The qualifications for each Excepted Service position shall be developed and issued by the appropriate personnel authority in consultation with the Mayor. Each employee appointed in the Excepted Service (except those included in § 1-609.08) must be well qualified for the position to which he or she is appointed. Each personnel authority may fill positions in the Excepted Service as provided in this subchapter. Excepted Service employees may be hired noncompetitively. Persons appointed to the Excepted Service are not in the Career, Educational, Executive, Management Supervisory or Legal Service.
(Mar. 3, 1979, D.C. Law 2-139, § 901, 25 DCR 5740; Apr. 20, 1999, D.C. Law 12-260, § 2(d), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(j), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(b), 59 DCR 461.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.1.
1973 Ed., § 1-339.1.
Effect of Amendments
D.C. Law 13-91, in the fifth sentence, inserted "Executive,".
D.C. Law 19-115 substituted "must be well qualified" for "must meet the minimum standards prescribed".
Emergency Act Amendments
For temporary amendment of section, see § 2(d) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
For history of Law 19-115, see notes under § 1-608.01.
(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:
(1) Whose primary duties are of a policy determining, confidential, or policy advocacy nature; and
(2) Who either reports directly to the head of an agency or is placed in the Executive Office of the Mayor or the Office of the City Administrator.
(b) No person holding an Excepted Service appointment pursuant to § 1-609.03 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 qualified.
(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.
(Mar. 3, 1979, D.C. Law 2-139, § 902, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(i), 27 DCR 2632; June 10, 1998, D.C. Law 12-124, § 101(g), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(c), 59 DCR 461; Sept. 20, 2012, D.C. Law 19-168, § 1092(a), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.2.
1973 Ed., § 1-339.2.
Effect of Amendments
D.C. Law 19-115 rewrote the section, which formerly read:
"Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 is intended to be an individual whose primary duties are of a policy determining, confidential, or policy advocacy character and who reports directly to the head of an agency. No person holding an Excepted Service appointment pursuant to §§ 1-609.03 or 1-609.08 may be appointed to a position in the Career, Management Supervisory, or Educational Service during the 6 month period immediately preceding a Mayoral election. However, upon termination, a person with Career or Educational Service status may retreat, at the discretion of the terminating personnel authority, within 3 months to a vacant position in such service for which he or she is qualified. The provisions of this section shall not apply to employees of the Council of the District of Columbia."
D.C. Law 19-168 added subsec. (d).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 1092(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 3-81, see Historical and Statutory Notes following § 1-602.02.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For history of Law 19-115, see notes under § 1-608.01.
For history of Law 19-168, see notes under § 1-137.01.
Miscellaneous Notes
Short title: Section 1091 of D.C. Law 19-168 provided that subtitle I of title I of the act may be cited as "Merit Personnel Clarification and Leave Restoration Amendment Act of 2012".
(a) Under qualifications issued pursuant to § 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:
(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 Office of the Mayor or the Office of the City Administrator;
(2) The Members of the Council of the District of Columbia may appoint persons to their staffs, 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 officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition 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.
(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% of the rate of basic pay in any year. Such exceptional service incentives may be paid only when the Excepted Service employee is bound by a performance contract that clearly identifies measurable goals and outcomes and the employee has exceeded contractual expectations in the year for which the incentive is paid.
(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 individual's employment with the District government as follows:
Length of Employment Maximum Severance
Up to 6 months 2 weeks of the employee's basic pay
6 months to 1 year 4 weeks of the employee's basic pay
1 to 3 years 8 weeks of the employee's basic pay
More than 3 years 10 weeks of the employee's basic pay.
(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-fill 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.
(2) In no event shall the sum of pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10% of the appointee's salary, whichever is less.
(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).
(Mar. 3, 1979, D.C. Law 2-139, § 903, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(b), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(i), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(b), 34 DCR 670; Aug. 1, 1996, D.C. Law 11-152, § 302(h), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(h), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 302, 45 DCR 7193; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Mar. 7, 2000, D.C. Law 13-52, § 2, 46 DCR 9911; Oct. 19, 2000, D.C. Law 13-172, § 2402(a), 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, §§ 1002, 1507(a)(2), 3803(b), 48 DCR 6981; Sept. 30, 2004, D.C. Law 15-190, § 3(b), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, § 110(c), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(b), 53 DCR 4709; Mar. 20, 2008, D.C. Law 17-122, § 2(b), 55 DCR 1506; Mar. 14, 2012, D.C. Law 19-115, § 2(d), 59 DCR 461.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.3.
1973 Ed., § 1-339.3.
Effect of Amendments
D.C. Law 13-27 added subsec. (h).
D.C. Law 13-52, in subsec. (f), added "provided that, the individual has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head's basic pay".
D.C. Law 13-172, in subsec. (a), inserted par. (3A).
D.C. Law 14-28, in subsec. (a)(2), substituted a period for a semicolon at the end of the third sentence and inserted "In addition to the 220 Excepted Service positions, and notwithstanding any other law or regulation, the Chief of the Fire and Emergency Medical Services Department may designate up to 11 positions as Excepted Service policy positions, no more than 4 of which may be filled by sworn members;"; and added subsecs. (a)(6B) and (6C).
D.C. Law 15-190, in par. (6C) of subsec. (a), substituted "District of Columbia Sentencing Commission" for "Advisory Commission on Sentencing".
D.C. Law 16-91, in subsec. (a)(3), substituted "General Counsel and those in the Legal Service" for "General Counsel"; and repealed subsec. (a)(6), which had read as follows:
"(6) The District of Columbia General Hospital Commission may appoint 10 persons;"
D.C. Law 16-126, in subsec. (a)(6C), substituted "Sentencing and Criminal Code Revision Commission" for "Sentencing Commission".
D.C. Law 17-122 rewrote subsec. (a)(4), which had read as follows:
"(4) The District of Columbia Board of Education may appoint 25 persons;"
D.C. Law 19-115 rewrote subsecs. (a), (c), (f), and (g) which formerly read:
"(a) Under qualifications issued pursuant to § 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:
"(1) The Mayor may appoint persons to serve as his or her personal staff, to be paid from funds appropriated for the Office of the Mayor;Reasonable pre-employment travel expenses;
"(2) The Mayor may appoint persons to 220 positions, of which 60 may be allotted to and designated by the Office of the Inspector General. In a control year, a maximum of 20 positions subject to appointment by the Mayor shall be allocated to and designated by the Office of the Chief Financial Officer. In addition to the 220 Excepted Service positions, the Chief of Police may designate up to 1% of the total number of authorized positions within the Metropolitan Police Department as Excepted Service policy positions, no more than 10 of which may be filled by sworn members or officers. In addition to the 220 Excepted Service positions, and notwithstanding any other law or regulation, the Chief of the Fire and Emergency Medical Services Department may designate up to 11 positions as Excepted Service policy positions, no more than 4 of which may be filled by sworn members;
"(3) The District of Columbia Auditor may appoint 4 persons;
"(4)(A) The Mayor may appoint 25 persons to the District of Columbia Public Schools; provided, that each person appointed pursuant to this paragraph shall be domiciled in the District within 180 days of appointment and shall remain domiciled in the District of Columbia throughout the term of his or her appointment.
"(B) The Mayor shall make his or her best efforts to ensure ward diversity in the appointments.
" (5) The Board of Trustees of the University of the District of Columbia may appoint officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service;
"(6) Repealed.
"(6A) The District of Columbia Lottery and Charitable Games Control Board ("Board") may appoint 6 persons who report directly to either the Executive Director or Deputy Director, or who head major units of the Board;
"(6B) All employees of the Criminal Justice Coordinating Council, who shall report directly to the Executive Director or to the Chairman of the Criminal Justice Coordinating Council;
"(6C) The District of Columbia Sentencing and Criminal Code Revision Commission ("Commission") may appoint 6 persons who shall report directly to the Executive Director, or to the Chairman of the Commission;
"(7) Each other personnel authority not expressly designated above may appoint 2 persons; and
"(8) Repealed."
"(c) Each personnel authority vested with authority in subsection (a) of this section shall publish in the District of Columbia Register within 15 days of March 3, 1979, a list of all positions to be filled by Excepted Service appointments under the authority of this section. Such notice shall also include a complete statement of position qualifications, standards and the proposed salary range for each position. Within 45 days of actual appointment, the names of all persons appointed to Excepted Service positions under the authority of this section shall be published in the District of Columbia Register. Thereafter, any changes in such appointments shall be published in the District of Columbia Register within 45 days after the actual change in appointment."
"(f) An individual appointed to the Excepted Service pursuant to this section or § 1-609.08 shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons; provided that, the individual 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 employee's basic pay."
"(g) 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-fill Excepted Service position at a DS-11 or above:
"(1) Reasonable pre-employment travel expenses;
"(2) 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
"(3) 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."
Temporary Amendments of Section
For temporary (225 day) amendment of section and repeal of Law 11-156, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1996 (D.C. Law 11-263, April 25, 1997, law notification 44 DCR 2861).
For temporary (225 day) amendment of section, see § 2 of Designation of Excepted Services Positions Temporary Amendment Act of 1998 (D.C. Law 12-148, September 18, 1997, law notification 45 DCR 6945).
For temporary (225 day) amendment of section, see § 2 of Fire/EMS Excepted Service Designation Temporary Amendment Act of 2001 (D.C. Law 13-290, April 27, 2001, law notification 48 DCR 4071).
Emergency Act Amendments
For the temporary repeal of the Excepted Services Designation Temporary Amendment Act of 1996 (D.C. Law 11-156, September 20, 1996), see § 3 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199).
For temporary amendment of section, see § 2 of the Designation of Excepted Service Positions Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-50, March 31, 1997, 44 DCR 2199), and see § 2 of the Designation of Excepted Service Positions Emergency Amendment Act of 1998 (D.C. Act 12-348, May 6, 1998, 45 DCR 2999).
For temporary amendment of section, see § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12- 381, June 22, 1998, 45 DCR 4474).
For temporary amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).
For the temporary repeal of § 2(a) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (Enrolled Bill 12-653), see § 103 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 103 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).
For temporary (90-day) amendment of section, see § 102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).
For temporary (90-day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 2402(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 2 of the Fire/EMS Excepted Service Designation Emergency Amendment Act of 2000 (D.C. Act 13-584, January 31, 2001, 48 DCR 1927).
For temporary (90 day) amendment of section, see §§ 902, 1407(a)(2), and 3403(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14- 124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).
For temporary (90 day) amendment of section, see § 3(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).
For temporary (90 day) amendment of section, see § 2(b) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).
For temporary (90 day) amendment of section, see § 2 of Severance Pay Limitation Emergency Amendment Act of 2010 (D.C. Act 18-666, December 29, 2010, 58 DCR 93).
For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 5-24, see Historical and Statutory Notes following § 1-604.06.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.
For legislative history of D.C. Law 6-205, see Historical and Statutory Notes following § 1-604.06.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
Law 11-156, the "Excepted Service Positions Designation Temporary Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-685. The Bill was adopted on first and second readings on May 7, 1996, and June 4, 1996, respectively. Signed by the Mayor on June 17, 1996, it was assigned Act No. 11-284 and transmitted to both Houses of Congress for its review. D.C. Law 11- 156 became effective on September 20, 1996.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For legislative history of D.C. Law 12-175, see Historical and Statutory Notes following § 1-603.01.
Law 13-27, the "Metropolitan Police Department Excepted Service Sworn Employees' Compensation System Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-115, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 13, 1999, and May 4, 1999, respectively. Signed by the Mayor on May 20, 1999, it was assigned Act No. 13-86 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on September 10, 1999.
Law 13-52, the "Separation Pay Adjustment Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-235, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on July 6, 1999, and September 21, 1999, respectively. Signed by the Mayor on October 1, 1999, it was assigned Act No. 13-147 and transmitted to both Houses of Congress for its review. D.C. Law 13-52 became effective on March 7, 2000.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For Law 14-28, see notes following § 1-604.06.
For Law 15-190, see notes following § 1-604.06.
For Law 16-91, see notes following § 1-301.45.
For Law 16-126, see notes following § 1-604.06.
For Law 17-122, see notes following § 1-608.01a.
For history of Law 19-115, see notes under § 1-608.01.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Applicability of § 101(h) of D.C. Law 12-124: Section 401(c) of D.C. Law 12- 124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
Applicability: Section 4 of D.C. Law 16-126 provides: 'This act shall apply as of January 1, 2007."
Section 4 of D.C. Law 19-115 provides:
"Sec. 4. Applicability.
"Section 2(d) shall apply as of January 1, 2013."
Special noncompetitive appointments may be made to positions provided under the authority of this section. Such positions are covered by the provisions of § 1-609.02 relating to the Excepted Service positions. The nature of the appointment must be made known to the employee prior to effecting the appointment.
(1) Individuals appointed to positions created under public employment programs established by law.
(2) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, ex-offender or other disadvantaged groups.
(3) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970 (84 Stat. 1901, Pub. L. 91-648).
(4) Positions established under federal grant funded programs having a limited or indefinite duration, provided state merit requirements are not applicable; provided, however, that this paragraph shall not apply to any employees of the Board of Education or of the Trustees of the University of the District of Columbia.
(5) Positions established to employ professional, scientific, or technical experts or consultants.
(6) Positions established under cooperative educational and study programs.
(Mar. 3, 1979, D.C. Law 2-139, § 904, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(j), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(i), 43 DCR 2978; Apr. 24, 2007, D.C. Law 16-305, § 3(f), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.4.
1973 Ed., § 1-339.4.
Effect of Amendments
D.C. Law 16-305, in par. (2), substituted "persons with disabilities" for "developmentally disabled or handicapped persons".
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
For Law 16-305, see notes following § 1-307.02.
Delegation of Authority
Delegation of authority for Summer Youth Employment Program participants, see Mayor's Order 83-131, May 24, 1983; Mayor's Order 84-86, April 6, 1984.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Employees in the Excepted Service (other than those appointed under the authority of § 1-609.04) do not have any job tenure or protection. After 1 year of average or above average performance as determined under subchapter XIII-A of this chapter, persons appointed under the authority of this subchapter shall be entitled to a notice of at least 15 days when termination is contemplated, which may state the reason therefor. The employee does not have any right to appeal the termination. All other provisions of this chapter apply to Excepted Service employees: Except, that persons employed by the Council of the District of Columbia by personnel authorities identified in § 1-604.06(b)(3)(B) may have their employment relationship terminated by the member or chairperson of a committee of the Council of the District of Columbia employing them without further review by way of grievance or adverse action administrative appeals.
(Mar. 3, 1979, D.C. Law 2-139, § 905, 25 DCR 5740; June 11, 1981, D.C. Law 4-7, § 4, 28 DCR 1672; Apr. 12, 2000. D.C. Law 13-91, § 103(k), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(c), 49 DCR 8140.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.5.
1973 Ed., § 1-339.5.
Effect of Amendments
D.C. Law 13-91, in the second sentence, substituted "subchapter XIV-A" for "subchapter XV".
D.C. Law 14-213 substituted "termination is contemplated, which may state the reason therefor" for "termination of service prior to the expiration date of appointment is contemplated, explaining the reason therefor".
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 4-7, see Historical and Statutory Notes following § 1-611.16.
For Law 13-91, see notes following § 1-602.03.
For Law 14-213, see notes following § 1-603.01.
(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 fide 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 affirmative 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 fulfill the requirements of subsection (d) of this section by filing a sworn affidavit with the Office of Personnel or other appropriate personnel authority, that affirms the employee has undertaken affirmative 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 filed with the United States Postal Service containing the address of the employee's 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 employee's 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 employee's 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;
(D) 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 employee's principal place of residence;
(F) Professional dues statements mailed to the employee's principal place of residence in the District of Columbia;
(G) A sworn affidavit from the employee that the administration of the employee's estate is subject to District of Columbia probate and estate taxes;
(H) Credit card or brokerage account statements mailed to the employee's 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 employee's principal place of residence in the District of Columbia, or an executed lease for the employee's principal place of residence in the District of Columbia; and
(K) A sworn affidavit from the employee that the employee's 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 fill positions.
(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 fill 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 specified 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 effect at the time of hiring, and any waivers of the residency requirement previously granted to the person shall continue in effect. The requirements of D.C. Law 14-185, shall only apply to persons hired after October 1, 2002.
(i)(1) The Office of the Inspector General shall meet the definitions of "hard to fill" position or "exceptional circumstances" to receive a waiver of the District of Columbia's residency and domicile laws for new hires.
(2) For the purposes of this subsection, the term:
(A) "Hard to fill 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 qualification 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 fill 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 Office of Personnel shall have the authority to grant the Office of the Inspector General waivers of the domicile requirement for new positions or hires in the Office of the Inspector General when those positions or hires present exceptional circumstances or for appointees or hires in hard to fill positions.
(Mar. 3, 1979, D.C. Law 2-139, § 906, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(c), 36 DCR 450; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101- 518, § 136(a); Mar. 27, 1997, 111 Stat. 14, Pub. L. 105-7, § 2; June 10, 1998, D.C. Law 12-124, § 101(i), 45 DCR 2464; July 24, 1998, D.C. Law 12- 138, § 2(d), 45 DCR 2972; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105- 277, § 153; Apr. 12, 2000. D.C. Law 13-91, § 158(a), 47 DCR 520; Oct. 1, 2002, D.C. Law 14-185, § 2(b), 49 DCR 6073; Oct. 1, 2002, D.C. Law 14-190, § 4002, 49 DCR 6968; Oct. 19, 2002, D.C. Law 14-213, § 43, 49 DCR 8140; Mar. 25, 2009, D.C. Law 17-353, § 314, 56 DCR 1117; Mar. 14, 2012, D.C. Law 19-115, § 2(e), 59 DCR 461.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.6.
1973 Ed., § 1-339.6.
Effect of Amendments
Pub.L. 105-277, Div. A, § 101(c) [§ 153], Oct. 21, 1998, 112 Stat. 2681-146, repealed D.C. Law 12-138, which had repealed subsec. (c) of this section.
D.C. Law 13-91, in subsec. (a), in the first sentence, substituted "subsection (c), subsection (d), or subsection (e) of this section" for "subsection (c) or subsection (d)".
D.C. Law 14-185 rewrote the section which had read as follows:
"(a) Except as provided in subsection (c), subsection (d), or subsection (e) of this section and notwithstanding any provision of § 2-1401.01 et seq., any person who applies for a position in the Excepted Service and who accepts appointment or is hired to fill a position in the Excepted Service shall become a bona fide resident of the District within 180 days of the effective date of the appointment, and shall maintain this residence 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.
"(b) A person hired in the Excepted Service prior to March 16, 1989, who was required to be or become a District resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by the residency requirement after March 16, 1989.
"(c) Subsections (a) and (b) shall not apply to any person applying for or accepting any position in the Excepted Service as an attorney, and such person shall be covered by the provisions of § 1-608.01(e).
"(d) At the request of the Inspector General (as described in § 2-302.08(a)), the Director of Personnel may waive the application of subsections (a) and (b) to employees of the Office of the Inspector General.
"(e) The Director of Personnel may waive the residency requirement in subsection (a) of this section for any individual appointed to a hard-to-fill position under § 1-609.03(a)(1) or (2)."
D.C. Law 14-190 added subsec. (i).
D.C. Law 14-213, in subsec. (c)(2), substituted "Office of Personnel or other appropriate personnel authority" for "Office of Personnel, or its designee"; in subsec. (g)(2), substituted "The Mayor shall transmit" for "The Office of Personnel shall transmit".
D.C. Law 17-353, in subsec. (f), inserted "prior to March 25, 2009" in the first sentence.
D.C. Law 19-115 repealed subsec. (f), which formerly read:
"(f) Subsections (a) through (e) of this section shall not apply to any person applying for, or accepting, a position in the Excepted Service as an attorney prior to March 25, 2009. The person shall be covered by the provisions of § 1- 608.01(e)."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3902 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 7-203, see Historical and Statutory Notes following § 1-608.01.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For legislative history of D.C. Law 12-138, see Historical and Statutory Notes following § 1-608.01.
For Law 13-91, see notes following § 1-602.03.
For Law 14-185, see notes following § 1-603.01.
For Law 14-190, see notes following § 1-301.131.
For Law 14-213, see notes following § 1-603.01.
For Law 17-353, see notes following § 1-129.05.
For history of Law 19-115, see notes under § 1-608.01.
Effective Dates
Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March 16, 1989).
References in Text
Section 2(b) of D.C. Law 14-185, referred to in subsec. (h), is the Excepted and Executive Service Domicile Requirement Amendment Act of 2002, effective October 1, 2002 (49 DCR 6073).
Miscellaneous Notes
Repeal of Law 12-138: Section 153 of Pub. L. 105-277 repealed D.C. Law 12-138.
District of Columbia Inspector General Improvement Act of 1997: Section 1 of Pub. L. 105-7, 111 Stat. 14, provided that the act may be cited as the "District of Columbia Inspector General Improvement Act of 1997."
Short title of title XL of Law 14-190: Section 4001 of D.C. Law 14-190 provided that title XL of the act may be cited as the Office of Inspector General Domiciliary Amendment Act of 2002.
Persons holding nontemporary appointments in the District of Columbia government, paid from appropriations made to the Office of the Mayor, may, on January 2, 1979, be reassigned to other offices or agencies of the District government. Persons holding appointments in the District of Columbia government, paid from appropriations made to the Council of the District of Columbia and classified as a GS-10 or less under § 5332 of Title 5 of the United States Code and whose position would not be in the Excepted Service under the provisions of this subchapter on January 1, 1980, shall be appointed to the Career Service created in subchapter VIII of this chapter, if such incumbent is found to possess the minimal qualifications for the position to which he or she is appointed.
(Mar. 3, 1979, D.C. Law 2-139, § 907, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.7.
1973 Ed., § 1-339.7.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
The following employees of the District shall be deemed to be in the Excepted Service. Their terms of office 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;
(8) Executive Director of the Public Employee Relations Board;
(9) Secretary to the Council;
(10) Repealed;
(11) Repealed;
(12) Executive Director of the Office of Employee Appeals;
(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 Office of Administrative Hearings; and
(16) The Chief Tenant Advocate of the Office of the Tenant Advocate.
(Mar. 3, 1979, D.C. Law 2-139, § 908, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(c), 30 DCR 3341; Feb. 28, 1987, D.C. Law 6-205, § 2(c), 34 DCR 670; May 15, 1990, D.C. Law 8-127, § 2(f), 37 DCR 2093; June 10, 1998, D.C. Law 12-124,§ 101(j), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(e), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(l), 47 DCR 520; Mar. 6, 2002, D.C. Law 14-76, § 23(a), 48 DCR 11442; Oct. 20, 2005, D.C. Law 16-33, § 2069, 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.8.
1973 Ed., § 1-339.8.
Effect of Amendments
D.C. Law 13-91 repealed pars. (4) and (10), which read:
"(4) People's Counsel of the District of Columbia;"
"(10) General Counsel to the Council;"; and in par. (13), added "and".
D.C. Law 14-76 added par. (15).
D.C. Law 16-33, in subsec. (a), substituted a semicolon for "; and" at the end of the paragraph; in subsec. (b), substituted "; and" for period at the end of the paragraph; and added subsec. (c).
Emergency Act Amendments
For temporary amendment of section, see § 2(e) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 2(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
For temporary (90 day) amendment of section, see § 2069 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 5-24, see Historical and Statutory Notes following § 1-604.06.
For legislative history of D.C. Law 6-205, see Historical and Statutory Notes following § 1-604.06.
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
Law 14-76, the "Office of Administrative Hearings Establishment Act of 2001", was introduced in Council and assigned Bill No. 14-208, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 2, 2001, and November 6, 2001, respectively. Signed by the Mayor on November 29, 2001, it was assigned Act No. 14-196 and transmitted to both Houses of Congress for its review. D.C. Law 14-76 became effective on March 6, 2002.
For Law 16-33, see notes following § 1-617.17.
(Mar. 3, 1979, D.C. Law 2-139, § 909, as added Aug. 7, 1980, D.C. Law 3- 81, § 2(j), 27 DCR 2632; Apr. 20, 1999, D.C. Law 12-260, § 2 (f), 46 DCR 1318.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.9.
Emergency Act Amendments
For temporary repeal of section, see § 2(f) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
