annual reports for a scal year within 210 days after the end of such year; (B) a copy of each summary description of a retirement program within 1 year after the date of the enactment of this chapter; and (C) a revised summary description of a retirement program, incorporating any material modication in the terms of the retirement program, within 60 days after such modication is adopted or occurs. The Mayor shall make copies of such retirement program descriptions and annual reports available for public inspection in an appropriate location. The Board shall also furnish to the Mayor, the Council, the Speaker, and the President pro tempore, upon request, any documents relating to the retirement program or the Fund, including any bargaining agreement, trust agreement, contract, or other instrument under which the retirement program or Fund is operated. 2 (A) The Mayor or the Council may reject any ling under this section within 30 days of such ling: i Upon determining that such ling is incomplete for purposes of this chapter; or ii Upon determining that there is any material qualication by an accountant or actuary contained in an opinion submitted pursuant to 1732(a)(3)(A) or 1-732(a)(4)(B). B If the Mayor or the Council rejects a ling of a report under subparagraph (A) of this paragraph, and if a revised ling satisfactory to the Mayor or the Council is not submitted within 45 days after the determination under subparagraph (A) of this paragraph to reject the ling is made, and if the Mayor or the Council considers it in the best interest of the participants, then the Mayor or the Council may take any 1 or more of the following actions: (i) Retain an independent qualied public accountant on behalf of the
736
CONTENTS
participants to perform an audit; (ii) retain an enrolled actuary on behalf of the participants to prepare an actuarial statement; or (iii) bring a civil action for such legal or equitable relief as may be appropriate to enforce the provisions of this chapter. The Board shall permit any accountant or actuary so retained to inspect whatever books and records of the Fund are necessary for such audit. 3 (A) The Congress may reject any ling under this section within 30 days of such ling by enacting into law a joint resolution stating that the Congress has determined: i That such ling is incomplete for purposes of this subchapter; or
ii That there is any material qualication by an accountant or actuary contained in an opinion submitted pursuant to 1-732(a)(3)(A) or 1- 732(a)(4)(B). B If the Congress rejects a ling under subparagraph (A) of this paragraph and if either a revised ling is not submitted within 45 days after the enactment under subparagraph (A) of this paragraph rejecting the initial ling or such revised ling is rejected by the Congress by enactment into law of a joint resolution within 30 days after submission of the revised ling, then the Congress may, if it deems it is in the best interests of the participants, take any 1 or more of the following actions: i Retain an independent qualied public accountant on behalf of the participants to perform an audit; or ii Retain an enrolled actuary on behalf of the participants to prepare an actuarial statement. C If a revised ling is rejected under subparagraph (B) of this paragraph or if a ling required under this chapter is not made by the date specied, no funds appropriated for the Fund with respect to which such ling was required as part of the federal payment may be paid to the Fund until such time as an acceptable ling is made. For purposes of this subparagraph, a ling is unacceptable if, within 30 days of its submission, the Congress enacts into law a joint resolution disapproving such ling.
737
b Publication of the summary retirement program descriptions and annual reports shall be made to participants and beneciaries as follows: 1 The Board shall furnish to each participant, and to each beneciary receiving benets under the retirement program, a copy of the summary retirement program description and all modications and changes referred to in 1-733(a) within 90 days after he becomes a participant or in the case of a beneciary, within 90 days after he rst receives benets. The Board shall furnish to each participant, and to each beneciary receiving benets under the retirement program, every 5th year an updated summary retirement program description described in 1-733 which integrates all retirement program amendments made within such 5-year period, except that in a case where no amendments have been made to a retirement program during such 5-year period this sentence shall not apply. Notwithstanding the foregoing sentence, the Board shall furnish to each participant, and to each beneciary receiving benets under the retirement program, the summary retirement program description described in 1-733 every 10th year. If there is a modication or change described in 1-733(a) a summary description of such modication or change shall be furnished to each participant and to each beneciary who is receiving benets under the retirement program not later than 210 days after the end of the scal year in which the change is adopted. 2 The Board shall make copies of the latest annual report and of any bargaining agreement, trust agreement, contract, or other instruments under which the retirement program or the Fund is operated available for examination by any participant or beneciary in the principal oce of the Board and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Council may by regulation prescribe). 3 Within 210 days after the close of the scal year, the Board shall furnish to each participant, and to each beneciary receiving benets under the retirement program, a copy of the statements and schedules described in subparagraphs (A) and (B) of 1-732(b)(2) for such scal year and such other material as is necessary to fairly summarize the latest annual report. 4 The Board shall, upon written request of any participant or beneciary, furnish a copy of the latest updated summary retirement program description, the latest annual report, and any bargaining agreement, trust agree-
738
CONTENTS
ment, contract, or other instruments under which the retirement program or Fund is operated. The Board may make a reasonable charge to cover the cost of furnishing such copies. The Council may by regulation prescribe the maximum amount that will constitute a reasonable charge under the preceding sentence. c The Council may by regulation require that the Board furnish to each participant and to each beneciary receiving benets under a retirement program a statement of the rights of participants and beneciaries under this chapter.
0.1.941 0.1.942
District of Columbia Retirement Funds. Federal information sharing for verication of benet determinations.
a In general. Except with respect to taxpayer returns and return information subject to 6103 of the Internal Revenue Code of 1986, the Secretary may: 1 Secure directly from any department or agency of the United States information necessary to enable the Secretary to verify or conrm benet determinations under this chapter; and 2 By regulation authorize the Trustee to review such information for purposes of administering this chapter and the contract. b Omitted.
c Condentiality. The Secretary may issue regulations governing the condentiality of the information obtained pursuant to subsection (a) of this section and the provisions of law amended by 11024(b) of the District of Columbia Retirement Protection Act of 1997.
0.1.943
Transfer of and access to records of District Government.
a In general. Within 30 days after the Secretary or the Trustee requests, the District Government shall furnish copies of all records, documents, information, or data the Secretary or the Trustee deems necessary to carry
739
out responsibilities under this chapter and the contract. Upon request, the District Government shall grant the Secretary or the Trustee direct access to such information systems, records, documents, information or data as the Secretary or Trustee requires to carry out responsibilities under this chapter or the contract. b Repayment by District Government. The District Government shall reimburse the Trust Fund for all costs, including benet costs, that are attributable to errors or omissions in the transferred records that are identied within 3 years after such records are transferred.
0.1.944
Procedures for resolving claims arising from denied benet payments.
a Requiring notice and opportunity for review. In accordance with procedures approved by the Secretary, the Trustee shall provide to any individual whose claim for a Federal benet payment under this chapter has been denied in whole or in part: 1 Adequate written notice of such denial, setting forth the specic reasons for the denial in a manner calculated to be understood by the average participant in the District Retirement Program; and 2 A reasonable opportunity for a full and fair review of the decision denying such claim. b Standard for review. Any factual determination made by the Trustee shall be presumed correct unless rebutted by clear and convincing evidence. The Trustees interpretation and construction of the benet provisions of the District Retirement Program and this chapter shall be entitled to great deference.
0.1.945
Determination of eligibility for and amount of Federal benet payments made by Trustee.
Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee: 1 Shall determine whether an individual is eligible to receive a Federal benet payment under this chapter;
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CONTENTS
2 Shall determine the amount and form of an individuals Federal benet payment under this chapter; and 3 May recoup or recover, or waive recoupment or recovery of, any amounts paid under this chapter as a result of errors or omissions by the Trustee, the District Government, or any other person.
0.1.946
Severability of provisions.
If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be aected thereby.
0.1.947
Obligation of federal government to make benet payments.
a In general. In accordance with the provisions of this chapter, the Federal Government shall make Federal benet payments associated with the pension plans for police ocers, reghters, and teachers of the District of Columbia. b No reversion of federal responsibility to District. At no point after the eective date of this chapter may the responsibility or any part thereof assigned to the federal Government under subsection (a) of this section for making Federal benet payments revert to the District of Columbia.
0.1.948
Denitions.
For purposes of this chapter, the following denitions shall apply: 1 The term contract means the contract under 1-807.05 between the Secretary and the Trustee, and includes any agreement with a department, agency, or instrumentality of the United States entered into under that section. 2 The term covered District employee means a teacher of the District of Columbia public schools, or a member of the Metropolitan Police Force or the Fire Department of the District of Columbia, as dened under the District Retirement Program.
741
3 The term D.C. Federal Pension Fund means the District of Columbia Teachers, Police Ocers, and Fireghters Federal Pension Fund established under 1-817.01. 4 The term District Government means any entity treated as part of the District government under 47-393(5), including the District of Columbia Retirement Board (as dened in 1-702(5)). 5 The term District Retirement Fund means the District of Columbia Police Ocers and Fire Fighters Retirement Fund and the District of Columbia Teachers Retirement Fund, as dened in the Reform Act. 6 The term District Retirement Program means any of the retirement programs for teachers and members of the Metropolitan Police Force and Fire Department, as described in 1-702(7) as in eect on the day before the freeze date (except as provided under 1-803.02(e) and (f) and as amended by 11013 of the District of Columbia Retirement Protection Act of 1997). 7 The term enrolled actuary means the enrolled actuary engaged by the Trustee under 1-813.01(a). 8 The term Federal benet payment means a payment described in 1803.02. 9 The term Federal Supplemental Fund means the Federal Supplemental District of Columbia Pension Fund created under 1-811.01. 10 The term freeze date means June 30, 1997.
11 The term person means an individual; partnership; joint venture; corporation; mutual company; joint-stock company; trust; estate; unincorporated organization; association; employee organization; or department, agency, or instrumentality of the United States. 12 The term Reform Act means the District of Columbia Retirement Reform Act (Public Law 96-122). 13 The term replacement plan means the plan described in 1-809.02.
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CONTENTS
14 The term replacement plan adoption date means the date upon which the legislation establishing the replacement plan becomes eective, or the rst day after the expiration of the 1-year period which begins on August 5, 1997, whichever occurs rst. 15 The term Trust Fund means the District of Columbia Federal Pension Liability Trust Fund established under 1-807.01. 16 The term Secretary means the Secretary of the Treasury or the Secretarys designee. 17 The term Trustee means the person or persons selected by the Secretary under 1-807.05, or, beginning October 1, 2004, the Pension Fund Trustee selected by the Secretary under 1-817.05.
0.1.949
a
Findings and declaration of policy.
Findings. The Congress nds that:
1 State and municipal retirement programs should be funded on an actuarially sound basis; 2 The retirement programs for the police ocers and reghters, teachers and judges of the District of Columbia had signicant unfunded liabilities totaling approximately $1,900,000,000 when the Federal government transferred those programs to the District of Columbia, and those liabilities have since increased to nearly $4,800,000,000, an increase which is almost entirely attributable to the accumulation of interest on the value which existed at the time of transfer; 3 The District of Columbia has fully met its nancial obligations under the District of Columbia Retirement Reform Act of 1979 (Public Law 96-122); 4 The growth of the unfunded liabilities of the three pension funds listed above did not occur because of any action taken or any failure to act that lay within the power of the District of Columbia government or the District of Columbia Retirement Board;
743
5 The presence of the unfunded pension liability is having and will continue to have a negative impact on the District of Columbias credit rating as it is a legal obligation and the total unfunded liability exceeds the total General Obligation debt of the District, and the costs associated with this liability are a contributing cause of the Districts ongoing nancial crisis; 6 The obligations of the District associated with these pension programs in scal year 1997 represents nearly 10 percent of the Districts revenue; 7 The annual Federal contribution toward these costs under the District of Columbia Retirement Reform Act has remained $52,000,000; 8 If the unfunded pension liability situation is not resolved, in 2004 the District of Columbia would be responsible for annual costs exceeding $800,000,000, a gure which would be impossible to meet without catastrophic impact on the District governments resources and programs; 9 The nancial resources of the District of Columbia are not adequate to discharge the unfunded liabilities of the retirement programs; and 10 The level of benets and funding of the current retirement programs were authorized by various Acts of Congress. b Policy. It is the policy of this chapter:
1 To relieve the District of Columbia government of the responsibility for the unfunded pension liabilities transferred to it by the Federal government; 2 For the Federal government to assume the legal responsibility for paying certain pension benets (including certain unfunded pension liabilities which existed as of the day prior to introduction of this legislation) for the retirement plans of teachers, police, and reghters; 3 To provide for a responsible Federal system for payment of benets accrued prior to the date of introduction of this legislation; and 4 To require the establishment of replacement plans by the District of Columbia government for the current retirement plans for teachers, and police and reghters.
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CONTENTS
0.1.950
Transition from District of Columbia administration.
Sections 1-805.03, 1-807.02(b)(2), 1-807.03(d), and 1-809.01 shall apply to the administration of the District of Columbia Judges Retirement Fund established under 1-714, the District of Columbia Judicial Retirement and Survivors Annuity Fund established under 11-1570, and the retirement program for judges under subchapter III of Chapter 15 of Title 11, except as follows: 1 In applying section: A Any reference to this chapter shall instead refer to subchapter III of Chapter 15 of Title 11; B Any reference to the District Retirement Program shall be deemed to include the retirement program for judges under subchapter III of Chapter 15 of Title 11; C Any reference to the District Retirement Fund shall be deemed to include the District of Columbia Judges Retirement Fund established under 1-714; D Any reference to federal benet payments shall be deemed to include judges retirement pay, annuities, refunds, and allowances under subchapter III of Chapter 15 of Title 11; E Any reference to the Trust Fund shall instead refer to the District of Columbia Judicial Retirement and Survivors Annuity Fund established under 11-1570; F Any reference to 1-807.03 shall instead refer to 1-714; and G Any reference to subchapter II shall instead refer to 11-1570. 2 In applying 1-805.03: A Any reference to the contract shall instead refer to the agreement referred to in 11-1570(b); and
745
B Any reference to the Trustee shall instead refer to the Trustee or contractor referred to in 11-1570(b). 3 In applying 1-809.01(d): A Any reference to this section shall instead refer to 1-714; and
B Any reference to the Trustee shall instead refer to the Secretary or the Trustee or contractor referred to in 11-1570(b). 4 In applying 1-765.1(b), any reference to the Trustee shall instead refer to the Trustee or contractor referred to in 11-1570(b).
0.1.951
Full faith and credit.
Federal obligations for benets under this chapter are backed by the full faith and credit of the United States.
0.1.952 0.1.953
[Reserved] Eect on Reform Act and other laws.
a Reform Act. This chapter supersedes any provision of the Reform Act inconsistent with this chapter and the regulations thereunder. b No eect on tax treatment of benets. Except as otherwise specically provided, nothing in this chapter may be construed to aect the application of any provision of the Internal Revenue Code of 1986 to any annuity or other benet provided to or on behalf of any individual, including any disability benet or any portion of a retirement benet attributable to an individuals disability status. c No eect on benets for Park Police and Secret Service. Nothing in this chapter shall be deemed to alter or amend in any way the provisions of existing law (including the Reform Act) relating to the program of annuities, other retirement benets, or medical benets for members and ocers, retired members and ocers, and survivors thereof, of the United States Park Police force, the United States Secret Service, or the United States Secret Service Uniformed Division.
746
CONTENTS
0.1.954
Issuance of regulations by Secretary.
The Secretary is authorized to issue regulations to implement, interpret, administer and carry out the purposes of this chapter, and, in the Secretarys discretion, those regulations may have retroactive eect.
0.1.955
Study of alternatives for nancing Federal obligations.
a In general. As soon as practicable after the date of the enactment of this chapter, the Secretary shall enter into a contract with an independent consultant to conduct a study of actuarial alternatives for nancing the federal obligations assumed under this chapter, together with an analysis of the impact of each alternative on the federal budget. The Secretary and the District Government shall cooperate with the consultant and shall provide direct access to such information systems, records, documents, information, or data as will enable the consultant to conduct the study. b Deadline. The contract entered into under subsection (a) of this section shall require the consultant to report the results of the study not later than 12 months after the date of enactment of this act. c No eect on Federal obligations. Nothing in this section may be construed to aect any obligation of the Federal Government to make payments under this chapter.
0.1.956
Coordination between Secretary, Trustee, and District Government.
The Secretary, Trustee, and District Government shall carry out responsibilities under this chapter and under the contract in a manner which promotes the cost-eective and ecient administration of benet payments under the District Retirement Programs, and in a manner which avoids unnecessary interruptions and delays in paying individuals the full benets to which they are entitled under such Programs.
0.1.957
Applicability of other provisions to D.C. Federal Pension Fund.
The following provisions of this chapter shall apply with respect to the D.C. Federal Pension Fund in the same manner as such provisions applied with
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) respect to the Trust Fund prior to October 1, 2004:
747
1 1-805.03(b) (relating to the repayment by the District Government of costs attributable to errors or omissions in transferred records). 2 1-807.04 (relating to the treatment of the Trust Fund under certain laws). 3 1-813.01 (relating to annual valuations and reports by the enrolled actuary), except that in applying 1-813.01(b) to the D.C. Federal Pension Fund, the annual report required under such section shall include a determination of the annual payment to the D.C. Federal Pension Fund under 1-817.04. 4 5 1-813.02 (relating to reports by the Comptroller General). 1-815.01 (relating to judicial review).
6 1-815.04 (relating to the treatment of misappropriation of Trust Fund amounts as a Federal crime).
0.1.958
Administration through Pension Fund Trustee.
a In general. The Secretary shall select a Pension Fund Trustee to carry out the responsibilities and duties specied in this subchapter in accordance with the contract described in subsection (b) of this section. b Contract. The Secretary shall enter into a contract with the Pension Fund Trustee to provide for the auditing of D.C. Federal Pension Fund assets, the making of Federal benet payments under this chapter from the D.C. Federal Pension Fund, and such other matters as the Secretary deems appropriate. The Secretary shall enforce the provisions of the contract and otherwise monitor the administration of the D.C. Federal Pension Fund. c Subcontracts. Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Pension Fund Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to
748
CONTENTS
the Pension Fund Trustee in connection with its performance of the contract. The Pension Fund Trustee shall monitor the performance of any such subcontract and enforce its provisions. d Determination by the Secretary. Notwithstanding subsection (b) of this section or any other provision of this chapter, the Secretary may determine, with respect to any function otherwise to be performed by the Pension Fund Trustee, that in the interest of economy and eciency such function shall be performed by the Secretary rather than the Pension Fund Trustee. e Reports. The Pension Fund Trustee shall report to the Secretary, in a form and manner and at such intervals as the Secretary may prescribe, on any matters under the responsibility of the Pension Fund Trustee as the Secretary may prescribe.
0.1.959
a
Determination of annual federal payments into D.C. Federal Pension Fund.
Annual amortization amount.
1 In general. At the end of each scal year (beginning with scal year 2005), the Secretary shall promptly pay into the D.C. Federal Pension Fund from the general fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero). 2 Determination of amount. For purposes of paragraph (1) of this paragraph; A The original unfunded liability is the present value, as of December 23, 2004, of expected future benets payable from the Federal Supplemental Fund; and B The annual amortization amount means the amount determined by the enrolled actuary to be necessary to amortize in equal annual installments (until fully amortized): i ii The original unfunded liability over a 30-year period; A net experience gain or loss over a 10-year period; and
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) iii Any other changes in actuarial liability over a 20-year period.
749
3 Schedule for amortization. In determining the annual amortization amount under paragraph (2)(B) of this subsection, the enrolled actuary shall include amounts necessary to complete the amortization schedules used for determining the annual amortization amount for payments into the Federal Supplemental Fund under 1-811.03 (as in eect prior to the enactment of this subchapter). b Administrative expense. During each scal year (beginning with scal year 2009), the Secretary shall pay into the D.C. Federal Pension Fund from the general fund of the Treasury the amounts necessary to pay the reasonable and necessary administrative expenses described in 1-817.02(a)(2) for the year.
0.1.960
Transfer of assets and obligations of trust fund and federal supplemental fund.
a Transfer of obligations. Eective October 1, 2004, all obligations to make Federal benet payments shall be transferred from the Trust Fund to the D.C. Federal Pension Fund. b Transfer of assets. Eective October 1, 2004, all assets of the Trust Fund and all assets of the Federal Supplemental Fund as of such date shall be transferred to the D.C. Federal Pension Fund.
0.1.961
a
Uses of amounts in fund.
In general. Amounts in the D.C. Federal Pension Fund shall be used:
1 To make Federal benet payments under this chapter; 2 Subject to subsection (b) of this section, to cover the reasonable and necessary administrative expenses incurred by any person in administering the D.C. Federal Pension Fund and carrying out this subchapter; 3 For the accumulation of funds in order to nance obligations of the Federal Government for future benets; and 4 For such other purposes as are specied in this chapter.
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CONTENTS
b Budgeting, certication, and approval of administrative expenses. The administrative expenses of the D.C. Federal Pension Fund shall be paid in accordance with an annual budget set forth by the Pension Fund Trustee which shall be subject to certication and approval by the Secretary.
0.1.962
Creation of fund.
a Establishment. There is established on the books of the Treasury the District of Columbia Teachers, Police Ocers, and Fireghters Federal Pension Fund (hereafter referred to as the D.C. Federal Pension Fund), consisting of the following: 1 The assets transferred pursuant to 1-817.03. 2 The annual Federal payments deposited pursuant to 1-817.04. 3 Any amounts otherwise appropriated to such Fund. 4 Any income earned on the investment of the assets of such Fund pursuant to subsection (b) of this section. b Investment of assets. The Secretary shall invest such portion of the assets of the D.C. Federal Pension Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the D.C. Federal Pension Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. c Recordkeeping for actuarial status. The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the D.C. Federal Pension Fund.
0.1.963
Treatment of misappropriation of fund amounts as Federal crime.
The provisions of 664 of Title 18, United States Code (relating to theft or embezzlement from employee benet plans), shall apply to the Trust Fund and the Federal Supplemental Fund.
751
0.1.964
Statute of limitations.
a Action for benets. Any civil action by an individual with respect to a Federal benet payment under this chapter shall be commenced within 180 days of a nal benet determination. b Action for breach of contract or other violations. Except as provided in subsection (c) of this section, any civil action for breach of the contract or any other violation of this chapter shall be commenced within the later of: 1 Six years after the last act that constituted the alleged breach or violation or, in the case of an omission, six years after the last date on which the alleged breach or violation could have been cured; or 2 Three years after the earliest date on which the plainti knew or could have reasonably been expected to have known of the act or omission on which the action is based. c Special rule for actions against Secretary. Notwithstanding subsection (b) of this section, any action against the Secretary arising (in whole or part) under this chapter or the contract shall be commenced within one year of the events giving rise to the cause of action.
0.1.965
Jurisdiction and venue.
a In general. The United States District Court for the District of Columbia shall have exclusive jurisdiction and venue, regardless of the amount in controversy, of: 1 Civil actions brought by participants or beneciaries pursuant to this chapter, and 2 Any other action otherwise arising (in whole or part) under this chapter or the contract. b Review by Court of Appeals. Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia issued pursuant to an action described in subsection (a) of this section that concerns the validity or enforceability of any provision of this
752
CONTENTS
chapter or seeks injunctive relief against the Secretary or Trustee under this chapter shall be reviewable only pursuant to a notice of appeal to the United States Court of Appeals for the District of Columbia Circuit. c Review by Supreme Court. Notwithstanding any other provision of law, review by the Supreme Court of the United States of a decision of the Court of Appeals that is issued pursuant to subsection (b) of this section may be had only if the petition for relief is led within 20 calendar days after the entry of such decision. d Restrictions on declaratory or injunctive relief. No order of any court granting declaratory or injunctive relief against the Secretary or the Trustee shall take eect during the pendency of the action before such court, during the time an appeal may be taken, or (if an appeal is taken or petition for certiorari led) during the period before the court has entered its nal order disposing of the action.
0.1.966
a
Judicial review.
In general. A civil action may be brought:
1 By a participant or beneciary to enforce or clarify rights to benets from the Trust Fund or Federal Supplemental Fund under this chapter; 2 By the Trustee: A To enforce any claim arising (in whole or in part) under this chapter or the contract; or B To recover benets improperly paid from the Trust Fund or Federal Supplemental Fund or to clarify a participants or beneciarys rights to benets from the Trust Fund or Federal Supplemental Fund; and 3 By the Secretary to enforce any provision of this chapter or the contract. b Treatment of Trust Fund. The Trust Fund may sue and be sued as an entity.
753
c Exclusive remedy. This subchapter shall be the exclusive means for bringing actions against the Trust Fund, the Trustee, or the Secretary under this chapter.
0.1.967
Reports by Comptroller General.
a In general. The Comptroller General is authorized to conduct evaluations of the administration of this chapter to ensure that the Trust Fund and Federal Supplemental Fund are being properly administered and shall report the ndings of such evaluations to the Secretary and the Congress. b Access to information. For the purpose of evaluations under subsection (a) of this section the Comptroller General, subject to 6103 of the Internal Revenue Code of 1986, shall have access to and the right to copy any books, accounts, records, correspondence or other pertinent documents that are in the possession of the Secretary or the Trustee, or any contractor or subcontractor of the Secretary or the Trustee.
0.1.968
Annual valuations and reports by enrolled actuary.
a Determination of actuarial valuations. The Trustee shall engage an enrolled actuary (as dened in 7701(a)(35) of the Internal Revenue Code of 1986) who is a member of the American Academy of Actuaries to perform an annual actuarial valuation (in a manner and form determined by the Secretary) of the Trust Fund and the Federal Supplemental Fund for obligations assumed by the Federal Government under this chapter. b Annual report on status of Funds. The enrolled actuary shall prepare and submit to the Secretary and the Trustee an annual report on the actuarial status of the Trust Fund and the Federal Supplemental Fund, and shall include in the report: 1 A projection of when assets in the Trust Fund will be insucient to pay benets and necessary administrative expenses when due; and 2 A determination of the annual payment to the Federal Supplemental Fund under 1-811.03.
754
CONTENTS
0.1.969
Termination of federal supplemental fund.
Eective upon the transfer of the assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund under 1-817.03: 1 The Federal Supplemental Fund shall terminate; and 2 Any duty imposed on any person with respect to the Federal Supplemental fund shall terminate.
0.1.970
Special requirements upon discontinuation of Trust Fund.
a Successor to Trustee. If the Secretary determines that the Trust Fund shall be discontinued after it has been depleted of assets, the Secretary shall appoint a successor to the Trustee to administer the requirements of this chapter, with the same powers and subject to the same conditions as were applicable to the Trustee. b Continuing application of terms and conditions. The methodology selected by the Secretary under 1-811.04(b), and the payment of benets pursuant to such methodology, shall be subject to the same arrangements, terms, and conditions as were applicable under this chapter to the Trust Fund and the benets paid under the Trust Fund (including provisions relating to the treatment of the Trust Fund under certain laws).
0.1.971
Determination of methodology for making payments.
a Notice to President and Congress. Not later than 18 months before the time that assets remaining in the Trust Fund are projected to be insucient for making Federal benet payments and covering necessary administrative expenses when due, the Secretary shall so advise the President and the Congress. b Selection of methodology. Before all available assets of the Trust Fund have been depleted, the Secretary shall determine whether Federal benet payments and necessary administrative expenses under this chapter shall be made by one of the following methods:
755
1 Continuation of the Trust Fund using payments from the Federal Supplemental Fund. 2 Discontinuation of the Trust Fund, with payments made: A By direct payment by the Secretary from the Federal Supplemental Fund; or B From the Federal Supplemental Fund through another department or agency of the United States. c Arrangements by Secretary. The Secretary shall make appropriate arrangements to implement the determinations made in this section.
0.1.972
Determination of annual payment into Federal Supplemental Fund.
a Annual amortization amount. At the end of each applicable scal year the Secretary shall promptly pay into the Federal Supplemental Fund from the General Fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero). b Administrative expenses. During each applicable scal year, the Secretary shall pay into the Federal Supplemental Fund from the General Fund of the Treasury amounts not to exceed the covered administrative expenses for the year. c Determination of amounts. For purposes of this section:
1 The original unfunded liability is the amount that is the present value as of October 21, 1998 of future benets payable from the Federal Supplemental Fund. 2 The annual amortization amount is the amount determined by the enrolled actuary to be necessary to amortize in equal annual installments (until fully amortized): A The original unfunded liability over a 30-year period;
756 B A net experience gain or loss over a 10-year period; and
CONTENTS
C Any other changes in actuarial liability over a 20-year period. 3 The covered administrative expenses are the expenses determined by the Secretary (on an annual basis) to be necessary to administer the Federal Supplemental Fund. d Timing. The rst applicable scal year under subsection (a) of this section is the rst scal year that ends more than six months after the replacement plan adoption date.
0.1.973
Uses of amounts in Fund.
Amounts in the Federal Supplemental Fund shall be used for the accumulation of funds in order to nance obligations of the Federal Government for benets and necessary administrative expenses under the provisions of this chapter, in accordance with the methodology selected by the Secretary under 1- 811.04(b), except that payments from the Fund for administrative expenses may be made only to the extent and in such amounts as are provided in advance in appropriations acts.
0.1.974
Creation of Federal Supplemental Fund.
a Establishment. There is established on the books of the Treasury the Federal Supplemental District of Columbia Pension Fund, which shall be administered by the Secretary and shall consist of the following assets: 1 Amounts deposited into such Fund under the provisions of this chapter. 2 Any amount otherwise appropriated to such Fund. 3 Any income earned on the investment of the assets of such Fund pursuant to subsection (b) of this section. b Investment of assets. The Secretary shall invest such portion of the Federal Supplemental Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Federal Supplemental Fund, as determined by the Secretary, and bearing interest at rates
757
determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. c Recordkeeping for actuarial status. The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the Federal Supplemental Fund.
0.1.975
Replacement plan.
a Adoption by District Government. Not later than one year after August 5, 1997, the District Government shall adopt a replacement plan for pension benets for covered District employees, eective as of the freeze date. b Replacement plan imposed if District Government fails to adopt plan. If the District Government fails to adopt a replacement plan within the period prescribed in subsection (a) of this section, the retirement program applicable to police, reghters, and teachers under the laws of the District of Columbia in eect as of June 1, 1997 (except as otherwise amended by this act), including all requirements of the program regarding benets, contributions, and cost-of-living adjustments, shall be treated as the replacement plan for purposes of this chapter. c No payment of amounts paid as Federal benet payment. Notwithstanding any provision of the Reform Act or any other law, rule, or regulation, the District Government is not required to pay any amount under any replacement plan under this chapter if the amount is paid as a Federal benet payment under this chapter.
0.1.976
Interim administration.
a Administration of benets until appointment of trustee. Notwithstanding subchapter II of this chapter, after the enactment of this chapter the District Government shall continue to discharge its duties and responsibilities under the District Retirement Program and the District Retirement Fund (as such duties and responsibilities are modied by this chapter), including the responsibility for Federal benet payments, until such time as the Secretary noties the District Government that the Secretary has directed
758
CONTENTS
the Trustee to carry out the duties and responsibilities required under the contract. b Reimbursement. The Secretary or the Trustee shall, at such times during or after the period of interim administration described in subsection (a) of this section as are deemed appropriate by the Secretary or the Trustee, reimburse the District Government for any administrative expenses incurred by the District Government in carrying out subsection (a) of this section: 1 If the Secretary or the Trustee nds such expenses to be reasonable and necessary; and 2 To the extent that the District Government is not reimbursed for such expenses from other sources. c Making District Retirement Fund whole. The District Government shall reimburse the District Retirement Fund for any benets paid inconsistent with this chapter from the District Retirement Fund between the freeze date and such time as the Secretary noties the District government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract.
0.1.977
Termination of trust fund.
Eective upon the transfer of the obligations and assets of the Trust Fund to the D.C. Federal Pension Fund under 1-817.03: 1 The Trust Fund shall terminate; and 2 The obligation to make Federal benet payments from the Trust Fund, and any duty imposed on any person with respect to the Trust Fund, shall terminate.
0.1.978
Administration through Trustee.
a In general. As soon as practicable after the enactment of this chapter, the Secretary shall select a Trustee to administer the Trust Fund and otherwise carry out the responsibilities and duties specied in this chapter in accordance with the contract described in subsection (b) of this section.
759
b Contract. The Secretary shall enter into a contract with the Trustee to provide for the management, investment, control and auditing of Trust Fund assets, the making of Federal benet payments under this chapter from the Trust Fund, and such other matters as the Secretary deems appropriate. The Secretary shall enforce the provisions of the contract and otherwise monitor the administration of the Trust Fund. c Subcontracts. Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Trustee in connection with its performance of the contract. The Trustee shall monitor the performance of any such subcontract and enforce its provisions. d Determination by the Secretary. Notwithstanding subsection (b) or any other provision of this chapter, the Secretary may determine, with respect to any function otherwise to be performed by the Trustee, that in the interest of economy and eciency such function shall be performed by the Secretary rather than the Trustee. e Reports. The Trustee shall report to the Secretary, in a form and manner and at such intervals as the Secretary may prescribe, on any matters or transactions relating to the Trust Fund, including nancial matters, as the Secretary may require.
0.1.979
Treatment of Trust Fund under certain laws.
a Internal Revenue Code. For purposes of the Internal Revenue Code of 1986: 1 The Trust Fund shall be treated as a trust described in 401(a) of the Code which is exempt from taxation under 501(a) of the Code; 2 Any transfer to or distribution from the Trust Fund shall be treated in the same manner as a transfer to or distribution from a trust described in 401(a) of the Code; and 3 The benets provided by the Trust Fund shall be treated as benets provided under a governmental plan maintained by the District of Columbia.
760
CONTENTS
b ERISA. For purposes of the Employee Retirement Income Security Act of 1974, the benets provided by the Trust Fund shall be treated as benets provided under a governmental plan maintained by the District of Columbia. c Application of certain future amendments to Internal Revenue Code. To the extent that any provision of subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 401 et seq.) is amended August 5, 1997, such provision as amended shall apply to the Trust Fund only to the extent the Secretary determines that application of the provision as amended is consistent with the administration of this chapter.
0.1.980
Transfer of assets and obligations of District Retirement Funds.
a In general. As of the replacement plan adoption date, all obligations to make Federal benet payments and all assets of the District Retirement Fund as of the replacement plan adoption date (except as provided in subsections (b) and (c) of this section) shall be transferred to the Trust Fund. b Designation of assets to be retained by District Retirement Fund. The Secretary shall designate assets with a value of $1.275 billion that shall not be transferred from the District Retirement Fund under subsection (a) of this section. The Secretarys designation and valuation of the assets shall be nal and binding. c Exception for certain employee contributions.
1 In general. Subsection (a) of this section shall not apply to assets of the District Retirement Fund consisting of any employee contributions deducted and withheld after the freeze date or any interest thereon (computed at a rate and in a manner determined by the Secretary). 2 Employee contributions dened. In paragraph (1) of this subsection, the term employee contributions means amounts deducted and withheld from the salaries of covered District employees and paid to the District Retirement Fund (and, in the case of teachers, amounts of additional deposits paid to the District Retirement Fund), pursuant to the District Retirement Program.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) d Responsibilities of District Government.
761
1 In general. The transfer of assets from the District Retirement Fund under this section shall be made in accordance with the direction of the Secretary. The District Government shall promptly take all steps, and execute all documents, that the Secretary deems necessary to eect the transfer.
2 Final reconciliation of accounts. As soon as practicable after the replacement plan adoption date, the District Government shall furnish the Trustee a nal reconciliation of accounts in connection with the transfer of assets and obligations to the Trust Fund. The allocation of assets under this section shall be adjusted in accordance with this reconciliation.
Methodology for designating assets.
1 In general. In carrying out subsection (b), the Secretary may develop and implement a methodology for designating assets after the replacement plan adoption date that takes into account the value of the District Retirement Fund as of the replacement plan adoption date and the proportion of such value represented by $1.275 billion, together with the income (including returns on investments) earned on the assets of and withdrawals from and deposits to the Fund during the period between such date and the date on which the Secretary designates assets under subsection (b). In implementing a methodology under the previous sentence, the Secretary shall not be required to determine the value of designated assets as of the replacement plan adoption date. Nothing in this paragraph may be deemed to eect the entitlement of the District Retirement Fund to income (including returns on investments) earned after the replacement plan adoption date on assets designated for retention by the Fund.
2 Employee contributions; Judicial Retirement and Survivors Annuity Fund. The Secretary may develop and implement a methodology comparable to the methodology described in paragraph (1) in carrying out the requirements of subsection (c) and in designating assets to be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund pursuant to 1- 714(c)(1).
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CONTENTS
3 Discretion of the Secretary. The Secretarys development and implementation of methodologies for designating assets under this subsection shall be nal and binding.
0.1.981
a
Uses of amounts in Trust Fund.
In general. Amounts in the Trust Fund shall be used:
1 To make Federal benet payments under this chapter; 2 subject to subsection (b)(1)of this section, to cover the reasonable and necessary expenses of administering the Trust Fund under the contract entered into pursuant to 1-807.05(b); 3 To cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretarys responsibilities under this chapter; and 4 For such other purposes as are specied in this chapter. b Special rules regarding administrative expenses.
1 Budgeting; certication and approval. The administrative expenses of the Trust Fund shall be paid in accordance with an annual budget set forth by the Trustee which shall be subject to certication and approval by the Secretary. 2 Use of District Retirement Fund for interim administration. The Secretary is authorized to requisition from the District Retirement Fund such sums as are necessary to administer the Trust Fund (including expenses described in 1-809.01(b)) until assets are transferred to the Trust Fund pursuant to 1-807.03.
0.1.982
Creation of Trust Fund.
a Establishment. There is established on the books of the Treasury the District of Columbia Federal Pension Liability Trust Fund, consisting of the assets transferred pursuant to 1-807.03 and any income earned on the investment of such assets pursuant to subsection (b) of this section.
763
b Investment of assets. The Trustee may invest the assets of the Trust Fund in private securities and any other form of investment deemed appropriate by the Secretary.
0.1.983
Federal benet payments described.
a In general. Subject to the succeeding provisions of this chapter, a Federal benet payment is any benet payment to which an individual is entitled under a District Retirement Program, in such amount and under such terms and conditions as may apply under such Program. b Treatment of service occurring after freeze date. Service after the freeze date shall not be credited for purposes of determining the amount of any Federal benet payment. Nothing in this subsection shall be construed to aect the crediting of such service for any other purpose under the District Retirement Program. c Special rule regarding disability benets. To the extent that any portion of a benet payment to which an individual is entitled under a District Retirement Program is based on a determination of disability made by the District Government or the Trustee after the freeze date, the Federal benet payment determined with respect to the individual shall be an amount equal to the deferred retirement benet or normal retirement benet the individual would receive if the individual left service on the day before the commencement of disability retirement benets. d Special rule regarding certain death benets.
1 In general. In the case of a benet payment to which an individual is entitled under a District Retirement Program which is payable on the death of a covered District employee or former covered District employee and which is not determined by the length of service of the employee or former employee, the Federal benet payment determined with respect to the individual shall be equal to the pre-freeze date percentage of the amount otherwise payable. 2 Pre-freeze date percentage dened. In paragraph (1) of this subsection, the pre-freeze date percentage with respect to a covered District employee or former covered District employee is the amount (expressed as a percentage) equal to the quotient of:
764
CONTENTS
A The number of months of the covered District employees or former covered District employees service prior to the freeze date; divided by B The total number of months of the covered District employees or former covered District employees service. e Treatment of increases in certain police service longevity payments. For purposes of subsection (a) of this section, in determining the amount of a Federal benet payment made to an ocer or member of the Metropolitan Police Department, the benet payment to which the ocer or member is entitled under the District Retirement Program shall include any amounts which would have been included in the benet payment under such Program if the amendments made by the Police Recruiting and Retention Enhancement Amendment Act of 1999 (D.C. Law 13-101) had taken eect prior to the freeze date. The Secretary of the Treasury is authorized to estimate the additional compensation for service longevity for purposes of determining the amount of a federal benet payment for annuitants who retire on or after August 29, 1972, and on or before December 31, 2001, and to make federal benet payments based upon such estimates. f Treatment of military service credit purchased by certain police and re retirees. For purposes of subsection (a) of this section, in determining the amount of a Federal benet payment made to an ocer or member, the benet payment to which the ocer or member is entitled under the District Retirement Program shall include any amounts which would have been included in the benet payment under such Program if the amendments made by the District of Columbia Military Retirement Equity Act of 2003 had taken eect prior to the freeze date.
0.1.984 0.1.985
Police Ocers, Fire Fighters, and Teachers Retirement Benet Replacement Plan. Information about retirement programs.
Upon a request of the Retirement Board, he Mayor, the Chief Financial Ocer, the Chairman of the District of Columbia Public Charter School Board, the President of the Board of Education, or their successors, shall furnish to the Retirement Board information with respect to retirement programs and post employment benet programs to which this chapter applies
765
as the Retirement Board considers necessary to enable it to carry out its responsibilities under this chapter and to enable the enrolled actuary engaged pursuant to 1- 907.03(a) to carry out the responsibilities of the enrolled actuary under this chapter.
0.1.986
Actuarial statement and opinion.
a As a part of the actuarial report presented to the Retirement Board, the actuary shall prepare an actuarial statement. The statement shall contain: 1 The dates of the scal year and the most recent actuarial valuation; 2 The total amount of the contributions made by participants and the total amount of all other contributions, including the District payment, received for the scal year and for each preceding scal year for which the information was not previously reported; 3 The number of participants, whether or not retired, and beneciaries receiving benets covered as of the last day of the scal year; 4 The following information as of the date of the most recent actuarial valuation and, if available and suciently comparable so as not to be misleading, for at least the 2 preceding actuarial valuations: A The aggregate annual compensation of participants;
B The actuarial value of assets of each separate fund comprising the Funds; C The actuarial accrued liability, if applicable; D The dierence between the actuarial value of assets of the system and actuarial accrued liability, if applicable; E The actuarial value of assets of the system expressed as a percentage of actuarial accrued liability, if applicable; F The dierence between the actuarial liability expressed as a percentage of the aggregate annual compensation of participants, if applicable; and
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CONTENTS
G The actuarial assumptions and methods used in determining the information described in this paragraph and other factors that signicantly aect the information described in this paragraph; and 5 Other information necessary to disclose fully and fairly the actuarial condition of the retirement plans. b (1) The actuarial report shall also contain an opinion of the enrolled actuary on the actuarial statement attesting that: A To the best of the actuarys knowledge the statement is complete and accurate; B Each assumption and method used in preparing the statement is reasonable, and the assumptions and methods in the aggregate are reasonable, taking into account the experience of the retirement system; and C The assumptions and methods in combination oer the actuarys best estimate of anticipated experience. 2 In formulating an opinion, the actuary may rely on the correctness of any accounting matter as to which any qualied public accountant has expressed an opinion, if the actuary so indicates. c The actuarial statement and opinion required herein shall be included as part of the annual report required pursuant to 1-909.02.
0.1.987
Calculation of District of Columbia payment to the Funds.
a (1) When specied in paragraph (2) of this subsection, the Retirement Board shall engage an enrolled actuary, who may be the enrolled actuary engaged pursuant to 1-732(a)(4)(A), to make the following determinations as of a specied date on the basis of the entry age normal funding method and in accordance with generally accepted actuarial principles and practices with respect to each separate fund comprising the Funds: A The normal cost, determined as a level percentage of covered annual payroll;
767
B The unfunded accrued liability payment; which, for the purposes of this section, means the level amount or the level percentage of covered annual payroll that, when contributed annually to the Funds for a period of not greater than 30 years, would be sucient to fund the liability for benets accrued by participants as of the valuation date (accrued liability) in excess of the current value of assets of the Funds (unfunded accrued liability); C The current value of the assets in theFunds; D The estimated covered annual payroll; and
E Such additional information as the Retirement Board may need to make the determinations specied in paragraph (4) of this subsection and in subsection (b) of this section. 2 Unless the actuary engaged by the Retirement Board pursuant to paragraph (1) of this subsection determines that a more frequent valuation is necessary to support the actuarys opinion, the actuary shall make the determinations described in paragraph (1) of this subsection upon the request of the Retirement Board and at least once every 2 years. 3 On the basis of the most recent determinations made under paragraph (1) of this subsection, the enrolled actuary shall certify to the Retirement Board each year, at a time specied by the Retirement Board, the following information for the next scal year with respect to each separate fund comprising the Funds: A The normal cost;
B The present value of future benets payable from the Funds for covered employees as of the valuation date; C The unfunded accrued liability payment; D The current value of assets as of the valuation date; and
E The value of assets used in developing the amortization of unfunded accrued liability payment.
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CONTENTS
4 On the basis of the most recent certication submitted by the enrolled actuary under paragraph (3) of this subsection, the Retirement Board shall certify the sum of the normal cost and the unfunded accrued liability payment (amount of the District payment) for the next scal year for each separate fund comprising the Funds. b (1) On the basis of the most recent determinations made under subsection (a)(4) of this section, the Retirement Board shall, no fewer than 30 days before the date on which the Mayor is required to submit the annual budget for the District of Columbia government to the Council, pursuant to 1-204.42, certify to the Mayor and the Council the amount of the District payment for each separate fund comprising the Funds. 2 The Mayor, in preparing each annual budget for the District of Columbia pursuant to 1-204.42, and the Council, in adopting each annual budget in accordance with 1-204.46, shall, for each separate fund comprising the Funds, include in the budget no less than the amount of the District payment for each separate fund comprising the Funds certied by the Retirement Board under paragraph (1) of this subsection. The Mayor and the Council may comment and make recommendations concerning any such amount certied by the Retirement Board. c (1) Before the enactment of any law, resolution, regulation, rule, or agreement producing any change in benets under a retirement program, the Mayor shall engage and pay for an enrolled actuary, who may be the enrolled actuary engaged pursuant to 1-732(a)(4)(A), to estimate the eect of that change in benets over the next 5 scal years on the: A Accrued liability of the retirement program;
B Unfunded accrued liability of the retirement program; C Unfunded accrued liability payment with respect to the retirement program; and D Normal cost with respect to the retirement program.
769
2 Whenever any change in benets under a retirement program pursuant to this subsection is made to either, but not both, the Metropolitan Police Department or the Fire and Emergency Medical Services Department, the Mayor shall engage an enrolled actuary to perform the same study contemporaneously for the employee group for which the change was not made. d The Mayor shall transmit the estimates of the actuary to the Retirement Board, the Secretary of the Treasury, and the Council, and the change in benets shall not become eective until the end of a 30-day period of review, which shall begin on the date that the 3 required transmittals have been eected.
0.1.988
District of Columbia payment to the Funds.
a Each scal year, the District shall insure that a sucient amount is appropriated for each separate fund comprising the Funds, as the District of Columbia payment to the appropriate separate fund comprising the Funds, which shall be equal to, or greater than, the amount calculated as provided for in 1-907.03, as determined by the enrolled actuary, engaged pursuant to 1-907.03(a). b The amount appropriated as the District of Columbia payment shall be deposited in the appropriate separate fund comprising the Funds not more than 30 days after it is appropriated or 30 days after the beginning of the scal year for which it is appropriated, whichever is later. c At the end of each scal year, the District shall provide to the enrolled actuary the actual aggregate amount of earnable compensation (covered payroll) paid to each participant group covered by the Retirement Program. The enrolled actuary shall determine whether the amount appropriated for the applicable scal year resulted in an overpayment or a shortfall based upon the actual covered payroll. 1 If a shortfall exists, the Mayor and the Council shall include within the ensuing budget cycle a line item that requests funding equal to the full amount of shortfall for the appropriate separate fund comprising the Funds. 2 If an overpayment exists, the Mayor and the Council shall include within the ensuing budget cycle a line item that requests a reduction in the amount
770
CONTENTS
appropriated as the District of Columbia payment to the Funds equal to the full amount of the overpayment. 3 Overpayments or shortfall reductions shall be made in addition to, and notwithstanding, any other payment required herein. d If at any time the balance of any separate fund comprising the Funds is not sucient to meet all obligations against the Funds, the Funds shall have claims on the revenues of the District of Columbia to the extent necessary to meet the obligation.
0.1.989
Continuative administration.
a Notwithstanding 1-711(a), the Mayor, the Chief Financial Ocer, the District of Columbia Public Charter School Board, and the Board of Education, or their successors, shall continue to discharge their respective duties under the retirement programs until the Retirement Board noties the Mayor and the Council of the District of Columbia in writing that the Retirement Board is prepared to carry out the duties and responsibilities established under this chapter; provided, that the notication shall occur no later than 12 months after December 7, 2004. b The Mayor, the Chief Financial Ocer, the District of Columbia Public Charter School Board, and the President of the Board of Education, or their successors, shall cooperate with the Retirement Board in developing and periodically updating operating procedures for all District personnel oces providing retirement and survivor benet services to participants and, if applicable, to individuals eligible for benets under post employment benet programs.
0.1.990
Limitation on investment of retirement funds.
a Except as provided in subsection (c) of this section, the assets of the Funds may not be invested in the following:. 1 Interest-bearing bonds, notes, bills, or certicates of indebtedness of the government of the District of Columbia, the government of the Commonwealth of Virginia, or the government of the State of Maryland, or the government of any political subdivision thereof, or of any entity subject to
771
control by any such government or any combination of any such governments; 2 Obligations fully guaranteed as to the payment of both principal and interest by the government of the District of Columbia, the government of the Commonwealth of Virginia, or the government of the State of Maryland, or the government of any political subdivision thereof, or of any entity subject to control by any such government or any combination of any such governments; 3 Real property in the District of Columbia, Virginia, or Maryland; or 4 Loans, mortgages, bonds, notes, bills, or certicates of indebtedness secured, in whole or in part, by real property in the District of Columbia, Virginia, or Maryland. b (1) Any assets of the Funds invested after March 16, 1993, in stocks, securities, or other obligations of any institution or company doing business in or with Northern Ireland or with agencies or instrumentalities of Northern Ireland shall be invested to reect advances to eliminate discrimination made by these institutions and companies pursuant to paragraph (2) of this subsection. 2 The Mayor shall consider the following criteria, referred to as the MacBride Principles, to determine the advances to eliminate discrimination made by companies and institutions doing business in or with Northern Ireland or with agencies or instrumentalities of Northern Ireland: A Increasing the representation of individuals from under-represented religious groups in the work force, including managerial, supervisory, administrative, clerical, and technical jobs; B Providing adequate security for the protection of minority employees both at the work place and while traveling to and from work; C Banning provocative religious or political emblems from the work place; D Publicly advertising all job openings and making special recruitment eorts to attract applicants from under-represented religious groups;
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CONTENTS
E Providing that layo, recall, and termination procedures should not in practice favor particular religious groups; F Abolishing job reservations, apprenticeship restrictions, and dierential employment criteria that discriminate on the basis of religion or ethnic origin; G Developing training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees; H Establishing procedures to assess, identify, and actively recruit minority employees with potential for further advancement; and I Appointing senior management sta members to oversee armative action eorts and the setting up of timetables to carry out armative action principles. 3 (A) On or before the 1st day of October of each year, the Mayor shall determine the existence of armative action taken by all institutions and companies doing business in or with Northern Ireland, in which funds are or will be invested (in conformance with the MacBride Principles as enumerated in paragraph (2) of this subsection), and provide an annual report of his ndings for presentation to the Council, which report shall be made available for public inspection. B In making the determination pursuant to subparagraph (A) of this paragraph, the Mayor may rely on reference sources, such as the Investor Responsibility Research Center, in making a determination with respect to the armative action taken by the institutions and companies. c The limitations on investments under subsection (a) of this section shall not apply to any of the following investments; provided, that the Board has no discretionary authority for investment decisions in specic geographical regions or political subdivisions, and further provided, that not more than 25 1 Pooled or commingled real estate investment vehicles;
773
2 Publicly-traded real estate investment trusts and real estate operating companies; or
3 Pooled or commingled real estate investment vehicles holding pass-through securities that contain mortgages, loans, bonds, notes and other similar instruments issued by private institutions, and that are guaranteed by the federal government or any of its agencies or government-sponsored enterprises.
0.1.991
Eect on other laws.
a The provisions of this chapter supersede any provisions of other law which are inconsistent with this chapter and the regulations thereunder.
b Nothing in this chapter shall be deemed to alter or amend in any way the provisions of existing laws relating to the program of annuities, other retirement benets, or medical benets for members and ocers, retired members and ocers, and survivors thereof, of the United States Park Police force, the United States Secret Service, or the United States Secret Service Uniformed Division.
0.1.992
Tax treatment of plan.
The replacement plan described in 1-905.01 shall be deemed a governmental plan as dened in 414(d) of the Internal Revenue Code of 1954, approved September 2, 1974 (88 Stat. 926; 26 U.S.C. 414(d)), and all benets provided therefrom shall be deemed governmental plan benets maintained by the District of Columbia.
0.1.993
Eligibility and benets determinations.
Eligibility and the calculation of the amount of the benet payment for covered District employees for service accrued after June 30, 1997, shall be determined in accordance with the retirement program applicable to covered District employees in eect as of June 30, 1997 (except as otherwise amended by Title XI of the Balanced Budget Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 963)).
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CONTENTS
0.1.994
Replacement program for covered District employees.
The replacement plan governing retirement and disability for service and benets accrued after June 30, 1997, for covered District employees shall be the retirement program in eect for covered District employees as of June 30, 1997.
0.1.995
Annual audit.
a The examination performed by the independent qualied public accountant engaged pursuant to 1-732(a)(3)(A) shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the books and records of the Funds and the Retirement Program as are considered necessary by the accountant. The independent qualied public accountant shall also oer his opinion as to whether the separate schedules required by subsection (b) of this section and the summary material required under 1-907.03 present fairly, in all material respects, the information contained therein when considered in conjunction with the nancial statements taken as a whole. The opinion by the independent qualied public accountant shall be made a part of the annual report required pursuant to 1-907.02. In oering his opinion, the accountant may rely on the correctness of any actuarial matter certied to by an enrolled actuary if he so states his reliance. b (1) The nancial statement shall contain a statement of assets and liabilities, and a statement of changes in net assets available for benets under the retirement program, which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to nancial statements, disclosures concerning the following items shall be considered by the accountant: a description of the Retirement Program, including any signicant changes in the Retirement Program made during the period and the impact of the changes on benets; the funding policy (including the policy with respect to prior service cost), and any changes in the policy during the year; a description of any signicant changes in benets made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; and any other matters necessary to fully and fairly present the nancial statements of the Funds.
775
2 The statement required under paragraph (1) of this subsection shall have attached the following information in separate schedules: A A statement of the assets and liabilities of the Funds, aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous scal year; B A statement of receipts in and disbursements from the Funds during the preceding 12-month period, aggregated by general source and application; C A schedule of all assets held for investment purposes, aggregated and identied by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether the party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value; D A schedule of each transaction involving a person known to be a party in interest, the identity of the party in interest and his relationship, or that of any other party in interest, to the Funds, and a description of each asset to which the transaction relates; the purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan; expenses incurred in connection with the transaction; and the cost of the asset, the current value of the asset, and the net gain or loss on each transaction; E A schedule of all loans or xed income obligations that were in default as of the close of the scal year or were classied during the year as uncollectible and the following information with respect to each loan on the schedule (including a notation as to whether parties involved are known to be parties in interest): the original principal amount of the loan; the amount of principal and interest received during the reporting year; the unpaid balance; the identity and address of the obligor; a detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms); and the amount of principal and interest overdue (if any) and an explanation thereof; F A list of all leases that were in default or were classied during the year as uncollectible, and the following information with respect to each lease on the list (including a notation as to whether parties involved are known to
776
CONTENTS
be parties in interest): the type of property leased (and, if xed assets such as land, buildings, and leaseholds, then the location of the property); the identity of the lessor or lessee from or to whom the Funds are leasing; the relationship of the lessors and lessees, if any, to the Funds, the government of the District of Columbia, any employee organization, or any other party in interest; the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the leased property was purchased and its cost; the date the property was leased and its approximate value at that date; the gross rental receipts during the reporting period; expenses paid for the leased property during the reporting period; the net receipts from the lease; the amounts in arrears; and a statement as to what steps have been taken to collect amounts due or otherwise remedy the default; G The most recent annual statement of assets and liabilities of any common or collective trust maintained by a bank or similar institution in which some or all the assets of the Funds are held, of any separate account maintained by an insurance carrier in which some or all of the assets of the Funds are held, and of any separate trust maintained by a bank as trustee in which some or all of the assets of the Funds are held, and for each separate account or a separate trust, such other information as may be required by the Retirement Board to comply with this subsection; and H A schedule of each reportable transaction, the name of each party to the transaction (except that, for an acquisition or sale of a security on the market, the report need not identify the person from whom the security was acquired or to whom it was sold), and a description of each asset to which the transaction applies; the purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan; expenses incurred in connection with the transaction; and the cost of the asset, the current value of the asset, and the net gain or loss on each transaction. 3 For purposes of paragraph (2)(H) of this subsection, the term reportable transaction means a transaction to which the Funds is a party and which is: A A transaction involving an amount in excess of 5
B Any transaction (other than a transaction respecting a security) that is part of a series of transactions with or in conjunction with a person in a
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) scal year, if the aggregate amount of the transactions exceeds 5
777
C A transaction that is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of the transactions in the scal year exceeds 5 D A transaction with, or in conjunction with, a person respecting a security, if any other transaction with or in conjunction with the person in the scal year respecting a security is required to be reported by reason of subparagraph (A) of this paragraph.
0.1.996
Alienation of benets.
Benets of the retirement programs provided for herein shall not be assigned or alienated, except to the extent expressly permitted by this chapter or by another applicable law.
0.1.997
Interim federal benet payments.
a Eective October 1, 1997, until the transfer of the assets required by the Retirement Protection Act is implemented, the Retirement Board shall make disbursements to the District government, or other entity as may be directed by the Secretary of the Treasury, from the trust assets of the Funds to make the Federal Benet Payment obligation created pursuant to 1803.01 for benets accrued by the covered District employees until June 30, 1997. b No part of the employee contributions of the covered District employees after June 30, 1997, or the $1.275 billion of designated assets provided for pursuant to 807.03, may be used to make the Federal Benet Payment obligation.
0.1.998
Payments from retirement funds.
a The Retirement Board shall determine the amount of any payments for annuities or other retirement or disability benets (including refunds and lump-sum payments) required to be made from the trust assets of the Police Ocers and Fire Fighters Retirement Fund or the Teachers Retirement Fund. The Retirement Board shall make the payments from the appropriate fund.
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CONTENTS
b Once authorized pursuant to the appropriation process, the Retirement Board may make payments from the Funds sucient to cover the cost of the management of the assets and the reasonable and necessary administrative expenses of the Retirement Board, including trustee and sta compensation, and liability insurance.
0.1.999
Limitations on actions.
For fraud or concealment, an action may be commenced under this chapter not later than 6 years after the date of discovery of a breach or violation. Otherwise, no action may be commenced under this chapter with respect to a duciarys breach of any responsibility, duty, or obligation under this chapter, or with respect to a violation of this chapter, after the earlier of: 1 Six years after: A The date of the last action that constituted a part of the breach or violation; or B For an omission, the latest date on which the duciary could have cured the breach or violation; or 2 Three years after the earliest date: A On which the plainti had actual knowledge of the breach or violation; or B On which a report from which he could reasonably be expected to have obtained knowledge of the breach or violation was led with the Mayor or the Council.
0.1.1000
Management of the Funds.
a The Retirement Board shall be the custodian of the assets of the Funds and shall manage and invest the assets in accordance with the Retirement Reform Act and this chapter.
779
b The assets of the Funds shall be kept separate from other monies that may be under the control of the Retirement Board, but need not be kept separate from the assets of the separate funds comprising the Funds if the Retirement Board determines that commingling of those assets is advisable for investment purposes. c The Retirement Board shall maintain, in an appropriate depository, a cash reserve for the Funds in an amount determined by the Retirement Board to be sucient to meet current outlays for annuities and other retirement and disability benets authorized to be paid from the Funds.
0.1.1001
Retirement fund for teachers.
a The Teachers Retirement Fund shall continue in existence and shall be the fund into which the following deposits shall be made, which shall constitute the assets of the fund: 1 Any employee contribution amount paid to the Retirement Board pursuant to subchapter II of Chapter 20 of Title 38, or pursuant to 38-2061.02; 2 Any asset transferred to the fund under subsection (b) of this section; 3 Any amount appropriated by the District government for the fund in accordance with 1-905.02; and 4 Any return on investment of assets of the fund. b After June 30, 1997, annuities and other retirement and disability benets (including refunds and lump-sum payments) for the benets of covered teachers shall become assets of the fund.
0.1.1002
Retirement fund for police ocers and re ghters.
a The Police Ocers and Fire Fighters Retirement Fund shall continue in existence and shall be the fund into which the following deposits shall be made, which shall constitute the assets of the fund: 1 Any employee contribution amount paid after June 30, 1997, to the Retirement Board pursuant to 5-741 or 5-704(e)(1) or 5-706(a), respectively;
780
CONTENTS
2 Any amount appropriated by the District government for the fund in accordance with 1-905.02; 3 Any return on investment of the assets of the fund; and 4 The amount derived from the $1.275 billion of designated assets provided for pursuant to 1-807.03. b After the 30-day period following October 1, 1997, or after the end of the 30-day period beginning on the date on which funds are rst appropriated to the Police Ocers and Fire Fighters Retirement Fund for Fiscal Year 1998, whichever is later, all payments of annuities and other retirement and disability benets (including refunds and lump-sum payments) under the Police and Firemens Retirement Act shall be made from the Fund (except for any such payment which is made to an ocer or member of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service, or to a beneciary of any such ocer or member).
0.1.1003
Denitions.
For the purposes of this chapter, the term: 1 Covered District employee or participant means a teacher of the District of Columbia public schools, a member of the Metropolitan Police Department, or a member of the Fire and Emergency Medical Services Department. It does not include an ocer or member of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service, to whom the Police and Firemens Retirement Act applies. 2 Current value means the fair market value, where available (as determined in good faith by a duciary in accordance with regulations promulgated by the Retirement Board), or otherwise the fair value (as determined in good faith by a duciary in accordance with regulations promulgated by the Retirement Board), assuming an orderly liquidation when so determined. 2A Domestic partner shall have the same meaning as provided in 32701(3).
781
3 Employee contribution means amounts deducted and withheld from the salaries of covered District employees and paid to the Funds (and in the case of teachers, amounts of additional deposits paid to the Funds), pursuant to this chapter. 4 Employee organization means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which individuals covered by the Retirement Program participate and which exists for the purpose, in whole or in part, of dealing with the District government concerning the Retirement Program. 5 Enrolled actuary means an actuary enrolled under subtitle C of Title III of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 1002; 29 U.S.C. 3041 et seq.). 6 Federal Benet Payment means any benet payment to which an individual is entitled under the Retirement Program, in an amount and under terms and conditions as may apply under the Retirement Program. 7 (A) Fiduciary means, except as otherwise provided in subparagraph (B) of this paragraph, any individual who, with respect to the Funds: i Exercises any discretionary authority or discretionary control respecting management of the Funds or exercises any discretionary authority or discretionary control respecting management or disposition of its assets; ii Renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the Funds, or has any authority or responsibility to do so; or iii Has any discretionary authority or discretionary responsibility in the administration of the Funds. B If any money or other property of the Funds is invested in securities issued by an investment company registered under title I of An Act To provide for the registration and regulation of investment companies and investment advisers, and for other purposes, approved August 22, 1940 (54 Stat. 789; 15 U.S.C. 80a-1 et seq.), that investment shall not by itself cause the investment company or the investment companys adviser or principal
782
CONTENTS
underwriter to be deemed to be a duciary or a party in interest as those terms are dened in this section. Nothing contained in this subparagraph shall limit the duties imposed on that investment company, investment adviser, or principal underwriter by any other law. 8 Funds means collectively the Police Ocers and Fire Fighters Retirement Fund, the Teachers Retirement Fund, or the Judges Retirement Fund, but only until the Judges Retirement Fund is transferred pursuant to 11252 of the Retirement Protection Act, approved August 5, 1997 (P.L. 105-33; 111 Stat. 758). 9 Judge means a judge as dened in 11-1561(1). 10 Judges Retirement Fund means the District of Columbia Judges Retirement Fund, established under 1-714(a). 11 Party in interest means:
A Any person (including a member of the Retirement Board) having duciary responsibilities for the administration of assets in the Funds; B Any person providing services to the Funds; C The government of the District of Columbia; D An employee organization; or
E A spouse or domestic partner, ancestor, lineal descendant, or spouse or domestic partner of a lineal descendant of any individual described in subparagraph (A) or (B) of this paragraph. 12 Police and Firemens Retirement Act means the Policemen and Firemens Retirement and Disability Act amendments of 1957, 5-701 et seq. 13 Police Ocers and Fire Fighters Retirement Fund means the District of Columbia Police Ocers and Fire Fighters Retirement Fund established under 1-712(a).
783
13A Post employment benet programs has the same meaning as that term is dened in 1-702(22). 14 Qualied public accountant means a person who is a certied public accountant, certied by a regulatory authority of a state. 15 Retirement Board means the District of Columbia Retirement Board established by 1-711(a). 16 Retirement Program means:
A The program of annuities and other retirement and disability benets for members and ocers of the Metropolitan Police Department and the Fire and Emergency Medical Services Department; B The program of annuities and other retirement and disability benets for judges of the courts of the District of Columbia under 11-1561 et seq., but only until 1-714 is terminated and transferred pursuant to 11252 of the Retirement Protection Act, approved August 5, 1997 (P.L. 105-33; 111 Stat. 758); and C The program of annuities and other retirement and disability benets for teachers in the public day schools of the District of Columbia. 17 Retirement Protection Act means the District of Columbia Retirement Protection Act of 1997, Subtitle A of Title XI of the Balanced Budget Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 715) (Retirement Protection Act). 18 Retirement Reform Act means the District of Columbia Retirement Reform Act, 1-701 et seq. (Retirement Reform Act). 19 Security means a security as dened in 2(1) of the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. 77b(1)). 20 State means any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, and the Canal Zone.
784 21 Teacher means a teacher as dened in 38-2021.13.
CONTENTS
22 Teachers Retirement Fund means the District of Columbia Teachers Retirement Fund established under 1-713. 23 Trust means the $1.275 billion in assets in the possession or control of the Retirement Board for post June 30, 1997, benets and any contributions made to the Funds after June 30, 1997, for benets accrued after June 30, 1997.
0.1.1004
a
Civil enforcement.
A civil action may be brought:
1 By a participant or beneciary: A For the relief provided for in subsection (b) of this section; or
B To recover benets due to him under the terms of his retirement program, to enforce his rights under the terms of the retirement program, or to clarify his rights to future benets under the terms of the Retirement Program; 2 By a participant or beneciary, the District of Columbia, or the Retirement Board for appropriate relief under 1-742; or 3 By a participant or beneciary, the District of Columbia, and the Retirement Board: A To enjoin any act or practice that violates any provision of this chapter or the terms of the Retirement Program; or B To obtain other appropriate equitable relief: i To redress any violation; or
ii To enforce any provision of this chapter or the terms of an individual retirement program.
785
b If the Retirement Board fails or refuses to comply with a request for any information that the Retirement Board is required by this chapter to furnish to a participant or beneciary (unless the failure or refusal results from matters reasonably beyond the control of the Board) by mailing the information requested to the last known address of the requesting participant or beneciary within 30 days after the request, then the Retirement Board may, in the courts discretion, be liable to the participant or beneciary in an amount of up to $100 a day from the date of the failure or refusal, and the court may order the Retirement Board to provide the required information and may in its discretion order other relief as it considers proper. c The Retirement Board may sue and be sued under this chapter as an entity. Service of summons, subpoena, or other legal process of a court upon the Chairman of the Retirement Board in that capacity shall constitute service upon the Retirement Board. d In any action under this chapter by a participant, beneciary, duciary, or the Retirement Board, the court in its discretion, may grant reasonable attorneys fees and costs of action to either party.
0.1.1005
a
Findings and purpose.
The Council of the District of Columbia nds the following:
1 When the federal government established separate retirement funds for police ocers, re ghters, and teachers, and established a retirement board with responsibility for managing these retirement funds, it signicantly unfunded the liabilities of the retirement funds in an amount totaling approximately $2,600,000,000. 2 The approximate $2,600,000,000 unfunded liability has increased to nearly $4,800,000,000 due primarily to the accumulation of interest on the initial balance, not because of any action taken or any failure to act on the part of the District government or the District of Columbia Retirement Board. 3 Because the unfunded liability is a legal obligation of the District government and exceeds the total General Obligation debt of the District, the presence of the unfunded pension liability has had a signicant negative impact on the Districts credit rating.
786
CONTENTS
4 The costs associated with the liability have been a contributing cause to the Districts ongoing nancial crisis. 5 Pursuant to the Retirement Protection Act, the federal government will relieve the District government of the responsibility for the unfunded pension liabilities transferred to the District in 1979, and will assume the legal responsibility for payment of retirement benets accrued by police ocers, re ghters, and teachers prior to July 1, 1997. 6 The Retirement Protection Act requires the establishment by the District government of a replacement plan for the current pension benets for police ocers, re ghters, and teachers. b It is the purpose of this chapter to accomplish the following:
1 Establishment of replacement retirement plans for pension benets accrued after June 30, 1997, for police ocers, re ghters, and teachers; and 2 Provision for full funding and management on an actuarially sound basis of all retirement funds entrusted to the District government for the benet of teachers, members and ocers of the Metropolitan Police Department, and employees of the Fire and Emergency Medical Services Department.
0.1.1006
Bonding.
a (1)(A) Each duciary of a separate fund comprising the Funds established by this chapter and each person who handles funds or other property of the Funds (Funds Ocial) shall be bonded as provided in this section, except that no bond shall be required of a duciary (or of any director, ocer, or employee of the duciary) if the duciary: i Is a corporation organized and doing business under the laws of the United States or of any state; ii Is authorized under those laws to exercise trust powers or to conduct an insurance business; iii Is subject to supervision or examination by federal or state authority; and
787
iv Has at all times a combined capital and surplus in excess of a minimum amount as may be established by regulations issued by the Council, which amount shall be at least $1,000,000. B Subparagraph (A)(iv) of this paragraph shall apply to a bank or other nancial institution that is authorized to exercise trust powers and the deposits of which are not insured by the Federal Deposit Insurance Corporation only if the bank or institution meets bonding or similar requirements under state law that the Retirement Board determines are at least equivalent to those imposed on banks by federal law. 2 (A) The amount of the bond shall be the lesser of 10 B The Retirement Board, after notice and opportunity for hearing to the duciary and all other parties in interest to the Funds, may waive the $500,000 additional requirement. C The amount of the bond shall be set at the beginning of each scal year. 3 For purposes of xing the amount of the bond, the amount of funds handled shall be determined by the funds handled by the person, group, or class to be covered by the bond and by the predecessor or predecessors, if any, during the preceding reporting year, or if the Funds have no preceding reporting year under this chapter, the amount of funds to be handled during the current reporting year by person, group, or class, estimated as provided in regulations to be prescribed by the Retirement Board. 4 The bond shall provide protection to the Funds against loss by reason of acts of fraud or dishonesty by the Fund Ocial, directly or through connivance with others. 5 Any bond shall have as surety thereon a corporate surety company which is an acceptable surety on federal bonds under authority granted by the Secretary of the Treasury. Any bond shall be in a form or of a type approved by the Retirement Board, including individual bonds or schedule or blanket forms of bonds that cover a group or class.
788
CONTENTS
b It shall be unlawful for any Funds ocial to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of any fund without being bonded as required by subsection (a) of this section, and it shall be unlawful for any Funds Ocial or any other person having authority to direct the performance of those functions or to permit the functions, or any of them, to be performed by any Funds Ocial with respect to whom the requirements of subsection (a) of this section have not been met. c It shall be unlawful for any person to procure any bond required by subsection (a) of this section from any surety or other company or through any agent or broker in whose business operations the Funds or any party in interest in the Funds has any control or signicant nancial interest, direct or indirect. d A person who is required to be bonded under subsection (a) of this subsection because he handles property of a separate fund comprising the Funds, shall not be required to obtain additional bonding with regard to the Funds. e The Retirement Board may prescribe such regulations, which shall be subject to Council review, as may be necessary to carry out the provisions of this section.
0.1.1007
Criminal penalties.
Whoever willfully violates any provision of any section of this subchapter (other than 1-909.06), or any regulation or order issued under those provisions, shall be ned not more than $5,000, or imprisoned not more than one year, or both, except that for a violation by a person not an individual, the person shall be ned not more than $100,000.
0.1.1008
Retention of records.
The Retirement Board shall maintain records on the matters required to be disclosed under this subchapter, which shall provide in sucient detail the necessary basic information and data from which the required documents may be veried, explained, or claried, and checked for accuracy and completeness. These records shall include minutes of the meetings of the Retirement Board, vouchers, worksheets, receipts, and applicable resolutions.
789
The Retirement Board shall keep the records available for examination for a period of not less than 6 years after the ling date of the documents based on the information which they contain. Except to the extent that the records involve matters protected from public disclosure under 1-909.05, all records shall be available for inspection by the public.
0.1.1009
Reporting of participants benet rights.
a The Retirement Board shall furnish to any participant or beneciary who so requests in writing a statement indicating, on the basis of the latest available information: 1 The total benets accrued; and 2 The nonforfeitable retirement benets, if any, that have accrued, or the earliest date on which benets will become nonforfeitable. b A participant or beneciary shall not be entitled to receive more than one report under subsection (a) of this section during any 12-month period.
0.1.1010
Disclosure to the public.
a The Retirement Board and the Mayor shall make copies of the summary plan descriptions and annual reports available for public inspection in an appropriate location. b The Retirement Board shall make reasonably available to participants for public examination in the Retirement Boards Oce, and in other places if necessary, the following information: 1 The governing law of the retirement program; 2 Summary descriptions of modications or changes that have been provided to participants and beneciaries but not yet integrated into the summary plan description; 3 The most recent annual disclosure of nancial and actuarial status; and 4 The most recent annual report.
790
CONTENTS
c Upon written request by a participant, beneciary, or member of the public, copies of any publication described in subsection (b) of this section shall be provided. A reasonable fee to cover the cost of providing copies may be charged. Copies shall be provided within 30 days after receiving payment. d Information described in 1-909.06(a) with respect to a participant or beneciary of a retirement program may be disclosed only to the extent that information respecting that participants or beneciarys benets under Title II of the Social Security Act, approved August 14, 1935 (49 Stat. 622; 42 U.S.C. 401 et seq.), may be disclosed under that act. e All meetings of the Retirement Board shall be open to the public, except to the extent that information discussed in any meeting relates to personnel matters the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, or the deliberations or tentative or nal decisions on investments or other nancial matter would jeopardize the ability of the Retirement Board to implement an investment decision or to achieve investment objectives. f A record of the disclosed deliberations that may occur pursuant to subsection (e) of this section, or a tentative or nal decision on investments or other nancial matter, shall not be a public record pursuant to subchapter II of Chapter 5 of Title 2, to the extent its disclosure would jeopardize the ability to implement a decision or to achieve investment objectives.
0.1.1011
Reports and disclosure to participants and beneciaries.
a The Retirement Board shall furnish the Mayor and the Council, upon request, any documents relating to the retirement program or the Funds, including trust agreements, contracts, or other instruments under which the Funds are operated. b A copy of the summary plan description and all modications and changes referred to in 1-909.03(a) shall be provided to a participant within 90 days after he becomes a participant, or to a beneciary within 90 days after he rst receives benets. The Retirement Board shall furnish to each participant, and to each beneciary receiving benets under the Retirement
791
Program, every 5th year an updated summary plan description described in 1-909.03 that integrates all Retirement Program amendments made within the 5- year period, except where no amendments have been made to a retirement program during the 5-year period, this sentence shall not apply. Notwithstanding the foregoing sentence, the Retirement Board shall furnish to each participant, and to each beneciary receiving benets under the Retirement Program, the summary plan description described in 1909.03 every 10th year. If there is a modication or change described in 1-909.03(a), a summary plan description of the modication or change shall be furnished to each participant and to each beneciary who is receiving benets under the Retirement Program not later than 210 days after the end of the scal year in which the change is adopted. c Within 210 days after the close of the scal year, the Retirement Board shall furnish to each participant, and to each beneciary receiving benets under the Retirement Program, a statement that fairly summarizes the annual report. The statement shall contain a disclosure of the nancial and actuarial status of the applicable retirement plan. d The Board shall permit any accountant or actuary retained by the Mayor or the Council to inspect whatever books and records of the Funds as are necessary to conduct the Districts annual audit, or if the Mayor or the Council rejects the annual report or the summary plan description upon a nding that the document is incomplete for purposes of this chapter, or upon a determination that there is any material qualication by an accountant or actuary contained in an opinion submitted as part of the annual report. e The Council may require that the Retirement Board furnish to each participant and to each beneciary receiving benets under an individual retirement program a statement of the rights of participants and beneciaries under this chapter.
0.1.1012
Summary plan description.
a (1) The Retirement Board shall furnish to participants and beneciaries a summary plan description of the Retirement Program for service and benets accrued after June 30, 1997, pursuant to 1-909.04(b). The summary plan description shall include the information specied in subsection (b) of this section, shall be written in a manner calculated to be understood by the average participant or beneciary, and shall be suciently accurate and
792
CONTENTS
comprehensive to reasonably apprise the participants and beneciaries of their rights and obligations under the Retirement Program. 2 A summary of any material modication in the terms of the retirement program benets accrued after June 30, 1997, and any change in the information required under subsection (b) of this section, written in a manner calculated to be understood by the average participant or beneciary, shall be furnished in accordance with 1-909.04(b). b Each summary plan description of an individual retirement program shall contain the following information: 1 The name of the individual retirement program and system and type of administration of the individual retirement program; 2 The name and address of the Chairman of the Retirement Board, who shall be the agent of the Retirement Board for the service of legal process; 3 The name, title, and business address of each member of the Retirement Board; 4 A description of the relevant provisions of applicable collective-bargaining agreements; 5 Citations to the governing laws of the retirement program; 6 The individual retirement programs requirements respecting eligibility for participation and benets; 7 A description of benets provided by the program, including the manner of calculating benets and any benets provided for spouses and survivors; 8 The source of nancing of the program; 9 A description of the provisions providing for nonforfeitable pension benets;
793
10 Circumstances which may result in disqualication, ineligibility, or denial or loss of benets; 11 The identity of any organization through which benets are provided;
12 The procedures to be followed in presenting claims for benets under the retirement program; 13 The remedies available under the retirement program for the redress of claims that are denied in whole or in part; and 14 The location of the Retirement Boards oces and the function of the Retirement Board. c The Retirement Board shall provide copies of the summary plan descriptions to the Mayor, the Council, and the employee organizations representing employees covered by the retirement plans. d Summary plan descriptions for service and benets accrued prior to July 1, 1997, are under the jurisdiction and control of the United States Secretary of the Treasury pursuant to the Retirement Protection Act.
0.1.1013
Annual report.
a The Retirement Board shall publish an annual report for each scal year with respect to each retirement program and separate fund comprising the Funds to which this chapter applies. The report shall be led with the Mayor and the Council in accordance with subsection (c) of this section and shall be made available and furnished to participants and beneciaries in accordance with 1-909.04(c). b The annual report shall include the following information:
1 The name and business address of each Retirement Board member; 2 The name and business address of the agent for service of process; 3 The name and business address of each duciary;
794
CONTENTS
4 The name of each person or entity (including any consultant, broker, trustee, accountant, insurance carrier, actuary, investment counsel, or custodial trustee), who received compensation from the Retirement Board during the preceding year for services rendered to the Retirement Board or the participants or beneciaries of the retirement program for which a separate fund comprising the Funds was established, the amount of the compensation, the nature of the services, the relationship of the person or entity, if any, to the District of Columbia government or employee organization, and any other oce, position, or employment the person or entity holds with any party in interest; 5 The description of each of the retirement plans and the number of employees covered by the retirement plans, including any signicant change in the retirement program made during the period and the impact of the change on benets; 6 The current statement of investment objectives and policies, which shall include: A The desired rates of return on assets overall;
B The desired rates of return and acceptable levels of risk for each asset class; C Asset allocation goals; D Guidelines for the delegation of authority to investment managers; and
E Information on the benchmarks used to evaluate investment performance; 7 Financial statements and notes to the nancial statements in conformity with generally accepted accounting principles; 8 An opinion on the nancial statements by the qualied public accountant, engaged pursuant to 1-907.03, in conformity with generally accepted auditing standards; 9 The actuarial statement and opinion required by 1-907.04;
795
10 A description of any material interest, held by any trustee, or employee who is a duciary with respect to the investment management of assets of the Funds, or by a related person, in any material transaction with the system within the last 3 years; 11 A schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent 1-year, 3-year, 5-year, and 10-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period; and 12 A schedule of the sum of total investment expenses and total general administrative expense for the scal year expressed as a percentage of the fair market value of assets of the Funds on the last day of the scal year. c The annual report shall be led with the Mayor and the Council within 210 days after the end of the scal year for which it is prepared.
0.1.1014
Personal nancial disclosure by the Retirement Board.
a (1) Eective October 1, 1997, each member of the Retirement Board shall, within 90 days of his election or appointment, as the case may be, and not later than April 30th of each year thereafter, submit, as a member of the Retirement Board, to the Mayor and the Council a personal nancial disclosure statement with respect to the preceding calendar year. 2 The statement shall be in such form as the Council may require and shall contain information with respect to the members nancial condition as the Council may require, including the following information: A The amount and source of all income (as dened in 61 of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 17; 26 U.S.C. 61)) received during the year; B The identity and category of value of each liability owned, directly or indirectly, that exceeds $2,500 as of the last day of the year (excluding any mortgage that secures real property that is the principal residence of the member);
796
CONTENTS
C The identity and category of value of any property held, directly or indirectly, in a trade or business or for investment or the production of income that has a fair market value of not less than $1,000 as of the last day of the year; D The identity and category of value of any transaction, whether direct or indirect, in securities or commodities futures during the year in excess of $1,000 (excluding any gift to any tax-exempt organization described in 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. 501(c)(3)), and the identity, date, and category of value of any purchase or sale, whether direct or indirect, of any interest in real or tangible personal property during the year the value of which exceeds $1,000 at the time of the purchase or sale (excluding any purchase or sale of any property that is the principal residence of the member or that is used as furnishings for the principal residence); E The nature and extent of any interest during the year in any bank, insurance company, or other nancial institution, or in any brokerage or other securities or investment company; and F The nature and extent of any employment during the year by any bank, insurance company, or other nancial institution, or by any brokerage or other securities or investment company. b For purposes of subsection (a)(2)(B), (C), and (D) of this section, the member reporting need not specify the actual amount or value of each item required to be reported under that subsection, but shall indicate which of the following categories the amount or value is within: 1 Not more than $5,000; 2 Greater than $5,000, but not more than $15,000; 3 Greater than $15,000, but not more than $50,000; 4 Greater than $50,000, but not more than $100,000; or 5 Greater than $100,000.
797
c Consistent with 1-909.05, the information required by this section shall be public information.
0.1.1015 0.1.1016
Elections. (Refs & Annos) Denitions.
For the purposes of this subchapter: 1 The term District means the District of Columbia. 2 The term qualied elector means a person who: A Is at least 17 years of age and who will be 18 years of age on or before the next general election; B Is a citizen of the United States; C Has maintained a residence in the District for at least 30 days preceding the next election and does not claim voting residence or right to vote in any state or territory; D Is not incarcerated for a crime that is a felony in the District; and
E Has not been found by a court of law to be legally incompetent to vote. 3 The term Board means the District of Columbia Board of Elections provided for by 1-1001.03. 4 The term ward means an election ward established by the Council. 5 The term Board of Education means the Board of Education of the District. 6 The term Delegate means the Delegate to the House of Representatives from the District of Columbia. 7 The term felony includes any crime committed in the District of Columbia referred to in 1-1001.14, 1-1162.32, and 1-1163.35.
798
CONTENTS
8 The term Council or Council of the District of Columbia means the Council of the District of Columbia established pursuant to the District of Columbia Home Rule Act. 9 The term Mayor means the Oce of Mayor of the District of Columbia established pursuant to the District of Columbia Home Rule Act. 9A The term Attorney General or Attorney general for the District of Columbia means the Attorney general for the District of Columbia provided for by part D-i of subchapter I of Chapter 3 and 1-204.35. 10 The term initiative means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualied electors of the District of Columbia for their approval or disapproval. 11 The term referendum means the process by which the registered qualied electors of the District of Columbia may suspend acts, or some part or parts of acts, of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operating budget) until such acts or part or parts of acts have been presented to the registered qualied electors of the District of Columbia for their approval or rejection. 12 The term recall means the process by which the registered qualied electors of the District of Columbia may call for the holding of an election to remove or retain an elected ocial of the District of Columbia (except the Delegate to Congress for the District of Columbia) prior to the expiration of his or her term. 13 The term elected ocial means the Mayor, the Chairman and members of the Council, the Attorney General, the President and members of the Board of Education, the Delegate to Congress for the District of Columbia,United States Senator and Representative, and advisory neighborhood commissioners of the District of Columbia. 14 The term printed shall include any document produced by letterpress, oset press, photo reproduction, multilith, or other mass reproduction means.
799
15 The term proposer means one or more of the registered qualied electors of the District of Columbia, including any entity, the primary purpose of which is the success or defeat of a political party or principle, or any question submitted to vote at a public election by means of an initiative, referendum or recall as authorized in amendments numbered 1 and 2 to Title IV of the District of Columbia Home Rule Act ( 1-204.101 to 1-204.115). Such entities shall be treated as a political committee as dened in 1-1161.01(44), for the purposes of this subchapter. 16 (A) The term residence, for purposes of voting, means the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which the persons habitation is xed and to which a person, whenever he or she is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of the absence. B In determining what is a principal or primary place of abode of a person the following circumstances relating to the person may be taken into account: i ii iii iv v vi vii viii Business pursuits; Employment; Income sources; Residence for income or other tax purposes; Residence of parents, spouse, and children; Leaseholds; Situs of personal and real property; and Motor vehicle registration.
C A qualied elector who has left his or her home and gone into another state or territory for a temporary purpose only shall not be considered to have lost his or her residence in the District.
800
CONTENTS
D If a qualied elector moves to another state or territory with the intention of making it his or her permanent home, he or she shall notify the Board, in writing, and shall be considered to have lost residence in the District. E No person shall be deemed to have gained or lost a residence by reason of absence while employed in the service of the District or the United States governments, while a student at any institution of learning, while kept at any institution at public expense, or while absent from the District with the intent to have the District remain his or her residence. If a person is absent from the District, but intends to maintain residence in the District for voting purposes, he or she shall not register to vote in any other state or territory during his or her absence. 17 The term voter registration agency means an oce designated under 1-1001.07(d)(1) and the National Voter Registration Act of 1993 to perform voter registration activities. 18 The term application distribution agency means an agency designated under 1-1001.07(d)(14) in whose oce or oces mail voter registration applications are made available for general distribution to the public. 19 The term duly registered voter means a registered voter who resides at the address listed on the Boards records. 20 The term registered qualied elector means a registered voter who resides at the address listed on the Boards records. 21 The term qualied registered elector means a registered voter who resides at the address listed on the Boards records. 22 The term voting system means:
A The combination of mechanical, electromechanical, or electronic equipment, including the software, rmware, and documentation required to program, control, and support the equipment used to: i ii Dene ballots; Cast and count votes;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) iii iv Report or display elections results; and Maintain and produce a permanent record; and
801
B The practices and documentation used to: i ii iii Identify system components and versions of components; Test the system during its development and maintenance; Maintain records of system errors and defects;
iv Determine necessary system changes after the initial qualication of the system; and v Provide voters with notices, instructions, forms, paper ballots, or other materials. 23 The term Help America Vote Act of 2002 means the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S.C. 15301 et seq.). 24 The term gender identity or expression shall have the same meaning as provided in 2-1401.02(12A). 25 Election observers means persons who witness the administration of elections, including individuals representing nonpartisan domestic and international organizations, including voting rights organizations, civil rights organizations, and civic organizations.
0.1.1017
Election of electors.
In the District of Columbia electors of President and Vice President of the United States, the Delegate to the House of Representatives, the members of the Board of Education, the members of the Council of the District of Columbia, the Attorney General for the District of Columbia, the Mayor and the following ocials of political parties in the District of Columbia shall be elected as provided in this subchapter:
802 1 National committeemen and national committeewomen;
CONTENTS
2 Delegates to conventions and conferences of political parties including delegates to nominate candidates for the Presidency and Vice Presidency of the United States;
3 Alternates to the ocials referred to in paragraphs (1) and (2) of this section, where permitted by political party rules; and
4 Such members and ocials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election at large or by ward in the District of Columbia.
0.1.1018
Board of ElectionsCreated; composition; term of oce; vacancies; reappointment; designation of Chairman.
a There is created a District of Columbia Board of Elections (hereafter in this subchapter referred to as the Board), to be composed of 3 members, no more than 2 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 3 years, except the members 1st appointed under this subchapter. One member shall be appointed to serve for a 1-year term, 1 member shall be appointed to serve for a 2-year term, and 1 member shall be appointed to serve for a 3-year term, as designated by the Mayor.
b Any person appointed to ll a vacancy on the Board shall be appointed only for the unexpired term of the member whose vacancy he or she is lling.
c A member may be reappointed, and, if not reappointed, the member shall serve until his successor has been appointed and qualies.
d The Mayor shall, from time to time, designate the Chairman of the Board.
803
0.1.1019
Board of ElectionsQualications; prohibited activities; compensation; removal; time for lling vacancy.
a When appointing a member of the Board, the Mayor and Council shall consider whether the individual possesses demonstrated integrity, independence, and public credibility and whether the individual has particular knowledge, training, or experience in government ethics or in elections law and procedure. A person shall not be a member of the Board unless he or she: 1 Is a duly registered voter; 2 Has resided in the District continuously since the beginning of the 3-year period ending on the day he or she is appointed; and 3 Holds no other paid oce or employment in the District government and no active oce, position, or employment in the federal government. b No person, while a member of the Board, shall:
1 Campaign for any other public oce; 2 Hold any oce in any political party or political committee; 3 Participate in or contribute to any political campaign of any candidate in any election held under this subchapter; 3A Be an ocer or a director of an organization receiving District funds, or an employee of an organization receiving District funds, who has managerial or discretionary responsibilities with respect to those funds; 4 Act in his or her capacity as a member, to directly or indirectly attempt to inuence any decision of a District government agency, department, or instrumentality relating to any action which is beyond the jurisdiction of the Board; or
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5 Be convicted of having committed a felony in the District of Columbia; or if the crime is committed elsewhere, conviction of such oense as would be a felony in the District of Columbia. c Each member of the Board, including the Chairman, shall receive compensation as provided in 1-611.08(c)(2). d (1) The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (a) or (b) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity he or she shall notify such member, in writing, of the charge against him or her and that such member has 7 days in which to request a hearing before the Council on such charge. If such member fails to request a hearing within 7 days after receiving such notice then the Mayor may remove such member and appoint a new member. 2 The hearing requested by a member may be either open or closed, as requested by such member. In the event such hearing is closed, the vote of the Council as a result of such hearing shall be taken at an open meeting of the Council. The Council shall begin such hearings within 60 calendar days after receiving notice from the Mayor indicating that a member has requested such a hearing. If two-thirds of the Council vote to remove such member then such member shall be removed. e Any vacancy occurring on the Board shall be lled within 45 days after the occurrence of such vacancy, excluding Saturdays, Sundays, and holidays.
0.1.1020
a
Board of ElectionsDuties.
The Board shall:
1 Accurately maintain a uniform, interactive computerized voter registration list which shall serve as the ocial voter registration list for all elections in the District, and shall contain the name, registration information, and a unique identier assigned for every registered voter in the District. The voter registration list shall be administered pursuant to the Help America Vote Act of 2002 and pertinent federal and local law, and shall be coordinated with other District agency databases;
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2 Take whatever action is necessary and appropriate to actively locate, identify, and register qualied voters; 3 Conduct elections; 4 Provide for recording and counting votes by means of ballots or machines or both; 5 Publish in the District of Columbia Register no later than 45 days before each election held under this subchapter, a ctitious name sample design and layout of the ballot to be used in the election. This requirement shall not apply to any special election to ll a vacancy in an Advisory Neighborhood Commission single-member district; 6 Publish in 1 or more newspapers of general circulation in the District, a sample copy of the ocial ballot to be used in any such election, provided, however, nothing contained herein shall require the publication of a sample copy of the ocial ballots to be used in the advisory neighborhood commissions elections; 7 Publish in the District of Columbia Register on the 3rd Friday of every month, the total number of qualied electors registered to vote in the District as of the last day of the month preceding publication. Such notice shall be broken down by ward and political party aliation, where applicable, and shall list the total number of new registrants, party changes, cancellations, changes of names, and/or addresses processed under each category; 8 Divide the District into appropriate voting precincts, each of which shall contain at least 350 registered persons; draw precinct lines within election wards created by the Council, subject to the approval of the Council, in whole or in part, by resolution; 9 Operate polling places; 10 Provide information regarding procedures for voter registration and absentee ballots to absent uniformed services voters and overseas voters in United States elections, accept valid voter registration applications, absentee ballot applications, and absentee ballots including write-in ballots from all of those voters, and comply with the Uniformed and Overseas Citizens
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Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. 1873 et seq.); 11 Certify nominees and the results of elections;
12 Take all reasonable steps to inform all residents and voters of elections and means of casting votes therein; 13 Repealed;
14 Issue such regulations and expressly delegate authority to ocials and employees of the Board (such delegations of authority only to be eective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this subchapter, Chapter 11A of this title, subchapter VII of this chapter, and related acts requiring implementation by the Board. The regulations authorized by this paragraph include those necessary to: Determine that candidates meet the statutory qualications for oce; dene the form of petitions; establish rules for the circulation and ling of petitions; establish criteria to determine the validity of signatures on petitions; and provide for the registration of any political party seeking to nominate directly candidates in any general or special election; 15 Take reasonable steps to facilitate voting by blind persons and persons with physical and developmental disabilities, qualied to vote under this subchapter, and to authorize such persons to cast a ballot with the assistance of a person of their own choosing; 15A At the request of a candidate, consider what action, if any, should be taken to clarify the identity of a candidate if there is potential for confusion among voters about the identity of a candidate because of the similarity of his or her name to another candidate or elected ocial; and 16 Perform such other duties as are imposed upon it by this subchapter; and 17 Perform duties imposed upon it by subchapter VII of this chapter.
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a-1 (1) The Board shall hold regular monthly meetings in accordance with a schedule to be established by the Board. Additional meetings may be called as needed by the Board. Except in the case of an emergency, the Board shall provide at least 48 hours notice of any additional meeting. 2 The Board shall make available for public inspection and post on its website a proposed agenda for each Board meeting as soon as practicable, but in any event at least 24 hours before a meeting. Copies of the agenda shall be available to the public at the meeting. The Board, according to its rules, may amend the agenda at the meeting. 3 All meetings of the Board shall be open to the public, unless the members vote to enter into executive session. The Board shall not vote, make resolutions or rulings, or take any actions of any kind during executive session, except those that: A Relate solely to the internal personnel rules or practices of the Board;
B Would result in the disclosure of matters specically exempted from disclosure by statute; provided, that the statute: i Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or ii Establishes particular criteria for withholding or refers to particular types of matters to be withheld; C Would result in the disclosure of trade secrets and commercial or nancial information obtained from a person and privileged or condential; D Involve accusing any person of a crime or formally censuring any person;
E Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
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F Would result in the disclosure of investigatory records compiled for law enforcement purposes or information which, if written, would be contained in the records, but only to the extent that the production of the records or information would: i ii Interfere with enforcement proceedings; Deprive a person of a right to a fair trial or an impartial adjudication;
iii Constitute an unwarranted invasion of personal privacy; or iv Disclose investigative techniques and procedures; or
G Specically concern the Boards issuance of a subpoena, the Boards participation in a civil action or proceeding, or disposition by the Board of a particular matter involving a determination on the record after opportunity for a hearing. 4 The Board shall keep the minutes of each meeting of the Board and shall make the minutes of each meeting available to the public for inspection and distribution, and shall post the minutes on the Boards website, as soon as practicable, but in all cases before the next regularly scheduled meeting. b (1) The Board shall, on the 1st Tuesday in April of each presidential election year, conduct a presidential preference primary election within the District of Columbia in which the registered qualied voters therein may express their preference for candidates of each political party of the District of Columbia for nomination for President. 2 No person shall be listed on the ballot as a candidate for nomination for President in such primary unless there shall have been led with the Board no later than 90 days before the date of such presidential primary election a petition on behalf of his or her candidacy signed by at least 1,000, or 1 3 (A) Candidates for delegate and alternates where permitted by political party rules to a particular political party national convention convened to nominate that partys candidate for President shall be listed on the ballot of the presidential preference primary held under this subchapter as:
809
i Full slates of candidates for delegates supporting a candidate for nomination for President if there shall have been led with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slates candidacy signed by the candidates on the slate, and by at least 1,000, or 1 ii Full slates of candidates for delegates not committed to support any named candidate for nomination for President if there shall have been led with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slates candidacy, signed by the candidates on the slate and by at least 1,000, or 1 iii An individual candidate for delegate supporting a candidate for nomination for President if there shall have been led with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1 iv An individual not committed to support any named candidate for nomination for President if there shall have been led with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1 B No candidate for delegate or alternate may be listed on the ballot unless such candidate was properly selected according to the rules of his political party relating to the nomination of candidates for delegate or alternate. C The governing body of each eligible party shall le with the Board, no later than 180 days prior to the presidential preference primary election: i Notication of that partys intent to conduct a presidential preference primary; and ii A plan for the election detailing the procedures to be followed in the selection of individual delegates and alternates to the convention of that party, including procedures for the selection of committed and uncommitted delegates.
810 4 The Board shall:
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A Arrange the ballot for the presidential preference primary so as to enable each voter to indicate his or her choice for presidential nominee and for the slate of delegates and alternates pledged to support that prospective nominee with 1 mark, and provide an alternative to vote for individual delegates or uncommitted slates of delegates; and B Clearly indicate on the ballot the candidate for nomination for President which a slate or candidate for delegate supports, or name of the person who shall manage an uncommitted slate of delegates. 5 The delegates and alternates, of each political party in the District of Columbia to the national convention of that party convened for the nomination of that party for President, elected in accordance with this subchapter, shall only be obliged to vote for the candidate whom he or she has been selected to represent in accordance with properly promulgated rules of the political party, on the 1st ballot cast at the convention for nominees for President, or until such time as such candidate to whom the delegate is committed withdraws his candidacy, whichever 1st occurs. c Each member of the Board and persons authorized by the Board may administer oaths to persons executing adavits pursuant to 1-1001.08. It may provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions. d The Board may permit either persons temporarily absent from the District or persons physically unable to appear personally at an ocial registration place to register for the purpose of voting in any election held under this subchapter. e (1)(A) The Board shall select, employ, and x the compensation for an Executive Director and such sta the Board deems necessary, subject to the pay limitations of 1-611.16. The Executive Director shall serve at the pleasure of the Board. The Board, at the request of the Director of Campaign Finance, shall provide employees, subject to the compensation provisions of this paragraph, as requested to carry out the powers and duties of the Director. Employees assigned to the Director shall, while so assigned,
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be under the direction and control of the Director and may not be reassigned without the concurrence of the Director. B The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position. C Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualied District resident applicant shall receive an additional 10-point preference over a qualied non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10point preference shall be in addition to, and not instead of, qualications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona de District residency for a period of 7 consecutive years from the eective date of hire and shall provide proof of bona de residency annually to the director of personnel of the Board for the rst 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees, their pay schedules, titles, and place of residence. 2 No provision of this subchapter shall be construed as permitting the Board to appoint any personnel who are not full-time paid employees of the Board to preliminarily determine alleged violations of the law aecting elections, conicts of interest, or lobbying. 3 The Board may appoint a General Counsel to serve at the pleasure of the Board. The General Counsel shall be entitled to receive compensation at the same rate as the Executive Director of the Board and shall be responsible solely to the Board. The General Counsel shall perform such duties as may be delegated or assigned to him or her by rule or order of the Board. 4 (A) The Board shall select, appoint, and x the compensation of temporary election workers to operate the polling places, including precinct captains who shall oversee the operations of polling places in accordance with rules prescribed by the Board, and polling place workers who shall assist the
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precinct captains. Precinct captains shall be qualied registered electors in the District. Polling place workers shall be qualied registered electors in the District; provided, that the Board may also appoint as polling place workers individuals who are at least 16 years of age on the day that they are working in this capacity, who reside in the District of Columbia, and who are enrolled in or have graduated from a public or private secondary school or an institution of higher education. Any polling place worker shall be required to: i Complete at least 4 hours of training;
ii Receive certication as a polling place worker under standards that the Board shall promulgate; and iii Take and sign an oath of oce to honestly, faithfully, and promptly perform the duties of oce. B The Board shall establish standards to measure the performance of polling place workers, including the past performance of a polling place worker, and shall consider the polling place workers past performance before appointing him or her to work as a polling place worker in a subsequent election. f (1) The Board shall prescribe such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity which would imply support or opposition to: A A candidate or group of candidates for oce in the District of Columbia; or B Any political party or political committee. 2 As used in this subsection, the terms oce, political party, and political committee shall have the same meaning as that prescribed in 11161.01.
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g Notwithstanding provisions of the District of Columbia Administrative Procedure Act ( 2-501 et seq.), the Board may hear any case brought before it under this subchapter or under Chapter 11A of this title by 1 member panels. An appeal from a decision of any such 1 member panel may be taken to either the full Board or to the District of Columbia Court of Appeals, at the option of any adversely aected party. If appeal is taken directly to the District of Columbia Court of Appeals, the decision of a 1 member panel shall be, for purposes of such appeal, considered to be a nal decision of the Board. If an appeal is taken from a decision of a 1 member panel to the full Board, the decision of the 1 member panel shall be stayed pending a nal decision of the Board. The Board may, upon a vote of the majority of its members, hear de novo all issues of fact or law relating to an appeal of a decision of a 1 member panel, except the Board may decide to consider only the record made before such 1 member panel. A nal decision of the full Board, relating to an appeal brought to it from a 1 member panel, shall be appealable to the District of Columbia Court of Appeals in the same manner and to the same extent as all other nal decisions of the Board. h (1) The Board, pursuant to regulations of general applicability, shall have the power to: A Require by subpoena the attendance and testimony of witnesses and the production of documents relating to the execution of the Boards duties; and B Order that testimony in any proceeding or investigation be taken by deposition before any person who is designated by the Board, and has the power to administer oaths and, in these instances, to compel the attendance and testimony of witnesses and the production of documents by subpoena. 2 The Board may petition the Superior Court of the District of Columbia to enforce the subpoena or order, in the case of a refusal to obey a subpoena or order of the Board issued pursuant to this subsection. Any person failing to obey the Courts order may be held in contempt of court. i The Board shall cause the following information to be posted at each polling place on the day of each election for federal oce: 1 A sample version of the ballot that will be used for the election;
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2 The election and the hours during which polling places will be open; 3 Instructions on the proper manner of completing a ballot, including a special ballot; 4 Instructions for mail-in registrants and rst-time voters under section 303(b) of the Help America Vote Act of 2002; 5 General information on voting rights under applicable federal and District laws, including the right to cast a special ballot and instructions to contact the appropriate ocials if these rights are alleged to have been violated, and; 6 General information on federal and District law regarding prohibitions on acts of voter fraud and misrepresentation. j Not later than 90 days after the date of each regularly scheduled general election for federal oce, the Board shall submit to the Mayor a report, in the format established by the United States Election Assistance Commission, on the number of absentee ballots sent to absent uniformed services voters and overseas voters for the election and the number of ballots which were returned by those voters to the Board. The report shall be transmitted by the Mayor to the United States Election Assistance Commission, and shall be made available to the general public. k Within 90 days following a general election, the Board shall publish on its website an after-action report. The report shall include the following information: 1 The total number of votes cast, broken down by type of ballot, and including the number of spoiled ballots and special ballots that were not counted; 2 The number of persons registered: A More than 30 days preceding the election;
B Between 30 days preceding the election and the date of the election; and
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) C On the date of the election; 3 The number of polling place workers, by precinct;
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4 Copies of any unocial summary reports generated by the Board on election night; 5 A synopsis of any issues identied in precinct captain or area representative logs; 6 Performance measurement data of polling place workers; 7 A description of any irregularities experienced on election day; and 8 Any other information considered relevant by the Board.
0.1.1021
Board independent agency; facilities; seal.
a In the performance of its duties, or in matters of procurement the Board shall not be subject to the direction of any nonjudicial ocer of the District, except as provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978 ( 1-601.01 et seq.). b The District government shall furnish to the Board, upon request of the Board, such space and facilities as are available in public buildings in the District to be used as registration or polling places, and such records, information, services, personnel, oces, and equipment, and such other assistance and facilities as may be necessary to enable the Board properly to perform its functions. Privately owned space, facilities and equipment may be rented by the Oce of Contracting and Procurement on behalf of the Board for the registration, polling, and other functions of the Board. c Subject to the approval of the Mayor of the District of Columbia, the Board is authorized to adopt and use a seal.
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0.1.1022
Establishment of the Election Reform Fund.
a There is established as a nonlapsing fund the Election Reform Fund (Fund), which shall be administered by the Board and shall be used for the purpose of implementing the Omnibus Election Reform Amendment Act of 2009 [D.C. Law 18-103]. On or about October 1, 2009, the Chief Financial Ocer shall deposit $300,000 into the Fund. b All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress. c Repealed.
0.1.1023
Voter.
If you did not change your residence, or changed residence but remained in the District, you should return the card not later than the deadline for mail registration for the next federal election (the 30th day before the election). If the card is not returned, armation of your address may be required before you are permitted to vote in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal oce that occurs after the date of the notice, and if you do not vote in an election during that period, your name will be removed from the list of eligible voters.. a No person shall be registered to vote in the District of Columbia unless:
1 He or she meets the qualications as a qualied elector as dened in 1-1001.02(2); 2 He or she executes an application to register to vote by signature or mark (unless prevented by physical disability) on a form approved pursuant to subsection (b) of this section or by the Federal Election Commission attesting that he or she meets the requirements as a qualied elector, and if he or she desires to vote in party election, this form shall indicate his or her political party aliation; and
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3 The Board approves his or her registration application as provided in subsection (e) of this section. a-1 (1) No application for voter registration may be accepted or processed by the Board unless the application includes: A The drivers license number of the applicant, or
B The last 4 digits of the social security number of an applicant who has not been issued a current and valid drivers license. 2 If an applicant has not been issued a current and valid drivers license or a social security number, the Board shall assign the applicant the unique identier assigned pursuant to 1-1001.05(a)(1). a-2 A person who is otherwise qualied may pre-register on or after that persons 16th birthday and may vote in any election occurring on or after that persons 17th birthday; provided, that the person is at least 18 years of age on or before the next general election. b In administering the provisions of subsection (a)(2) of this section:
1 The Board shall prepare and use a registration application form that meets the requirements of the National Voter Registration Act of 1993 and of the Help America Vote Act of 2002, and in which each request for information is readily understandable and can be satised by a concise answer or mark. 2 Mail-in voter registration application forms approved by the Board shall meet the requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 Stat. 77; 42 U.S.C. 1973gg et seq.) and the Help America Vote Act of 2002, shall be designed to provide an easily understood method of registering to vote by mail, and shall be mailed to the Board with postage prepaid. These forms shall have printed on them, in bold face type, the penalties for fraudulently attempting to register to vote pursuant to 11001.14(a) and the National Voter Registration Act of 1993. If an applicant fails to properly complete the registration form, the Boards registrar shall notify the applicant and provide the applicant with an opportunity to complete the form in a timely manner prior to the next election.
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3 The Board shall accept any application form that has been preapproved by the Board for the purpose of voter registration and meets the requirements of this subsection or has been approved for use by federal legislation or regulation. 4 The Board shall provide a eld on voter registration forms to allow an applicant to indicate his or her interest in working as a polling place worker during the next election. c (1)(A) Each Bureau of Motor Vehicle Services application (including any renewal application) shall automatically serve as an application to register to vote in the District of Columbia, unless the applicant fails to sign the voter registration portion of the application. B The Bureau of Motor Vehicle Services and the Board shall jointly develop an application form that shall allow an applicant who wishes to register to vote to do so by the use of a single form that contains the necessary information for voter registration and information required for the issuance, renewal, or correction of the applicants drivers permit or nondrivers identication card in any motor vehicle services oce. C The application for voter registration submitted pursuant to this subsection shall be considered as an update to any previous voter registration. D Any application submitted for the purpose of a change of address or name accepted by the Bureau of Motor Vehicle Services, pursuant to this subsection, shall be considered notication to the Board of the change of address or name unless the applicant states on the combined portion of the form that the change of address or name is not for voter registration purposes. E The combined portion of the application shall be designed so that the applicant can: i Clearly state whether the change of address or name is for voter registration purposes; ii Provide a mailing address, if mail is not received at the residence address; and
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) iii State whether he or she is a citizen of the United States.
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F On a separate and distinct portion of the form, to be used for voter registration purposes, the applicant shall: i ii Indicate a choice of party aliation (if any); Indicate the last address of voter registration (if known); and
iii Sign, under penalty of perjury, an attestation, which sets forth the requirements for voter registration, and states that he or she meets each of those requirements. G The instructions for completing the form shall also include a statement that: i If an applicant declines to register to vote, the fact that the applicant has declined to register will remain condential and will be used only for voter registration purposes; and ii If an applicant does register to vote, the oce at which the applicant submits a voter registration application will remain condential and will be used only for voter registration purposes. H The deadline for transmission of the voter registration application to the Board shall be not later than 10 days after the date of acceptance by the Bureau of Motor Vehicle Services, except that if a voter registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the Board not later than 5 days after the date of its acceptance. I An application to register to vote or for change of address, party, or name shall be considered received by the Board pursuant to subsection (e) of this section on the date it was accepted by the Bureau of Motor Vehicle Services.
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J Any form issued by mail for the purposes of correcting or updating a drivers permit or nondrivers identication card shall be designed so that the individual may state whether the change of address or name is for voter registration purposes and provide a mailing address, if mail is not received at the residence address. K The Board and the Bureau of Motor Vehicle Services shall match information in their respective databases to enable each agency to verify the accuracy of the information on applications for voter registration. 2 The registration application form shall be designed by the Board to provide an easily understood method of registering to vote by mail and shall be mailable to the Board postage prepaid. Such forms shall have printed on them in bold face type the penalties for fraudulently attempting to register to vote. d (1)(A) Any agency of the District of Columbia government that provides public assistance or that operates or funds programs primarily engaged in providing services to persons with disabilities shall be designated as a voter registration agency. B In addition to the agencies named in subparagraph (A) of this paragraph, the Department of Parks and Recreation, the Department of Corrections, the Department of Youth and Rehabilitative Services, and the Oce of Aging shall be designated as voter registration agencies. C The Mayor may designate any other executive branch agency of the District of Columbia government as a voter registration agency by ling written notice of the designation with the Board. D The District shall cooperate with the Secretary of Defense to develop and implement procedures for persons to apply to register to vote at Armed Forces recruitment oces. 2 The agencies named in paragraphs (1)(A), (B), and (C) of this subsection shall:
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A Distribute with each application for service or assistance, and with each recertication, renewal, or change of address form relating to the service or assistance, a voter registration application, unless the applicant, in writing, declines to register to vote; B Provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; C Provide the services described in this paragraph at the persons home, if a voter registration agency provides services to a person with a disability at the persons home; and D Accept completed forms and forward these forms to the Board as prescribed in this section. 3 Each voter registration agency shall, on its own application, document, or on a separate form, provide to each applicant for service or assistance, recertication or renewal, or change of address the following information: A The question, If you are not registered to vote where you live now, would you like to apply to register to vote here today?; B Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C) of this paragraph, together with the statement (in close proximity to the boxes and in prominent type), IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.; C The statement, If you would like help completing the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may complete the application form in private.; D The statement, If you believe that someone has interfered with your right to register or decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may le a complaint with the chief administrative ocer of the Board of Elections
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and Ethics.; the name, title, address, and telephone number of the chief administrative ocer shall be included on the form; and E If the voter registration agency provides public assistance, the statement, Applying to register or declining to register to vote will not aect the amount of assistance that you will be provided by this agency.. 4 No person who provides a voter registration service at a District of Columbia government agency shall: A Seek to inuence an applicants political preference or party registration;
B Display any political preference or party allegiance; C Make any statement to an applicant or take any action the purpose or eect of which is to discourage the applicant from registering to vote; or D Make any statement to an applicant or take any action the purpose or eect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benets. 5 Each agency that has been designated a voter registration agency in paragraph (1) of this subsection shall provide to each applicant who does not decline to register the same degree of assistance with regard to the completion of the registration application form as provided by the oce with regard to the completion of its own forms, unless the applicant refuses assistance. 6 No information that relates to a declination to register to vote in connection with an application made at an oce described in this subsection may be used for any purpose other than voter registration. 7 No voter registration agency shall reveal whether a particular individual completed an application to register to vote except when ordered by the ocer designated in paragraph (12)(A) of this subsection when a complaint has been led pursuant to paragraph (11) of this subsection or pursuant to 11 of the National Voter Registration Act of 1993.
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8 A completed voter registration application or change of address or name accepted at a voter registration agency shall be transmitted by the agency to the Board by not later than 10 days after its acceptance by the agency, except that if a voter registration application is accepted at a voter registration agency oce within 5 days before the deadline for voter registration in any election, the application shall be transmitted by the agency to the Board not later than 5 days after the date of acceptance. 9 An application accepted at a voter registration agency shall be considered to have been received by the Board pursuant to subsection (e) of this section as of the date of acceptance by the voter registration agency. 10 Notwithstanding any other provision of law, the Board shall ensure that the identity of the voter registration agency through which any particular individual is registered to vote is not disclosed to the public. 11 An allegation of violation of the National Voter Registration Act of 1993 or of this subchapter may be made in writing, led with the chief administrative ocer of the Board and detail concisely the alleged violation. 12 (A) The Board shall designate its chief administrative ocer as the ocial responsible for the coordination of the District of Columbias responsibilities under the National Voter Registration Act of 1993 and as the ocial responsible for the coordination of this subchapter. B The chief administrative ocer designated under subparagraph (A) of this paragraph and the Board shall have the authority: i To request any voter registration agency to submit in writing any reports and to answer any questions as the chief administrative ocer or the Board may prescribe that relate to the administration and enforcement of the National Voter Registration Act of 1993 and of this subchapter; and ii To bring a civil action in the Superior Court of the District of Columbia for declaratory or injunctive relief with respect to the failure of any voter registration agency to comply with the requirements of this subchapter.
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13 The Board may adopt regulations with respect to the coordination and administration of the National Voter Registration Act Conforming Amendment Act of 1994 and the National Voter Registration Act of 1993. 14 (A) Agencies, other than voter registration agencies, may be designated as application distribution agencies. These agencies shall include the District of Columbia Public Library, the District of Columbia Fire Department, the Metropolitan Police Department, and any other executive agency the Mayor designates in writing. B Each application distribution agency shall request, and the Board shall provide, sucient quantities of mail-in voter registration applications for distribution to the public. C These mail-in voter registration applications shall be placed in each oce or substation of the agency in an accessible location and in clear view so that citizens may easily obtain a mail-in voter registration application. D Nothing in this subsection shall be deemed to require or permit employees of a mail-in voter registration application distribution agency to accept completed forms for delivery to the Board or to provide assistance in completing an application. e (1) Within 19 calendar days after the receipt of a registration application form from any applicant, the Board shall mail a non-forwardable voter registration notication to the applicant advising the applicant of the acceptance or rejection of the registration application by its chief voter registration ofcial. 2 If the application is accepted, the notication shall include the applicants name, address, date of birth, party aliation (if any), ward, precinct and Advisory Neighborhood Commission single-member district (SMD), the address of the applicants polling place and the hours during which the polls will be open. The voter registration notication shall state that the applicant shall not vote before her or his 18th birthday. The Board may include along with the registration notication any voter education materials it deems appropriate. Registration of the applicant shall be eective on the date the Board determines that the applicant is a qualied elector and eligible to register to vote in the District of Columbia.
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3 If the application is rejected, the notication shall include the reason or reasons for the rejection and shall inform the voter of his or her right to appeal the rejection pursuant to subsection (f) of this section. 4 If the voter registration notication is returned to the Board as undeliverable, the Board shall mail the notice provided in subsection (j)(1)(B) of this section. 5 (A) Any duly registered voter may le with the Board objections to the registration of any person whom he or she has reason to believe is ctitious, deceased, a disqualied person, or otherwise ineligible to vote (except with respect to a change of residence), or le a request for the addition of any person whose name he or she has reason to believe has been erroneously omitted or cancelled from the voter roll. Application for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and include any evidence in support of the challenge that the registrant is not qualied to be a registered voter. The Board shall issue regulations establishing an expedited procedure for its review of a voter registration challenge or an application for correction of the voter roll led during the period beginning on the 90th day before an election and ending on the 45th day before an election. The Board shall not accept a voter registration challenge or application for correction of the voter roll after the 45th day before an election. B The Board shall send notice to any person whose registration has been challenged along with a copy of any evidence led in support of the challenge. The notice shall be sent to the address listed on the Boards records. The notice shall state that the registrant must respond to the challenge not later than 30 days from the date of the mailing of the notice or be cancelled from the voter roll. C The Boards chief voter registration ocial shall make a determination with respect to the challenge within 10 days of receipt of the challenged registrants response. The determination shall be sent by rst class mail to the challenged registrant and the person who led the challenge. Within 14 days of mailing the notice, any aggrieved party may appeal, in writing, the chief voter registration ocials determination to the Board. The Board shall conduct a hearing and issue a decision within 30 days of receipt of the written notice of appeal.
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CONTENTS
D With respect to a request for the addition of a person to the voter roll, if the Boards records do not evidence that the individual named has been erroneously omitted or cancelled, the Board shall send notice to the individual named in the request and to the person who led the request. The notice shall state that the named individual must le a completed voter registration application in order to become a registered voter in the District. 6 An individual whose registration has been cancelled under this section shall not be eligible to vote except by re-registration as provided in this section. f In the case where a voter registration application is rejected pursuant to subsection (e) of this section, the Board shall immediately notify the individual of the rejection by rst class mail. The individual may request a hearing before the Board on the rejection within 14 days after the notication is mailed. Upon the request for a hearing, the Board shall hold the hearing within 30 days after receipt of the request. At the hearing, the applicant and any interested party, may appear and give testimony on the issue. The Board shall determine the issue within 2 days after the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the Boards decision. The decision of the Court shall be nal and not appealable. If any part of the process is pending on the date of any election held under this subchapter, the person whose registration is in question shall be permitted to cast a ballot in such election which is designated challenged. The ballot shall be counted in the election if the applicant is ultimately deemed to be a qualied registered elector. f-1 Repealed.
g (1) At any time except during the 30-day period preceding any regularly scheduled election, a qualied elector or any individual who will be a qualied elector at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application and submitting it in person at the Boards oce or by mail. A registration that is received no later than 4:45 P.M. on the 30th day preceding any election, or such time on that day as the Boards oce remains open to receive registrations, shall be accepted.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 2 The Board shall process:
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A Mailed voter registration applications and registration update notications received postmarked by not later than the 30th day preceding any election; and B Timely completed non-postmarked voter registration applications and registration update notications mailed and received not later than the 23rd day preceding any election. 3 The Board shall process faxed postcard applications from persons eligible to vote absentee in federal elections in the District of Columbia pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. 1973 et seq.), which are faxed not later than the 30th day preceding any election. 4 After the 30th day preceding an election, a qualied elector may register to vote in the precinct in which the voter maintains residence by completing a voter registration application and submitting it in person at the Boards oce. A qualied elector shall not change his or her party aliation after the 30th day preceding an election. 5 A qualied elector may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence by completing a voter registration application, making an oath in the form prescribed by the Board, and providing proof of residence. An individual may prove residence for purposes of registering by presenting such identication as required under federal law, District law, or Board regulation. Each individual who registers on Election Day shall cast a special ballot, subject to the Boards verication of residence. A qualied elector shall not change his or her party aliation on election day. 6 The precinct captain shall keep a record of individuals who attempt to register on election day and shall indicate the form of proof of residency provided by the person. The record shall be forwarded to the Board with the election returns for that precinct. 7 (A) The Board shall maintain a list, including the name and addresses, of all individuals who either:
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CONTENTS
i Attempted to register and vote in the election, but could not provide proof of residence; or ii Successfully registered and voted.
B The Board shall make the list available to public inspection upon request. h (1) No later than 45 days preceding any election held under this subchapter, the Board shall cause a District-wide alphabetical list of qualied electors registered to vote in the District to be placed in the main public library and shall cause an alphabetical ward list of qualied registered electors for each ward to be placed in each branch library located within the respective ward. Such lists shall be current as of the 60th day preceding such elections. 2 The Board shall cause a copy of the list of qualied electors registered to vote as of the date the voter registry closed to be placed in public buildings of the District of Columbia for a period of not less than 14 days preceding each election held under this subchapter as follows: A A District-wide list shall be placed in the main public library; and
B A ward list for the ward shall be placed in every branch library located within the respective ward. 3 The provisions of this subsection shall not apply when a special election is held to ll a vacancy in an Advisory Neighborhood Commission singlemember district. i (1) A person shall be entitled to vote in an election in the District of Columbia if he or she is a duly registered voter. A qualied elector shall be considered duly registered in the District if he or she has met the requirements for voter registration and, on the day of the election, either resides at the address listed on the Boards records or les an election day change of address pursuant to this subsection.
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2 Each registered voter who changes his or her place of residence from that listed on the Boards records shall notify the Board, in writing, of the new residence address. A change of address shall be eective on the date the notication was mailed as shown by the United States Postal Service postmark. If not postmarked, the notication shall be eective on the date of receipt by the Board. Change of address notications from registrants shall be accepted pursuant to subsection (g) of this section, except that any registrant who has not notied the Board of his or her current residence address by the deadline established by subsection (g) of this section may be permitted to vote at the polling place that serves the current residence address by ling an election day change of address notice pursuant to paragraph (4) of this subsection. 3 Each registered voter who votes at a polling place on election day shall arm his or her residence address as it appears on the ocial registration roll for the precinct. The act of signing a copy of the ocial registration roll for the precinct shall be deemed armation of the voters address as it appears on the Boards registration records. 4 (A) A registered voter who has moved within the District but has not notied the Board in writing of his or her current address by the deadline established pursuant to subsection (g) of this section, or who is designated inactive pursuant to subsection (j) of this section, shall, prior to being permitted to vote, le notication of a change of address on a form provided by the Board, at the polling place serving the current residence address. B A registered voter who les an election day change of address at the precinct of current residence in accordance with this paragraph shall, by written armation, establish identity and current residence within the precinct at the time of voting. C The ballot of each person who les a change of address at a polling place shall be stamped special and placed in a sealed envelope. The outside of the special ballot envelope shall contain the armation signed by the voter attesting to his or her qualications to vote in the election, the date of birth of the voter, and any other information as the Board deems necessary for its chief registration ocial to determine that the individual is qualied to have the ballot counted. The ocial in charge of the polling place shall provide the voter with written notication of the means by which the voter
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CONTENTS
can determine from the Board whether the ballot will be counted and of the voters right of appeal pursuant to 1-1001.09(e) should the chief registration ocial determine that the voter is not qualied to vote in the election. 5 (A) As soon as practicable after the election, the Board shall mail each registered voter who led a change of address at the polls on election day a nonforwardable address conrmation notice to the address provided in the written armation. B Where the United States Postal Service returns the address conrmation notication as undeliverable or indicating that the registrant does not live at the address provided in the written armation, the Board shall notify the Corporation Counsel of the District of Columbia. 6 Each individual who has not previously voted in a federal election in the District and who registers to vote by mail shall present, either at the time of registration, at the polling place, or when voting by mail, a copy of a current and valid government photo identication or a copy of a current utility bill, bank statement, government check, or pay check that shows the name and address of the voter. Individuals who fail to present this identication shall vote by special ballot. This paragraph shall not apply to: A Individuals whose registration application includes a drivers license number or at least the last 4 digits of the individuals social security number, and matches an existing identication record bearing the same number, name, and date of birth as the application; or B Individuals entitled to vote otherwise than in person under federal law. j (1) The Board shall develop a systematic program to maintain the voter roll and keep it current. This program shall include the following: A In January of each odd-numbered year, the Board shall conrm the address of each registered voter who did not conrm his or her address through the voting process or le a change of address at the polls in the preceding general election by mailing a rst class nonforwardable postcard to the address listed on the Boards records.
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B (i) If the United States Postal Service returns the notice and provides a new address for the registrant within the District of Columbia, the Board shall change the address on its records and mail to both the old and new addresses of the registrant a forwardable notication that the address has been changed to reect the information obtained from the United States Postal Service. ii If the United States Postal Service returns the notice and provides a new address outside the District of Columbia, the Board shall mail a forwardable notice to both the old and new address informing the registrant how to register to vote in the new jurisdiction or correct the address information obtained from the United States Postal Service. iii If the United States Postal Service returns the notice to the Board as undeliverable, the Board shall mail to the registrant at his or her last known address the notice prescribed in sub-subparagraph (ii) of this subparagraph. C The notices prescribed in subparagraphs (A) and (B) of this paragraph shall include a pre-addressed and postage paid return notication postcard to enable the registrant to correct any address information obtained from the United States Postal Service. In addition, the notices shall include the following information: D The Board may, in addition, utilize information obtained from the United States Postal Service, the National Change of Address System (NCOA), the Bureau of Motor Vehicle Services (subject to the provisions of subsection (c)(1)(D) of this section, which identies registrants who have moved from the addresses listed on the Boards records. In these cases the Board shall issue the notices prescribed in subparagraph (B) of this paragraph. 2 (A) Upon mailing of the notice required in paragraph (1)(B) of this subsection, the registrants voter registration status shall be designated as inactive on the voter roll. B Where a registered voter is designated as inactive on the voter roll pursuant to subparagraph (A) of this paragraph and the registrant provides the Board with a current residence address, or votes in any election in accordance with subsection (i) of this section by the date established in subparagraph
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CONTENTS
(C) of this paragraph, the inactive designation shall be removed from the registrants record. C Where the Board mails the notice required in paragraph (1)(B) of this subsection, and the registrant fails to respond to the notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second general election for federal oce, the registrants name shall be removed from the voter roll. 3 As part of its systematic voter roll maintenance program, the Board may, by regulation, develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notication was received from the Bureau of Vital Statistics, who have moved from the District and no notication was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualications as duly registered voters. 4 Any systematic program conducted by the Board to identify individuals who do not reside at the address listed on the Boards records shall be completed not less than the 90th day immediately preceding any primary, general, or District-wide special election. 5 The voter registrations of individuals whose registrations are designated as inactive on the voter roll, pursuant to paragraph (2) of this subsection: A Shall not be utilized in the calculation of the number of signatures required for qualication of candidate, initiative, referendum, and recall petitions; B Shall not be counted as valid in the verication of signatures pursuant to 1-1001.08(o), 1-1001.16(o), and 1-1001.17(k); C Shall not be included where the Board is required: i To provide lists of registered voters at the polls on election day or for public inspection; ii To calculate or report the number of registered voters for an administrative purpose; or
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) iii For the issuance of information mailings; and
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D Their names shall not be sold by the Board either in hard copy form or electronic media, except upon specic request of the purchaser and the fact that the registrations are designated as inactive is made known to the purchaser. k (1) The Board shall cancel a voter registration upon receipt of a signed request from the registrant, upon notication of the death of a registrant, upon notication of a registrants incarceration for conviction of a felony, upon notication that the registrant has registered to vote in another jurisdiction, or for any other reason specically authorized in this subchapter. 2 The Board shall request at least monthly, and the Mayor shall furnish, the name, address, and date of birth, if known, of each District resident 18 years of age and over reported deceased within the District, together with the name and address of each District resident who has been reported deceased by other jurisdictions since the date of the previous report. 3 The Board shall request at least monthly, and the Superior Court of the District of Columbia shall furnish, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report, and the former and present names and address of each person whose name has been changed by decree or order of the Court since the date of the previous report. 4 The Board shall request from the United States District Court for the District of Columbia, at least monthly, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report. 5 Any individual whose registration has been cancelled shall not be permitted to vote except by re-registration as provided in this section. l Before May 1, 2010, the Board shall submit to the Council a report indicating the feasibility of implementing automatic voter registration in the District.
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0.1.1024
Qualications of candidates and electors; nomination and election of Delegate, Mayor, Chairman, members of Council, and members of Board of Education; petition requirements; arrangement of ballot.
a (1) Each candidate for election to the oce of national committeeman or alternate, or national committeewoman or alternate, and for election as a member or ocial designated for election at large under paragraph (4) of 1-1001.01, shall be a qualied elector registered under 1-1001.07 who has been nominated for such oce, or for election as such member or ocial, by a nominating petition: A Signed by not less than 500, or 1
B Filed with the Board not later than the 90th day before the date of the election held for such oce, member, or ocial. 2 In the case of a nominating petition for a candidate for election as a member or ocial designated for election from a ward under paragraph (4) of 1-1001.01, such petition shall be prepared and led in the same manner as a petition prepared and led by a candidate under paragraph (1) of this subsection and signed by 100, or 1 b (1)(A) No person shall hold elected oce pursuant to this section unless he or she has been a bona de resident of the District of Columbia continuously since the beginning of the 90-day period ending on the date of the next election, and is a qualied elector registered under 1-1001.07. B Repealed. C Repealed. 2 Only registered, qualied electors of the District of Columbia are authorized to circulate nominating petitions of candidates for elected oce pursuant to this subchapter. The Board shall consider invalid the signatures on any petition sheet which was circulated by a person who, at the time of circulation, was not a registered, qualied elector of the District of Columbia.
835
3 All signatures on a petition shall be made by the person whose signature it purports to be and not by any other person. Each petition shall contain an adavit, made under penalty of perjury, in a form to be determined by the Board and signed by the circulator of that petition which shall state that the circulator is a registered voter and has: A Personally circulated the petition;
B Personally witnessed each person sign the petition; and C Inquired from each signer whether he or she is a registered voter in the same party as the candidate and, where applicable, whether the signer is registered in and a resident of the ward from which the candidate seeks election. 4 Any circulator who knowingly and willfully violates any provisions of this section, or any regulations promulgated pursuant to this section, shall upon conviction be subject to a ne of not more than $10,000, or imprisonment for not more than 6 months, or both. Each occurrence of a violation of this section shall constitute a separate oense. Violations of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia. c (1) In such election of ocials referred to in paragraph (1) of 1- 1001.01, and in each election of ocials designated for election at large pursuant to paragraph (4) of 1-1001.01, the Board shall arrange the ballot of each party to enable the registered voters of such party to vote separately or by slate for each ocial duly qualied and nominated for election to such oce. 2 In each election of ocials designated, pursuant to paragraph (4) of 11001.01, for election from a ward, the Board shall arrange the ballot of each party to enable the registered voters of such party, residing in such ward, to vote separately or by slate for each ocial duly qualied and nominated from such ward for election to such oce from such ward. d Each political party which had in the next preceding election year at least 7,500 votes cast in the general election for a candidate of the party to the oce of Delegate, Mayor, Chairman of the Council, or member of the Council, shall be entitled to elect candidates for presidential electors,
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CONTENTS
provided that the party has met all deadlines set out in this subchapter or by regulation for the submission of a party plan for the election. The executive committee of the organization recognized by the national committee of each such party as the ocial organization of that party in the District of Columbia shall nominate by appropriate means the presidential electors for that party. Nominations shall be made by message to the Board on or before September 1st next preceding a presidential election. e The names of the candidates of each political party for President and Vice President shall be placed on the ballot under the title and device, if any, of that party as designated by the duly authorized committee of the organization recognized by the national committee of that party as the ocial organization of that party in the District. The form of the ballot shall be determined by that Board. The position on the ballot of names of candidates for President and Vice President shall be determined by lot. The names of persons nominated as candidates for electors of President and Vice President shall not appear on the ballot. f A political party which does not qualify under subsection (d) of this section may have the names of its candidates for President and Vice President of the United States printed on the general election ballot provided a petition nominating the appropriate number of candidates for presidential electors signed by at least 1 per centum of registered qualied electors of the District of Columbia, as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election. g No person may be elected to the oce of elector of President and Vice President pursuant to this subchapter unless: 1 He or she is a registered voter in the District; and 2 He or she has been a bona de resident of the District for a period of 3 years immediately preceding the date of the presidential election. Each person elected as elector of President and Vice President shall, in the presence of the Board, take an oath or solemnly arm that he or she will vote for the candidates of the party he or she has been nominated to represent, and it shall be his or her duty to vote in such manner in the electoral college.
837
h (1)(A) The Delegate, Mayor, Chairman of the Council of the District of Columbia and the 4 at-large members of the Council shall be elected by the registered qualied electors of the District of Columbia in a general election. Each candidate for the oce of Delegate, Mayor, Chairman of the Council of the District of Columbia, and at-large members of the Council in any general election shall, except as otherwise provided in subsection (j) of this section and 1-1001.10(d), have been elected by the registered qualied electors of the District as such candidate by the next preceding primary election. B (i) A member of the oce of Council (other than the Chairman and any member elected at large) shall be elected in a general election by the registered qualied electors of the respective ward of the District from which the individual seeking such oce was elected as a candidate for such oce as provided in sub-subparagraph (ii) of this subparagraph. ii Each candidate for the oce of member of the Council (other than Chairman and at-large members) shall, except as otherwise provided in subsection (j) of this section and 1-1001.10(d), have been elected as such a candidate, by the registered qualied electors of the ward of the District from which such individual was nominated, at the next preceding primary election to ll such oce within that ward. 2 The nomination and election of any individual to the oce of Delegate, Mayor, Chairman of the Council and member of the Council shall be governed by the provisions of this subchapter. No political party shall be qualied to hold a primary election to select candidates for election to any such oce in a general election unless, in the next preceding election year, at least 7,500 votes were cast in the general election for a candidate of such party for any such oce or for its candidates for electors of President and Vice President. i (1) Each individual in a primary election for candidate for the oce of Delegate, Mayor, Chairman of the Council, or at-large member of the Council shall be nominated for any such oce by a petition: A Filed with the Board not later than 90 days before the date of such primary election; and
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CONTENTS
B Signed by at least 2,000 registered qualied electors of the same political party as the nominee, or by 1 per centum of the duly registered members of such political party, whichever is less, as shown by the records of the Board as of the 144th day before the date of such election. 2 Each individual in a primary election for candidate for the oce of member of the Council (other than Chairman and at-large members) shall be nominated for such oce by a petition led with the Board not later than 90 days before the date of such primary election, and signed by at least 250 persons, or by 1 per centum of persons (whichever is less, in the ward from which such individual seeks election) who are duly registered in such ward under 1-1001.07 and who are of the same political party as the nominee. 3 For the purpose of computing nominating petition signature requirements, the Board shall by noon on the 144th day preceding the election post and make available the exact number of qualied registered electors in the District by party, ward, and precinct, as provided in this subsection. The Board shall make available for public inspection, in the oce of the Board, the entire list of registered electors upon which such count was based. Such list shall be retained by the Board until the period for circulating, ling, and challenging petitions has ended. 4 A nominating petition for a candidate in a primary election for any such oce may not be circulated for signature before the 144th day preceding the date of such election and may not be led with the Board before the 115th day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall arrange the ballot of each political party in each such primary election as to enable a voter of such party to vote for nominated candidates of that party. j (1) A duly qualied candidate for the oce of Delegate, Mayor, Chairman of the Council, or member of the Council, may, subject to the provisions of this subsection, be nominated directly as such a candidate for election for such oce (including any such election to be held to ll a vacancy). Such person shall be nominated by petition: A Filed with the Board not less than 90 days before the date of such general election; and
839
B In the case of a person who is a candidate for the oce of member of the Council (other than the Chairman or an at-large member), signed by 500 voters who are duly registered under 1-1001.07 in the ward from which the candidate seeks election; and in the case of a person who is a candidate for the oce of Delegate, Mayor, Chairman of the Council, or at-large member of the Council, signed by duly registered voters equal in number to 1 1/2 per centum of the total number of registered voters in the District, as shown by the records of the Board as of 144 days before the date of such election, or by 3,000 persons duly registered under 1-1001.07, whichever is less. No signatures on such a petition may be counted which have been made on such petition more than 123 days before the date of such election. 2 Nominations under this subsection for candidates for election in a general election to any oce referred to in paragraph (1) of this subsection shall be of no force and eect with respect to any person whose name has appeared on the ballot of a primary election for that oce held within 8 months before the date of such general election. 3 No person shall be nominated directly as a candidate in any general election for the oce of Delegate, Mayor, Chairman of the Council, member of the Council, United States Senator, or United States Representative who is registered to vote as aliated with a party qualied to conduct a primary election. k (1) In each general election for the oce of member of the Council (other than the oce of the Chairman or an at-large member), the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any 1 candidate who: A Has been duly elected by any political party in the next preceding primary election for such oce from such ward; B Has been duly nominated to ll a vacancy in such oce in such ward pursuant to 1-1001.10(d); or C Has been nominated directly as a candidate for such oce in such ward under subsection (j) of this section.
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CONTENTS
2 In each general election for the oce of Chairman and member of the Council at large, the Board shall arrange the ballots to enable a registered qualied elector to vote for as many candidates for election as members at large as there are members at large to be elected in such election, including the Chairman. Such candidates shall be only those persons who: A Have been duly elected by any political party in the next preceding primary election for such oce; B Have been duly nominated to ll vacancies in such oce pursuant to 1-1001.10(d); or C Have been nominated directly as a candidate under subsection (j) of this section. 3 In each general election for the oce of Delegate and Mayor, the Board shall arrange the ballots to enable a registered qualied elector to vote for any 1 of the candidates for any such oce who: A Has been duly elected by any political party in the next preceding primary election for such oce; B Has been duly nominated to ll a vacancy in such oce pursuant to 1-1001.10(d); or C Has been nominated directly as a candidate under subsection (j) of this section. l (1) Designation of oces of local party committees to be lled by election pursuant to paragraph (4) of 1-1001.01 shall be eected, in accordance with the provision of this subsection, by written communication signed by the chairman of such committee and led with the Board not later than 180 days before the date of such election. 2 The notication shall specify separately: A A comprehensive plan for the scheduled election;
841
B The titles of the oces and the total number of members to be elected at large, if any; C The title of the oces and the total number of members to be elected by ward, if any; and D The procedures to be followed in nominating and electing these members. 3 Repealed. m The election of the members of the Board of Education shall be conducted on a nonpartisan basis and in accordance with this subchapter. n Each candidate in a general or special election for member of the Board of Education shall be nominated for such oce by a nominating petition: (A) Filed with the Board not later than the 90th calendar day before the date of such general or special election; and (B) signed by at least 200 qualied electors who are duly registered under 1-1001.07, who reside in the school district or ward from which the candidate seeks election, or in the case of a candidate running at large, signed by at least 1,000 of the qualied electors in the District of Columbia registered under such 1-1001.07. A nominating petition for a candidate in a general or special election for member of the Board of Education may not be circulated for signatures before the 144th day preceding the date of such election and may not be led with the Board before the 115th day preceding such date. In a general or special election for members of the Board of Education, the Board shall arrange the ballot for each school district or ward to enable a voter registered in that school district or ward to vote for any 1 candidate duly nominated to be elected to such oce from such school district or ward, and to vote for as many candidates duly nominated for election at large to such oce as there are Board of Education members to be elected at large in such election. o (1) The Board is authorized to accept any nominating petition for a candidate for any oce as bona de with respect to the qualications of the signatures thereto if the original or facsimile thereof has been posted in a suitable public place for a 10-day period beginning on the third day after the ling deadline for nominating petitions for the oce. Any registered qualied elector may within the 10-day period challenge the validity of any
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petition by written statement signed by the challenger and led with the Board and specifying concisely the alleged defects in the petition. A copy of the challenge shall be sent by the Board promptly to the person designated for the purpose in the nominating petition. In a special election to ll a vacancy in an Advisory Neighborhood Commission single-member district, the period prescribed in this paragraph for posting and challenge shall be 5 days, excluding weekends and holidays. 2 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged nominating petition not more than 20 days after the challenge has been led. Within 3 days after announcement of the determination of the Board with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be nal and not appealable. 2A Repealed.
3 For the purpose of verifying a signature on any petition led pursuant to this section, the Board shall rst determine if the address on the petition is the same as the address shown of the signers voter registration record. If the address is dierent than the address which appears on the signers registration record, the address shall be deemed valid if: A The signers current address is within the single member district for an Advisory Neighborhood Commission election, within the school district for a school board election, within the ward for a ward-wide election, or within the District of Columbia for an at-large election; and B The signer les a change of address form with the Board during the rst 10 days of the period designated for resolving challenges to petitions. p In any election, the order in which the names of the candidates for oce appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board.
843
q Any petition required to be led under this subchapter by a particular date must be led no later than 5:00 p.m. on such date. r (1) In any primary, general, or special election held in the District of Columbia to nominate or elect candidates to public oce, a voter may cast a write-in vote for a candidate other than those who have qualied to appear on the ballot. 2 To be eligible to receive the nomination of a political party for public oce, a write-in candidate shall be a duly registered member of the party nominated and shall meet all the other qualications required for election to the oce and shall declare his or her candidacy not later than 4:45 p.m. on the third day immediately following the date of the election on a form or forms prescribed by the Board. 3 To be eligible for election to public oce, a write-in candidate shall be a duly registered elector and shall meet all of the other qualications required for election to the oce and shall declare his or her candidacy not later than 4:45 p.m. on the seventh day immediately following the date of the election in which he or she was a candidate on a form or forms prescribed by the Board. 4 In party oce elections, write-in voting provisions may also be subject to the party rules. s The Board shall submit to the Mayor and Council a feasibility study of mail-ballot voting procedures, within 6 months after October 21, 2000. The study shall outline the advantages and disadvantages of mail-ballot procedures and recommend whether mail-ballot procedures should be implemented in District of Columbia elections. The study shall include an analysis of the following issues and topics that the Board deems appropriate: 1 Administration and logistics; 2 Ballot integrity and electoral fairness; 3 Voter turnout;
844 4 Cost;
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5 Applicability to special elections and regularly scheduled elections; and 6 The experiences of other jurisdictions that have used mail-ballot procedures.
0.1.1025
Secrecy required; place of voting; watchers; challenged ballots; assistance in marking ballot or operating voting machine; more than 1 vote prohibited; unopposed candidates; availability of regulations at polling place; deposit, inspection, and destruction of ballots.
Voting in all elections shall be secret.
b (1) Except as provided in paragraphs (2) and (3) of this subsection, each registered qualied elector shall cast his or her vote in the voting precinct that serves his or her current residence address. 2 The Board shall permit any duly registered voter to vote by absentee ballot, for any reason, under such rules as the Board may issue. 3 If a person who is a registered qualied elector of the District casts a vote in a voting precinct that does not serve his or her current residence address by special ballot, the Board shall count that vote for all contests for which the elector would have been eligible to cast votes had he or she cast a vote in the correct voting precinct. b-1 (1) For each primary and general election, the Board shall designate no fewer than 4 early voting centers. 2 At each early voting center, the Board shall allow persons to vote in person for not more than 7 days before election day; provided, that no early voting shall occur on a holiday. 3 The Department of General Services shall assist the Board in identifying appropriate locations for use as early voting centers.
845
4 The Chief Technology Ocer shall assist the Board in ensuring that each early voting center maintains a secure network environment with the Boards oce. 5 Before January 31, 2011, the Board shall submit a report to the Council on the eectiveness of using early voting centers, including information about: A The eect of early voting centers on turnout rates;
B Whether the expanded use of early voting centers could permit for consolidation of precincts; or C Other information about cost savings opportunities for the use of polling places. 6 The Board shall issue rules implementing this subsection. b-2 The Board may provide blank ballots by fax, e-mail, or other electronic means to absent uniformed services voters and overseas voters in federal elections. c Any candidate or group of candidates may, not less than 2 weeks prior to such election, petition the Board for credentials authorizing watchers at 1 or more polling places and at the place or places where the vote is to be counted for the next election during voting hours and until the count has been completed. The Board shall formulate rules and regulations not inconsistent with this subchapter to prescribe the form of watchers credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not of the election will not be unreasonably obstructed. Such rules and regulations should provide fair opportunity for watchers for all candidates or groups of candidates to challenge prospective voters whom the watchers believe to be unqualied to vote, to question the accuracy in the vote count, and otherwise to observe the conduct of the election at the polling place and the counting of votes.
846
CONTENTS
c-1 The Board shall issue rules for granting access to the electoral process, including access to polling places, ballot-tabulation centers, and other similar locations, to election observers. The rules shall take into account the need to avoid disruption and crowding in polling places and ballot-tabulation centers and the need to ensure that all questions posed by observers should be answered as fully, accurately, and cooperatively as possible. Election observers shall be allowed uniform and nondiscriminatory access to all stages of the election process, including the certication of election technologies, early and absentee voting, and vote tabulation. The Board shall issue a public notice with respect to any denial of a request by any election observer for access to any polling place for purposes of observing an election. The notice shall be issued not later than 24 hours after the denial. d (1) A registered voter may challenge another voters status as a qualied elector of the District of Columbia by stating in writing the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge. The challenger shall sign an adavit, declaring under penalty of perjury, that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualied elector of the District. After receiving a challenge or making a challenge on his or her own initiative, the precinct captain or other ocial in charge of the polling place shall give the challenged voter an opportunity to respond. 2 Notwithstanding paragraph (1) of this subsection, a voter shall not be challenged solely on the basis of characteristics or perceived characteristics not directly related to the challenged voters status as a registered qualied elector, including race, color, religion, sex, personal appearance, sexual orientation, gender identity or expression, matriculation status, political afliation, or physical disability. The Board may remove a precinct captain or void the credentials of an authorized watcher, or refer the matter for prosecution as a violation of 1-1001.12, if the Board determines that the precinct captain or the watcher has violated the provisions of this paragraph. 3 The precinct captain shall review the evidence presented and shall arm the challenge if he or she nds that it is based on substantial evidence specic to the voter being challenged and probative of the challenged voters status as a qualied elector. The precinct captain shall deny the challenge if he or she nds that the challenge is not based on substantial evidence that is
847
specic to the voter being challenged and probative of the challenged voters status as a qualied elector. The precinct captain shall record the decision and the rationale for the decision on a form provided by the Board. 4 If the precinct captain denies the challenge, he or she shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board. Any appeal of the precinct captains decision to deny the challenge shall be made either before the challenged voter casts a regular ballot, or before either the challenger or the challenged voter leaves the polling place, whichever is earlier. If the challenger does not appeal the precinct captains decision to deny the challenge, the challenged voter shall cast a regular ballot. 5 If the challenger appeals the precinct captains decision to deny the challenge, the precinct captain shall state the facts of the case to the Boards hearing ocer, who is authorized to rule on the appeal for the Board. A Board member, the Boards Executive Director, or the Boards chief voter registration ocial may serve as the Boards hearing ocer for the appeal. The precinct captain shall contact the hearing ocer by telephone. The hearing ocer shall ensure that the hearing is recorded, and shall take testimony under oath from the challenger, the person challenged, the precinct captain, and any witnesses to the challenge who wish to testify. Each person who testies before the hearing ocer shall state for the record their: A Name as recorded on the Boards voter registration list;
B Residence address, mailing address, and telephone number; and C Role in the challenge. 6 The hearing ocer shall receive evidence and testimony pursuant to paragraph (5) of this subsection and then shall close the hearing. The hearing ocer shall review all of the evidence presented pertaining to the challenge and make a decision regarding the appeal, based on his or her determination of whether the challenger has presented substantial evidence that is specic to the voter being challenged and probative of the challenged voters status as a qualied elector. The recording of the hearing shall be transcribed and shall serve as the ocial case record along with the written
848
CONTENTS
documentation of the precinct captains initial decision to deny the challenge. 7 The hearing ocer shall notify the precinct captain of his or her decision on the appeal of the unsuccessful challenge, and the precinct captain shall notify each party of the hearing ocers decision. If the hearing ocer arms the precinct captains decision to deny the challenge, the challenged voter shall cast a regular ballot. The precinct captain shall inform the challenger of his or her right to appeal the decision of the Board hearing ocer to the Superior Court of the District of Columbia. If the hearing ocer overturns the precinct captains decision to deny the challenge, the challenged voter shall be allowed to vote only by casting a paper ballot marked challenged in accordance with the procedures set forth in paragraph (8) of this subsection. 8 If the precinct captain arms the challenge made at the polling place, or if the Boards hearing ocer overturns the decision of the precinct captain to deny a challenge, the precinct captain shall allow the person to vote only by casting a paper ballot marked challenged and shall provide the voter with written notication of his or her right of appeal pursuant to subsection (e) of this section. Challenged ballots shall be segregated, and no challenged ballot shall be counted until the challenge has been removed pursuant to subsection (e) of this section. The precinct captain shall not allow the challenged voter to cast a challenged ballot unless the voter signs an adavit swearing or arming, under penalty of perjury, that he or she is a registered qualied elector in the District of Columbia who resides in the precinct in which the ballot is to be cast, and if applicable, the Advisory Neighborhood Commission single-member district in which the ballot is to be cast. d-1 Any individual who alleges that their name has been erroneously omitted from the list of registered voters, or alleges that their name, address or party aliation is erroneously printed on the list of registered voters, shall be permitted to cast a ballot. Ballots so cast shall be placed in a sealed envelope. The outside of the envelope shall contain the signature of the voter and such information as the Board deems necessary to determine that the individual is qualied to have the vote counted. The ocial in charge of the polling place shall provide the voter with written notication of appeal rights as provided in subsection (e) of this section, should the Board
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) determine that the voter is not qualied to vote in the election.
849
d-2 Any individual who votes in a federal election as a result of a court order or other order that extends the time established for closing the polls by a District law in eect 10 days before the date of that election shall vote in that election by casting a special ballot. Any ballot cast under this subsection shall be separated and held apart from other special ballots not aected by the order. e (1) A voters signing of a challenged or special ballot envelope shall be deemed as the ling of an appeal by the voter of the refusal by the Boards chief voter registration ocial to permit the voter to vote on election day by regular ballot, and a waiver of personal notice from the Board of any denial or refusal to a later count of the challenged or special ballot. The Board shall review all available evidence pertaining to the eligibility of each voter casting a challenged or special ballot, and shall make a preliminary decision about whether to count or to reject each challenged or special ballot based on its review of the available evidence. 2 Not later than the Tuesday following the election, the Board shall maintain a toll-free telephone service during regular business hours for any person who has voted by a challenged or special ballot to learn the Boards preliminary decision whether to count or reject his or her ballot and the reason for each decision. 3 If the Board has made a preliminary determination that a challenged ballot shall not be counted, it shall aord the challenged voter an opportunity to contest that determination in a hearing before the Board. The hearings authorized pursuant to this paragraph shall take place not earlier than 8 days and not later than 10 days after that election. The Board shall inform the voter of the date scheduled for the hearing and the manner by which he or she may learn the Boards nal decision to count or reject the voters challenged ballot. The notice shall be in writing and shall be provided to the voter at the time of voting. At the hearing, the voter may appear and testify. The Board shall make a nal determination within 2 days after the date of the hearing. The voter may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Boards decision. The decision of the court shall be nal and not appealable.
850
CONTENTS
4 If the Board has determined that a special ballot shall be not be counted, it shall aord the voter an opportunity to contest that determination in a hearing before the Board no earlier than 8 days and not later than 10 days after any election held pursuant to this subchapter. The Board shall inform the voter in writing, at the time of voting, of the date scheduled for the hearing and the manner by which the voter may learn whether the Board has decided to count or reject his or her special ballot. The Board shall make a nal determination within 2 days after the date of the hearing. The voter may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Boards decision. The decision of the court shall be nal and not appealable. f If a qualied elector is unable to record his or her vote by marking the ballot or operating the voting machine an ocial of the polling place shall, on the request of the voter, enter the voting booth and comply with the voters directions with respect to recording his or her vote. Upon the request of any such voter, a second ocial of the polling place shall also enter the voting booth and witness the recordation of the voters directions. The ocial or ocials shall in no way inuence or attempt to inuence the voters decisions, and shall tell no one how the voter voted. The ocial in charge of the voting place shall make a return of all such voters, giving their names and disabilities. g (1) No person shall vote more than once in any election nor shall any person vote in a primary or party election held by a political party other than that to which he or she has declared himself or herself to be a member. 2 A name written on a ballot in any election shall not be counted as valid unless the individual whose name is written on the ballot has complied with the requirements of 1-1001.08(r). h In the event that the total number of candidates of one party nominated to an oce or group of oces of that party pursuant to 1-1001.08(a) or 1-1001.17(i) does not exceed the number of such oces to be lled, the Board may, prior to election day and, notwithstanding the provisions of 1- 1001.08(c) or 1-1001.17(i), declare the candidates so nominated to be elected without opposition, in which case the fact of their election pursuant to this subsection shall appear for the information of the voters on any ballot
851
prepared by the Board for their party for the election of other candidates in the same election. i Copies of the regulations of the Board with respect to voting shall be made available to prospective voters at each polling place. j The Board shall receive the ballots cast and deposit them in a secure place where they shall be safely kept for 22 months. Inspection of such ballots shall be made in accordance with regulations of the Board. Whenever the ballots shall have remained in the custody of the Board for 22 months, and no election contest or other proceeding is pending in which the ballots may be needed as evidence, the Board may destroy such ballots. j-1 Upon the conclusion of voting at any precinct, the Board shall post a summary count of votes cast at the precinct. The summary shall be posted in a conspicuous place that can be seen from the outside of the precinct immediately upon completion of voting. j-2 Precinct captains shall prepare a summary log that indicates the number of: 1 Votes cast in a polling place; 2 Persons who have signed in; 3 Voter-veriable records that arrived at the polling place before the polls opened; 4 Used voter-veriable records; and 5 Unused voter-veriable records. k (1) Each voting system used in an election in the District occurring after January 1, 2012, shall: A Meet or exceed the voting system standards set forth in the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S. C. 15301 et seq.), or be federally certied;
852 B Create a voter-veriable record of all votes cast;
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C Be capable without further modication of creating, storing, and exporting an anonymous separate machine record of each voter-veriable record, showing each choice made by the voter; and D Meet any additional standards established by the Board; provided, that the standards shall not conict with those set forth in the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S. C. 15301 et seq.). 2 The voter-veriable record shall be permanent and capable of being inspected for the purpose of audits and recounts. A voter-veriable record need not be a paper ballot. A satisfactory voter-veriable record shall include: A A paper ballot prepared by the voter for the purpose of being read by a precinct-based optical scanner; B A paper ballot prepared by the voter to be mailed, whether mailed from a domestic or an overseas location; and C A paper ballot created through the use of a ballot marking device. 3 The Board shall adopt voting system standards and review the standards on a biennial basis. l The Board, through the Oce of Contracting and Procurement, shall purchase voting system equipment under a competitive-bidding procedure that includes the following conditions: 1 A provision to place a copy of the software source code for the voting system, and related documents, in escrow with an independent third-party evaluator selected by the vendor and the Board; 2 A warranty provision that requires that the vendor: A Promptly and fully disclose any aw, defect, or vulnerability in the voting system of which the vendor is aware or becomes aware; and
853
B (i) Remedy any aw, defect, or vulnerability in the voting system identied in subparagraph (A) of this paragraph at no cost to the District; or ii If the aw, defect, or vulnerability in the voting system cannot be remedied: I Replace the voting system or the aected part of the voting system or provide an equivalent voting system at no cost to the District; or II Reimburse the District for the full purchase price of the voting system or for the value of the aected part of the voting system, plus any costs incurred by the District as a result of the aw, defect, or vulnerability; 3 A most-favored customer provision that ensures that the District receive pricing terms that are at least as favorable as those received by any other customer, except for the federal government, during the term of the contract and during any extensions or renewals of the contract; and 4 A provision that incorporates the requirements of 1-1001.09a(k).
0.1.1026
a
Post-election audits.
For the purposes of this section, the term:
1 Error rate means the greatest change in dierence between any 2 candidates vote totals in an audit sample, comparing the machine result and the tally from the manual audit for a contest, divided by the number of votes (including overvotes and undervotes) audited in that contest in that sample. 2 Margin of victory means the dierence between the contest-wide vote totals for the apparent winning candidate with the fewest votes and the apparent losing candidate with the most votes in the machine result, divided by the number of votes cast in the entire contest (including undervotes and overvotes). b After each primary, general, and special election, the Board shall conduct a public manual audit of the voter-veriable records tabulated by the Board.
854 c A (1) The Board shall manually audit: At least 5
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B At least 5 2 Of those voter-veriable records audited, the Board shall examine no fewer than 3 contests, of which: A At least one shall be a District-wide contest; and
B At least 2 shall be a ward-wide race. 3 The Board may, in its discretion, whether or not by request of a losing candidate, audit additional precincts, voter-veriable records, or contests; provided, that the Board shall select at least one additional contest not selected pursuant to paragraph (2) of this subsection. The Board shall issue rules describing the criteria that it will use and the procedure for considering requests for additional audits. The Board may also collect fees, set forth by rule, for additional audits conducted under this paragraph. d The precincts audited shall be selected on an entirely random basis; provided, that, within each ward, each precinct in the election shall have an equal chance of being selected. The voter-veriable records that are tabulated centrally shall also be selected on an entirely random basis. The contests audited shall be selected on an entirely random basis; provided, that, within each category, each contest in the election shall have an equal chance of being selected. The Board shall publicly announce the method by which it intends to randomly select precincts, voter-veriable records tabulated centrally, and contests, and shall conduct the random selection in such a way as to allow the public to observe and ensure that the selection is random. The selection shall be followed by the audit as soon as is practicable. e The date of the audit shall be announced no later than 3 business days after tabulation has been completed, but no fewer than 24 hours in advance of the audit.
855
f The audit shall be conducted in public view so that members of the public are able to verify that votes are correctly classied and tallied, but are unable to touch ballots and other ocial materials or to interfere in any way with the manual audit process. g Individuals performing the manual audit shall: 1 Not be assigned to tally the results from a precinct in which that individual served as a polling place worker; 2 Not at any time before or during the manual audit be informed of the corresponding machine tally results; 3 Follow the Boards procedures for hand counting voter-veriable records, tallying results, noting discrepancies and any missing or damaged voterveriable records, and interpreting ambiguous votes where the voter intent may not be clear; and 4 Make a record of each ambiguous vote, including the nature of the marking error causing the ambiguity and how the vote was interpreted. h (1) If an audit initially reveals a discrepancy between the machine result and the tally from the manual audit that yields an error rate greater than 0.25 2 If the 2nd count conrms the discrepancy described in paragraph (1) of this subsection, the Board shall also audit another precinct in each ward in which the contest appeared on the ballot, selected at random using the same method previously used to select the precincts, and an additional 5 3 If the additional audit sample described in paragraph (2) of this subsection also reveals a discrepancy between the machine result and the tally from the manual audit that yields an error rate greater than 0.25 i The results derived from the manual audits shall be deemed the true and correct results of the election contests at issue with respect to the votes audited and shall be used in lieu of further counting in any automatic recounts.
856
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j The Board shall publish on its website and make available for public inspection a report of results of the manual audit before certication of the ocial election results. The report shall: 1 Identify and, when possible, explain any discrepancies between the initial count and the manual tally; and 2 Describe further investigations to be undertaken or actions to be taken based on the observed discrepancies. k (1) A vendor providing a voting system for use in the District elections shall furnish a bond in the amount of $10,000 to the District. 2 A comparison of the results compiled by the voting system with the post-election audit described in this section shall show that the results of the electronic voting system diered by no more than 0.25 3 If a voting system is found to have failed to record votes accurately and in the manner set forth in paragraph (2) of this section, and that the failure is attributable to either the voting systems design or actions of the vendor, the vendor shall forfeit the bond required by paragraph (1) and pay any costs incurred by the Board directly attributable to the failure. 4 The vendor shall reimburse the District for the costs of any post-election audit required under subsection (h)(2) and (3) of this section, not including any costs associated for salaried election ocials. If the vendor does not reimburse the District for these costs, the vendor shall forfeit the bond required by paragraph (1) of this subsection and shall be liable for the additional costs.
0.1.1027
Dates for holding elections; votes cast for President and Vice President counted as votes for presidential electors; voting hours; tie votes; lling vacancy where elected ocial dies, resigns, or becomes unable to serve.
a (1) The elections of the ocials referred to in 1-1001.01(1), (2), (3), or (4) shall be held, at the request of the party, on either the 2nd Tuesday in February of each presidential election year or the 1st Tuesday in April of
857
each presidential election year if there is a primary election already scheduled for other purposes on the date requested. The primary under 1-1001.05(b) shall be held on the 1st Tuesday in April of each presidential election year. 2 The electors of President and Vice President of the United States shall be elected on the Tuesday next after the 1st Monday in November in every 4th year succeeding every election of a President and Vice President of the United States. Each vote cast for a candidate for President or Vice President whose name appears on the general election ballot shall be counted as a vote cast for the candidates for presidential electors of the party supporting such presidential and vice presidential candidate. Candidates receiving the highest number of votes in such election shall be declared the winners, except that in the case of a tie it shall be resolved in the same manner as is provided in subsection (c) of this section. 3 (A) Except as otherwise provided in the case of special elections under this subchapter or 206(a) of the District of Columbia Delegate Act, primary elections of each political party for the oce of Delegate to the House of Representatives shall be held on the 1st Tuesday in April of each evennumbered year; and general elections for such oce shall be held on the Tuesday next after the 1st Monday in November of each even-numbered year. B Except as otherwise provided in the case of special elections under this subchapter primary elections of each political party for the oce of member of the Council shall be held on the 1st Tuesday in April in 1974, and every 2nd year thereafter, and general election for such oces shall be held on the 1st Tuesday after the 1st Monday in November in 1974 and every 2nd year thereafter. C Except as otherwise provided in the case of a special election under this subchapter, primary elections of each political party for the oce of Mayor and Chairman shall be held on the 1st Tuesday in April of every 4th year, commencing with calendar year 1974, and the general election for such oce shall be held on the 1st Tuesday after the 1st Monday in November in 1974 and every 4th year thereafter. 4 With respect to special elections required or authorized by this subchapter, the Board may establish the dates on which such special elections are to
858
CONTENTS
be held and prescribe such other terms and conditions as may, in the Boards opinion, be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this subchapter. 5 General elections of members of the Board of Education shall be held on the 1st Tuesday after the 1st Monday in November of each odd-numbered calendar year through 1987, and thereafter in each even-numbered calendar year, on the same day and month. b (1) All elections prescribed by this subchapter shall be conducted by the Board in conformity with the provisions of this subchapter. In all elections held pursuant to this subchapter, the polls shall be open from 7:00 a.m. to 8:00 p.m., except in instances when the time established for closing the polls is extended pursuant to a federal or District court order or any other order. The Board may, upon request of the precinct captain or upon its own initiative, if an emergency exists by reason of mechanical failure of a voting machine, an unanticipated shortage of ballots, excessive wait times, bomb threats, or similar unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved. Candidates who receive the highest number of votes, other than candidates for election as political party ocials or delegates to national conventions nominating candidates for President and Vice President of the United States, shall be declared winners. If after the date of an election and prior to the certication of the election results, the qualied candidate who has received the highest number of votes dies, withdraws, or is found to be ineligible to hold the oce, or in the event no candidate qualies for election, the Board shall declare no winner, and the oce shall become vacant as of the date of the beginning of the term of oce for which the election was held. With respect to a primary election, the position of candidate shall be vacant until lled pursuant to subsection (d) of this section. 2 (A) No person shall canvass, electioneer, circulate petitions, post any campaign material or engage in any activity that interferes with the orderly conduct of the election within a polling place or within a 50-foot distance from the entrance and exit of a polling place. The Board, by regulation, shall establish procedures for determination and clear marking of the 50foot distance.
859
B A person who violates the provisions of this paragraph shall, upon conviction, be ned not less than $50 or more than $500 or imprisoned for not more than 30 days, or both. c In the case of a tie vote, the resolution of which will aect the outcome of any election, the candidates receiving the tie vote shall cast lots before the Board at 12:00 noon on a date to be set by the Board. This date shall be set no sooner than 2 days following determination by the Board of the results of the election which resulted in a tie. The candidate to whom the lot shall fall shall be declared the winner. If the candidate or candidates fail to appear by 12:00 noon on said day, the Board shall cast lots for him or her or them. For purpose of casting lots, any candidate may appear in person, or by proxy appointed in writing. d (1) In the event that any ocial, other than Delegate, Mayor, member of the Council, member of the Board of Education, or winner of a primary election for the oce of Delegate, Mayor, or member of the Council, elected pursuant to this subchapter dies, resigns, or becomes unable to serve during his or her term of oce leaving no person elected pursuant to this subchapter to serve the remainder of the unexpired term of oce, the successor or successors to serve the remainder of the term shall be chosen pursuant to the rules of the duly authorized party committee, except that the successor shall have the qualications required by this subchapter for the oce. 2 (A) In the event that a vacancy occurs in the oce of Delegate before May 1 of the last year of the Delegates term of oce, the Board shall hold a special election to ll the unexpired term. The special election shall be held on the rst Tuesday that occurs more than 114 days after the date on which the vacancy is certied by the Board unless the Board determines that the vacancy could be lled more practicably in a special election held on the same day as the next District-wide special, primary, or general election that is to occur within 60 days of the date on which the special election would otherwise have been held under the provisions of this subsection. The person elected to ll the vacancy in the oce of Delegate shall take oce the day on which the Board certies his or her election. B In the event that a vacancy occurs in the oce of Delegate on or after May 1 of the last year of the Delegates term of oce, the Mayor shall appoint a successor to complete the remainder of the term of oce.
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3 In the event of a vacancy in the oce of United States Representative or United States Senator elected pursuant to 1-123 and that vacancy cannot be lled pursuant to paragraph (1) of this subsection, the Mayor shall appoint, with the advice and consent of the Council, a successor to complete the remainder of the term of oce. e (1) In the event of a vacancy of an elected member of the Board of Education, the Board of Elections shall hold a special election to ll the unexpired term of the vacant oce. The special election shall be held on the 1st Tuesday that occurs more than 114 days after the date on which the vacancy is certied by the Board of Elections, unless the Board determines that the vacancy could be lled more practicably in a special election held on the same day as the next special, primary, or general election that is to occur within 60 days of the date on which a special election would otherwise have been held under the provisions of this subsection. The person elected as a member to ll a vacancy on the Board of Education shall take oce the day on which the Board of Elections certies his or her election. 2 When the oce of the President becomes vacant, the Board of Education shall select one of the members of the Board to serve as the interim President until the election of a new President. f Notwithstanding the provisions of subsection (e) of this section, if a vacancy of an elected member of the Board of Education occurs on or after February 1st of the last year of the term of the vacant oce, a special election shall not be held and the Board of Education may appoint a person to ll such vacancy until the unexpired term ends. Any person appointed under this subsection shall have the same qualications for holding such oce as were required of his or her immediate predecessor. g A vacancy among the appointed Board members shall be lled within 45 days of its occurrence. The Mayor shall submit a nominee to the Council for conrmation within 30 days of the vacancy. Any Board member appointed to ll a vacancy shall serve until the end of the original term.
0.1.1028
Recount; judicial review of election.
a (1) The Board shall recount the votes cast in one or more voting precincts, if, within 7 days after the Board certies the results of an election for an
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oce, a candidate for that oce petitions the Board in writing and species the precincts in which the recount shall be conducted. Before beginning the recount, the Board shall prepare an estimate of the costs and inform the petitioner of the anticipated number of hours needed to complete the recount and the cost per hour. The costs of the recount shall not include any payments associated for salaried election ocials. If the petitioner chooses to proceed with the recount, the petitioner shall deposit the amount of $50 per precinct included in the recount. If the result of the election is changed as a result of the recount, the deposit shall be refunded. If the result is not changed, the Board shall determine the actual cost of the recount. The petitioner shall be liable for the actual cost of the recount and the Board may collect that cost from the deposit made with the petition. 2 If in any election for President and Vice President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, President of the Board of Education, or member of the Board of Education, the results certied by the Board show a margin of victory for a candidate that is less than one percent of the total votes cast for the oce, the Board shall conduct a recount. The cost of a recount conducted pursuant to this paragraph shall not be charged to any candidate. 3 In the case of an initiative or referendum measure placed on the ballot pursuant to 1-1001.16, or a recall measure placed on the ballot pursuant to 1-1001.17, the Board shall conduct a recount if the dierence between the number of votes for and against the initiative, referendum, or recall measure is less than one percent of the total votes cast. 4 The Board shall issue regulations prescribing the procedures for the Board to: A Provide notice of a recount to candidates for an oce subject to a recount; B Conduct a recount and certify the ocial result of an election, initiative, referendum, or recall measure which is the subject of the recount; and C Ensure that each candidate for an oce subject to a recount may designate watchers to be present while the recount is conducted, or in the case
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CONTENTS
of an initiative, referendum, or recall measure, ensure that members of the public may be present while the recount is conducted. b (1) Within 7 days after the Board certies the results of an election, any person who voted in the election may petition the District of Columbia Court of Appeals to review the election. The Courts authority to review the results of an election shall include initiative, referendum, and recall measures as well as elections for a particular oce. 2 In response to such a petition, the Court may set aside the results certied and declare the true results of the election, or void the election in whole or in part. To determine the true results of an election, the Court may order a recount or take other appropriate action, whether or not a recount has been conducted or requested pursuant to subsection (a) of this section. The Court shall void an election only if it: A Determines that the candidate certied as the winner of the election does not meet the qualications required for oce; or B Finds that there was any act or omission, including fraud, misconduct, or mistake serious enough to vitiate the election as a fair expression of the will of the registered qualied electors voting in the election. 3 If the Court voids an election, it may order a special election, which shall be conducted in such a manner, and at such time, as the Board may prescribe. 4 The decision of the Court in any case brought pursuant to this subsection shall be nal and may not be appealed. 5 The Court shall have the authority to require the losing party to reimburse the prevailing party for reasonable attorneys fees and other costs associated with the case, but shall not exercise this authority if it nds that the reimbursement would impose an undue nancial hardship on the losing party.
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0.1.1029
Interference with registration and voting.
No one shall interfere with the registration or voting of another person, except as it may be reasonably necessary in the performance of a duty imposed by law.
0.1.1030
Appropriations.
There are hereby authorized to be appropriated, out of any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such sums as are necessary to carry out the purposes of this subchapter.
0.1.1031
Corrupt election practices.
a Any person who shall register, or attempt to register, or vote or attempt to vote under the provisions of this subchapter and make any false representations as to his or her qualications for registering or voting or for holding elective oce, or be guilty of violating 1- 1001.07(d)(2)(D), 1-1001.09, 11001.12, or 1-1001.13 or be guilty of bribery or intimidation of any voter at an election, or being registered, shall vote or attempt to vote more than once in any election so held, or shall purloin or secrete any of the votes cast in an election, or attempt to vote in an election held by a political party other than that to which he or she has declared himself or herself to be aliated, or, if employed in the counting of votes in any election held pursuant to this subchapter, knowingly make a false report in regard thereto, and every candidate, person, or ocial of any political committee who shall knowingly make any expenditure or contribution in violation of subchapter I of Chapter 11 of this title, shall, upon conviction, be ned not more than $10,000 or be imprisoned not more than 5 years, or both. a-1 (1) A person shall not knowingly or willfully: A Pay, oer to pay, or accept payment of any consideration, compensation, gratuity, reward, or thing of value for registration to vote or for voting; B Give false information as to his or her name, address, or period of residence for the purpose of establishing his eligibility to register or vote, that is known by the person to be false; C Procure or submit voter registration applications that are known by the person to be materially false, ctitious, or fraudulent;
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CONTENTS
D Procure, cast, or tabulate ballots that are known by the person to be materially false, ctitious, or fraudulent; or E Conspire with another individual to do any of the above. 2 A person who violates paragraph (1) of this subsection shall, upon conviction, be ned not more than $10,000, be imprisoned not more than 5 years, or both. b (1) Any person who signs an initiative, referendum or recall petition with any other than his or her own name, or who signs a petition for an initiative, referendum or recall measure, knowing that he or she is not a registered qualied elector in the District of Columbia, or who makes a false statement as to his or her residency on any such petition, shall upon conviction be ned not more than $10,000 or be imprisoned not more than 1 year, or both. 2 Any public ocer, involved in any part of the election process, who willfully violates any of the provisions of 1-1001.16 or 1-1001.17, shall be ned not more than $10,000 or be imprisoned not more than 1 year, or both. 3 Any person who: (A) For any consideration, compensation, gratuity, reward or thing of value or promise thereof, signs or promises to sign or declines to sign, or promises not to sign any initiative, referendum, or recall petition; or (B) pays or oers or promises to pay, or gives or oers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce him or her to sign or not to sign, his or her signatures upon any initiative, referendum, or recall petition, or to vote for or against, or to abstain from voting on, any initiative, referendum, or recall measure; or (C) by any other corrupt means or practice, or by threats or intimidation, interferes with, or attempts to interfere with, the right of any qualied registered elector to sign or not to sign any initiative, referendum, or recall petition, or to vote for or against, or to abstain from voting on any initiative, referendum, or recall measure; or (D) makes any false statement to the Board concerning any initiative, referendum, or recall petition, or the signatures appended thereto shall be ned not more than $10,000 or be imprisoned not more than 1 year, or both.
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4 Any proposer or circulator of an initiative, referendum, or recall petition who willfully violates any provision of 1-1001.16 and 1-1001.17 shall, upon conviction thereof, be subject to a ne of not more than $10,000 or to imprisonment of not more than 6 months, or both. Each occurrence of a violation of 1-1001.16 and 1-1001.17 shall constitute a separate oense. Violations of 1-1001.16 and 1-1001.17 shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia. b-1 (1) A person who, during the period beginning 30 days before any election or referendum, initiative, or recall and ending 4 days after the election, referendum, initiative, or recall, intentionally removes, defaces, damages, or destroys any lawfully placed billboard, poster, sign, or other material relating to any candidate for election for any oce or to a referendum, initiative, or recall, shall be subject to imposition of civil nes, penalties, and fees for a civil infraction pursuant to Chapter 18 of Title 2. 2 A person who violates paragraph (1) of this subsection shall be ned not more than $100. 3 This subsection shall not apply to: A The candidate for election;
B A sponsor of a referendum, initiative, or recall; C The owner of the material; D The owner of the premises where the material is located;
E Persons authorized and acting on behalf of the owner of the material or the premises; or F Any person charged with enforcement of any law of the District of Columbia acting within the scope of his or her authority. c The provisions of this section shall be supplemental to, and not in derogation of, any penalties under other laws of the District of Columbia.
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0.1.1032
Candidacy for more than 1 oce prohibited; multiple nominations; candidacy of oceholder for another oce restricted.
a No person shall be a candidate for more than 1 oce on the Board of Education or the Council or Mayor in any election for the members of the Board of Education or the Council or Mayor, and no person shall be a candidate for more than 1 oce on the Council or for the Mayor in any primary election. If a person is nominated for more than 1 such oce, he or she shall, within 3 days after the Board has sent him notice that he or she has been so nominated, designate in writing the oce for which he or she wishes to run, in which case he or she will be deemed to have withdrawn all other nominations. In the event that such person fails within such 3-day period to le such a designation with the Board, all such nominations of such person shall be deemed withdrawn. b Notwithstanding the provisions of subsection (a) of this section, a person holding the oce of Mayor, Delegate, Chairman or member of the Council, or member of the Board of Education shall, while holding such oce, be eligible as a candidate for any other of such oces in any primary or general election. In the event that said person is elected in a general election to the oce for which he or she is a candidate, that person shall, within 24 hours of the date that the Board certies said persons election, pursuant to subsection (a)(11) of 1-1001.05, either resign from the oce that person currently holds or shall decline to accept the oce for which he or she was a candidate. In the event that said person elects to resign, said resignation shall be eective not later than 24 hours before the date upon which that person would assume the oce to which he or she has been elected.
0.1.1033
Initiative and referendum process.
INITIATIVE MEASURE No. (SHORT TITLE) (SUMMARY STATEMENT) FOR Initiative Measure No. AGAINST Initiative Measure No. REFERENDUM MEASURE No. (SHORT TITLE) (SUMMARY STATEMENT) Shall the registered voters of the District of Columbia approve or reject Act (insert Act number)? YES, to approve NO, to reject.
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Shall the registered voters of the District of Columbia approve or reject sections (insert section(s) that is the subject of the referendum measure) of Act (insert Act number)? YES, to approve NO, to reject. a (1) Any registered qualied elector, or electors of the District of Columbia, who desire to submit a proposed initiative measure to the electors of the District of Columbia, or who desire to order that a referendum be held on any act, or on some part or parts of an act, that has completed the course of the legislative process within the District of Columbia government in accordance with 1-204.04(e), shall le with the Board 5 printed or typewritten copies of the full text of the measure, a summary statement of not more than 100 words, and a short title of the measure to be proposed in an initiative, or of the act or part thereof on which a referendum is desired. 2 The proposed initiative measure, or the act or part thereof, on which a referendum is desired shall be accompanied by: A The name and address of the proposer; and
B An adavit that the proposer is a registered qualied elector of the District of Columbia. b (1) Upon receipt of each proposed initiative or referendum measure, the Board shall refuse to accept the measure if the Board nds that it is not a proper subject of initiative or referendum, whichever is applicable, under the terms of title IV of the District of Columbia Home Rule Act, or upon any of the following grounds: A The veried statement of contributions has not been led pursuant to 1-1163.07 and 1-1163.09; B The petition is not in the proper form established in subsection (a) of this section; C The measure authorizes, or would have the eect of authorizing, discrimination prohibited under Chapter 14 of Title 2; or
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D The measure presented would negate or limit an act of the Council of the District of Columbia pursuant to 1-204.46. 2 In the case of refusal to accept a measure, the Board shall endorse on the measure the words received but not accepted and the date, and retain the measure pending appeal. If none of the grounds for refusal exists, the Board shall accept the measure. 3 If the Board refuses to accept any initiative or referendum measure submitted to it, the person or persons submitting such measure may apply, within 10 days after the Boards refusal to accept such measure, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such measure. The Superior Court of the District of Columbia shall expedite consideration of the matter. If the Superior Court of the District of Columbia determines that the issue presented by the measure is a proper subject of initiative or referendum, whichever is applicable, under the terms of title IV of the District of Columbia Home Rule Act, and that the measure is legal in form, does not authorize discrimination as prescribed in paragraph (1)(C) of this subsection, and would not negate or limit an act of the Council of the District of Columbia as prescribed in paragraph (1)(D) of this subsection, it shall issue an order requiring the Board to accept the measure. Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys fees to the proposer. 4 After subject determination has been made the Board shall assign a serial number to each initiative and referendum measure, using separate series of numbers for initiative and separate series of numbers for referendum measures. Thereafter, a measure shall be known and designated on all petitions, ballots and proceedings as Initiative Measure No ..................... or Referendum Measure No .......... . c Within 20 calendar days, of the date on which the Board accepts an initiative or referendum measure, the Board shall: 1 Prepare a true and impartial summary statement, not to exceed 100 words, bearing the serial number of the measure, and expressing the purpose of the measure. Such statement shall not intentionally create prejudice for or against the measure;
869
2 Prepare a short title for the measure consisting of not more than 15 words to permit the voters to identify readily the initiative or referendum measure and to distinguish it from other measures which may appear on the ballot; and 3 Prepare, in the proper legislative form, the proposed initiative or referendum measure, where applicable, which shall conform to the legislative drafting format of acts of the Council of the District of Columbia. The Board may consult experts in the eld of legislative drafting, including, but not limited to, Corporation Counsel of the District of Columbia and ocers of the Council of the District of Columbia for the purpose of preparing the measure in its proper legislative form. d After preparation, the Board shall adopt the summary statement, short title, and legislative form at a public meeting and shall within 5 days, notify the proposer of the measure of the exact language. In addition, the Board, within 5 days of adoption, shall submit the summary statement, short title, and legislative form to the District of Columbia Register for publication. e (1)(A) If any registered qualied elector of the District of Columbia objects to the summary statement, short title, or legislative form of the initiative measure formulated by the Board pursuant to subsections (c) and (d) of this section, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date the Board publishes the summary statement, short title, and legislative form in the District of Columbia Register stating objections and requesting appropriate changes. The Superior Court of the District of Columbia shall expedite the consideration of this matter. B If any registered qualied elector of the District of Columbia objects to the summary statement, short title, or legislative form of the referendum measure formulated by the Board pursuant to subsection (c) of this section, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date the Board publishes the summary statement, short title, and legislative form in at least one newspaper of general circulation stating objections and requesting appropriate changes. The Superior Court of the District of Columbia shall expedite the consideration of this matter.
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CONTENTS
2 Should no review in the Superior Court of the District of Columbia be sought as provided in paragraph (1) of this subsection, the proposed summary statement, short title and legislative form shall be deemed to be accepted. 3 Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys fees to the proposer. f When the summary statement, short title, and legislative form of an initiative or referendum measure has been established pursuant to subsection (e) of this section, the Board shall certify such and transmit a copy thereof by certied mail to the proposer. Thereafter, such short title shall be the title of the measure in all petitions, ballots, and other proceedings relating thereto. The Board shall, upon the request of any person, make single copies of the approved short title, summary statement, and full legislative text available at no charge. Additional copies shall be made available at a nominal cost. g Upon nal establishment of the summary statement, short title, and legislative form of an initiative or referendum proposal, the Board shall prepare and provide to the proposer at a public meeting an original petition form which the proposer shall formally adopt as his or her own form. The proposer shall print from the original blank petition sheets on white paper of good writing quality of the same size as the original. Each initiative or referendum petition sheet shall consist of one double-sided sheet providing numbered lines for 20 printed names and signatures with residence addresses (street numbers) and ward numbers, and shall have printed on it, in a manner prescribed by the Board, the following: 1 A warning statement that declares that only duly registered voters of the District of Columbia may sign the petition; 2 A statement that requests that the Board hold an election on the initiative or referendum measure that states the measures serial number and short title; and 3 The text of the ocial summary and short title of the measure printed on the front of the petition sheet.
871
h Each petition sheet for an initiative or referendum measure shall contain an adavit, made under penalty of perjury, in a form determined by the Board and signed by the circulator of that petition sheet which contains the following: 1 The printed name of the circulator; 2 The residence address of the circulator, giving the street number; 3 That the circulator of the petition sheet was in the presence of each person when the appended signature was written; 4 That according to the best information available to the circulator, each signature is the genuine signature of the person it purports to be; 5 That the circulator of the initiative or referendum petition sheet is a resident of the District of Columbia and at least 18 years of age; and 6 The dates between which the signatures to the petition were obtained. i In order for any initiative or referendum measure to qualify for the ballot for consideration by the electors of the District of Columbia, the proposer of such an initiative or referendum measure shall secure the valid signatures of registered qualied electors upon the initiative or referendum measure equal in number to 5 percent of the registered electors in the District of Columbia: Provided, that the total signatures submitted include 5 percent of the registered electors in each of 5 or more of the 8 wards. The number of registered electors which is used for computing these requirements shall be consistent with the latest ocial count of registered electors made by the Board 30 days prior to the initial submission to the Board of the initiative or referendum measure, pursuant to subsection (a) of this section. j (1) A proposer of an initiative measure shall have 180 calendar days, beginning on the 1st calendar day immediately following the date upon which the Board certies, according to subsection (h) of this section, that the petition form of such initiative measure is in its nal form to secure the proper number of valid signatures needed on the initiative petition to qualify such a measure for the ballot, pursuant to subsection (i) of this section and to le such petition with the Board.
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2 A proposer of a referendum measure shall secure the proper number of valid signatures needed on the referendum petition to qualify such a measure for the ballot pursuant to subsection (i) of this section, and shall le such petition with the Board before the act, or part thereof, which is the subject of the referendum has become law according to the provisions of 1-204.04 and 1-206.02(c). No act is subject to referendum if it has taken eect according to the provisions of 1-206.02(c). 3 The proposer may not begin circulating an initiative or referendum petition until the Board has certied pursuant to subsection (h) of this section that such petition is in its nal form. k (1) Upon submission of an initiative or referendum petition by the proposer to the Board, the Board shall refuse to accept the petition upon any of the following grounds: A The petition is not in the proper form established in subsection (g) of this section; B The time limitation established in subsection (j) of this section within which the petition may be circulated and submitted to the Board has expired; C The petition on its face clearly bears an insucient number of signatures; D The petition sheets do not have attached to them the statements of the circulators as provided in subsection (h) of this section; or E The petition was circulated by persons who were not residents of the District of Columbia and at least 18 years of age at the time of circulation. 2 In the case of refusal to accept a petition, the Board shall endorse on the petition the words submitted but not accepted and the date, and retain the petition pending appeal. If none of the grounds for refusal exists, the Board shall accept the petition.
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l If the Board refuses to accept an initiative or referendum petition when submitted to it, the person or persons submitting such petition may apply, within 10 days after the Boards refusal to accept such petition, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such petition. The Superior Court of the District of Columbia shall expedite the consideration of the matter. If the Superior Court of the District of Columbia determines that the petition is legal in form and apparently meets the requirement for signatures, both as to number and as to ward distribution, prescribed in subsection (i) of this section, and was submitted within the time limitations established in subsection (j) of this section, and has attached to the petition the proper statements of the circulators prescribed in subsection (h) of this section, it shall issue an order requiring the Board to accept the petition as of the date of submission for ling. Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys fees to the proposer. m Upon submission of a referendum petition to the Board, the Board shall notify the appropriate custodian of the act of the Council of the District of Columbia which is the subject of the referendum (either the President of the Senate and the Speaker of the House of Representatives) as provided in 1- 204.04 and 1-204.46 and the President of the Senate and the Speaker of the House of Representatives shall, as appropriate, return such act or part or parts of such act to the Chairman of the Council of the District of Columbia. No further action may be taken upon such act until after a referendum election is held. If, however, after the counting and validation procedure for signatures, which takes place pursuant to subsection (o) of this section, the referendum measure fails to meet the percentage and distribution requirements for signatures established in subsection (i) of this section, the act which was the subject of the referendum shall be again transmitted to the Congress for review as provided in 1-206.02(c). n When the Board accepts an initiative or referendum petition, whether in the normal course or at the direction of a court, the Board may detach, in the presence of the person submitting the petition or his or her designated representative, if he or she desires to be present, the sheets containing the signatures, and cause all of them to be rmly attached to 1 or more printed copies of the proposed initiative or referendum measure in such books or volumes as will be most convenient for counting, canvassing, and validating
874 names and signatures.
CONTENTS
o (1) After acceptance of an initiative or referendum petition, the Board shall certify, within 30 calendar days after such petition has been accepted, whether or not the number of valid signatures on the initiative or referendum petition meets the qualifying percentage and ward distribution requirements established in subsection (i) of this section, and whether or not the necessary number of names and signatures of registered qualied electors of the District of Columbia, properly distributed by wards, appear on the initiative or referendum petition. This certication may be by a bona de random and statistical sampling method. If the Board nds that the same person has signed a petition for the same initiative or referendum measure more than once, it shall count only 1 signature of such person. If a person who signs a petition is found to be a qualied registered elector in a ward other than that which was indicated on the petition sheet, such person shall be counted from the correct ward in determining whether or not an initiative or referendum measure qualies for the ballot. Two persons representing the proposer(s) may be present during the counting and validation procedures. Should a political committee or committees exist in opposition to a particular proposed initiative or referendum measure, 2 persons representing such committee or committees may be present during the counting and validation procedures. The Board shall post, by making available for public inspection, petitions for initiatives or referenda, or facsimiles thereof, in the oce of the Board, for 10 days, including Saturdays, Sundays, and holidays, beginning on the 3rd day after the petitions are led. Any qualied elector may, within such 10-day period, challenge the validity of any petition, by a written statement duly signed by the challenger and led with the Board, specifying concisely the alleged defects in such petition. The provisions of 1-1001.08(o)(2) shall be applicable to such challenge. The Board may issue supplemental rules concerning the challenge of such petitions.
2 For the purpose of verifying a signature on any petition led pursuant to this section, the Board shall rst determine that the address on the petition is the same as the residence shown on the signers voter registration record. If the address is dierent, the signature shall not be counted as valid unless the Boards records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition.
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p (1) After determining that the number and validity of signatures on the initiative or referendum petition meet the qualication standards established under this section, the Board shall certify the suciency of the initiative or referendum petition and shall certify that the initiative or referendum measure will appear on the ballot. The Board shall conduct an election on an initiative measure at the next primary, general, or city-wide special election held at least 90 days after the date on which the measure has been certied as qualied to appear on the ballot. The Board shall conduct an election on a referendum measure within 114 days after the date the measure has been certied as qualied to appear on the ballot. In the case of a referendum measure, if a previously scheduled general, primary, or special election will occur between 54 and 114 days after the date the measure has been certied as qualied to appear on the ballot, the Board may present the referendum measure at that election. 2 The Board shall publish the established legislative text of an initiative or referendum measure in no less than 2 newspapers of general circulation in the District of Columbia within 30 calendar days after the date upon which the Board certies, pursuant to paragraph (1) of this subsection, that the measure has qualied for appearance on an election ballot. q (1) Upon qualication of an initiative measure, the Board shall place on the ballot the serial number of the initiative and its short title and summary statement in substantially the following form: 2 Upon qualication of a referendum measure, the Board shall place on the ballot the serial number of the referendum measure and its short title and summary statement in substantially the following form: A If the referendum concerns whether the registered voters of the District of Columbia approve or reject the act, then the ballot shall state: B If the referendum concerns part or parts of an act, then the ballot shall state: r (1) An initiative measure which has been ratied by a majority of the registered qualied electors voting on the measure shall not take eect until the end of the 30-day congressional review period (excluding Saturdays, Sundays and holidays, and any day on which neither House is in session
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because of an adjournment sine die, a recess of more than 3 days or an adjournment of more than 3 days) beginning on the day such measure is transmitted to the Speaker of the House of Representatives and the President of the Senate, and then only if during such 30-day period both Houses of Congress do not adopt a concurrent resolution disapproving such initiated act. Upon certication by the Board that the initiative measure has been ratied, the Chairman of the Council shall forthwith transmit the measure to the Speaker of the House of Representatives and to the President of the Senate. 2 If a majority of the registered qualied electors voting in a referendum on an act or part or parts thereof vote to disapprove the act or part or parts thereof, then such action shall be deemed a rejection of the act or part or parts thereof, and no action by the Council of the District of Columbia may be taken on such act or part thereof for 365 days following the date when the Board certies the vote concerning the referendum. s If provisions of 2 or more initiative or referendum measures which have been approved by the registered qualied electors at the same election conict, the provisions of the measure receiving the highest number of armative votes shall prevail over the conicting provision of the other measure.
0.1.1034
Recall process.
FOR the recall of (insert the name of the elected ocer and the oce held ) AGAINST the recall of (insert the name of the elected ocer and the oce held) a The provisions of this section shall govern the recall of all elected ocers of the District of Columbia except the Delegate to the Congress from the District of Columbia. b (1) Any registered qualied elector or electors desiring to initiate the recall of an elected ocer shall le a notice of intention to recall that ocer with the Board, which contains the following information: A The name and title of the elected ocer sought to be recalled;
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B A statement not to exceed 200 words in length, giving the reasons for the proposed recall; C The name and address of the proposer of the recall; and D An adavit that each proposer is:
i A registered qualied elector in the election ward of the elected ocer whose recall is sought, if that ocer was elected to represent a ward; ii A registered qualied elector in the District of Columbia, if the ocer whose recall is sought was elected at-large; or iii A registered qualied elector in the single-member district of an Advisory Neighborhood Commissioner whose recall is sought. 2 A separate notice of intention shall be led for each ocer sought to be recalled. c (1) No recall proceedings shall be initiated for an elected ocer during the 1st 365 days nor during the last 365 days of his term of oce. 2 The recall process for an elected ocer may not be initiated within 365 days after a recall election has been determined in his or her favor. 3 In the case of an Advisory Neighborhood Commissioner, no recall proceedings shall be initiated during the rst 6 months or the last 6 months of the Commissioners term of oce, nor within 6 months after a recall election has been decided in favor of the Commissioner. d (1) The Board shall serve, in person or by certied mail, the notice of intention to recall to the elected ocer sought to be recalled within 5 calendar days. 2 The elected ocer sought to be recalled may le with the Board, within 10 calendar days after the ling of the notice of intention to recall, a response of not more than 200 words, to the statement of the proposer of recall. If an answer is led, the Board shall serve immediately a copy of that response to the proposer named in the notice of intention to recall.
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3 The statement contained in the notice of intention to recall and the elected ocers response are intended solely for the information of the voters. No insuciency in form or substance of such statement shall aect the validity of the election proceedings. e Upon ling with the Board the notice of intention of recall and the elected ocers response, the Board shall prepare and provide to the proponent an original petition form which the proposer shall formally adopt as his or her own form. The proponent shall print from the original blank petition sheets on white paper of good writing quality of the same size as the original. Each recall petition sheet shall be double sided and consist of numbered lines for 20 names and signatures with residence address (street numbers), and, where applicable, the ward numbers, and shall have printed on it the following: 1 A warning statement that declares that only duly registered electors of the District of Columbia may sign the petition; 2 The name of the elected ocer sought to be recalled and the oce which he or she holds; 3 A statement that requests that the Board hold a recall election in a manner prescribed in 1-204.111 to 1-204.115; 4 The name and address of the proposer or proposers of the recall; and 5 The statement of grounds for the recall and the response of the ocer sought to be recalled, if any. If the ocer sought to be recalled has not responded, the petition shall so state. f Each petition sheet or sheets for recall shall have attached to it, at the time of submission to the Board, a statement made under penalties of perjury, in a form determined by the Board signed by the circulator of that petition which contains the following: 1 The printed name of the circulator; 2 The residence address of the circulator giving the street and number;
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3 That the circulator of the petition form was in the presence of each person when the appended signature was written; 4 That according to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be; 5 That the circulator of the recall petition is a registered elector of the electoral jurisdiction of the ocer sought to be recalled; and 6 The dates between which all the signatures to the petition were obtained. g The proposer of a recall shall have 180 days or, in the case of a proposed recall of an Advisory Neighborhood Commissioner, 60 days, beginning on the date when the proponent of the recall formally adopts the original petition form as his or her own form pursuant to subsection (e) of this section, to circulate the recall petition and le the petition with the Board. h (1) A recall petition for an elected ocer from a ward shall include the valid signatures of 10 percent of the registered qualied electors of the ward from which the ocer was elected. The 10 percent shall be computed from the total number of the qualied registered electors from such ward according to the latest ocial count of the registered qualied electors made by the Board 30 days prior to the date of initial submission to the Board of the notice of intention to recall. 2 A recall petition for an at-large elected ocial shall contain the signatures of registered qualied electors in number equal to 10 percent of the registered qualied electors in the District of Columbia: Provided, that the total signatures submitted include 10 percent of the registered electors in each of 5 or more of the 8 wards. The 10 percent shall be computed from the total number of registered qualied electors from the District of Columbia according to the same procedures established in paragraph (1) of this subsection. 3 A recall petition for an elected ocer from a single-member district shall include the valid signatures of 10
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i Upon the submission of a recall petition by the proposer to the Board, the Board shall refuse to accept the petition upon any of the following grounds: 1 Except in the case of a recall petition for an Advisory Neighborhood Commissioner, the nancial disclosure statement of the proposer has not been led pursuant to 1-1163.07 and 1-1163.09; 2 The petition is not the proper form established in subsection (e) of this section; 3 The restrictions for initiating the recall process established in subsection (c) of this section were not observed; 4 The time limitation established in subsection (g) of this section within which the recall petition may be circulated and submitted to the Board has expired; 5 The petition clearly bears on its face an insucient number of signatures to qualify for the ballot; or 6 The petition was circulated by persons who, if the ocer sought to be recalled was elected at-large, were not qualied registered electors of the District of Columbia or if the ocer sought to be recalled was elected from a ward, qualied registered electors of that ward, or if the ocer sought to be recalled was elected from an Advisory Neighborhood Commission SMD, qualied registered electors of that SMD. j (1) If the Board refuses to accept the recall petition when submitted to it, the proposer submitting such petition to the Board may appeal, within 10 days after the Boards refusal, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such recall petition. The Superior Court of the District of Columbia shall expedite the consideration of the matter. If the Superior Court of the District of Columbia determines that the petition is legal in form and apparently meets the requirements established under this section, it shall issue an order requiring the Board to accept the petition as of the date of submission.
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2 Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys fees to the proposer. k (1) After the acceptance of a recall petition, the Board shall certify, within 30 calendar days after such petition has been led, whether or not the number of valid signatures on the recall petition meets the qualifying percentage and ward distribution requirements established in subsection (h) of this section and whether or not the necessary number of signatures of registered qualied electors of the District of Columbia, properly distributed by wards, appears on the petition. This certication may be made by a bona de random and statistical sampling method. In a case in which an ocer elected from a ward is sought to be recalled, if a person who signs a recall petition for that elected ocer is found not to be a registered qualied elector in the ward indicated on the petition, that name and signature shall not be counted toward determining whether or not the recall measure qualies. In a case in which an ocer elected at-large is sought to be recalled, if a person who signs a recall petition for that elected ocer is found to be a registered qualied elector in a ward other than what was indicated on the petition sheet, such person shall be counted from the correct ward in determining whether or not a recall measure for an at-large elected ocer qualied. In a case in which an Advisory Neighborhood Commissioner is sought to be recalled, if a person who signs a petition to recall that Advisory Neighborhood Commissioner is found not to be a registered qualied elector in the single-member district indicated on the petition, the persons name and signature shall not be counted toward determining whether or not the recall measure qualies. If the Board nds that the same person has signed a petition for the same recall measure more than once, it shall count only 1 signature of such person. Two persons representing the petitioner(s) seeking the recall and 2 persons representing the elected ocer sought to be recalled may be present to observe during the counting and validating procedure. 2 The Board shall post, within 3 calendar days after the acceptance of a recall petition, whether in the normal course or at the direction of a court, by making available for public inspection in the oce of the Board, the petition for the recall measure or facsimile. Any registered qualied elector, during a 10-day period (including Saturdays, Sundays, and holidays, except that with respect to a petition to recall a member of an Advisory Neighborhood Commission SMD, the 10-day period shall not include Saturdays, Sundays,
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and holidays), beginning on the day the recall petition was posted by the Board, may challenge the validity of such petition by a written statement duly signed by the challenger and led with the Board, specifying concisely the alleged defects in the petition. The provisions of 1-1001.08(o)(2) shall be applicable to a challenge and the Board may establish any necessary rules and regulations consistent that concerns the process of the challenge. 3 For the purpose of verifying a signature on any petition led pursuant to this section, the Board shall rst determine that the address on the petition is the same as the residence shown on the signers voter registration record. If the address is dierent, the signature shall not be counted as valid unless the Boards records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition. l After determining that the number and validity of signatures in the recall petition meet the requirements established in this section, the Board shall certify the suciency of such recall petition and shall x the date of a special election to determine whether the elected ocer who is the subject of the recall shall be removed from his or her oce. The Board shall conduct an election for this purpose within 114 days after the date the petition to recall has been certied as to its suciency. If a previously scheduled general, primary, or special election will occur between 54 and 114 days after the date the petition to recall has been certied as to its suciency, the Board may present the recall measure at that election. In the case of a proposed recall of an ocer elected to represent a particular ward, the recall election shall be conducted only in that ward. In the case of a proposed recall of an Advisory Neighborhood Commissioner, the recall election shall be conducted in one of the following manners unless conducted in accordance with a previously scheduled general, primary, or special election pursuant to this subsection: 1 (A) In the single-member district represented by the Advisory Neighborhood Commissioner at the voting precinct containing the majority of the registered qualied electors; or B If the voting precinct is unavailable, at an appropriate alternative site within the single-member district; 2 By postal ballot by mailing by 1st class mail no later than 7 days prior to the date of the election an ocial ballot issued by the Board. The ballots
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shall be mailed to each qualied registered elector in the single-member district at the address at which the elector is registered, except for those persons who have made arrangements with the Board for absentee voting pursuant to 1-1001.09(b)(2). The Board shall, pursuant to 1-1001.05(a)(14), issue rules to implement the provisions of this paragraph. The ballots shall be printed with prepaid 1st class postage and shall be postmarked no later than midnight of the day of the election. 3 A special election called to consider the recall of an Advisory Neighborhood Commissioner shall not be considered an election for the purposes of 1-1001.16(p). m The Board shall place the recall measure on the ballot in substantially the following form: n Based on the results of the special election held to decide the outcome of the recall measure, the elected ocer sought to be recalled shall be removed from that oce: Provided, that a majority of the qualied electors voting in the recall election vote to remove him or her. The vacancy, as created by the removal, shall be lled in the same manner as other vacancies, as provided in 1-204.01(b)(3) and (d), 1-204.21(c)(2), 1-309.06(d), and 1- 1001.10.
0.1.1035
Election wards.
a (1) Not later than 10 days after receiving the ocial report of the federal decennial census (census report) for the District of Columbia (District) by the United States Bureau of the Census, the Mayor shall transmit the census report to the Council, including all information pertaining to the ocial total population of the District and the ocial population size of each of the census tracts, census blocks, and election wards in the District. 2 The Mayor and the District of Columbia Board of Elections and Ethics (Board) shall provide the Council with technical and analytical services necessary for decennial redistricting, including but not limited to, statistical and demographic analysis of ocial census data and production of computerized election district maps. 3 The Mayor and the Board shall make available to the public, at cost, copies of the census data base and any maps to be used for redistricting in hard copy or machine readable form.
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b The Council shall, by act after public hearing, make any adjustment in the boundaries of election wards that is necessary as a result of population shifts and changes, not later than 90 days after the Councils receipt of the census report, or not later than July 14th of the year in which the census report is received, whichever is later. c The Council shall divide the District into 8 compact and contiguous election wards, each of which shall be approximately equal in population size. d The total District population and the population of the Districts dened sub-units, as determined by the census report, or any ocial adjustment of the census report, shall be the exclusive permissible population data for apportionment of election wards. e The boundaries of each of the 8 election wards shall conform to the greatest extent possible with the boundaries of the census tracts that are established by the United States Bureau of the Census. f No redistricting plan or proposed amendment to a redistricting plan shall result in district populations with a deviation range more than 10 g No redistricting plan or proposed amendment to a redistricting plan shall be considered if the plan or amendment has the purpose and eect of diluting the voting strength of minority citizens. h Any adjustment made less than 180 days prior to a regularly scheduled election shall not be eective for that election, or, if that election is a primary election, for the general election following the primary election.
0.1.1036
Timeliness of action.
For purposes of this or any other act administered by the Board of Elections and Ethics, if the nal date for any action falls on a Saturday, Sunday, or legal holiday, such action shall be considered timely if taken on the next regular business day immediately thereafter.
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0.1.1037
Issuance of rules and regulations.
The Board of Elections and Ethics shall issue rules and regulations to effect the provisions of this act, in accordance with the District of Columbia Administrative Procedure Act ( 2-501 et seq.).
0.1.1038
Applicability of 1-1001.16 to initiative petitions circulated on or after October 1, 1978, and before June 7, 1979.
With respect to any initiative petition circulated on or after October 1, 1978, and before June 7, 1979, that is presented to or oered for ling to the Board of Elections and Ethics, 1-1001.16 shall apply: Except, that: 1 The provisions of subsections (h)(1), (j)(1), (j)(3), (k)(1)(B) and (k)(1)(C) of 1-1001.16 shall not be applied in the case of such petition; 2 Subsection (b) of 1-1001.16 shall not apply to the extent that it would require the assignment and use of a serial number prior to the circulation and ling of such petition; 3 Subsections (c) through (f) of 1-1001.16 shall not apply to the extent that they would require the approval of a summary statement, short title, and legislative form for an initiative measure prior to the circulation and ling of such petitions; and 4 Subsection (g) of 1-1001.16 shall not apply to such petition: Provided, however, that each sheet of the petition shall include a statement declaring that each person signing must be or is a registered voter in the District of Columbia.
0.1.1039
Eective date.
This act shall take eect at the end of the 30-day period provided for the Congressional review of acts of the Council of the District of Columbia in 1-206.02(c)(1): Provided, however, that no initiative, referendum or recall measure may be initiated as provided in 1-1001.16 and 1-1001.17 until on or after October 1, 1978.
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0.1.1040
Non-English speaking person dened.
As used in this section, the term non-English speaking person shall mean a person whose native speaking language is a language other than English, and who continues to use his or her native language as his or her primary means of oral and written communication.
0.1.1041
Election materials to be supplied in Non-English language and in English.
a In election wards in the District of Columbia in which non-English speaking persons who speak the same language constitute 5 percent or more of the eligible voting population, as determined by the Statistical Oce of the District of Columbia government, the Board of Elections and Ethics (hereinafter in this section referred to as the Board) shall cause all election materials, including, but not limited to, ballots, voting instructions, and voter pamphlets, to be supplied in both the native language of such nonEnglish speaking eligible voters and English. b The Board may by regulation adopt lesser percentages of non-English speaking persons in a particular ward or precinct who would be sucient to obtain election materials in a language other than English, and may by regulation, establish procedures to allow non-English speaking persons to participate in the electoral process where such non-English speaking persons do not constitute 5 percent or more of the eligible voting population in 1 ward or precinct.
0.1.1042
Establishment of ward task forces on Advisory Neighborhood Commissions.
a Each member of the Council of the District of Columbia (Council) elected from a ward shall appoint a broadly-based ward task force on Advisory Neighborhood Commissions (ward task force) for his or her ward. b In appointing the members of a ward task force, each Councilmember shall give full consideration to assuring fair representation for all racial and ethnic minorities, women, and geographical areas in his or her ward. c Each member of a ward task force shall be a registered voter and resident of the ward for which his or her ward task force is appointed.
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d Each member of the Council elected at-large and the Chairman of the Council may appoint a person to each ward task force. e Ward task force members shall serve until the ward task force les its nal report with the Council unless the Council, by resolution, extends the term of the ward task force. f Each ward task force member shall serve without compensation.
0.1.1043
Report of ward task forces.
a (1) Each ward task force shall submit a report to the Council not later than 90 days after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) of legislation that reapportions the boundaries of the election wards pursuant to 1-1011.01. 2 The Mayor and the District of Columbia Board of Elections and Ethics (Board) shall provide each ward task force with technical and analytical services necessary for decennial redistricting, including, but not limited to, statistical and demographic analysis of ocial census data and production of computerized election district maps. 3 The Mayor and the Board shall make available to the public, at cost, copies of the census data base and any maps to be used for redistricting in hard copy or machine readable form. b The report submitted by a ward task force shall contain:
1 Alternative recommendations for the adjustment of the boundaries of Advisory Neighborhood Commission area and single-member districts for that ward; and 2 Other recommendations with respect to the operation of advisory neighborhood commissions. c In developing its report, each ward task force shall comply with the requirements of this section and the requirements of 1-309.03.
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d The total District population and the population of dened sub-units of the District population as determined by the federal decennial census, or any ocial adjustment to the federal decennial census, shall be the exclusive permissible population data for apportionment of single-member districts. e No redistricting plan or proposed amendment to a redistricting plan shall result in district populations with a deviation range greater than 10 f No redistricting plan or proposed amendment to a redistricting plan shall be considered if the plan or amendment has the purpose and eect of diluting the voting strength of minority citizens.
0.1.1044
Adoption of election ward boundaries eective January 1, 2012.
WARD I Starting at the intersection of a line projected from Rock Creek to Piney Branch Parkway N.W.; thence in an easterly direction along said Piney Branch Parkway, N.W., to Sixteenth Street, N.W.; thence south along said Sixteenth Street, N.W., to Spring Road, N.W.; thence in an easterly direction along said Spring Road, N.W., to New Hampshire Avenue, N.W.; thence in a northeasterly direction along said New Hampshire Avenue, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along said Rock Creek Church Road, N.W., to Park Place, N.W.; thence south along said Park Place, N.W., to Michigan Avenue, N.W.; thence in an easterly direction along said Michigan Avenue, N.W., to First Street, N.W.; thence south along said First Street, N.W., to Bryant Street, N.W.; thence in a westerly direction along said Bryant Street, N.W., to Second Street, N.W.; thence south along said Second Street, N.W., to Rhode Island Avenue, N.W.; thence in a westerly direction along said Rhode Island Avenue, N.W., to Florida Avenue, N.W.; thence in a westerly direction along said Florida Avenue, N.W. , to T Street, N.W.; thence in a westerly direction along said T Street, N.W., to Wiltberger Street, N.W.; thence in a southerly direction along said Wiltberger Street, N.W., to S Street, N.W.; thence west along said S Street, N.W., to Fourteenth Street, N.W.; thence north along said Fourteenth Street, N.W., to U Street, N.W.; thence west along said U Street, N.W., to Florida Avenue, N.W.; thence in a southwesterly direction along said Florida Avenue, N.W., to Connecticut Avenue, N.W.; thence in a northwesterly direction along said Connecticut Avenue, N.W., to the center line of Rock Creek; thence in a northeasterly direction along said Rock
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Creek to the intersection of a line projected from the end of Piney Branch Parkway; thence along said projected line to Piney Branch Parkway, N.W. WARD II Starting at the intersection of the center line of Connecticut Avenue, N.W., and the center line of Rock Creek; thence southeasterly along said Connecticut Avenue, N.W., to Florida Avenue, N.W.; thence in an easterly direction along said Florida Avenue, N.W., to U Street, N.W.; thence east along said U Street, N.W., to Fourteenth Street, N.W.; thence south along said Fourteenth Street, N.W., to S Street, N.W.; thence east along said S Street, N.W., to Eleventh Street, N.W.; thence south along said Eleventh Street, N.W., to P Street, N.W.; thence east along said P Street, N.W., to Ninth Street, N.W.; thence south along Ninth Street, N.W., to N street, N.W. ; thence east along N Street, N.W., to the alley running along the eastern side of the Washington Convention Center; thence south along said alley to M Street, N.W.; thence east along said M Street, N.W., to Seventh Street, N. W.; thence south along Seventh Street, N.W., to Massachusetts Avenue, N.W.; thence along said Massachusetts Avenue, N.W., to the eastern boundary of Interstate 395; thence south along the said eastern boundary of Interstate 395 to the point where it crosses beneath Constitution Avenue, N.W.; thence east along said Constitution Avenue, N.W., to its intersection with a line extending north from the center line of South Capitol Street through the center of the Capitol building; thence south along said line to Independence Avenue, S.W.; thence west along said Independence Avenue, S.W., to Fourteenth Street, S.W.; thence south along said Fourteenth Street, S.W., to a center line projection of the Washington Channel; thence in a southerly direction along the center line projection of Washington Channel to a center line projection of the Anacostia River; thence southwesterly along the center line of said Anacostia River and the projection of that center line to the Commonwealth of Virginia-District of Columbia boundary line at the Commonwealth of Virginia shore of the Potomac River; thence in a northwesterly direction along said Commonwealth of Virginia-District of Columbia boundary line to its intersection with a line extending the eastern boundary of Glover Archbold Park south to the Commonwealth of Virginia shore of the Potomac River; thence in a northerly direction from said boundary line to the southern boundary of the eastern leg of Glover Archbold Park; thence in an easterly direction along the southern boundary of the eastern leg of Glover Archbold Park to Whitehaven Parkway, N.W.; thence east along Whitehaven Parkway, N.W., to Thirty-Fifth Street, N.W.; thence in a northerly direction along said Thirty-Fifth Street, N.W., to Wisconsin Avenue, N.W.; thence in a southeasterly direction along said Wisconsin
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Avenue, N.W., to Whitehaven Street, N.W.; thence in an easterly direction along said Whitehaven Street, N.W., to the northwest boundary of Dumbarton Oaks Park; thence in an easterly direction along said northwest boundary of Dumbarton Oaks Park to Whitehaven Street, N. W.; thence in an easterly direction along said Whitehaven Street, N.W., to Massachusetts Avenue, N.W.; thence in a southeasterly direction along said Massachusetts Avenue, N.W., to the center line of Rock Creek; thence in a northeasterly direction along said center line of Rock Creek to the point of beginning at its intersection with Connecticut Avenue, N.W. WARD III Starting at the intersection of the State of Maryland-District of Columbia boundary line and the center line of Broad Branch Road, N.W.; thence in a southerly direction along said Broad Branch Road to Twenty-Seventh Street, N.W.; thence in a northerly direction along said Twenty-Seventh Street, N.W., to Military Road, N.W.; thence in an easterly direction along said Military Road, N.W., to the center line of Rock Creek; thence in a southerly direction along Rock Creek to its intersection with the center line of Massachusetts Avenue, N.W.; thence in a northwesterly direction along said Massachusetts Avenue, N.W., to Whitehaven Street, N.W.; thence west along said Whitehaven Street, N.W., to the northwestern boundary of Dumbarton Oaks Park; thence in a westerly direction along said northwestern boundary of said Dumbarton Oaks Park to Whitehaven Street, N.W.; thence in a westerly direction along said Whitehaven Street, N.W., to Wisconsin Avenue, N.W.; thence in a northwesterly direction along said Wisconsin Avenue, N.W., to Thirty-Fifth Street, N.W.; thence south along said ThirtyFifth Street, N.W., to Whitehaven Parkway, N.W.; thence west along said Whitehaven Parkway, N.W., to the southern boundary of the eastern leg of Glover Archbold Park; thence in a westerly direction along said southern boundary of the eastern leg of Glover Archbold Park to a point where it intersects with the eastern boundary of Glover Archbold Park; thence in a southerly direction along the eastern boundary of Glover Archbold Park, extending said boundary along a line south to the Commonwealth of Virginia shore of the Potomac River; thence in a northwesterly direction along said Commonwealth of Virginia-District of Columbia boundary line where it follows the Commonwealth of Virginia shore of the Potomac River to the western corner of the District of Columbia; thence in a northeasterly direction along the State of Maryland-District of Columbia boundary line to the point of beginning at its intersection with Broad Branch Road, N.W. WARD IV Starting at the intersection of the State of Maryland-District of Columbia
891
boundary line and the center line of Broad Branch Road, N.W.; thence in a southerly direction along said Broad Branch Road to Twenty-Seventh Street, N.W.; thence in a northerly direction along said Twenty-Seventh Street, N.W., to Military Road, N.W.; thence in an easterly direction along said Military Road, N.W., to the center line of Rock Creek; thence along said Rock Creek to the intersection of a line projected from the end of Piney Branch Parkway; thence along said projected line to Piney Branch Parkway N.W.; thence in an easterly direction along said Piney Branch Parkway, N.W., to Sixteenth Street, N.W.; thence south along said Sixteenth Street, N.W., to Spring Road, N.W.; thence in an easterly direction along said Spring Road, N.W., to New Hampshire Avenue, N.W.; thence in a northeasterly direction along said New Hampshire Avenue, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along said Rock Creek Church Road, N.W., to North Capitol Street, N.W.; thence in a northerly direction along said North Capitol Street to Riggs Road, N.E.; thence in a northeasterly direction along said Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along said South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in an easterly direction along said Kennedy Street, N.E., to the intersection of its center line with the State of Maryland-District of Columbia boundary line; thence in a northwesterly direction along said boundary line to the northern corner of the District of Columbia; thence in a southwesterly direction along said State of Maryland-District of Columbia boundary line to the point of beginning at its intersection with the center line of Broad Branch Road, N.W. WARD V Starting at the intersection of First Street, N.W., and Michigan Avenue, N.W.; thence south along said First Street, N.W., to Bryant Street, N.W.; thence in a westerly direction along said Bryant Street, N.W., to Second Street, N.W.; thence south on said Second Street, N.W., to Rhode Island Avenue, N.W.; thence in a westerly direction along said Rhode Island Avenue, N.W., to Florida Avenue, N.W.; thence in a northwesterly direction along said Florida Avenue, N.W., to New Jersey Avenue, N.W.; thence in a southerly direction along said New Jersey Avenue, N.W., to N Street, N.W.; thence east along said N Street, N.W., to Kirby Street, N.W.; thence south along said Kirby Street, N.W., to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W., to New York Avenue, N.E., to Florida Avenue, N.E.; thence in an easterly direction along said Florida Avenue, N.E., to Benning Road, N.E.; thence in an easterly direction along said Benning Road, N.E., to the center line of the Anacostia River; thence in a northerly direction along the Anacostia River to the in-
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tersection of its center line with the State of Maryland-District of Columbia boundary line; thence in a northwesterly direction along said boundary line to Kennedy Street, N.E.; thence in a westerly direction along said Kennedy Street, N.E., to South Dakota Avenue, N.E.; thence in a northwesterly direction along said South Dakota Avenue, N. E., to Riggs Road, N.E.; thence in a westerly direction along Riggs Road, N. E., to North Capitol Street; thence in a southerly direction along said North Capitol Street to Rock Creek Church Road, N.W.; thence in a southwesterly direction along said Rock Creek Church Road, N.W., to Park Place, N.W.; thence south along said Park Place, N.W., to Michigan Avenue, N.W.; thence in an easterly direction along said Michigan Avenue, N.W., to the point of beginning at its intersection with First Street, N.W. WARD VI Starting at the intersection of North Capitol Street and New York Avenue, N.W.; thence southwesterly along New York Avenue, N.W., to Kirby Street, N.W.; thence north along said Kirby Street, N.W., to N Street, N.W.; thence west along said N Street, N.W., to New Jersey Avenue. N.W.; thence northwesterly along said New Jersey Avenue, N.W., to Florida Avenue, N.W.; thence in a northwesterly direction along said Florida Avenue, N.W., to T Street, N.W.; thence in a westerly direction along said T Street, N.W., to Wiltberger Street, N.W.; thence in a southerly direction along said Wiltberger Street, N.W., to S Street, N.W.; thence west along said S Street, N.W., to Eleventh Street, N.W.; thence south along said Eleventh Street, N.W., to P Street, N.W.; thence east said P Street, N.W., to Ninth Street, N.W.; thence in a south along said Ninth Street, N.W., to N Street, N.W.; thence east along said N street, N.W., to the alley running along the eastern side of the Washington Convention Center; thence south along said alley to M Street, N.W.; thence east along said M Street, N.W., to Seventh Street, N.W.; thence south along Seventh Street, N.W., to Massachusetts Avenue, N.W.; to the eastern boundary of Interstate 395; thence south along the said eastern boundary of Interstate 395 to the point where it crosses beneath Constitution Avenue, N.W.; thence east along said Constitution Avenue, N.W., to its intersection with a line extending north from the center line of South Capitol Street through the center of the Capitol building; thence south along said line to Independence Avenue, S.W.; thence west along said Independence Avenue, S.W., to Fourteenth Street, S.W.; thence south along said Fourteenth Street, S.W., to a center line projection of the Washington Channel; thence in a southerly direction along the center line projection of Washington Channel to a center line projection of the Anacostia River; thence in a northeasterly direction along said center line of the
893
Anacostia River to a line extending from the northern property line of the eastern portion of Congressional Cemetery; thence in a westerly direction along said boundary of the Congressional Cemetery to its intersection with Nineteenth Street, S.E.; thence north along said Nineteenth Street, S.E., to East Capitol Street; thence east along the northern portion of East Capitol Street to Twenty-Second Street N.E.; thence in a northerly direction along said Twenty-Second Street N.E., to C Street N.E.; thence west along said C Street N.E., to Nineteenth Street N.E.; thence north along said Nineteenth Street, N.E., to Benning Road, N.E.; thence in a westerly direction along said Benning Road, N.E., to Florida Avenue, N.E.; thence in a northwesterly direction along Florida Avenue, N.E., to New York Avenue, N.E., and west along New York Avenue, N.E., to the point of beginning at its intersection with North Capitol Street. WARD VII Starting at the intersection of the State of Maryland-District of Columbia boundary line and the center line of the Anacostia River; thence in a southerly direction along the center line of said Anacostia River to Benning Road, N.E.; thence in a northwesterly direction along said Benning Road to Nineteenth Street, N.E; thence in a southerly direction along said Nineteenth Street, N.E., to C Street N.E.; thence east along said C Street N.E., to Twenty-Second Street N.E.; thence south along Twenty-Second Street N.E., to the northern portion of East Capitol Street; thence west along said East Capitol Street to Nineteenth Street S.E.; thence south along said Nineteenth Street S.E., to its intersection with the property line of Congressional Cemetery; thence in an easterly direction along said property line to its easternmost point and continuing east on the same bearing to the centerline of the Anacostia River; thence in a southwesterly direction along said Anacostia River to its intersection with Pennsylvania Avenue S.E.; thence along a line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive S.E.; thence south along said Nicholson Street S.E., to Minnesota Avenue, S.E; thence northerly along said Minnesota Avenue, S.E., to Twenty-Fifth Street, S.E.; thence south along said Twenty-Fifth Street, S.E., to Naylor Road, S.E.; thence in a southeasterly direction along said Naylor Road, S.E., to the State of Maryland-District of Columbia boundary line; thence in a northeasterly direction along said State of Maryland-District of Columbia boundary line to the eastern corner of the District of Columbia; thence in a northwesterly direction along the State of Maryland-District of Columbia boundary line to the point of beginning at its intersection with the center line of the Anacostia River. WARD VIII
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Starting at the intersection of the Commonwealth of Virginia-District of Columbia boundary line on the Commonwealth of Virginia shore of the Potomac River with the projection of the center line of the Anacostia River; thence in a northerly direction along the Anacostia River to Pennsylvania Avenue, S.E.; thence along a line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive, S.E.; thence south along said Nicholson Street, S.E., to Minnesota Avenue, S.E.; thence in a northerly direction along said Minnesota Avenue, S.E., to Twenty-Fifth Street, S.E.; thence south along said Twenty-Fifth Street, S.E., to Naylor Road, S.E.; thence in a southeasterly direction along said Naylor Road, S.E., to the State of Maryland-District of Columbia boundary line; thence in a southwesterly direction along said State of Maryland-District of Columbia boundary line to the southern corner of the District of Columbia on the Commonwealth of Virginia shore of the Potomac River; thence along the Commonwealth of Virginia-District of Columbia boundary line to the point of beginning at its intersection with the projection of the center line of the Anacostia River. a Notwithstanding 1-1011.01(h), and notwithstanding any other provision, the Council adopts the following election ward boundaries to be eective January 1, 2012, and to be used in all elections held after February 1, 2012, in the District of Columbia: b Except where otherwise indicated, the boundary line is the center of the street.
0.1.1045
Residency requirement.
No ocial elected from any ward or from any single-member district shall be required to forfeit his or her oce solely by reason of a change in boundaries which places the residence of such ocial outside the ward or single-member district from which he or she was elected. Such ocial shall be permitted to complete his or her term of oce, but in future elections he or she may be a candidate only in the ward or single-member district in which he or she resides.
0.1.1046
Enactment.
Agreement Among The States To Elect The President By National Popular Vote ARTICLE I MEMBERSHIP
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Any State of the United States and the District of Columbia may become a member of this agreement by enacting this agreement. ARTICLE II RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND VICE PRESIDENT Each member state shall conduct a statewide popular election for President and Vice President of the United States. ARTICLE III MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES Prior to the time set by law for the meeting and voting by the presidential electors, the chief election ocial of each member state shall determine the number of votes for each presidential slate in each State of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a national popular vote total for each presidential slate. The chief election ocial of each member state shall designate the presidential slate with the largest national popular vote total as the national popular vote winner. The presidential elector certifying ocial of each member state shall certify the appointment in that ocials own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day xed by law for the meeting and voting by the presidential electors, each member state shall make a nal determination of the number of popular votes cast in the state for each presidential slate and shall communicate an ocial statement of such determination within 24 hours to the chief election ocial of each other member state. The chief election ocial of each member state shall treat as conclusive an ocial statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a states nal determination conclusive as to the counting of electoral votes by Congress. In event of a tie for the national popular vote winner, the presidential elector certifying ocial of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that ocials own state. If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that states number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that states presidential elector certifying ocial shall
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certify the appointment of such nominees. The chief election ocial of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained. This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in eect in states cumulatively possessing a majority of the electoral votes. ARTICLE IV OTHER PROVISIONS This agreement shall take eect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken eect in each state. Any member state may withdraw from this agreement, except that a withdrawal occurring 6 months or less before the end of a Presidents term shall not become eective until a President or Vice President shall have been qualied to serve the next term. The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken eect in that ocials state, when the state has withdrawn from this agreement, and when this agreement takes eect generally. This agreement shall terminate if the Electoral College is abolished. If any provision of this agreement is held invalid, the remaining provisions shall not be aected. ARTICLE V DEFINITIONS For the purposes of this agreement, the term: Chief election ocial shall mean the state ocial or body that is authorized to certify the total number of popular votes for each presidential slate; Chief executive shall mean the Governor of a State of the United States or the Mayor of the District of Columbia; Elector slate shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate; Presidential elector shall mean an elector for President and Vice President of the United States; Presidential elector certifying ocial shall mean the state ocial or body that is authorized to certify the appointment of the states presidential electors; Presidential slate shall mean a slate of 2 persons, the rst of whom has been nominated as a candidate for President of the United States and the
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second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state; State shall mean a State of the United States and the District of Columbia; and Statewide popular election shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
0.1.1047
Short title.
This subchapter may be cited as the Uniform Military and Overseas Voters Act of 2012.
0.1.1048
Denitions.
For the purposes of this subchapter, the term: 1 Board means the Board of Elections and Ethics, established by 11001.03. 2 Covered voter means: A A uniformed-service voter or an overseas voter who is registered to vote in the District; B A uniformed-service voter whose voting residence is in the District and who otherwise satises the Districts voter eligibility requirements; C An overseas voter who, before leaving the United States, was last eligible to vote in the District and, except for a District residency requirement, otherwise satises the Districts voter eligibility requirements; D An overseas voter who, before leaving the United States, would have been last eligible to vote in the District had the voter then been of voting age and, except for a District residency requirement, otherwise satises the Districts voter eligibility requirements; or
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E An overseas voter who was born outside the United States, is not described in subparagraphs (C) or (D) of this paragraph, and, except for a District residency requirement, otherwise satises the Districts voter eligibility requirements if: i Before leaving the United States, the voters last place of residence was with a parent or legal guardian who resided within the District; and ii The voter has not previously registered to vote in any other state.
3 Dependent means an individual recognized as a dependent of a uniformed service voter. 4 District means the District of Columbia. 5 Federal postcard application means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U. S.C. 1973(b)(2)). 6 Federal write-in absentee ballot means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925;42 U.S.C. 1973-2). 7 Military-overseas ballot means: A A federal write-in absentee ballot;
B A ballot specically prepared or distributed for use by a covered voter in accordance with this subchapter; or C A ballot cast by a covered voter in accordance with this subchapter. 8 Overseas voter means a United States citizen who is outside the United States. 9 State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 10 Uniformed service means:
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A Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; B The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or C The National Guard and state militia. 11 Uniformed-service voter means an individual who is qualied to vote and is: A A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty; B A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; C A member on activated status of the National Guard or state militia; or D A spouse or dependent of a member referred to in this paragraph.
12 United States, used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
0.1.1049
Elections covered.
The voting procedures in this subchapter apply to: 1 A general, special, or primary election for President, Vice President, or District of Columbia Delegate to the United States House of Representatives;
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2 A general, special, or primary election for Mayor, Chairman of the Council, member of the Council, member of the State Board of Education, or Attorney General for the District of Columbia; 3 An initiative, referendum, or recall measure; and 4 A proposed Charter amendment.
0.1.1050
Role of Board.
a The Board is responsible for implementing this subchapter and the Districts responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. 1973 et seq.). b The Board shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots. c The Board shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this subchapter. d The Board shall:
1 Develop standardized absentee-voting materials, including privacy and transmission envelopes, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the District; and 2 To the extent reasonably possible, coordinate with other states to carry out this subsection. e The Board shall prescribe the form and content of a declaration for use by a covered voter to swear or arm specic representations pertaining to the voters identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration must be based on the declaration prescribed to accompany a federal writein absentee ballot, as modied to be consistent with this subchapter. The
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Board shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.
0.1.1051
Overseas voters registration address.
In registering to vote, an overseas voter who is eligible to vote in the District must be assigned to the voting precinct of the address of the last place of residence of the voter in the District, or, in the case of a voter described by 1-1061.02(2)(E), the address of the last place of residence in the District of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.
0.1.1052
Methods of registering to vote.
a To apply to register to vote, a covered voter may use a federal postcard application or the applications electronic equivalent, or any other method approved under federal law. b A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote if the declaration is received by 30 days before the election. c The Board shall ensure that the electronic transmission system described in 1-1061.04(c) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to register to vote.
0.1.1053
Methods of applying for military-overseas ballot.
a A covered voter who is registered to vote in the District may apply for a military-overseas ballot using either the regular absentee ballot application on the form prescribed by the Board or the federal postcard application or the applications electronic equivalent. b A covered voter who is not registered to vote in the District may use a federal postcard application or the applications electronic equivalent to apply to register to vote under 1-1061.06 and for a military-overseas ballot.
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CONTENTS
c The Board shall ensure that the electronic transmission system described in 1-1061.04(c) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to apply for a military-overseas ballot. d A covered voter may use the declaration accompanying a federal writein absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the Board by the 7th day before the election. e To receive the benets of this subchapter, a covered voter must inform the Board that the voter is a covered voter. Methods of informing the Board that a voter is a covered voter include: 1 The use of a federal postcard application or federal write-in absentee ballot; 2 The use of an overseas address on an approved voter registration application or ballot application; and 3 The inclusion on an approved voter registration application or ballot application of other information sucient to identify the voter as a covered voter. f This subchapter does not preclude a covered voter from voting with a regular absentee ballot as authorized by the Board.
0.1.1054
Timeliness and scope of application for militaryoverseas ballot.
An application for a military-overseas ballot is timely if received by the 7th day before the election. An application for a military-overseas ballot for a primary election, whether or not timely, is eective as an application for a military-overseas ballot for the general election.
903
0.1.1055
Transmission of unvoted ballots.
a For an election described in 1-1061.03 for which the District has not received a waiver pursuant to section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. 1973-1(g)(2)), no later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, no later than the business day preceding the 45th day, the Board shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application. b A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if oered by the District, Internet delivery. The Board shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter. c If a ballot application from a covered voter arrives after the District begins transmitting ballots and balloting materials to voters, the Board shall transmit the ballot and balloting materials to the voter no later than 2 business days after the application arrives.
0.1.1056
Timely casting of ballot.
To be valid, a military-overseas ballot must be submitted by the voter on the date of the election by mailing or other authorized means of delivery no later than 12:01 a.m. at the place where the voter completes the ballot.
0.1.1057
Federal write-in absentee ballot.
A covered voter may use a federal write-in absentee ballot to vote for all oces and ballot measures in an election described in 1-1061.03.
0.1.1058
Receipt of voted ballot.
a A valid military-overseas ballot cast in accordance with 1-1061.10 must be counted if it is delivered within 10 days after the election to the address that the Board has specied.
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b If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.
0.1.1059
Declaration.
A military-overseas ballot must include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of making a false statement under the laws of the District.
0.1.1060
Conrmation of receipt of application and voted ballot.
The Board shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether: 1 The voters federal postcard application or other registration or militaryoverseas ballot application has been received and accepted; and 2 The voters military-overseas ballot has been received and the current status of the ballot.
0.1.1061
Use of voters electronic-mail address.
a The Board shall request an electronic-mail address from each covered voter who registers to vote after June 5, 2012. An electronic-mail address provided by a covered voter, or by any other District voter, may not be made available to the public or any individual or organization other than an authorized agent of the Board and is exempt from disclosure under subchapter II of Chapter 5 of Title 2. The address may be used only for ocial communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voters mailing address and physical location. The request for an electronic-mail address must describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
905
b A covered voter who provides an electronic-mail address may request that the voters application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year of the date of the application or another shorter period that the voter species. The Board shall provide a militaryoverseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.
0.1.1062
Publication of election notice.
a At least 100 days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Board shall prepare an election notice, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal and District oces that as of that date the Board expects to be on the ballot on the date of the election. The notice also must contain specic instructions for how a voter is to indicate on the federal write-in absentee ballot the voters choice for each oce to be lled and for each ballot measure to be contested. b A covered voter may request a copy of an election notice. The Board shall send the election notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests. c No later than 45 days before an election, the Board shall update the election notice described in subsection (a) of this section with the certied candidates for each oce and ballot measure questions and make the updated notice publicly available. d The Board shall make the election notice prepared under subsection (a) of this section and updated versions of the election notice regularly available on the Boards Internet website.
0.1.1063
Prohibition of nonsubstantive requirements.
a If a voters mistake or omission in the completion of a document under this subchapter does not prevent determining whether a covered voter
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is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specied size or weight, shall not invalidate a document submitted under this subchapter. In a write-in ballot authorized by this subchapter or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable under the Districts uniform denition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote. b Notarization is not required for the execution of a document under this subchapter. An authentication, other than the declaration specied in 11061.13 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for the execution of a document under this subchapter. The declaration and any information in the declaration may be compared with information on le to ascertain the validity of the document.
0.1.1064
Equitable relief.
The Superior Court of the District of Columbia may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or to enforce this subchapter on application by: 1 A covered voter alleging a grievance under this subchapter; or 2 An election ocial in the District.
0.1.1065
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
0.1.1066
Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. 7001 et seq.) (Act), but does not modify, limit, or supersede
907
section 101(c) of that Act (15 U.S.C. 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. 7003(b)).
0.1.1067 0.1.1068 0.1.1069 0.1.1070
Election Campaigns; Lobbying; Conict of Interest. [Repealed] Contribution limitations. [Repealed] Government Ethics and Accountability. Appeals.
Appeals of any order or ne made by the Ethics Board in accordance with this subchapter shall be made to the Superior Court of the District of Columbia.
0.1.1071 0.1.1072 0.1.1073 0.1.1074 0.1.1075 0.1.1076
Election Campaigns; Lobbying; Conict of Interest. [Repealed] Denitions. [Repealed] Political committees. [Repealed] Principal campaign committee. [Repealed] Government Ethics and Accountability. Transition provisions; applicability.
a Subchapter II, parts A and B, of this chapter shall apply as of April 27, 2012, except that neither the Ethics Board or the Director of Government Ethics shall receive, investigate, or adjudicate violations of the Code of Conduct, or issue advisory opinions, conduct ethics training, or issue ethics manuals until October 1, 2012. b Subchapter II, part C, of this chapter shall apply as of April 27, 2012, except that the delivery of statements required by 1-1162.23(c)(2)(C) shall be delivered to the Elections Board until October 1, 2012. The Elections Board shall enforce subchapter II, part C, of this chapter until October 1, 2012, after which pending matters shall be transferred to the Ethics Board for enforcement.
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c Subchapter II, part D, of this chapter shall apply as of October 1, 2012, except that the Oce of Campaign Finance shall administer and enforce the subchapter, including receiving and reviewing the necessary disclosures, until January 1, 2013. d Subchapter II, part E, of this chapter shall apply as of April 27, 2012, except that the enforcement of the provisions of part E shall be enforced by the Oce of Campaign Finance until October 1, 2012. e Subchapter III, parts A and B, of this chapter shall apply as of April 27, 2012. f Subchapter III, part C, of this chapter shall apply as of October 1, 2012. g Subchapter III, part D, of this chapter shall apply as of April 27, 2012. h i Subchapter III, part E, of this chapter shall apply as of April 27, 2012. Subchapter III, part F, of this chapter shall apply as of April 27, 2012.
j [Reserved]. k l [Reserved]. This subchapter shall apply as of April 27, 2012.
m This chapter shall apply upon the inclusion of its scal eect in an approved budget and nancial plan.
0.1.1077
Constituent services.
a The Mayor, the Chairman of the Council, and each member of the Council may establish constituent-service programs within the District. The Mayor, the Chairman of the Council, and each member of the Council may nance the operation of these programs with contributions from persons; provided, that contributions received by the Mayor, the Chairman of the Council, and each member of the Council do not exceed an aggregate amount of $40,000 in any one calendar year. The Mayor, the Chairman of the Council, and each member of the Council may expend a maximum of $40,000 in
909
any one calendar year for constituent service programs. No person shall make any contribution which, and neither the Mayor, the Chairman of the Council, nor any member of the Council shall receive any contribution from any person which, when aggregated with all other contributions received from such person, exceed $500 per calendar year; provided, that such $500 limitation shall not apply to contributions made by the Mayor, the Chairman of the Council, or any member of the Council for the purpose of funding his or her own constituent-service program. The Mayor, the Chairman of the Council, and each member of the Council shall le a quarterly report of all contributions received and monies expended in accordance with this subsection with the Director of Campaign Finance. b (1) Funds raised pursuant to this section shall be expended only for an activity, service, or program which provides emergency, informational, charitable, scientic, educational, medical, or recreational services to the residents of the District of Columbia and which expenditure accrues to the primary benet of residents of the District of Columbia. 2 Allowable expenditures include: A Funeral arrangements;
B Emergency housing and other necessities of life; C Past due utility payments; D Food and refreshments or an in-kind equivalent on infrequent occasions;
E Community events sponsored by the constituent-service program or an entity other than the District government; and F Community-wide events. 3 Disallowable expenditures include: A Promoting or opposing, as a primary purpose, a political party, committee, candidate, or issue;
910 B Fines and penalties inuring to the District; C Any expenditure of cash; E Sponsorships for political organizations; and
CONTENTS
F Any mass mailing within the 90-day period immediately preceding a primary, special, or general election by a member of the Council, or the Mayor, who is a candidate for oce. c Upon the request of any member of the Council, the Mayor shall provide the member with suitable oce space in a publicly owned building for the operation of a constituent-service program oce located in the ward represented by the member. Each at-large member of the Council shall be oered constituent-service oce space located in a ward of the members choice. Members shall be provided with space of approximately equivalent square footage, and in similar proximity to commercial corridors and public transportation, where practicable. The space provided shall also be easily accessible by persons with disabilities or persons who are elderly. Any space provided shall not be counted as an in-kind contribution. Furnishings, equipment, telephone service, and supplies to this oce space shall be provided from funds other than appropriated funds of the District government. d Every constituent-service program shall have a chairman and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a constituent-service program at a time when there is a vacancy in the oce of its treasurer and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a constituent-service program without the authorization of its chairman or treasurer or their designated agents. e Contributions of personal property from persons to the Mayor or to any members of the Council or contributions of the use of personal property shall be valued, for purposes of this section, at the fair market value of the property, not to exceed $1,000 per calendar year at the time of the contribution. Contributions made or received pursuant to this section shall not be applied against the limitation on political contributions established by 1-1163.33.
911
f All contributions and expenditures made by persons to the Mayor, Chairman of the Council, and each member of the Council as provided by subsection (a) of this section, and all expenditures made by the Mayor, Chairman of the Council, and each member of the Council as provided by subsection (a) of this section, shall be reported to the Director of Campaign Finance quarterly on forms that the Director of Campaign Finance shall prescribe. The forms must prescribe itemized reporting of expenditures. All of the record-keeping requirements of this subchapter shall apply to contributions and expenditures made under this section. At the time of termination, any excess funds shall either be used to retire the debts of the program or donated to an nonprot organization, within the meaning of the Internal Revenue Code, and operating in good standing in the District of Columbia for a minimum of one calendar year prior to the date of donation. g Activities authorized by this section may be carried on at any location in the District; provided, that employees do not engage in constituent-service fundraising activities while on duty. h Violations of this part shall be subject to the penalties set forth in 11162.21
0.1.1078
Document under oath.
a Notwithstanding any other provisions of this subchapter, neither the Elections Board, or any of its ocers or employees, nor the Director of Campaign Finance, or any of his or her ocers or employees, may require that a document be sworn under oath unless the Elections Board and Director of Campaign Finance maintain at the place of receipt of such documents and during regular business days and hours, a notary public to administer such oaths. b If no such notary public is available, persons wishing to le documents for which an oath is requested may, in lieu thereof, arm by their signature that their statements are true under penalty of 1-1163.35.
0.1.1079
Prohibition on the use of District government resources for campaign-related activities.
a No resources of the District of Columbia government, including the expenditure of funds, the personal services of employees during their hours of
912
CONTENTS
work, and nonpersonal services, including supplies, materials, equipment, oce space, facilities, and telephones and other utilities, shall be used to support or oppose any candidate for elected oce, whether partisan or nonpartisan, or to support or oppose any initiative, referendum, or recall measure, including a charter amendment referendum conducted in accordance with 1-203.03. b (1) This section shall not prohibit the Mayor, the Chairman and members of the Council, or the President and members of the State Board of Education from expressing their views on a District of Columbia election as part of their ocial duties. 2 This subsection shall not be construed to authorize any member of the sta of the Mayor, the Chairman and members of the Council, or the President and members of the State Board of Education, or any other employee of the executive or legislative branch to engage in any activity to support or oppose any candidate for elected oce, whether partisan or nonpartisan, an initiative, referendum, or recall measure during their hours of work, or the use of any nonpersonal services, including supplies, materials, equipment, oce space, facilities, telephones and other utilities, to support or oppose an initiative, referendum, or recall matter.
0.1.1080
Penalties.
a (1) Any person who violates any provision of parts A through E of this subchapter or of subchapter I of Chapter 10 of this title may be assessed a civil penalty by the Elections Board under paragraph (2) of this subsection of not more than $200, or 3 times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income, whichever is greater, for each such violation. Each occurrence of a violation of parts A through E of this subchapter and each day of noncompliance with a disclosure requirement of parts A through E of this subchapter or an order of the Elections Board shall constitute a separate oense. 2 A civil penalty shall be assessed by the Elections Board by order only after the person charged with a violation has been given an opportunity for a hearing, and the Elections Board has determined, by decision incorporating its ndings of facts, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be of record and shall be held in accordance with Chapter 5 of Title 2.
913
3 Notwithstanding the provisions of paragraph (2) of this subsection, the Elections Board may issue a schedule of nes for violations of parts A through E of this subchapter, which may be imposed ministerially by the Director of Campaign Finance. A civil penalty imposed under the authority of this paragraph may be reviewed by the Elections Board in accordance with the provisions of paragraph (2) of this subsection. The aggregate set of penalties imposed under the authority of this paragraph may not exceed $2,000. 4 If the person against whom a civil penalty is assessed fails to pay the penalty, the Elections Board shall le a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be forthwith sent by registered or certied mail to the respondent and his attorney of record, and if the respondent is a political, exploratory, inaugural, transition, or legal defense committee, to the chairman of the committee, and then the Elections Board shall certify and le in court the record upon which the order sought to be enforced was issued. The court shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modied, or setting aside, in whole or in part, the order and the decision of the Elections Board or it may remand the proceedings to the Elections Board for further action as it may direct. The court may determine de novo all issues of law, but the Election Boards ndings of fact, if supported by substantial evidence, shall be conclusive. b Except as provided in subsection (c) of this section, any person who violates any of the provisions of parts A through E of this subchapter shall be ned not more than $5,000, or shall be imprisoned for not longer than 6 months, or both. c Any person who knowingly les or causes to be led any false or misleading statement, report, voucher, or other paper, or makes any false or misleading statement to the Elections Board, shall be ned not more than $10,000, or shall be imprisoned for not longer than 5 years, or both. d Prosecutions of violations of parts A through E of this subchapter shall be brought by the United States Attorney for the District of Columbia in the name of the United States.
914
CONTENTS
e All actions of the Elections Board or of the United States Attorney for the District of Columbia to enforce the provisions of parts A, B, D, and E of this subchapter must be initiated within 6 years of the actual occurrence of the alleged violation.
0.1.1081
a
Partnership contributions.
A contribution by a partnership shall be attributed to each partner:
1 In direct proportion to his or her share of the partnership prots, according to instructions that shall be provided by the partnership to the political committee or candidate; or 2 By agreement of the partners, as long as: A Only the prots of the partners to whom the contribution is attributed are reduced (or losses increased); and B These partners prots are reduced (or losses increased) in proportion to the contribution attributed to each of them. b A contribution by a partnership shall not exceed the limitations on contributions pursuant to this part. No portion of such contribution may be made from the prots of a corporation that is a partner.
0.1.1082
Contribution limitations.
a No person shall make any contribution which, and no person shall receive any contribution from any person which, when aggregated with all other contributions received from that person relating to a campaign for nomination as a candidate or election to public oce, including both the primary and general election or special elections, exceeds: 1 In the case of a contribution in support of a candidate for Mayor or for the recall of the Mayor, $2,000; 2 In the case of a contribution in support of a candidate for Chairman of the Council or for the recall of the Chairman of the Council, $1,500;
915
3 In the case of a contribution in support of a candidate for member of the Council elected at-large or for the recall of a member of the Council elected at-large, $1,000; 4 In the case of a contribution in support of a candidate for member of the State Board of Education elected at-large or for member of the Council elected from a ward or for the recall of a member of the State Board of Education elected at-large or for the recall of a member of the Council elected from a ward, $500; 5 In the case of a contribution in support of a candidate for member of the State Board of Education elected from an election ward or for the recall of a member of the State Board of Education elected from an election ward or for an ocial of a political party, $200; and 6 In the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Commission, $25. b (1) No person shall make any contribution in any one election for Mayor, Chairman of the Council, each member of the Council, and each member of the State Board of Education (including primary and general elections, but excluding special elections), which when combined with all other contributions made by that person in that election to candidates and political committees exceeds $8,500. 2 All contributions to a candidates principal political committee shall be treated as contributions to the candidate and shall be subject to the contribution limitations contained in this section. c In no case shall any person receive or make any contribution in legal tender in an amount of $25 or more. d (1) No person shall make contributions to any one political committee in any one election, including primary and general elections, but excluding special elections, which, in the aggregate, exceeds $5,000. 2 For the purposes of this subsection, the term political committee does not include an individual.
916
CONTENTS
e No person shall make a contribution or cause a contribution to be made in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person. f Any expenditure made by any person advocating the election or defeat of any candidate for oce which is not made at the request or suggestion of the candidate, any agent of the candidate, or any political committee authorized by the candidate to make expenditures or receive contributions for the candidate is not considered a contribution to or an expenditure by or on behalf of the candidate for the purposes of the limitations specied in this section. g All contributions made by any person directly or indirectly to or for the benet of a particular candidate or that candidates political committee, which are in any way earmarked, encumbered, or otherwise directed through an intermediary or conduit to that candidate or political committee, shall be treated as contributions from that person to that candidate or political committee and shall be subject to the limitations established by this section. h (1) No candidate or member of the immediate family of a candidate may make a loan or advance from his or her personal funds for use in connection with a campaign of that candidate for nomination for election, or for election, to a public oce unless that loan or advance is evidenced by a written instrument fully disclosing the terms, conditions, and parts to the loan or advance. The amount of any loan or advance shall be included in computing and applying the limitations contained in this section only to the extent of the balance of the loan or advance that is unpaid at the time of determination. 2 For the purposes of this subsection, the term immediate family means the candidates spouse, parent, brother, sister, or child, and the spouse of a candidates parent, brother, sister, or child. i No contributions made to support or oppose initiative or referendum measures shall be aected by the provisions of this section.
0.1.1083
Formal requirements for reports and statements.
a A report or statement required by this part to be led by a treasurer of a legal defense committee shall be veried by the oath or armation of the
917
person ling the report or statement and by the individual to be benetted by the committee. b A copy of a report or statement shall be preserved by the person ling and by the individual to be benetted by the committee for a period to be designated by the Elections Board in a published regulation. c The Elections Board shall, by published regulations of general applicability, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. The regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in the regulations shall not be considered until actual payment is made. d Any legal defense committee which, after having led one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director. e All actions of the Elections Board or of the United States Attorney for the District of Columbia to enforce the provisions of this part must be initiated within 5 years of the discovery of the alleged violation of this part.
0.1.1084
Reports of receipts and expenditures by legal defense committees.
a The treasurer of each legal defense committee shall le with the Director of Campaign Finance, and with the applicable principal campaign committee, reports of receipts and expenditures on forms to be prescribed or approved by the Director of Campaign Finance. The reports shall be led within 30 days after the committees organization and every 30 days thereafter in each year. The reports shall be complete as of a date as prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of ling, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be led before the election shall be reported within 24 hours after its receipt.
918 b Each report under this section shall disclose:
CONTENTS
1 The amount of cash on hand at the beginning of the reporting period; 2 The full name and mailing address (including the occupation and the principal place of business, if any) of each person who has made one or more contributions to or for a committee within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of the contributions; 3 The total sum of individual contributions made to or for a committee or candidate during the reporting period and not reported under paragraph (2) of this subsection; 4 Each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans; 5 The total sum of all receipts by or for a committee during the reporting period; 6 The full name and mailing address (including the occupation and the principal place of business, if any) of each person to whom expenditures have been made by a committee or on behalf of a committee within the calendar year in an aggregate amount or value of $10 or more; 7 The total sum of expenditures made by a committee during the calendar year; 8 The amount and nature of debts and obligations owed by or to the committee, in a form as prescribed by the Director of Campaign Finance; and 9 Other information as may be required by the Director of Campaign Finance.
919
c The reports to be led under subsection (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the legal defense committee shall le a statement to that eect.
0.1.1085
Designation of legal defense depositories.
Each legal defense committee accepting contributions or making expenditures shall designate in the registration statement required under 1-1163.28, one or more banks located in the District of Columbia as the legal defense depository or depositories of that legal defense committee. Each committee shall maintain a checking account or accounts at the depository or depositories and shall deposit any contributions received by the committee into that account or accounts. No expenditures may be made by a committee except by check drawn payable to the person to whom the expenditure is being made on that account.
0.1.1086
Legal defense committeescontributions and expenditures.
a Each legal defense committee shall have a chairman and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a legal defense committee at a time when there is a vacancy in the oce of treasurer for the committee and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a legal defense committee without the authorization of its chairman or treasurer, or their designated agents. b Every person who receives a contribution of $50 or more for or on behalf of a legal defense committee shall, on demand of the treasurer, and in any event within 5 days after receipt of the contribution, submit to the treasurer of the committee a detailed account thereof, including the amount, the name and address (including the occupation and the principal place of business, if any) of the person making the contribution, and the date on which the contribution was received. All funds of a legal defense committee shall be segregated from, and may not be commingled with, any personal funds of ocers, members, or associates of such committee.
920
CONTENTS
c The treasurer of a legal defense committee, and each beneciary, shall keep a detailed and exact account of: 1 All contributions made to or for the legal defense committee; 2 The full name and mailing address (including the occupation and the principal place of business, if any) of every person making a contribution of $50 or more, and the date and amount of the contribution; 3 All expenditures made by or on behalf of the legal defense committee; and 4 The full name and mailing address (including the occupation and the principal place of business, if any) of every person to whom any expenditure is made, the date and amount thereof, and the name and address of, and oce sought by, each candidate on whose behalf such expenditure was made. d The treasurer or beneciary shall obtain and preserve such receipted bills and records as may be required by the Elections Board. e (1) No person shall make any contribution to or for a legal defense committee which, when aggregated with all other contributions to or for the legal defense committee received from the person, exceeds $10,000 in an aggregate amount; provided, that the $10,000 limitation shall not apply to contributions made by a public ocial for the purpose of funding his or her own legal defense committee within the District of Columbia. 2 No contributions to a legal defense committee shall be made by a lobbyist or registrant or by a person acting on behalf of the lobbyist or registrant. 3 A legal defense committee shall not accept a contribution from a lobbyist or registrant or by a person acting on behalf of the lobbyist or registrant.
0.1.1087
Legal defense committees organization.
a (1) One legal defense committee and one legal defense checking account shall be established and maintained for the purpose of soliciting, accepting, and spending legal defense funds, which funds may be spent to defray attorneys fees and other related costs for a public ocials legal defense to
921
one or more civil, criminal, or administrative proceedings. No committee, fund, entity, or trust may be established to defray professional fees and costs except pursuant to this section. 2 Attorneys fees and other related legal costs shall not include, for example, expenses for fundraising, media or political consulting fees, mass mailing or other advertising, or a payment or reimbursement for a ne, penalty, judgment or settlement, or a payment to return or disgorge contributions made to any other committee controlled by the candidate or ocer. b Each legal defense committee shall le with the Director of Campaign Finance a statement of organization within 10 days after its organization, which shall include: 1 The name and address of the legal defense committee; 2 The name, address, and position of the custodian of books and accounts; 3 The name, address, and position of other principal ocers; 4 The beneciary of the legal defense committee and checking account; 5 The name and address of the bank designated by the committee as the legal defense committee depository, together with the title and number of the checking account and safety deposit box used by that committee at the depository, and the identication of each individual authorized to make withdrawals or payments out of each such account or box; and 6 Other information as shall be required by the Director of Campaign Finance. c Any change in information previously submitted in a statement of organization shall be reported to the Director of Campaign Finance within the 10-day period following the change. d Any legal defense committee which, after having led one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director of Campaign Finance.
922
CONTENTS
e Any balance in the legal defense committee fund shall be transferred only to a nonprot organization, within the meaning of section 501(c) of the Internal Revenue Code, operating in good standing in the District of Columbia for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to 1-1163.38.
0.1.1088
Duration of a transition committee; restriction on formation.
a A transition committee shall terminate no later than 45 days from the beginning of the term of the new Mayor or Chairman, except that the transition committee may continue to accept contributions necessary to retire the debts of the committee. b Notwithstanding this part, no transition committee may be organized if an appropriation pursuant to 1-204.46 has been approved.
0.1.1089
Contributions to transition committees.
a No person shall make any contribution to or for a transition committee which, and the Mayor shall not receive any contribution to or for a transition committee from any person which, when aggregated with all other contributions to or for the transition committee received from the person, exceed $2,000 in an aggregate amount; provided, that the $2,000 limitation shall not apply to contributions made by the Mayor for the purpose of funding his or her own transition committee within the District of Columbia. b No person shall make any contribution to a transition committee which, and the Chairman of the Council shall not receive any contribution to a transition committee from any person which, when aggregated with all other contributions to the transition committee received from the person, exceeds $1,000 in an aggregate amount; provided, that the $1,000 limitation shall not apply to contributions made by the Chairman of the Council for the purpose of funding his or her own transition committee within the District of Columbia.
0.1.1090
Fund balance requirements for transition committees.
Any balance in the transition committee fund shall be transferred only to a nonprot organization within the meaning of section 501(c) of the Internal
923
Revenue Code, operating in good standing in the District of Columbia for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to 1-1163.38.
0.1.1091
Duration of an inaugural committee.
An inaugural committee shall terminate no later than 45 days from the beginning of the term of the new Mayor or Chairman, except that the inaugural committee may continue to accept contributions necessary to retire the debts of the committee.
0.1.1092
Fund balance requirements for inaugural committees.
Any balance in the inaugural committee fund shall be transferred only to a nonprot organization, within the meaning of section 501(c) of the Internal Revenue Code, operating in good standing in the District of Columbia for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to 1-1163.38.
0.1.1093
Contributions to inaugural committees.
No person shall make any contribution to or for an inaugural committee which, and the Mayor shall not receive any contribution to or for an inaugural committee from any person which, when aggregated with all other contributions to or for the inaugural committee received from such person, exceeds $10,000 in an aggregate amount; provided, that the $10,000 limitation shall not apply to contributions made by the Mayor for the purpose of funding his or her own inaugural committee within the District of Columbia.
0.1.1094
Duration of an exploratory committee.
The duration of an exploratory committee shall not exceed 18 months for any one oce. Once a candidates exploratory committee reaches the maximum duration of 18 months, the candidate shall le a declaration of candidacy and form a principal political campaign committee or terminate the exploratory committee.
924
CONTENTS
0.1.1095
Contributions to exploratory committees.
When an individual decides to run for oce and becomes a candidate, contributions received during the exploratory period shall apply to the campaign contribution limits for the candidate as provided under 1- 1163.33.
0.1.1096
Aggregate and individual contribution limits of exploratory committees.
a Exploratory committees shall not receive aggregate contributions in excess of: 1 $200,000 for a Mayoral exploratory committee; 2 $150,000 for a Chairman of the Council exploratory committee; 3 $100,000 for an at-large member of the Council exploratory committee; 4 $50,000 for a Ward Councilmember or President of the State Board of Education exploratory committee; and 5 $20,000 for a member of the State Board of Education exploratory committee. b Exploratory committees shall not receive individual contributions in excess of: 1 $2,000 for a Mayoral exploratory committee; 2 $1,500 for a Chairman of the Council exploratory committee; 3 $1,000 for an at-large member of the Council exploratory committee; 4 $500 for a Ward Councilmember or President of the State Board of Education exploratory committee; and 5 $200 for a member of the State Board of Education exploratory committee.
925
0.1.1097
Fund balance requirements of exploratory committees.
a Any balance in the exploratory committee fund shall be transferred only to an established principal campaign committee, political committee, or charitable organization in accordance with 47-1803.03(a)(8). b Exploratory committee fund balances shall not be deemed the personal funds of any individual, including the individual seeking elective oce.
0.1.1098
Specic requirements for reports of receipts and expenditures by political committees.
a Each report submitted to the Director of Campaign Finance pursuant to the requirements set forth in 1-1163.09 shall also disclose the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers. b In the case of reports led by a political committee on behalf of initiative, referendum, or recall measures under this section, the reports shall be led on the dates as the Elections Board may by rule prescribe, but in no event shall more than 4 separate reports be required during the consideration of a particular initiative, referendum, or recall measure by any political committee or committees collecting signatures, or supporting or opposing the measures.
0.1.1099
Candidates liability for nancial obligation incurred by a committee.
No provision of this part shall be construed as creating liability on the part of any candidate for any nancial obligation incurred by a committee. For the purposes of this part, and subchapter I of Chapter 10 of this title, actions of an agent acting for a candidate shall be imputed to the candidate; provided, that the actions of the agent may not be imputed to the candidate in the presence of a provision of law requiring a willful and knowing violation of this part or subchapter I of Chapter 10 of this title unless the agency relationship to engage in the act is shown by clear and convincing evidence.
926
CONTENTS
0.1.1100
Identication of campaign literature.
a All newspaper or magazine advertising, posters, circulars, billboards, handbills, bumper stickers, sample ballots, initiative, referendum, or recall petitions, and other printed matter with reference to or intended for the support or defeat of a candidate or group of candidates for nomination or election to any public oce, or for the support or defeat of any initiative, referendum, or recall measure, shall be identied by the words paid for by followed by the name and address of the payer or the committee or other person and its treasurer on whose behalf the material appears. b Each committee and candidate shall include on the face or front page of all literature and advertisement soliciting funds the following notice: A copy of our report is led with the Director of Campaign Finance of the District of Columbia Board of Elections..
0.1.1101
Exemption for total expenses under $500.
Except for the provisions of 1-1163.12(a), the provisions of this part shall not apply to any candidate who anticipates spending or spends less than $500 in any one election and who has not designated a principal campaign committee. On the 15th day before the date of the election in which the candidate is entered, and on the 30th day after the date of the election, the candidate shall certify to the Director of Campaign Finance that he or she has not spent more than $500 in the election.
0.1.1102
Reports by others than committees and candidates.
Every person (other than a committee or candidate) who makes contributions or expenditures, other than by contribution to a committee or candidate, in an aggregate amount of $50 or more within a calendar year shall le with the Director of Campaign Finance a statement containing the information required by 1-1163.09. Statements required by this section shall be led on the dates on which reports by committees are led, but need not be cumulative.
0.1.1103
Registration statement of candidate; depository information.
a Each individual shall, within 5 days of becoming a candidate, or within 5 days of the day on which he or she, or any person authorized by him or her
927
to do so, has received a contribution or made an expenditure in connection with his or her campaign or for the purposes of preparing to undertake his or her campaign, le with the Director of Campaign Finance a registration statement in a form prescribed by the Director of Campaign Finance. b In addition, candidates shall provide the Director of Campaign Finance the name and address of the campaign depository or depositories designated by that candidate, together with the title and number of each account and safety deposit box used by that candidate at the depository or depositories, and the identication of each individual authorized to make withdrawals or payments out of the account or box, and other information as shall be required by the Director of Campaign Finance.
0.1.1104
Specic requirements for statements of organization led by political committees.
In addition to the statement of organization set forth in 1-1163.07, each political committee shall also le the following information with the Director of Campaign Finance within 10 days after the political committees organization: 1 The names, addresses, and relationships of aliated or connected organizations; 2 The area, scope, or jurisdiction of the political committee; 3 The name, address, oce sought, and party aliation of: A Each candidate whom the committee is supporting; and
B Any other individual, if any, whom the committee is supporting for nomination for election or election, to any public oce whatever; or, if the committee is supporting the entire ticket of any party, the name of the party; or, if the committee is supporting or opposing any initiative or referendum, the summary statement and short title of the initiative or referendum, prepared in accordance with 1-1001.16 ; or, if the committee is supporting or opposing any recall measure, the name and oce of the public ocial whose recall is sought or opposed in accordance with 1-1001.17;
928
CONTENTS
4 A statement whether the political committee is a continuing one; and 5 The disposition of residual funds which will be made in the event of dissolution.
0.1.1105
Fund balance requirements of principal campaign committees.
Within the limitations specied in this subchapter, any surplus, residual, or unexpended campaign funds received by or on behalf of an individual who seeks nomination for election, or election to oce, shall be: 1 Contributed to a political party for political purposes; 2 Used to retire the proper debts of his or her political committee that received the funds; 3 Transferred to a political committee, a charitable organization in accordance with 47-1803.03(a)(8), or, in the case of an elected ocial, an established constituent services fund; or 4 Returned to the donors as follows: A In the case of an individual defeated in an election, within 6 months following the election; B In the case of an individual elected to oce, within 6 months following the election; and C In the case of an individual ceasing to be a candidate, within 6 months thereafter.
0.1.1106
Principal campaign committee.
a Each candidate for oce shall designate in writing one political committee as his or her principal campaign committee. The principal campaign committee shall receive all reports made by any other political committee accepting contributions or making expenditures for the purpose of inuencing the nomination for election, or election, of the candidate who designated
929
it as his or her principal campaign committee. The principal campaign committee may require additional reports to be made to it by any political committee and may designate the time and number of all reports. No political committee may be designated as the principal campaign committee of more than one candidate, except a principal campaign committee supporting the nomination or election of a candidate as an ocial of a political party may support the nomination or election of more than one candidate, but may not support the nomination or election of a candidate for any public oce. b Each statement (including the statement of organization required under 1-1163.07) or report that a political committee is required to le with or furnish to the Director of Campaign Finance under the provisions of this part shall also be furnished, if that political committee is not a principal campaign committee, to the principal campaign committee for the candidate on whose behalf that political committee is accepting or making, or intends to accept or make, contributions or expenditures. c The treasurer of each political committee which is a principal campaign committee, and each candidate, shall receive all reports and statements led with or furnished to it or him or her by other political committees, consolidate, and furnish the reports and statements to the Director of Campaign Finance, together with the reports and statements of the principal campaign committee of which he or she is treasurer or which was designated by him or her, in accordance with the provisions of this part and regulations prescribed by the Elections Board.
0.1.1107
Reporting.
a The following individuals shall le with the Director of Campaign Finance, and with the principal campaign committee, if applicable, reports of receipts and expenditures on forms to be prescribed or approved by the Director of Campaign Finance: 1 The treasurer of each political committee supporting a candidate; 2 The treasurer of each political committee engaged in obtaining signatures on any initiative, referendum, or recall petition, or engaged in promoting or opposing the ratication of any initiative, referendum, or recall measure
930
CONTENTS
placed before the electors of the District of Columbia, and each candidate required to register under this subchapter; and 3 The treasurer of each exploratory, inaugural, and transition committee. b The reports shall be led on the 10th day of March, June, August, October, and December in the 7 months preceding the date on which, and in each year during which, an election is held for the oce sought, and on the 8th day next preceding the date on which the election is held, and also by the 31st day of January of each year. In addition, the reports shall be led on the 31st day of July of each year in which there is no election. The reports shall be complete as of the date prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of ling, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be led before the election shall be reported within 24 hours after its receipt. c Each report under this section shall disclose:
1 The amount of cash on hand at the beginning of the reporting period; 2 The full name and mailing address, including the occupation and the principal place of business, if any, of each person who has made one or more contributions to or for a committee or candidate, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of the contributions; 3 The total sum of individual contributions made to or for a committee or candidate during the reporting period and not reported under paragraph (2) of this subsection; 4 Each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans; and
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 5 The net amount of proceeds from:
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A The sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by a committee; B Mass collections made at the events; and C Sales by a committee of items such as political campaign pins, buttons, badges, ags, emblems, hats, banners, literature, and similar materials; 6 Each contribution, rebate, refund, or other receipt of $50 or more not otherwise listed under paragraphs (2) through (5) of this subsection; 7 The total sum of all receipts by or for a committee or candidate during the reporting period; 8 The full name and mailing address (including the occupation and the principal place of business, if any) of each person to whom expenditures have been made by a committee or on behalf of a committee or candidate within the calendar year in an aggregate amount or value of $10 or more, the amount, date, and purpose of each expenditure, and the name and address of, and oce sought by, each candidate on whose behalf the expenditure was made; 9 The total sum of expenditures made by a committee or candidate during the calendar year; 10 The amount and nature of debts and obligations owed by or to the committee, in a form as the Director of Campaign Finance may prescribe, and a continuous reporting of its debts and obligations after the election when the Director of Campaign Finance may require until the debts and obligations are extinguished; and 11 Other information as may be required by the Director of Campaign Finance.
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CONTENTS
d The reports to be led under subsection (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during the year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the committee or candidate shall le a statement to that eect. e (1) A report or statement required by this part to be led by a treasurer of a committee, a candidate, or by any other person, shall be veried by the oath or armation of the person ling the report or statement. 2 A copy of a report or statement shall be preserved by the person ling it for a period to be designated by the Elections Board in a published regulation. 3 The Elections Board shall, by published regulations of general applicability, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. The regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in the regulations shall not be considered until actual payment is made.
0.1.1108
Designation of campaign depositories; petty cash fund.
a Each committee and each candidate accepting contributions or making expenditures, shall designate in the registration statement required under 1-1163.07 or 1-1163.12, one or more national banks located in the District of Columbia as the depository or depositories of that committee or candidate. Each committee or candidate shall maintain a checking account or accounts at such depository or depositories and shall deposit any contributions received by the committee or candidate into that account or accounts. No expenditures may be made by a committee or candidate except by check drawn payable to the person to whom the expenditure is being made on that account or accounts, other than petty cash expenditures as provided in subsection (b) of this section. b A committee or candidate may maintain a petty cash fund out of which may be made expenditures not in excess of $50 to any person in connection
933
with a single purchase or transaction. A record of petty cash receipts and disbursements shall be kept in accordance with requirements established by the Elections Board, and statements and reports of expenditures shall be furnished to the Director of Campaign Finance as it may require.
0.1.1109
Organization of committees.
Political, exploratory, transition, and inaugural committees, which are established pursuant to this part, shall be subject to the following requirements: 1 Each committee shall le with the Director of Campaign Finance a statement of organization within 10 days after its organization. The statement of organization shall include: A The name and address of the committee;
B The name, address, and position of the custodian of books and accounts; C The name, address, and position of other principal ocers, including ocers and members of the nance committee, if any; D The name and address of the bank or banks designated by the committee as the committees depository or depositories, together with the subchapter and number of each account and safety deposit box used by that committee at the depository or depositories, and the identication of each individual authorized to make withdrawals or payments out of each account or box; and E Other information as shall be required by the Director of Campaign Finance. 2 Any change in information previously submitted in a statement of organization shall be reported to the Director of Campaign Finance within the 10-day period following the change.
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CONTENTS
3 Any committee which, after having led one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director of Campaign Finance. 4 Every committee shall have a chairman and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a committee at a time when there is a vacancy in the oce of treasurer for the committee and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a committee without the authorization of its chairman or treasurer, or their designated agents. 5 (A) For every contribution and expenditure of $50 or more for or on behalf of a committee, a detailed account shall be submitted to the treasurer of a committee on demand, or within 5 days after receipt of the contribution or expenditure, of the amount, the name and address (including the occupation and the principal place of business, if any) of the contributor or the individual to whom the expenditure was made, and the date of the contribution or expenditure. For an expenditure, the account should also include the oce sought by the candidate on whose behalf the expenditure was made. B The treasurer or candidate shall obtain and preserve receipted bills and records as may be required by the Elections Board. 6 All funds of a committee shall be segregated from, and may not be commingled with, any personal funds of ocers, members, or associates of the committee.
0.1.1110
Advisory opinions.
a Upon application made by any individual holding public oce, any candidate, any person who may be a potential registrant under this subchapter, or any political, exploratory, inaugural, transition, or legal defense committee, the Elections Board shall provide within a reasonable period of time an advisory opinion with respect to any specic transaction or activity inquired of, as to whether such transaction or activity would constitute a violation of any provision of this subchapter or of any provision of subchapter I of
935
Chapter 10 of this title over which the Elections Board has primary jurisdiction. The Elections Board shall publish a concise statement of each request for an advisory opinion, without identifying the person seeking the opinion, in the District of Columbia Register within 20 days of its receipt by the Elections Board. Comments upon the requested opinions shall be received by the Elections Board for a period of at least 15 days following publication in the District of Columbia Register. The Elections Board may waive the advance notice and public comment provisions, following a nding that the issuance of the advisory opinion constitutes an emergency necessary for the immediate preservation of the public peace, health, safety, welfare, or morals. b Advisory opinions shall be published in the District of Columbia Register within 30 days of their issuance; provided, that the identity of any person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without his or her prior consent in writing. When issued according to rules of the Elections Board, an advisory opinion shall be deemed to be an order of the Elections Board.
0.1.1111
District of Columbia Board of Elections created.
On or after April 27, 2012, the District of Columbia Board of Elections and Ethics established under subchapter I of Chapter 10 of this title shall be known as the District of Columbia Board of Elections and shall have the powers, duties, and functions as provided in that subchapter, in any other law in eect on the date immediately preceding April 27, 2012, and in this subchapter. Any reference in any law or regulation to the District of Columbia Board of Elections and Ethics shall, on and after April 27, 2012, be deemed to refer to the District of Columbia Board of Elections.
0.1.1112
Duties of Director of Campaign Finance.
The Director of Campaign Finance shall: 1 Develop and furnish prescribed forms, materials, and electronic formats or mediums, including electronic or digital signatures, for the making of the reports and statements required to be led with him or her pursuant to this subchapter;
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CONTENTS
2 Develop a ling, coding, and cross-indexing system consonant with the purposes of this subchapter; 3 Make the reports and statements led with him or her available for public inspection and copying, commencing as soon as practicable, but not later than the end of the 2nd day following the day during which it was received, and to permit and facilitate copying of any report or statement by hand and by duplicating machine, as requested by any person, at reasonable cost to the person, except any information copied from the reports and statements shall not be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose; 4 Preserve reports and statements for a period of 10 years from date of receipt; 5 Compile and maintain a current list of all statements or parts of statements on le pertaining to each candidate; 6 Prepare and publish other reports as he or she may consider appropriate; 7 Assure dissemination of statistics, summaries, and reports prepared under this subchapter, including a biennial report summarizing the receipts and expenditures of candidates for public oce in the prior 2-year period, and the receipts and expenditures of political, exploratory, inaugural, transition, and legal defense committees during the prior 2-year period. The Director of Campaign Finance shall make available to the Mayor, Council, and the general public the rst report by January 31, 2013, and shall present the summary report on the same date every 2 years thereafter. The report shall describe the receipts and expenditures of candidates for Mayor, the Chairman and members of the Council, the President and members of the State Board of Education, shadow Senator, and shadow Representative, but shall exclude candidates for Advisory Neighborhood Commissioner. The report shall provide, at a minimum, the following data, as well as other information that the Director of Campaign Finance considers appropriate: A A summary of each candidates receipts, in dollar amount and percentage terms, by donor categories that the Director of Campaign Finance considers appropriate, such as the candidate himself or herself, individuals,
937
political party committees, other political committees, corporations, partnerships, and labor organizations; B A summary of each candidates receipts, in dollar amount and percentage terms, by the size of the donation, including donations of $500 or more; donations of $250 or more but less than $500; donations of $100 or more but less than $250; and donations of less than $100; C The total amount of a candidates receipts and expenditures for primary and general elections, respectively, when applicable; D A summary of each candidates expenditures, in dollar amount and percentage terms, by operating expenditures, transfers to other authorized committees, loan repayments, and refunds of contributions; and E A summary of the receipts and expenditures of political, exploratory, inaugural, transition, and legal defense committees, using categories considered appropriate by the Director of Campaign Finance; 8 Make audits and eld investigations with respect to reports and statements led under this subchapter, and with respect to alleged failures to le any report or statement required under the provisions of this subchapter; and 9 Perform such other duties as the Elections Board may require.
0.1.1113
Powers of Director of Campaign Finance.
a (1) The Director of Campaign Finance, under regulations of general applicability approved by the Elections Board, shall have the power: A To require any person to submit in writing reports and answers to questions as the Director of Campaign Finance may prescribe relating to the administration and enforcement of this subchapter; and the submission shall be made within such reasonable period and under oath or otherwise as the Director of Campaign Finance may determine;
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CONTENTS
B To require any person to submit through an electronic format or medium the reports required in this subchapter. The Elections Board shall issue regulations governing the submission of reports, pursuant to this subparagraph, through a standardized electronic format or medium; C To administer oaths; D To require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; E In any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Director of Campaign Finance and has the power to administer oaths and, in these instances, to compel testimony and the production of evidence in the same manner as authorized under subparagraph (D) of this paragraph; F To pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia; G To accept gifts; and H To institute or conduct, on his or her own motion, an informal hearing on alleged violations of the reporting requirements contained in this subchapter. Where the Director of Campaign Finance, in his or her discretion, determines that a violation has occurred, the Director of Campaign Finance may issue an order to the oending party or parties to cease and desist the violations within the 5-day period immediately following the issuance of the order. Should the oending party or parties fail to comply with the order, the Director of Campaign Finance shall present evidence of the failure to the Elections Board. Following the presentation of evidence to the Elections Board by the Director of Campaign Finance, in an adversary proceeding and an open hearing, the Elections Board may refer the matter to the United States Attorney for the District of Columbia in accordance with the provisions in 1- 1163.02(c) or may dismiss the action. 2 Subpoenas issued under this section shall be issued by the Director of Campaign Finance upon the approval of the Elections Board.
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b The Superior Court of the District of Columbia may, upon petition by the Elections Board, in case of refusal to obey a subpoena or order of the Elections Board issued under subsection (a) of this section, issue an order requiring compliance; and any failure to obey the order of the court may be punished by the court as contempt. c All investigations of alleged violations of this subchapter shall be made by the Director of Campaign Finance in his or her discretion, in accordance with procedures of general applicability issued by the Director of Campaign Finance in accordance with Chapter 5 of Title 2. All allegations of violations of this subchapter, which shall be presented to the Elections Board, in writing, shall be transmitted to the Director of Campaign Finance without action by the Elections Board. In a reasonable time, the Director of Campaign Finance shall cause evidence concerning the alleged violation to be presented to the Elections Board, if he or she believes that sucient evidence exists constituting an apparent violation. Following the presentation of evidence to the Elections Board by the Director of Campaign Finance, in an adversary proceeding and an open hearing, the Elections Board may refer the matter to the United States Attorney for the District of Columbia in accordance with the provisions of 1-1163.02(c), or may dismiss the action. In no case may the Elections Board refer information concerning an alleged violation of this subchapter to the United States Attorney for the District of Columbia without the presentation of evidence herein provided by the Director of Campaign Finance. Should the Director of Campaign Finance fail to present a matter or advise the Elections Board that insucient evidence exists to present a matter, or that an additional period of time is needed to investigate the matter further, within 90 days of its receipt by the Elections Board or the Director of Campaign Finance, the Elections Board may order the Director of Campaign Finance to present the matter as herein provided. The provisions of this subsection shall in no manner limit the authority of the United States Attorney for the District of Columbia.
0.1.1114
Oce of Director of Campaign Finance established; enforcement of subchapter.
a There is established within the Elections Board the Oce of Campaign Finance, which shall be headed by the Director of Campaign Finance. The Elections Board shall appoint the Director of Campaign Finance, who shall serve at the pleasure of the Elections Board. The Director of Campaign Finance shall be entitled to receive compensation at the maximum rate for
940
CONTENTS
Grade 16 of the District Schedule, pursuant to subchapter XI of Chapter 6 of this title. The Director of Campaign Finance shall be responsible for the administrative operations of the Elections Board pertaining to this subchapter and shall perform other duties as may be delegated or assigned by regulation or by order of the Elections Board; provided, that the Elections Board shall not delegate to the Director of Campaign Finance the making of regulations regarding elections. b (1) The Elections Board may issue, amend, and rescind rules and regulations related to the operation of the Director of Campaign Finance, absent recommendation of the Director of Campaign Finance. 2 The Elections Board shall prepare an annual report of the Director of Campaign Finances performance pursuant to his or her functions as prescribed 1-1163.04, in addition to those duties the Elections Board may by law assign. c Where the Elections Board, following the presentation by the Director of Campaign Finance of evidence constituting an apparent violation of this subchapter, makes a nding of an apparent violation of this subchapter, it shall refer the case to the United States Attorney for the District of Columbia for prosecution, and shall make public the fact of such referral and the basis for the nding. In addition, the Elections Board, through its General Counsel, shall initiate, maintain, defend, or appeal any civil action (in the name of the Elections Board) relating to the enforcement of the provisions of this subchapter. The Elections Board may, through its General Counsel, petition the courts of the District of Columbia for declaratory or injunctive relief concerning any action covered by the provisions of this subchapter. The Director of Campaign Finance shall have no authority concerning the enforcement of provisions of subchapter I of Chapter 10 of this title, and recommendations of criminal or civil, or both, violations under subchapter I of Chapter 10 of this title shall be presented by the General Counsel to the Elections Board in accordance with the rules and regulations of general application adopted by the Elections Board in accordance with the provisions of Chapter 5 of Title 2. Upon the direction of the Elections Board, the Director of Campaign Finance may be called upon to investigate allegations of violations of the elections laws in accord with the provisions of this subsection.
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0.1.1115
Short title.
This subchapter may be cited as the Campaign Finance Act of 2011.
0.1.1116
Penalties; prohibition from serving as lobbyist; citizen suits.
a Notwithstanding 1-1162.21 and except as provided in subsection (c) of this section, any person who willfully and knowingly violates any of the provisions of this part shall be ned not more than $5,000, or imprisoned for not more than 12 months, or both. b In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specied in that section may be prohibited from serving as a lobbyist for a period of 3 years from the date of the conviction. c Any person who les a report or registration form required under this part in an untimely manner shall be assessed a civil penalty of $10 per day up to 30 days (excluding Saturdays, Sundays, and holidays) that the report or registration form is late. The Ethics Board may waive the penalty imposed under this subsection for good cause shown. d Should any provision of this subchapter not be enforced by the Ethics Board, a citizen of the District of Columbia may bring suit in the nature of mandamus in the Superior Court of the District of Columbia, directing the Ethics Board to enforce the provisions of this part. Reasonable attorneys fees may be awarded to the citizen against the District should he or she prevail in this action, or if it is settled in substantial conformity with the relief sought in the petition prior to order by the court.
0.1.1117
Prohibited activities.
a No registrant or anyone acting on behalf of a registrant shall oer, give, or cause to be given a gift or service to an ocial in the legislative or executive branch or a member of his or her sta that exceeds $100 in value in the aggregate in any calendar year. This section shall not be construed to restrict in any manner contributions authorized in 1-1163.33, 1- 1163.34, and 1-1163.38.
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CONTENTS
b No ocial in the legislative or executive branch or a member of his or her sta shall solicit or accept anything of value in violation of subsection (a) of this section. c No person shall knowingly or willfully make or cause to be made any false or misleading statement or misrepresentation of the facts relating to pending administrative decisions or legislative actions to any ocial in the legislative or executive branch; d No person shall, knowing a document to contain a false statement relating to pending administrative decisions or legislative actions, cause a copy of the document to be transmitted to an ocial in the legislative or executive branch without notifying the ocial in writing of the truth. e No information copied from registration forms and activity reports required by this part or from lists compiled from such forms and reports shall be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising aair or for any commercial purpose. f No public ocial shall be employed as a lobbyist while acting as a public ocial, except as provided in 1-1162.28. g (1) No lobbyist or registrant or person acting on behalf of the lobbyist or registrant, shall provide legal representation, or other professional services, to an ocial in the legislative or executive branch, or to a member of his or her sta, at no cost or at a rate that is less than the lobbyist or registrant would routinely bill for the representation or service in the marketplace. 2 Notwithstanding paragraph (1) of this section, a nonprot organization that routinely provides legal representation or other services to clients at no cost may provide such representation or services to such client when doing so serves the purposes for which such services are routinely provided, and the representation and services are not provided by a lobbyist or registrant.
0.1.1118
Activity reports.
a Each registrant shall le with the Director of Government Ethics between the 1st and 10th day of July and January of each year a report signed under
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oath concerning the registrants lobbying activities during the previous 6month period. If the registrant is not an individual, an authorized ocer or agent of the registrant shall sign the form. A registrant shall le a separate activity report for each person from whom he or she receives compensation. The reports shall be public documents and shall be on a form prescribed by the Director of Government Ethics and shall include the following: 1 A complete and current statement of the information required to be supplied pursuant to 1-1162.29; 2 (A) Total expenditures on lobbying broken down into the following categories: i ii iii iv v Oce expenses; Advertising and publications; Compensation to others; Personal sustenance, lodging, and travel, if compensated; Other expenses;
B Each expenditure of $50 or more shall also be itemized by the date, name, and address of the recipient, and the amount and purpose of the expenditure; 3 Each political expenditure, loan, gift, honorarium, or contribution of $50 or more made by the registrant or anyone acting on behalf of the registrant to benet an ocial in the legislative or executive branch, a member of his or her sta or household, or a campaign or testimonial committee established for the benet of the ocial, be itemized by date, beneciary, amount, and circumstances of the transaction; including the aggregate of all expenditures that are less than $50;
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CONTENTS
4 Each ocial in the executive or legislative branch and any member of the ocials sta, including personal and committee sta, who has a business relationship or a professional services relationship with the registrant shall be identied by name and the nature of the business relationship with the registrant; 5 Each ocial in the executive or legislative branch with whom the registrant has had written or oral communications during the reporting periods related to lobbying activities conducted by the registrant shall also be included in the report, identifying the ocial with whom the communication was made; and 6 Each person whom the registrant has given compensation to lobby on his or her behalf shall also be listed in the report. b Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the activity reports required to be made pursuant to this section for 5 years from the date of ling of the report containing these items. These materials shall be made available for inspection upon requests by the Director of Government Ethics after reasonable notice. c Each registrant who does not le a report required by this section for a given period is presumed not to be receiving or expending funds that are required to be reported under this part.
0.1.1119
Registration form.
a Each registrant shall le a registration form with the Director of Government Ethics, signed under oath, on or before January 15th of each year, or no later than 15 days after becoming a lobbyist (and on or before January 15th of each year thereafter). If the registrant is not an individual, an authorized ocer or agent of the registrant shall sign the form. A registrant shall le a separate registration form for each person from whom he or she receives compensation. b (1) The registration shall be on a form prescribed by the Director of Government Ethics and shall include:
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A The registrants name, permanent address, and temporary address while lobbying; B The name and address of each person who will lobby on the registrants behalf; C The name, address, and nature of the business of any person who compensates the registrant and the terms of the compensation; and D The identication, by formal designation, if known, of matters on which the registrant expects to lobby. 2 The Director of Government Ethics shall publish in the District of Columbia Register on or before February 15th and on or before August 15th of each year a summary of all information required to be submitted under this subsection. c No later than 10 days after a registrant les a registration form with the Director of Government Ethics, the Director of Government Ethics shall publish on the Ethics Boards website a summary of all information required to be submitted under this section.
0.1.1120
Exceptions.
a A person need not register with the Director pursuant to 1-1162.29 if the person is: 1 A public ocial, or an employee of the United States acting in his or her ocial capacity; 2 A publisher or working member of the press, radio, or television who, in the ordinary course of business, disseminates news or editorial comment to the general public; 3 A candidate, member, or member-elect of an Advisory Neighborhood Commission; or
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CONTENTS
4 An entity specied in 47-1802.01(4), whose activities do not consist of lobbying, the result of which shall inure to the nancial gain or benet of the entity. b Any person who is exempt from registration under any provision of this section, except a person exempt from registration under the provisions of subsection (a)(1) of this section, may be a registrant for other purposes under this part; provided, that no activity engaged in by the person shall constitute a conict of interest under the provisions of 1-1162.23. Registrants have no obligation to report activities in furtherance of exempt activities under this section in activity reports required under 1- 1162.30.
0.1.1121
Persons required to register.
a Except as provided in 1-1162.28, a person shall register with the Director of Government Ethics pursuant to 1-1162.29 and pay the required registration fee if the person receives compensation or expends funds in an amount of $250 or more in any 3-consecutive-calendar-month period for lobbying. A person who receives compensation from more than one source shall register under this section if the person receives an aggregate amount of $250 or more in any 3-consecutive-calendar-month period for lobbying. Failure to register as required by this section shall result in a civil penalty. b (1) Except as provided in paragraph (2) of this subsection, the registration fee for lobbyists shall be $250. 2 The registration fee for lobbyists who lobby solely for nonprot organizations shall be $50. c (1) There is established as a nonlapsing fund the Lobbyist Administration and Enforcement Fund (Lobbyist Fund), which shall be administered by the Ethics Board. The funds in the Lobbyist Fund shall be used by the Ethics Board solely for the purpose of administering and enforcing this subchapter. 2 All fees collected under subsection (b) of this section by the Ethics Board shall be deposited into the Lobbyist Fund. All funds deposited into the Lobbyist Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia
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at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (1) of this subsection without regard to scal year limitation, subject to authorization by Congress.
0.1.1122
Limitations on honoraria and royalties.
a Except as provided in subsections (b) and (c) of this section, neither the Mayor, the Attorney General, the Chairman of the Council, nor any member of the Council or of the State Board of Education, nor any member of his or her immediate family, shall receive honoraria exceeding $10,000 in the aggregate during any calendar year. For the purposes of this subsection, the term honorarium means payment of money or anything of value for an appearance, speech, or article; provided, that a reimbursement for or payment of actual and necessary travel expenses incurred shall not be considered honoraria. For the purposes of computing the $10,000 limit on honoraria established under this subsection, an honorarium shall be considered received in the year in which the right to receive the honorarium accrues. b Except as provided in subsection (c) of this section, neither the Mayor, the Chairman of the Council, nor any member of the Mayors or of the Chairman of the Councils immediate family shall accept royalties for works of the Mayor or of the Chairman of the Council that exceed $10,000 in the aggregate during any calendar year. For the purposes of computing the limit on royalties established under this subsection, a royalty shall be considered received during the calendar year in which the right to receive the royalty accrues. c For the purposes of this section, any royalty or part of a royalty, or any honorarium or part of an honorarium paid to a charitable organization by or on behalf of a public ocial shall not be calculated as part of an aggregate total.
0.1.1123
Condential disclosure of nancial interest.
a Any employee, other than a public ocial, who advises, makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, policy-making, regulating, or auditing, or acts in areas
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CONTENTS
of responsibility that may create a conict of interest or appearance of a conict of interest, as determined by the appropriate agency head, shall le, before October 2nd of each year, with that agency head a report containing a full and complete statement of the information required by 1-1162.24. Advisory Neighborhood Commissioners shall le the report required by this section. b Upon review of the condential report, any violation of the Code of Conduct found by the agency head shall be forwarded immediately to the Ethics Board for review. c On or before September 1st of each year, each agency head shall designate the persons in the agency required to submit a condential report by name, position, and grade level, and shall supply this list to the Ethics Board and the D.C. Ethics Counselor on or before September 15th of each year.
0.1.1124
Public reporting.
a (1) Public ocials, except Advisory Neighborhood Commissioners, shall le annually with the Ethics Board a public report containing a full and complete statement of: A The name of each business entity, including sole proprietorships, partnerships, trusts, nonprot organizations, and corporations, whether or not transacting any business with the District of Columbia government, in or from which the public ocial or his or her spouse, domestic partner, or dependent children: i Has a benecial interest, including, whether held in such persons own name, in trust, or in the name of a nominee, securities, stocks, stock options, bonds, or trusts, exceeding in the aggregate $1,000, or that produced income of $200; ii Receives honoraria and income earned for services rendered in excess of $200 during a calendar year, as well as the identity of any client for whom the ocial performed a service in connection with the ocials outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct nancial benet from legislation that was pending before the Council during the calendar year. The report required
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by this part shall include a narrative description of the nature of the service performed in connection with the ocials outside income; iii Serves as an ocer, director, partner, employee, consultant, contractor, volunteer, or in any other formal capacity or aliation; or iv Has an agreement or arrangement for a leave of absence, future employment, including date of agreement, or continuation of payment by a former employer; B Any outstanding individual liability in excess of $1,000 for borrowing by the public ocial or his or her spouse, domestic partner, or dependent children from anyone other than a federal or state insured or regulated nancial institution, including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts, or a member of the persons immediate family; C All real property located in the District (and its actual location) in which the public ocial or his or her spouse, domestic partner, or dependent children, has an interest with a fair market value in excess of $1,000, or that produced income of $200; provided, that this provision shall not apply to personal residences occupied by the public ocial, his or her spouse, or domestic partner; D All professional or occupational licenses issued by the District of Columbia government held by a public ocial or his or her spouse, domestic partner, or dependent children; E All gifts received year by a public ocial from a prohibited source in an aggregate value of $100 in a calendar; F An adavit stating that the public ocial has not caused title to property to be placed in another person or entity for the purposes of avoiding the disclosure requirements of this subsection; and G A certication that the public ocial has: i Filed and paid his or her income and property taxes;
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CONTENTS Diligently safeguarded the assets of the taxpayers and the District;
iii Reported known illegal activity, including attempted bribes, to the appropriate authorities; iv Not been oered or accepted any bribes;
v Not directly or indirectly received government funds through illegal or improper means; vi Not raised or received funds in violation of federal or District law; and
vii Not received or been given anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that the public ocials ocial actions or judgment or vote would be inuenced. 2 The Ethics Board may, on a case-by-case basis, exempt a public ocial from this requirement or some portion of this requirement for good cause shown. b Except as otherwise provided by this section, all papers led under this section shall be kept by the Ethics Board in the custody of the Director of Government Ethics for no less than 6 years. The Ethics Board shall publicly disclose before the 2nd day of June each year the names of the candidates, ocers, and employees who have led a report. The Director of Government Ethics shall dispose of papers led pursuant to this section in accordance with Chapter 17 of Title 2. c Reports required by this section shall be led before October 2nd of each year. If a public ocial ceases before October 1st to hold the oce or position, the occupancy of which imposes upon him or her the reporting requirements set forth in subsection (a) of this section, the public ocial shall le the report within 3 months after leaving the oce or position. The Ethics Board shall publish, in the District of Columbia Register, before November 2nd each year, the name of each public ocial who has: 1 Filed a report under this section;
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2 Sought and received an extension of the deadline ling requirement and the reason for the extension; and 3 Not led a report and the reason for not ling, if known. d Reports required by this section shall be in a form prescribed by the Ethics Board. The Ethics Board may provide for the grouping of items of income, sources of income, assets, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities, or purchases and sales of rental property of any individual. e All reports led under this section shall be maintained by the Ethics Board as public records. f For the purposes of a report required by this section, a person shall be considered to have been a public ocial if he or she has served as a public ocial for more than 30 days during any calendar year in a position for which reports are required under this section. g The Ethics Board shall provide for the annual auditing of all reports led pursuant to this section. h The Mayor shall develop a list of each business entity transacting any business with the District government, or providing a service to the District for consideration, to include the business name, address, principals, and brief summary of the business transacted within the immediately preceding 6 months. The list shall be available online and published on January 1st and July 1st annually.
0.1.1125
Conicts of interest.
a No employee shall use his or her ocial position or title, or personally and substantially participate, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other
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CONTENTS
particular matter, or attempt to inuence the outcome of a particular matter, in a manner that the employee knows is likely to have a direct and predictable eect on the employees nancial interests or the nancial interests of a person closely aliated with the employee. b An employee other than an elected ocial may seek a waiver, and the prohibition in subsection (a) of this section shall not apply, if the employee: 1 Advises the employees supervisor and the Ethics Board of the nature and circumstances of the particular matter; 2 Makes full disclosure of the nancial interest; and 3 Receives in advance a written determination made by both the supervisor and the Ethics Board that: A The interest is not so substantial as to be deemed likely to aect the integrity of the services that the government may expect from the employee; or B Another legally cognizable basis for waiver exists. c (1) Any elected ocial who, in the discharge of the elected ocials ocial duties, would be required to act in any matter prohibited under subsection (a) of this section shall make full disclosure of the nancial interest, prepare a written statement describing the matter and the nature of the potential conict of interest, and deliver the statement to: A In the case of a member of the Council, the Council Chairman; or
B In the case of an elected ocial other than a member of the Council, the Ethics Board. 2 Any employee other than an elected ocial who, in the discharge of the employees ocial duties, would be required to act in any matter prohibited under subsection (a) of this section shall: A Make full disclosure of the nancial interest:
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B Prepare a written statement describing the matter and the nature of the potential conict of interest; and C Deliver the statement to the employees supervisor and to the Ethics Board. 3 During a proceeding in which an elected ocial would be required to take action in any matter that is prohibited under subsection (a) of this section, the Chairman shall: A Read the statement provided in paragraph (1) of this subsection into the record of proceedings; and B Excuse the elected ocial from votes, deliberations, and other actions on the matter. 4 No Councilmember excused from votes, deliberations, or other actions on a matter shall in any way participate in or attempt to inuence the outcome of the particular matter, in a manner that is likely to have a direct and predictable eect on the employees nancial interests or the nancial interests of a person closely aliated with the employee. 5 Upon receipt of the statement provided in paragraph (2) of this subsection, the employees supervisor shall assign the matter to another employee who does not have a potential conict of interest. d (1) An employee shall not receive any compensation, salary, or contribution to salary, gratuity, or any other thing of value from a source other than the District government for the employees performance of ocial duties. 2 No employee or member of the employees household may knowingly acquire: A Stocks, bonds, commodities, real estate, or other property, whether held individually or jointly, the acquisition of which could unduly inuence or give the appearance of unduly inuencing the employee in the conduct of his or her ocial duties and responsibilities; or
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CONTENTS
B An interest in a business or commercial enterprise that is related directly to the employees ocial duties, or which might otherwise be involved in an ocial action taken or recommended by the employee, or which is related to matters over which the employee could wield any inuence, ocial or otherwise.
0.1.1126
Additional penalties for public ocials.
a In addition to the penalties set forth in 1-1162.21, the Ethics Board may censure a public ocial for a violation of the Code of Conduct that the Ethics Board nds to substantially threaten the public trust. b The Ethics Board may recommend in such censure that the Council suspend or remove a Councilmembers committee chairmanship, if any, committee membership, if any, or vote in any committee.
0.1.1127
Penalties.
a (1) In accordance with paragraph (2) of this subsection and except as provided in subsection (b) of this section, the Ethics Board may assess a civil penalty for a violation of the Code of Conduct of not more than $5,000 per violation, or 3 times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income for each violation. Each occurrence of a violation of this subchapter and each day of noncompliance with a requirement of this subchapter or an order of the Ethics Board shall constitute a separate oense. 2 A civil penalty shall be assessed by the Ethics Board by order only after the person charged with a violation has been given an opportunity for a hearing, and after the Ethics Board has determined, by a decision incorporating its ndings of facts, that a violation occurred. 3 Notwithstanding the provisions of paragraph (2) of this subsection, the Ethics Board may issue a schedule of nes for violations of this subchapter, which may be imposed ministerially by the Director of Government Ethics. A civil penalty imposed under the authority of this paragraph may be appealed to the Ethics Board in accordance with the provisions of paragraph (2) of this subsection. The aggregate set of penalties imposed against each person under the authority of this paragraph may not exceed $5,000.
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4 In addition to any civil penalty imposed under this subchapter, a violation of the Code of Conduct may result in remedial action in accordance with Chapter 6 of this title. 5 (A) If the person against whom a civil penalty is assessed fails to pay the penalty, the Ethics Board may le a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certied mail to the respondent and the respondents attorney of record, if any, and the Ethics Board shall certify and le with the court the record upon which the order sought to be enforced was issued. B The court shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modied, or setting aside, in whole or in part, the order and the decision of the Ethics Board or it may remand the proceedings to the Ethics Board for such further action as it may direct. The court may determine de novo all issues of law, but the Ethics Boards ndings of fact, if supported by substantial evidence, shall be conclusive. b (1) Any person who commits a violation of the Code of Conduct that substantially threatens the public trust shall be ned not more than $25,000, or shall be imprisoned for not longer than one year, but not both. 2 (A) Prosecutions of violations of this subsection shall be brought by the Attorney General of the District of Columbia; provided, that if the conduct also violates criminal provisions that could be prosecuted by the United States Attorney for the District of Columbia, the United States Attorney for the District of Columbia consents to the prosecution by the Attorney General of the District of Columbia. B Notwithstanding subparagraph (A) of this paragraph, no prosecution for a violation of paragraph (1) of this subsection shall be made until the Ethics Board has conducted its study pursuant to 1-1162.02(b) and the Council has, by law, specied violations of the Code of Conduct that substantially threaten the public trust. c The provisions of this subchapter shall in no manner limit the authority of the United States Attorney for the District of Columbia.
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d All actions of the Ethics Board, the Attorney General of the District of Columbia, or of the United States Attorney for the District of Columbia to enforce the provisions of this subchapter must be initiated within 5 years of the discovery of the alleged violation. e Notwithstanding any other provision in this subchapter, all equitable remedies at law shall be available for violations of the Code of Conduct, which may be in addition to any civil penalty prescribed in this subchapter. f The penalties set forth in this section shall not apply to part E of this subchapter.
0.1.1128
Reports.
a The Director of Government Ethics shall produce a quarterly report detailing: 1 The posture of each complaint it received, including whether an investigation was initiated, is ongoing, or has concluded; 2 The referrals made to and from the Ethics Board; 3 Fines and penalties imposed by the Ethics Board; 4 Allegations dismissed by the Ethics Board; and 5 Other action taken with regard to an allegation of a violation of the Code of Conduct. b The quarterly report shall be posted online.
0.1.1129
Advisory opinions.
a Upon application made by an employee or public ocial subject to the Code of Conduct, the Ethics Board or the Director of Government Ethics shall, within a reasonable period of time, provide an advisory opinion as to whether a specic transaction or activity inquired of would constitute a violation of a provision of the Code of Conduct over which the Ethics Board has primary jurisdiction.
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b An advisory opinion shall be published in the District of Columbia Register within 30 days of its issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the persons prior consent in writing. c If issued by the Director of Government Ethics, an advisory opinion may be appealed for consideration by the Ethics Board. d There shall be no enforcement of a violation of the Code of Conduct taken against an employee or public ocial who relied in good faith upon an advisory opinion requested by that employee or public ocial; provided, that the employee or public ocial, in seeking the advisory opinion, made full and accurate disclosure of all relevant circumstances and information.
0.1.1130
Enforcement of subpoena.
The Superior Court of the District of Columbia may, upon petition by the Ethics Board, in case of refusal to obey a subpoena or order of the Ethics Board issued under 1-1162.11(3), issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.
0.1.1131 0.1.1132 0.1.1133 0.1.1134
Election Campaigns; Lobbying; Conict of Interest. [Repealed] Designation of campaign depositories; petty cash fund. [Repealed] Government Ethics and Accountability. Dismissal of meritless claim, complaint, or request for investigation.
a The Ethics Board may dismiss, at any stage of the proceedings, any claim, complaint, request for investigation, investigation, or portion of an investigation that the Ethics Board nds to be without merit. b The Ethics Board may require a person who made or caused to be made a claim, complaint, or request for investigation in bad faith and without merit to pay reasonable fees for time spent reviewing or investigating the claim, complaint, or requests for investigation.
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CONTENTS
0.1.1135
Disposition.
a Following the presentation of evidence to the Ethics Board by the Director of Government Ethics in an adversary proceeding and an open hearing, the Ethics Board may: 1 Levy a penalty in accordance with 1-1162.21; 2 Refer the matter to the United States Attorney for the District of Columbia for enforcement or prosecution; 3 Refer the matter to the Attorney General of the District of Columbia for enforcement or prosecution; or. 4 Dismiss the action. b The Ethics Board may not refer information concerning an alleged violation of the Code of Conduct or of this subchapter to the United States Attorney for the District of Columbia or the Attorney General of the District of Columbia without the presentation of evidence by the Director of Government Ethics as provided in 1-1162.14(a).
0.1.1136
Hearings.
a (1) After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director of Government Ethics pursuant to 1-1162.12(b) or 1-1162.13(e), the Ethics Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. A hearing need not be conducted if a matter is dismissed pursuant to 1-1162.16(a). 2 If the Director of Government Ethics fails to present a matter, or advises the Ethics Board that insucient evidence exists to present a matter or that an additional period of time is needed to investigate a matter further, the Ethics Board may order the Director of Government Ethics to present the matter as provided in paragraph (1) of this subsection. b Any hearing under this section shall be of record and shall be held in accordance with Chapter 5 of Title 2.
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c Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self-incrimination.
0.1.1137
a
Formal investigation.
A formal investigation shall be initiated upon:
1 Receipt of a written complaint transmitted to the Ethics Board; 2 A nding by the Oce of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or 3 A nding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or oenses that may constitute violations of the Code of Conduct or of this subchapter. b A written complaint shall include:
1 The full name and address of the complainant and the respondent; 2 A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of this subchapter; 3 The complainants signature; 4 A verication of the complaint under oath; and 5 Supporting documentation, if any. c No complaint may be made under this subchapter later than 5 years after the discovery of the alleged violation. d An individual making a complaint shall be aorded all available protections from adverse employment action or retaliation in accordance with Chapter 6 of this title and subchapter XII of Chapter 2 of Title 2.
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CONTENTS
e Within 14 days of the initiation of a formal investigation, the Director of Government Ethics shall cause evidence concerning the complaint to be presented to the Ethics Board. If the Ethics Board decides that there is reasonable belief that a violation has occurred, the Ethics Board may authorize the issuance of subpoenas.
0.1.1138
Preliminary investigations.
a The Director of Government Ethics shall conduct a preliminary investigation of a possible violation the Code of Conduct or of this subchapter brought to the attention of the Director of Government Ethics or the Ethics Board through the following sources: 1 The media; 2 A tip received through the hotline; or 3 Documents led with the Ethics Board. b If during or after the preliminary investigation, the Director of Government Ethics has reason to believe that a violation of the Code of Conduct or of this subchapter may have occurred, the Director of Government Ethics shall present evidence of the violation to the Ethics Board. Upon presentation of evidence, the Ethics Board may authorize a formal investigation and the issuance of subpoenas if it nds reason to believe a violation has occurred. c A preliminary investigation may be dismissed by the Director of Government Ethics or the Ethics Board if insucient evidence exists to support a reasonable belief that a violation has occurred. d The identity of an individual who is the subject of the preliminary investigation shall not be disclosed without the individuals consent unless or until the Ethics Board has found reason to believe that the individual has committed a violation and the Ethics Board nds that disclosure would not harm the investigation.
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0.1.1139
Powers of the Director of Government Ethics.
The Director of Government Ethics, approved by the Ethics Board, shall have the power to: 1 Require any person to submit, within a reasonable period and under oath or otherwise as the Director of Government Ethics may determine, written reports and answers to questions that the Director of Government Ethics may propound relating to the administration and enforcement of this subchapter; 2 Administer oaths; 3 Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Ethics Boards duties; provided, that subpoenas issued under this paragraph shall be issued by the Director of Government Ethics only upon approval of a majority of the Ethics Board and served either personally or by certied or registered mail; 4 Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director of Government Ethics and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under this section; 5 Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia; 6 Institute or conduct, on the Director of Government Ethics own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of this subchapter; 7 Retain, on a temporary basis, consultants, including attorneys or others, on a pro bono basis, as necessary to administer and enforce this subchapter; and 8 Require any person to submit through an electronic format or medium a report required pursuant to this subchapter.
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CONTENTS
0.1.1140
Board of Ethics and Government Accountability Fund.
a There is established as a nonlapsing fund the Board of Ethics and Government Accountability Fund (Accountability Fund), which shall be administered by the Ethics Board. The funds in the Accountability Fund shall be used exclusively by the Ethics Board. All nes collected under 1- 1162.21 and part E of this subchapter shall be deposited into the Accountability Fund. b All funds deposited into the Accountability Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter without regard to scal year limitation, subject to authorization by Congress.
0.1.1141
Rules.
The Ethics Board, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter, including rules for the administration of preliminary investigations, formal investigations, and hearings related to violations of the Code of Conduct or other provisions of this subchapter.
0.1.1142
Quorum; delegation.
a Two members of the Ethics Board shall constitute a quorum for the transaction of business. b The Ethics Board may delegate to an individual member or to the Director of Government Ethics its power to investigate or hold a hearing.
0.1.1143
Budget.
a The Director of Government Ethics, with approval by the Ethics Board, shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title for the year, annual estimates of the expenditures and appropriations
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necessary for the operation of the Ethics Board for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to 1- 204.46 and 1-206.03(c) , in addition to the Mayors recommendations. b Before Fiscal Year 2013, upon the request of any member of the Ethics Board, the Mayor shall provide the Ethics Board with suitable oce space in a publicly owned or leased building for the administration and enforcement of this subchapter. Furnishings, information technology services and equipment, and supplies to this oce space shall also be provided upon request.
0.1.1144
Professional sta.
a The Ethics Board shall select, employ, and x the compensation for a Director of Government Ethics and such sta as the Ethics Board considers necessary, subject to the pay limitations of 1-611.16. The Director of Government Ethics shall serve at the pleasure of the Ethics Board. The Ethics Board shall provide to the Director of Government Ethics employees to carry out the powers and duties of the Director of Government Ethics. Employees assigned to the Director of Government Ethics, while so assigned, shall be under the direction and control of the Director of Government Ethics and may not be reassigned without the concurrence of the Director of Government Ethics. b The Director of Government Ethics shall be a District resident and failure to maintain District residency shall result in forfeiture of the position. c The sta of the Ethics Board shall be subject to the Code of Conduct, and the Ethics Board shall promulgate such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity that would imply support or opposition to an Ethics Board investigation.
0.1.1145
Compensation.
a Each member of the Ethics Board, excluding the Chairman, shall receive compensation, as provided in 1-611.08, while actually in the service of the Ethics Board, for a sum not to exceed $12,500 per annum.
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CONTENTS
b The Chairman of the Ethics Board shall receive compensation, as provided in 1-611.08, while actually in the service of the Ethics Board, for a sum not to exceed $26,500 per annum.
0.1.1146
Meetings.
a The Ethics Board shall hold regular monthly meetings in accordance with a schedule to be established by the Ethics Board. Additional meetings may be called as needed by the Ethics Board. b The Ethics Board shall provide notice of meetings and shall conduct its meetings in compliance with subchapter IV of Chapter 5 of Title 2.
0.1.1147
Composition; term; qualications; removal.
a The Ethics Board shall consist of 3 members, no more than 2 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 6 years, except the members rst appointed. Of the members rst appointed, one member shall be appointed to serve for a 2-year term, one member shall be appointed to serve for a 4-year term, and one member shall be appointed to serve for a 6-year term, as designated by the Mayor. b (1) The Mayor shall submit a nomination for membership on the Ethics Board to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination, by resolution, within the 45-day review period, the nomination shall be deemed disapproved. 2 Within 45 days of April 27, 2012, the Mayor shall submit to the Council for its review pursuant to paragraph (1) of this subsection the nominations for initial appointment to the Ethics Board. c The Mayor shall designate the Chairman of the Ethics Board.
d Any person appointed to ll a vacancy on the Ethics Board shall be appointed only for the unexpired term of the member whose vacancy he or she is lling. e A vacancy shall be noticed in the District of Columbia Register.
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f A member may be reappointed, and, if not reappointed, the member may serve until the members successor has been appointed and approved. g When appointing and approving a member of the Ethics Board, the Mayor and Council shall consider whether the individual possesses demonstrated integrity, independence, and public credibility, and whether the individual has particular knowledge, training, or experience in government ethics or in public transparency. h A person shall not be a member of the Ethics Board unless he or she:
1 Is a duly registered voter; 2 Has resided in the District continuously since the beginning of the oneyear period ending on the day he or she is appointed; and 3 Holds no other oce or employment in the District government. i An Ethics Board member shall not:
1 Act as a leader or hold any oce in a District political organization; 2 Make speeches for a District political organization or candidate, or publicly endorse or oppose a District of Columbia candidate for public oce; 3 Solicit funds for, pay an assessment to, or make a contribution to a District political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a District of Columbia political organization or candidate; 4 Be a lobbyist; 5 Use his or her status as a member to directly or indirectly attempt to inuence any decision of the District government relating to any action that is not within the Ethics Boards purview; or
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CONTENTS
6 During the members tenure on the Ethics Board, be convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an oense that would have been a felony if it had been committed in the District of Columbia. j A member of the Ethics Board may be removed for good cause, including engaging in any activity prohibited by subsections (h) or (i) of this section, in accordance with the following procedure: 1 When the Mayor believes that there is good cause to remove a member, the Mayor shall notify the member in writing by personal service or by certied or registered mail, setting out the alleged cause and advising the member that he or she has 7 days in which to request a hearing before the Council. 2 If the member fails to request a hearing within 7 days after receiving the notice, the Mayor may remove the member and appoint a new member to serve until the expiration of the term of the member removed. 3 If within 7 days of receiving notice from the Mayor, the member requests a hearing, the Mayor shall promptly notify the Council, and the Council shall convene the hearing within 30 calendar days after receiving notice from the Mayor that a member has requested a hearing. 4 At the conclusion of the hearing, the Council shall vote on whether to remove the member. If 2/3rds of the Council votes to remove a member, the member shall be removed and the Mayor shall appoint a new member to serve until the expiration of the term of the member removed. 5 If less than 2/3rds of the Council votes to remove a member, the member shall not be removed.
0.1.1148
Establishment of the District of Columbia Board of Ethics and Government Accountability.
a There is established a District of Columbia Board of Ethics and Government Accountability, whose purpose shall be to: 1 Administer and enforce the Code of Conduct;
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) 2 Appoint a Director of the Open Government Oce; 3 Appoint a Director of the Ethics Board;
967
4 Receive, investigate, and adjudicate violations of the Code of Conduct; 5 Conduct mandatory training on the Code of Conduct; 6 Produce ethics training materials, including summary guidelines for all applicable laws and regulations; 7 Produce a plain-language ethics guide; 8 Issue rules and regulations governing the ethical conduct of employees and public ocials; and 9 Establish an anonymous and condential telephone hotline for the purpose of receiving information related to violations of the Code of Conduct or other information with regard to the administration or enforcement of the Code of Conduct. b The Ethics Board shall conduct a detailed assessment of ethical guidelines and requirements for employees and public ocials to include a review of national best practices of government ethics law, and produce, within 240 days of April 27, 2012, recommendations for amending the Code of Conduct. Thereafter, the Ethics Board shall submit recommendations on December 31 of each year. The recommendations shall include: 1 Whether to adopt local laws that are similar in nature to federal ethics laws; 2 Whether to adopt post-employment restrictions; 3 Whether to adopt ethics laws pertaining to contracting and procurement; 4 Whether to adopt nepotism and cronyism prohibitions; 5 Whether to criminalize violations of ethics laws;
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6 Whether to expel a member of the Council for certain violations of the Code of Conduct; 7 Whether to regulate campaign contributions from aliated or subsidiary corporations; and 8 Any other matter as determined by the Ethics Board.
0.1.1149
Short title.
This subchapter may be cited as the Government Ethics Act of 2011.
0.1.1150
Denitions.
For the purposes of this chapter, the term: 1 Administrative decision means any activity directly related to action by an executive agency to issue a Mayors order, to cause to be undertaken a rulemaking proceeding (which does not include a formal public hearing) under Chapter 5 of Title 2, or to propose legislation or make nominations to the Council, the President, or Congress. 2 Administrative Procedure Act means Chapter 5 of Title 2. 3 Aliated organization means: A An organization or entity:
i In which the employee serves as ocer, director, trustee, general partner, or employee; ii In which the employee or member of the employees household is a director, ocer, owner, employee, or holder of stock worth $1,000 or more at fair market value; or iii That is a client of the employee or a member of the employees household; or
969
B A person with whom the employee is negotiating for or has an arrangement concerning prospective employment. 4 Business means any corporation, partnership, sole proprietorship, rm, nonprot corporation, enterprise, franchise, association, organization, selfemployed individual, holding company, joint stock, trust, and any legal entity through which business is conducted, whether for prot or not. 5 Business with which he or she is associated means any business of which the person or member of his or her household is a director, ocer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business that is a client of that person. 6 Candidate means an individual who seeks nomination for election, or election, to oce, whether or not the individual is nominated or elected. For the purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if the individual: A Obtained or authorized any other person to obtain nominating petitions to qualify himself or herself for nomination for election, or election, to oce; B Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election, or election, to oce; or C Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notied that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed a candidate if the individual noties each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whether to seek nomination or election to public oce, and is not a candidate. An individual deemed to be a candidate for the purposes of this chapter shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other law. 7 Code of Conduct means those provisions contained in the following:
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CONTENTS
A The Code of Ocial Conduct of the Council of the District of Columbia, as adopted by the Council; B Sections 1-618.01 through 1-618.02; C Chapter 7 of Title 2; D Section 2-354.16;
E Chapter 18 of Title 6B of the District of Columbia Municipal Regulations; F Parts C, D, and E of subchapter II, and part F of subchapter III of this chapter for the purpose of enforcement by the Elections Board of violations of 1-1163.38 that are subject to the penalty provisions of 1-1162.21. 8 Commodity means commodity as dened in section 1a of the Commodity Exchange Act, approved September 21, 1922 (42 Stat. 998; 7 U.S.C. 1a). 9 Compensation means any money or an exchange of value received, regardless of its form, by a person acting as a lobbyist. 10 (A) Contribution means
i A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything of value, made for the purpose of nancing, directly or indirectly,: I The election campaign of a candidate;
II Any operations of a political, exploratory, inaugural, transition, or legal defense committee; or III The campaign to obtain signatures on any initiative, referendum, or recall measure, or to bring about the ratication or defeat of any initiative, referendum, or recall measure, or any operations of a political committee involved in such a campaign;
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ii A contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; iii A transfer of funds between political committees or between an exploratory committee and a political committee; or iv The payment, by any person other than a candidate or a political, exploratory, inaugural, transition, or legal defense committee, of compensation for the personal services of another person that are rendered to such candidate or committee without charge, or for less than reasonable value, for any such purpose or the furnishing of goods, advertising, or services to a candidates campaign without charge, or at a rate which is less than the rate normally charged for such services. B Notwithstanding subparagraph (A) of this paragraph, the term contribution shall not be construed to include: i Services provided without compensation by a person (including an accountant or an attorney) volunteering a portion or all of the persons time on behalf of a candidate or a political, exploratory, inaugural, transition, or legal defense committee; ii Personal services provided without compensation by a person volunteering a portion or all of the persons time to a candidate or a political, exploratory, inaugural, or legal defense committee; iii Communications by an organization, other than a political party, solely to its members and their families on any subject; iv Communications (including advertisements) to any person on any subject by any organization that is organized solely as an issue-oriented organization, which communications neither endorse nor oppose any candidate for oce; v Normal billing credit for a period not exceeding 30 days;
972
CONTENTS
vi Services of an informational or polling nature, and related thereto, designed to seek the opinion(s) of voters concerning the possible candidacy of a qualied elector for public oce, before such qualied electors becoming a candidate; vii The use of real or personal property, and the costs of invitations, food, and beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the persons residential premises for related activities; provided, that expenses do not exceed $500 with respect to the candidates election; and viii The sale of any food or beverage by a vendor for use in a candidates campaign at a charge less than the normal comparable charge, if the charge for use in a candidates campaign is at least equal to the cost of such food or beverage to the vendor; provided, that expenses do not exceed $500 with respect to the candidates election. 11 Direct and predictable eect means there is:
A A close causal link between any decision or action to be taken in the matter and any expected eect of the matter on the nancial interest; B A real, as opposed to a speculative possibility, that the matter will aect the nancial interest; and C The eect is more than de minimis. 12 Director of Campaign Finance means the Director of Campaign Finance of the Elections Board created by 1-1163.02. 13 Director of Government Ethics means the Director of Government Ethics created by 1-1162.06. 14 Domestic partner shall have the same meaning as provided in 32701(3).
973
15 Election means a primary, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to oce, or for the purpose of electing a candidate to oce, or for the purpose of deciding an initiative, referendum, or recall measure, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate. 16 Election Code means subchapter I of Chapter 10 of this title.
17 Elections Board means the District of Columbia Board of Elections established under the Election Code, and redesignated by 1-1163.05. 18 Employee means, unless otherwise apparent from the context, a person who performs a function of the District government and who receives compensation for the performance of such services, or a member of a District government board or commission, whether or not for compensation. 19 Ethics Board means the District of Columbia Board of Ethics and Government Accountability established by 1-1162.02. 20 Executive agency means:
A A department, agency, or oce in the executive branch of the District government under the direct administrative control of the Mayor; B The State Board of Education or any of its constituent elements; C The University of the District of Columbia or any of its constituent elements; D The Elections Board; and
E Any District professional licensing and examining board under the administrative control of the executive branch. 21 (A) Expenditure means:
974
CONTENTS
i A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of nancing, directly or indirectly,: I The election campaign of a candidate;
II Any operations of a political, exploratory, inaugural, transition, or legal defense committee; or III The election campaign to obtain signatures on any initiative, referendum, or recall petition, or to bring about the ratication or defeat of any initiative, referendum, or recall measure, or any operations of a political committee involved in such a campaign; ii A contract, promise, or agreement, whether or not legally enforceable, to make an expenditure; iii A transfer of funds between political committees or between an exploratory committee and a political committee; and B Notwithstanding subparagraph (A) of this paragraph, the term expenditure shall not be construed to include the incidental expenses (as dened by the Elections Board or Ethics Board) made by or on behalf of a person in the course of volunteering that persons time on behalf of a candidate or a political, exploratory, inaugural, transition, or legal defense committee or the use of real or personal property and the cost of invitations, food, or beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the persons residential premises for candidate-related activity if the aggregate value of such activities by such person on behalf of any candidate does not exceed $ 500 with respect to any election. 22 Exploratory committee means any person, or group of persons, organized for the purpose of examining or exploring the feasibility of becoming a candidate for an elective oce in the District. 23 Gift means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received. The term gift shall not include:
0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS) A A political contribution otherwise reported as required by law;
975
B A commercially reasonable loan made in the ordinary course of business; or C A gift received from a member of the persons immediate family. 24 Home Rule Act means Chapter 2 of this title.
25 Household means a public ocial or employee and any member of his or her immediate family with whom the public ocial or employee resides. 26 Immediate family means the spouse or domestic partner of a public ocial or employee and any parent, grandparent, brother, sister, or child of the public ocial or employee, and the spouse or domestic partner of any such parent, grandparent, brother, sister, or child. 27 Inaugural committee means a person, or group of persons, organized for the purpose of soliciting, accepting, and spending funds and coordinating activities to celebrate the election of a new Mayor. 28 Income means gross income as dened in section 61 of the Internal Revenue Code (26 U.S.C. 61). 29 Internal Revenue Code means the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 3; 26 U.S.C. 1 et seq.), and the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. 1 et seq.), as amended from time to time. 30 Legal defense committee means a person or group of persons, organized for the purpose of soliciting, accepting, and expending funds to defray the professional fees and costs for a public ocials legal defense to one or more civil, criminal, or administrative proceedings. 31 Legislative action includes any activity conducted by an ocial in the legislative branch in the course of carrying out his or her duties as such an ocial, and relating to the introduction, passage, or defeat of any legislation in the Council.
976
CONTENTS
32 (A) Lobbying means communicating directly with any ocial in the legislative or executive branch of the District government with the purpose of inuencing any legislative action or an administrative decision. B The term lobbying shall not include: i The appearance or presentation of written testimony by a person on his or her own behalf, or representation by an attorney on behalf of any such person in a rulemaking (which includes a formal public hearing), rate-making, or adjudicatory hearing before an executive agency or the Tax Assessor; ii Information supplied in response to written inquiries by an executive agency, the Council, or any public ocial; iii Inquiries concerning only the status of specic actions by an executive agency or the Council; iv Testimony given before the Council or a committee of the Council, during which a public record is made of such proceedings or testimony submitted for inclusion in such a public record; v A communication made through the instrumentality of a newspaper, television, or radio of general circulation, or a publication whose primary audience is the organizations membership; and vi 33 Communications by a bona de political party. (A) Lobbyist means any person who engages in lobbying.
B Public ocials communicating directly or soliciting others to communicate with other public ocials shall not be deemed lobbyists for the purposes of this chapter; provided, that a public ocial does not receive compensation in addition to his or her salary for such communication or solicitation and makes such communication and solicitation in his or her ocial capacity. 34 Merit Personnel Act means Chapter 6 of this title.
977
35 Oce means the oce of Mayor, Attorney General, Chairman of the Council, member of the Council, member of the State Board of Education, or an ocial of a political party. 36 A Ocial in the executive branch means: The Mayor;
B Any ocer or employee in the Executive Service; C Persons employed under the authority of 1-609.01 through 1-609.03 (except 1-609.03(a)(3)) paid at a rate of DS-13 or above in the General Schedule or equivalent compensation under the provisions of subchapter XI of Chapter 6 of this title designated in 1-609.08 (except paragraphs (9) and (10) of that section; or D Members of boards and commissions designated in 1-523.01(e).
37 Ocial in the legislative branch means any candidate for Chairman or member of the Council in a primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect of the Council, ocers, and employees of the Council appointed under the authority of 1609.01 through 1-609.03 or designated in 1-609.08. 38 A Ocial of a political party means: National committeemen and national committeewomen;
B Delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States; C Alternates to the ocials referred to in subparagraphs (A) and (B) of this paragraph, where permitted by political party rules; and D Such members and ocials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District.
978
CONTENTS
39 Open Government Oce means the District of Columbia Open Government Oce established by 2-592. 40 Open Meetings Act means subchapter IV of Chapter 5 of Title 2.
41 Particular matter is limited to meaning a deliberation, decision, or action that is focused upon the interests of specic persons, or a discrete and identiable class of persons. 42 Person means an individual, partnership, committee, corporation, labor organization, and any other organization. 43 Person closely aliated with the employee means a spouse, dependent child, general partner, a member of the employees household, or an aliated organization. 44 Political committee means any proposer, individual, committee (including a principal campaign committee), club, association, organization, or other group of individuals organized for the purpose of, or engaged in promoting or opposing: A A political party;
B The nomination or election of a person to oce; or C Any initiative, referendum, or recall. 45 Political party means an association, committee, or organization that nominates a candidate for election to any oce and qualies under subchapter I of Chapter 10 of this title to have the names of its nominees appear on the election ballot as the candidate of that association, committee, or organization. 46 Prohibited source means any person that:
A Has or is seeking to obtain contractual or other business or nancial relations with the District government;
979
B Conducts operations or activities that are subject to regulation by the District government; or C Has an interest that may be favorably aected by the performance or non-performance of the employees ocial responsibilities. 47 A Public ocial means: A candidate for nomination for election, or election, to public oce;
B The Mayor, Chairman, and each member of the Council of the District of Columbia holding oce under Chapter 2 of this title; C The Attorney General; D A Representative or Senator elected pursuant to 1-123;
E An Advisory Neighborhood Commissioner; F A member of the State Board of Education; G A person serving as a subordinate agency head in a position designated as within the Executive Service; H A member of a board or commission listed in 1-523.01(e); and
I A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conict of interest or appearance of a conict of interest; and any additional employees designated by rule by the Ethics Board who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conict of interest or appearance of a conict of interest.
980
CONTENTS
48 Registrant means a person who is required to register as a lobbyist under the provisions of 1-1162.27.
49 Security means a security as dened in section 2(1) of the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. 77b(1)).
50 Tax means the taxes imposed under Chapter 1 of the Internal Revenue Code, under Chapter 18 of Title 47, and under the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Ofcial Code 34-2101 passim); and any other provision of law relating to the taxation of property within the District.
51 Transactions in securities or commodities means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity.
52 Transition committee means any person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for oce and personnel transition on behalf of the Chairman of the Council or the Mayor.
981
982
CONTENTS
0.1.1151 0.1.1152 0.1.1153 0.1.1154 0.1.1155 0.1.1156 0.1.1157 0.1.1158 0.1.1159 0.1.1160 0.1.1161 0.1.1162 0.1.1163 0.1.1164 0.1.1165 0.1.1166 0.1.1167 0.1.1168 0.1.1169 0.1.1170 0.1.1171 0.1.1172 0.1.1173 0.1.1174 0.1.1175 0.1.1176 0.1.1177 0.1.1178
Election Campaigns; Lobbying; Conict of Interest. [Repealed] Time limit for the operation of an exploratory committee. [Repealed] Contribution prohibition. [Repealed] Aggregate and individual contribution limits. [Repealed] Fund balance requirements. [Repealed] Reports of exploratory committees. [Repealed] Denitions. [Repealed] Reporting requirements. [Repealed] Partnership contributions. [Repealed] Statement of organization of political committees. [Repealed] Limitations on honoraria and royalties. [Repealed] Authority of Council. [Repealed] Use of surplus campaign funds. [Repealed] Document under oath. [Repealed] Penalties; prosecutions. [Repealed] Prohibition on the use of District government resources for campaign related activities. [Repealed] Disclosure of nancial interest. [Repealed] Conict of interest. [Repealed] Penalties; prohibition from serving as lobbyist; citizen suits. [Repealed] Prohibited activities. [Repealed] Activity reports. [Repealed] Registration form. [Repealed] Exceptions. [Repealed] Persons required to register. [Repealed] Denitions. [Repealed] Constituent services. [Repealed] Person dened. [Repealed] General limitations. [Repealed]
983
0.1.1193
Filing of signature; depositing impression of seal; certication as to authenticity.
Each notary public shall le his signature and deposit an impression of his ocial seal with the Mayor of the District of Columbia or his designated agent, and the Mayor or his designated agent may certify to the authenticity of the signature and ocial seal of the notary public.
0.1.1194
Appointment; representation of clients before government departments; license fee; rules.
a The Mayor of the District of Columbia shall have power to appoint such number of notaries public, residents of said District, or whose sole place of business or employment is located within said District, as, in his discretion, the business of the District may require: Provided, that the appointment of any person as such notary public, or the acceptance of his commission as such, or the performance of the duties thereunder, shall not disqualify or prevent such person from representing clients before any of the departments of the United States government in the District of Columbia or elsewhere: Provided further, that such person so appointed as a notary public who appears to practice or represent clients before any such department is not otherwise engaged in government employ, and shall be admitted by the heads of such departments to practice therein in accordance with the rules and regulations prescribed for other persons or attorneys who are admitted to practice therein: And provided further, that no notary public shall be authorized to take acknowledgments, administer oaths, certify papers, or perform any ocial acts in connection with matters in which he is employed as counsel, attorney, or agent, or in which he may be in any way interested before any of the departments aforesaid. b Each notary public before obtaining his commission, and for each renewal thereof, shall pay to the Director of the Department of Finance and Revenue of the District of Columbia a license fee of $30: Provided, that no license fee shall be collected from any notary public in the service of the United States government or the District of Columbia government whose notarial duties are conned solely to government ocial business: And provided further, that no notary fee shall be collected at any time by a notary public who is exempted from the payment of the license fee. The Mayor is hereby authorized to refund, in the manner prescribed by law for the refunding of erroneously paid taxes, the amount of any fee erroneously paid
984 or collected under this section.
CONTENTS
c The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to carry out the provisions of this section and 1-1202 to 1- 1215, including rules to establish and amend fees.
0.1.1195
Term of oce.
Said notaries public shall hold their oces for the period of 5 years, removable at discretion.
0.1.1196
Oath; bond.
Each notary public, before entering upon the duties of his oce, shall take the oath prescribed for civil ocers in the District of Columbia, and shall give bond to the District of Columbia in the sum of $2,000, with security, to be approved by the Mayor of the District of Columbia or his designated agent, for the faithful discharge of the duties of his oce. Where any such notary public is an ocer or employee of the government of the District of Columbia whose notarial duties are conned solely to government ocial business, any bond covering such ocer or employee for the faithful performance of such notarial duties obtained by the Mayor of the District of Columbia pursuant to the authority conferred on him by law shall be in lieu of the bond required by the 1st sentence of this section.
0.1.1197
Exemption from execution.
A notarys ocial seal and his ocial documents shall be exempt from execution.
0.1.1198
Foreign bills of exchange.
Notaries public shall have authority to demand acceptance and payment of foreign bills of exchange and to protest the same for nonacceptance and nonpayment, and to exercise such other powers and duties as by the law of nations and according to commercial usages notaries public may do.
0.1.1199
Inland bills of exchange; promissory notes and checks.
Notaries public may also demand acceptance of inland bills of exchange and payment thereof, and of promissory notes and checks, and may protest the
985
same for nonacceptance or nonpayment, as the case may require. And on the original protest thereof he shall state the presentment by him of the same for acceptance or payment, as the case may be, and the nonacceptance or nonpayment thereof, and the service of notice thereof on any of the parties to the same, and the mode of giving such notice, and the reputed place of business or residence of the party to whom the same was given; and such protest shall be prima facie evidence of the facts therein stated. And any notary public failing to comply herewith shall pay a ne of $10 to the District of Columbia, to be collected in the Superior Court of the District of Columbia as are other nes and penalties.
0.1.1200
Other acts for use and eect beyond District.
Notaries public may also perform such other acts, for use and eect beyond the jurisdiction of the District, as according to the law of any state or territory of the United States or any foreign government in amity with the United States may be performed by notaries public.
0.1.1201
Certication of certain instruments; depositions; administration of oaths and armations; adavits.
Each notary public shall have power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds, and other instruments of writing, to take depositions and to administer oaths and armations and also to take adavits to be used before any court, judge, or ocer within the District.
0.1.1202
Record of ocial acts; certied copies.
Each notary public shall keep a fair record of all his ocial acts, except such as are mentioned in 1-1210, and when required, shall give a certied copy of any record in his oce to any person upon payment of the fees therefor.
0.1.1203
Copy of record as evidence.
The certicate of a notary public, under his hand and seal of oce, drawn from his record, stating the protest and the facts therein recorded, shall be evidence of the facts in like manner as the original protest.
986
CONTENTS
0.1.1204
Fees.
a The Mayor of the District of Columbia shall adjust from time to time the schedule of fees to be charged by notaries public. The Mayor shall adjust the schedule by rule to provide fees in amounts which, in the Mayors judgment, will defray the notary publics necessary expenses in connection with performing his services. b Until the schedule of fees is adjusted by the Mayor in accordance with subsection (a) of this section, the schedule of fees in subsection (c) of this section will be in eect. c The fees of notaries public shall be:
1 For taking an acknowledgement of proof of a deed or other instrument including the seal and writing of the certicate, $2 for each signature; 2 For administering an oath or for taking an adavit, including the jurat and seal, $2; or 3 For any other notarial act, $2.
0.1.1205
Penalties for taking higher fees.
Any notary public who shall take a higher fee than is prescribed by 1-1213 shall pay a ne of $100 and be removed from oce by the Superior Court of the District of Columbia.
0.1.1206
Custody of records and ocial papers upon death, resignation, and removal from oce.
Upon the death, resignation, or removal from oce of any notary public, his records, together with all his ocial papers, shall be deposited in the Oce of the Mayor of the District of Columbia or his designated agent.
0.1.1207
Certicates issued by Mayor.
Certicates issued by the Mayor of the District of Columbia may be signed by the Executive Secretary.
987
0.1.1208
Authorization for appropriation; inclusion of expenses in Mayors annual estimates.
Appropriation is hereby authorized to be made to carry out the provisions of this section and 1-1203 and 1-1206, and the Mayor of the District of Columbia is authorized to include in his annual estimates provision for all expenses incident to such purposes, including the purchase of equipment and supplies and the payment of salaries to personnel.
0.1.1209 0.1.1210
Surveyor. Subdivision plat; certication.
Whenever the proprietor of any square or lot shall deem it necessary to subdivide the same into convenient building lots or portions for sale and occupancy and alleys for their accommodation, he may cause a plat to be made by the Surveyor or a registered land surveyor, on which shall be expressed the dimensions and length of all the lines of such portions as are necessary for dening and laying o the same on the ground, and may certify such subdivision under his hand and seal, in the presence of 2 or more credible witnesses, upon the same plat or on a paper or parchment attached thereto.
0.1.1211
Salary; appointment; term of oce.
The Surveyor of the District of Columbia shall receive a salary in lieu of fees, and shall be appointed by the Mayor of the District of Columbia for a term of 4 years, unless sooner removed for cause, and shall be under the direction and control of the said Mayor.
0.1.1212
Appointment of Assistant Surveyor and other employees.
The Mayor of the District of Columbia, on the recommendation of the Surveyor, is hereby authorized to appoint 1 Assistant Surveyor, and such employees as may in the judgment of the Mayor of the District of Columbia be required for the Surveyors oce and operation.
0.1.1213
Duties of Assistant Surveyor.
The Assistant Surveyor shall take the same oath his principal is required to take, and may, during the continuance of his oce, discharge and perform any of the ocial duties of his principal.
988
CONTENTS
0.1.1214
Surveyors oce to be legal oce of record of plats and subdivisions.
The Oce of the Surveyor of the District shall be the legal oce of record of the plats and subdivisions of all private property in the District of Columbia and of all property belonging to the District of Columbia. The copies of all records of the division of squares and lots made between the public and the original proprietors and all plats, papers, books, maps, and records now in the Oce of the Surveyor shall remain therein.
0.1.1215
Records, papers, and instruments to be kept and preserved by Surveyor.
The Surveyor shall keep his oce in a room designated by the Mayor for the purpose, and shall not be engaged in the transaction of any business appertaining to any other oce or appointment which may be held by him, and shall in his said oce preserve and keep all such maps, charts, surveys, books, records, and papers relating to the District of Columbia, or to any of the avenues, streets, alleys, public spaces, squares, lots, and buildings thereon, or any of them, as shall for the purpose of being deposited in his oce come into his hands or possession; and shall, in books provided or to be provided for that purpose, keep a true record of every survey, certicate, or account which shall be made, issued, or prepared by him, and also shall preserve and keep in good order and repair the instruments in his said oce belonging to the District.
0.1.1216
Records of divisions of squares and lots.
All records, or copies thereof, of the divisions of squares and lots heretofore made between the public and the original proprietors, or which are authorized by this chapter, shall be kept in the Oce of the Surveyor of the District of Columbia, and the Surveyor shall put up, label, index, and preserve all the maps, charts, plats, plans, and other drawings and papers relating to the District of Columbia or which appertain to his oce, and which may come to his oce for deposit, record, or otherwise.
0.1.1217
Records deemed property of District; transfer of records upon vacancy in oce.
All papers, plats, books, maps, and records of his oce shall be deemed the property of the District of Columbia, and shall constitute a part of the
989
public records; and in all cases of vacancy in the oce, by resignation or otherwise, they shall be transferred to his successor in oce.
0.1.1218
Typewritten records authorized.
After May 18, 1910, the recording of all instruments led for record in the Oce of the Surveyor of the District of Columbia may be done with book typewriters.
0.1.1219
Scale of plats.
The plats and squares and subdivisions of the City of Washington shall be drawn upon a uniform scale of not less than 1 inch to 50 feet, and shall show the lines of all subdivisions of the squares as the same existed at the date of the completion of each square.
0.1.1220
Mayor to revise fees for Surveyor; notice of revision of fee schedule; inspection of fee schedule; employment of registered land surveyor.
a (1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may establish and revise the fees and additional charges for services rendered by the Surveyor of the District of Columbia. The fees shall be established by the Mayor in such amounts as, in the Mayors judgment, will be commensurate with the cost to the District of Columbia for providing the services rendered by the Oce of the Surveyor. The schedule of fees established by the Mayor shall be available for inspection in the Oce of the Surveyor. 2 The proposed rules issued pursuant to paragraph (1) of this subsection shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 90-day review period, the proposed rules shall be deemed approved. a-1 Repealed. b Any person may request in writing that the Surveyor perform any survey or prepare any plat authorized by this chapter. The Surveyor may complete and may record any survey within 60 days after a written request for survey
990
CONTENTS
is led. Except for those surveying or other functions, duties or obligations specically reserved to the Surveyor in this chapter, any person may employ, at his expense, a registered land surveyor to perform any survey or prepare any plat authorized by this chapter. Such registered land surveyor employed pursuant to this subsection shall perform the survey under the direction of and in accordance with procedures established by the Surveyor. This subsection shall not apply to any department or agency of the government of the District of Columbia.
c For the purposes of this section, a registered land surveyor shall mean any person or rm licensed under the provisions of subchapter I-B of Chapter 28 of Title 47 approved and permitted by the Oce of the Surveyor to prepare and certify surveys and subdivision plats in the District of Columbia, including, but not limited to, registered civil engineers. The Surveyor is authorized to establish and enforce standards and operating procedures for the performance of surveys by registered land surveyors under subsection (b) of this section. The Surveyor is further authorized to establish and maintain a list of approved registered land surveyors who may be utilized by applicants for surveys pursuant to subsection (b) of this section.
d The Mayor is authorized to promulgate such rules and regulations as may be necessary to carry out the purposes of this section, including rules to authorize the use of private land surveyors to perform surveys or prepare plats.
Repealed.
0.1.1221
Subdivision of United States squares.
Whenever the President shall deem it necessary to subdivide any square or lot belonging to the United States within the City of Washington, not reserved for public purposes, into convenient building lots or portions for sale and occupancy, and alleys for their accommodation, he may cause a plat to be made by the Surveyor in the manner prescribed in this chapter, which plat shall be recorded by the Surveyor; and the provisions of this chapter shall extend to the lots, pieces, and parcels of ground contained in such plat as fully as to subdivisions made by individual proprietors.
991
0.1.1222
Orders regulating platting and subdividing; admission of plats and subdivisions to record.
The Council of the District of Columbia is authorized and directed to make and publish such general orders as may be necessary to regulate the platting and subdividing of all lands and grounds in the District of Columbia under the jurisdiction of the Mayor; and no such plat or subdivision made in pursuance of such orders shall be admitted to record in the Oce of the Surveyor of said District without an order to that eect indorsed thereon by the Mayor of said District.
0.1.1223
Public ways.
All spaces on any duly recorded plat of land thereon designated as streets, avenues, or alleys shall thereupon become public ways, provided they are made in conformity with 1-1313.
0.1.1224
Right-of-way through cemeteries.
If by the extension of any of the present streets or avenues or the opening of any public way it becomes necessary to traverse any grounds now used as a cemetery or place of burial, the Mayor is empowered to secure a right-of-way through the same by stipulation with the proprietors thereof.
0.1.1225
Surveys for District.
Except as specically provided for elsewhere in this chapter with respect to surveying work authorized to be performed by a registered land surveyor, it shall be the duty of the Surveyor to execute any surveying work for the District of Columbia without charge, on the order of the Mayor; and all fees for surveys made by the Surveyor or the Assistant Surveyor shall be paid over to the Collector of Taxes of the District of Columbia under regulations to be prescribed by the Mayor of the District of Columbia, and be covered into the Treasury of the United States as other revenues of the District are now; and the eld notes of the Surveyor and his Assistant shall be preserved and shall be a part of the public property of the District of Columbia, and all records, plats, plans, and other papers or documents now existing, or hereafter made or secured by the Oce of the said Surveyor, shall be delivered by each Surveyor to his successor in oce, and no plat or survey of land shall be recorded in the Oce of the Surveyor of the District of Columbia except
992
CONTENTS
it be certied to as correct by the Surveyor of said District, or a registered land surveyor.
0.1.1226
Order of survey to be speedily executed.
The Surveyor shall, as speedily as possible, execute any order of survey made by any court or private individual of any lot or square within the City of Washington, or of any land within the District of Columbia outside of said City, and shall make due return of a true plat and certicate thereof.
0.1.1227
Alteration of boundaries; change of surveys.
Whenever the proprietor of any tract or parcel of land in the District of Columbia shall desire or deem it necessary to subdivide or alter boundaries, or change the surveys of any such tract or parcel of land, such subdivision, alteration, or change shall be by the Surveyor of the District of Columbia, or his Assistant, only, and shall be entered in the plat book or books of said Surveyor. All such subdivisions, alterations, or changes shall be certied by the Surveyor, the party wishing such plat, and 2 competent witnesses, whose names shall be appended thereto.
0.1.1228
Boundaries of lots to be marked.
The Surveyor shall, or a registered land surveyor may, on the request of the proprietor or proprietors of any square, lot, or piece of ground within the District of Columbia set out and mark the proper lines, and furnish to him, her, or them a certicate describing the dimensions and boundaries of the same, according to the plan.
0.1.1229
Oath.
The Surveyor shall take and subscribe an oath or armation before the Mayor that he will faithfully and impartially discharge the duties of his oce, which oath shall be deposited with the Mayor of the District of Columbia.
0.1.1230
Examination of subdivision dimensions; recording of subdivision.
At the request of the proprietor the Surveyor shall examine whether the lots or parcels into which any square or lot may be subdivided as provided in 1- 1320 agree in dimensions with the whole of the square or lot so intended
993
to be subdivided, and whether the dimensions expressed on the plat of subdivision be the true dimensions of the parts so expressed; and whether said lots or parcels conform to the general orders of the Council of the District of Columbia made under existing law or under authority of 1-1313; and if upon such examination he shall nd the plat correct he shall certify the same under his hand and seal to the Mayor with such remarks as appear to him necessary; but no such plat or subdivision shall be admitted to record in the Oce of the Surveyor without an order to that eect, indorsed thereon by said Mayor.
0.1.1231
Reference to subdivisions.
When a subdivision of any square or lot shall be so certied, examined, and recorded, the purchaser of any part thereof or any person interested therein may refer to the plat and record for description in the same manner as to squares and lots divided between the Mayor and original proprietors.
0.1.1232
Regulation of alleys.
The ways, alleys, or passages laid out or expressed on any plat of subdivision shall be and remain at all times under the same police regulations as the alleys laid o by the Mayor on division with the original proprietors.
0.1.1233
Deciency or excess in measurement of square.
Whenever the Surveyor or a registered land surveyor shall lay o any lot, or any parts into which a square or lot may be subdivided, as provided in this chapter, the Surveyor or a registered land surveyor shall measure the whole of that front of the square on which said lot or part lies, and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, the Surveyor or a registered land surveyor shall, except in that portion of the City of Washington included within the limits of what formerly constituted the City of Georgetown, apportion such excess or deciency among the lots or pieces on that front agreeably to their respective dimensions; and in that portion of the City of Washington included within the limits of what formerly constituted the City of Georgetown, the Surveyor or a registered land surveyor shall allow such excess or charge such deciency to the highest numbered original lot on that front of the square, or apportion such excess or deciency among any lots into which such highest numbered original lot may have been subdivided: provided, that wherever
994
CONTENTS
in the former City of Georgetown a square or block of land is intersected by the division line between 2 original additions to said City, the excess or deciency found between the street lines and said division line shall be applied to the highest numbered original lot on each side of said division line, or apportioned among any lots into which such highest numbered original lot may have been subdivided.
0.1.1234
Party walls.
Whenever, on such admeasurement, the wall of a house previously erected by any proprietor shall appear to stand on the adjoining lot of any other person in part less than 7 inches in width thereon, such wall shall be considered as standing altogether on the land of such proprietor, who shall pay to the owner of the lot on which the wall may stand a reasonable price for the ground so occupied, to be decided by arbitrators or a jury, as the parties interested may agree.
0.1.1235
Wall extending over lot line.
If the wall of any house already erected cover 7 inches or more in width of the adjoining lot, it shall be deemed a party wall, according to the regulations for building in the District, and the ground so occupied more than 7 inches in width shall be paid for as provided in 1-1325.
0.1.1236
Surveyor to certify and record location of party wall.
The Surveyor or a registered surveyor shall ascertain and certify, and the Surveyor may put on record, at the request and expense of any person interested therein, the fact of the occupation of land by a party wall, as mentioned in 1-1326.
0.1.1237
Adjusting lines of buildings; certicate as evidence.
It shall be the duty of the Surveyor or registered land surveyor to attend and examine the foundation or walls of any house to be erected for the purpose of adjusting the line of the front of such building to the line of the street and correctly placing the party wall on the line of division between that and the adjoining lot; and his certicate of the fact shall be admitted as evidence and binding on the parties interested.
995
0.1.1238
Transcripts as evidence.
All transcripts from such records certied by the Surveyor shall be prima facie evidence thereof.
0.1.1239 0.1.1240
Oce of the Chief Technology Ocer. Technology Infrastructure Services Support Fund.
a There is established as a nonlapsing fund the Technology Infrastructure Services Support Fund, which shall be used solely to defray operational costs of the Citywide Messaging program, the Citywide Security program, the IT ServUs program, and the Server Operations program. The Technology Infrastructure Services Support Fund shall be funded by payments from independent District government agencies for services furnished by the Citywide Messaging program, the Citywide Security program, the IT ServUs program, and the Server Operations program. All funds collected from these sources shall be deposited into the Technology Infrastructure Services Support Fund. b All funds deposited into the Technology Infrastructure Services Support Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress.
0.1.1241
Establishment of Oce of the Chief Technology Ofcer.
a Pursuant to 1-204.04(b), there is hereby established, in the Executive Branch of the government of the District of Columbia, an Oce of the Chief Technology Ocer (Oce) under the supervision of a Chief Technology Ocer, who shall carry out the functions and authorities assigned to the Oce. The Oce of the Chief Technology Ocer is established as of July 13, 1998. b The Chief Technology Ocer shall have full authority over the Oce and all functions and personnel assigned thereto, including the power to redelegate to other employees and ocials of the Oce such powers and
996
CONTENTS
authority as in the judgment of the Chief Technology Ocer is warranted in the interests of eciency and sound administration.
0.1.1242
Purpose.
The purpose of the Oce is to centralize responsibility for the District governments investments in information technology and telecommunications systems to help District departments and agencies provide services more eciently and eectively. The Oce will develop and enforce policy directives and standards regarding information technology and telecommunications systems throughout the District government. The Oce will also serve as a source of expertise for District departments and agencies seeking to use information technology and telecommunications systems to improve services. In addition, the Oce may work to ensure that reasonable, aordable access to high-speed Internet services is available to District residents and businesses.
0.1.1243
Functions.
The functions assigned to the Oce shall be to: 1 Issue regulations governing the acquisition, use, and management of information technology and telecommunications systems and resources throughout the District government, including hardware, software, and contract services in the areas of data and word processing, telecommunications, printing and copying; 2 Review and approve all agency proposals, purchase orders, and contracts for the acquisition of information technology and telecommunications systems, resources, and services, and recommend approval or disapproval to the Chief Procurement Ocer; 3 Review and approve the information technology and telecommunications budgets for District government department and agencies; 4 Coordinate the development of information management plans, standards, systems, and procedures throughout the District government, including the development of an information technology strategic plan for the District;
997
5 Assess new or emerging technologies and advise District department and agencies on the potential applications of these technologies to their programs and services; 6 Implement information technology solutions and systems throughout the District government; 7 Promote the compatibility of information technology and telecommunications systems throughout the District government; 8 Serve as a resource and provide advice to District departments and agencies about how to use information technology and telecommunications systems to improve services, including assistance to departments and agencies in developing information technology strategic plans; 9 Maintain and oversee all District data centers, including, but not limited to, the SHARE, Department of Human Services, Department of Employment Services, University of the District of Columbia, Metropolitan Police Department, Public Benets Corporation, Saint Elizabeths, Department of Health, and District of Columbia Public Schools data centers; provided, that this paragraph shall not apply to the Department of Motor Vehicles; 10 (A)(i) Review the use of landlines, wireless phone lines, and data for which the District pays for telecommunication services and decertify and disconnect such services whenever not in active use; and ii Require District agencies to annually re-certify all inventory in the xed cost management system of active landlines, wireless phone lines, and data circuits. B The Oce may: i Disconnect landlines in favor of wireless devices and vice versa based on usage analysis and in consultation with agency directors; and ii Review and reject any requests for telecommunication services that do not comply with the technology standards of the Oce.
998
CONTENTS
C The Oce shall not impose any requirement, determination, or decision concerning, or otherwise interfere with, the telecommunications inventory of the Council unless the Council specically consents; 11 Developing and implementing solutions designed to ensure that residents and businesses in all areas of the District have reasonable, aordable access to high-speed Internet services; and 12 In furtherance of paragraph (10) of this section, obtaining and expending federal grant funds for digital inclusion eorts and awarding sub-grants to nonprot entities established in the District for the purpose of supporting digital inclusion eorts by such entities, including the following: A Providing computer literacy training;
B Providing free or low-cost computers; C Developing new online content; D Conducting public outreach concerning the use, availability, and benets of computers and the Internet; and E Similar eorts to enhance the accessibility, usability, aordability, and perceived value of computers and the Internet among under-served populations of the District.
0.1.1244
Transfers.
All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Chief Information Ocer in the Oce of the City Administrator pursuant to 2-327.01, or to the Department of Administrative Services for the information technology and telecommunications purposes and functions set out in Reorganization Plan No. 5 of 1983, eective March 1, 1984, are hereby transferred to the Oce of the Chief Technology Ocer.
0.1.1245
Organization.
a There are hereby established 3 primary organizational functions in the Oce as follows:
999
1 The Oce of the Chief Technology Ocer, which will include the sta and organizational units needed to carry out the overall plans and directions for the Districts information technology, telecommunications policies, and data centers; 2 Agency Support Services, which will provide direct assistance and support to the user agencies throughout the District government. Agency Support Services will also provide procurement and contract oversight and assistance for information technology and telecommunications, maintain standard technology-related contracts that all District departments and agencies may use, and manage projects that introduce new technologies and systems throughout the District government; and 3 Technical Services, which will provide support for desktop computers, servers, phones, and network equipment, and identify cost savings, operational eciencies, and ways to improve public services by introducing tested technologies such as electronic service delivery, document imaging, and Internet systems. b The Chief Technology Ocer, in the performance of his or her duties and functions, is authorized to restructure the organizational components of the Oce as he or she deems necessary to improve the quality of services.
0.1.1246
Applicability.
Sections 1-1402 and 1-1403 shall not apply to the Council of the District of Columbia or the Oce of the District of Columbia Auditor; provided, that the Council may enter into written agreements with the Oce of the Chief Technology Ocer to coordinate the operations of its electronic communications.
0.1.1247
Denitions.
For the purposes of this subchapter, the term: 1 Citywide Messaging program means a program conducted by the Ofce of the Chief Technology Ocer to manage the citywide e-mail system for the District government.
1000
CONTENTS
2 Citywide Security program means a program conducted by the Ofce of the Chief Technology Ocer to implement and manage information technology security infrastructure for the District government. 3 Costs includes obligations incurred before September 18, 2007. 4 DC-NET program means a program conducted by the Oce of the Chief Technology Ocer to implement and manage a state-of-the-art, beroptic network owned by the District government. 5 IT ServUs program means a program conducted by the Oce of the Chief Technology Ocer to furnish centralized procurement and management of hardware and software for desktop computer workstations and to provide desktop computer solutions and services to District government agencies. 6 Server Operations program means a program conducted by the Oce of the Chief Technology Ocer to provide centralized management of server computers that support functions of District government agencies.
0.1.1248
DC-NET Services Support Fund.
a There is established as a nonlapsing fund the DC-NET Services Support Fund, which shall be used solely to defray operational costs of the DC-NET program. The DC-NET Services Support Fund shall be funded by payments for telecommunications services furnished by the DC-NET program of the Oce of the Chief Technology Ocer from independent District government agencies, agencies of the federal government, agencies of state or local governments, nonprot entities providing health care or education services in the District of Columbia, entities outside the District government that may engage the DC-Net program to provide telecommunications services to the District of Columbia Public Schools, District of Columbia public charter schools, the District of Columbia Public Library, and any open-access public network established for the purpose of providing Internet access services to underserved residents or neighborhoods in the District. All funds collected from these sources shall be deposited into the DC-NET Services Support Fund.
1001
b All funds deposited into the DC-NET Services Support Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a scal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to scal year limitation, subject to authorization by Congress.

DC Code Title 1 DRAFT/BROKEN

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Unocial DC Code

The DC Council December 11, 2012

Government Organization. (Refs & Annos)

District created body corporate for municipal purposes.

District as successor corporation.

Former corporation continued for certain purposes.

Name of Uniontown changed to Anacostia.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Questions to be presented to electors.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Composition of convention; election of delegate candidates; compensation; oce space; appropriations.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Statehood Compact Commission.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Meetings of the Commission.

Ocers and employees.

(1) Chapter 6 of Title 1 shall not apply to employees of the Commission.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Limitations on actions; representation by Attorney General of the District of Columbia.

Establishment of Statehood Delegation Fund.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Prohibition on political activity.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Dissolution; termination of aairs.

Application of honoraria limitations.

Approval and ratication of Constitution.

0.1.33 0.1.34 0.1.35 0.1.36

Home Rule Act 40th Anniversary Celebration and Commemoration Commission.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Home Rule 40th Anniversary Celebration and Commemoration Fund.

26 B Pamphlets; C Memorabilia; or D Other material;

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Use of District funds.

This part shall expire on October 1, 2014.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Inside public buildings.

Notice to commercial property owners.

District of Columbia ocial ag.

Inclusion of DC and No Taxation Without Representation within District of Columbia ag.

Flag Design Advisory Commission.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Use of donations and grants for ag replacement.

Cherry designated ocial fruit

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Inclusion of DC and No Taxation Without Representation within District of Columbia ag.

Flag Design Advisory Commission.

Use of donations and grants for ag replacement.

Establishment of Emancipation Day Parade.

Emancipation Day Fund.

District of Columbia Home Rule. Election of the Attorney General.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Redevelopment Land Agency.

National Capital Housing Authority.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

District charter preamble.

Charter amending procedure.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)

Creation and membership.

0.1. GOVERNMENT ORGANIZATION. (REFS & ANNOS)