There is established within the District government the Management Supervisory Service to ensure that each agency has the highest quality managers and supervisors who are responsive to the needs of the government. Persons appointed to the Management Supervisory Service are not in the Career, Educational, Excepted, Executive, or Legal Service.
(Mar. 3, 1979, D.C. Law 2-139, § 951, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(g), 46 DCR 1318.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.51.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).
Emergency Act Amendments
For temporary amendment of section, see § 2(g) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).
Legislative History of Laws
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.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: Section 401(a) of D.C. Law 12- 124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of the act shall apply upon the enactment of legislation by the United States Congress that states the following:
"Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law."
Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that "Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law."
Construction of Law 12-124: Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47- 395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
(a) Each individual (except for employees appointed pursuant to §§ 1-609.01 to 1-609.08 or subchapters VIII-A, VIII-B, or X-A of this chapter, employees of the Board of Education, employees of the Board of Trustees of the University of the District of Columbia, and uniformed members of the Metropolitan Police Department or the D.C. Fire and Emergency Medical Services Department) who meets the definition of "management employee" pursuant to § 1-614.11(5) shall be in the Management Supervisory Service.
(b) Consistent with the provisions of subchapter XVII of this chapter, any individual occupying a position included in a recognized collective bargaining unit shall not be included in the Management Supervisory Service.
(Mar. 3, 1979, D.C. Law 2-139, § 952, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(h), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 108(a), 47 DCR 520; June 24, 2000, D.C. Law 13-132, § 2(a), 47 DCR 2694.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.52.
Effect of Amendments
D.C. Law 13-91 substituted "XI-A of this chapter" for "XI of this chapter".
D.C. Law 13-132 designated the existing text as subsec. (a), and added subsec. (b).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).
Emergency Act Amendments
For temporary amendment of section, see § 2(h) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).
For temporary (90-day) amendment of section, see § 2(a) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).
Legislative History of Laws
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 13-132, the "Management Supervisory Service Exclusion Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-441, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 22, 2000, it was assigned Act No. 13-302 and transmitted to both Houses of Congress for its review. D.C. Law 13-132 became effective on June 24, 2000.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
Appointments by the personnel authority shall be made on the basis of merit from among the highest qualified applicants, based on specific job requirements. Examining procedures shall be designed to achieve the maximum objectivity, reliability, and validity.
(Mar. 3, 1979, D.C. Law 2-139, § 953, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.53.
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
(a) An appointment to a position in the Management Supervisory Service shall be an at-will appointment. Management Supervisory Service employees shall be given a 15-day notice prior to termination. Upon termination, a person with Career or Educational Service status, or with Excepted Service status due to appointment as an attorney pursuant to § 1-609.09, may retreat, at the discretion of the personnel authority, within 3 months of the effective date of the termination, to a vacant position within the agency to which he or she was promoted for which he or she is qualified.
(b) An individual appointed to the Management Supervisory Service pursuant to this section may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual's employment with the District government as follows:
Length of Employment Maximum Severance
Up to 6 months 2 weeks of the employee's basic pay
6 months to 1 year 4 weeks of the employee's basic pay
1 to 3 years 8 weeks of the employee's basic pay
More than 3 years 10 weeks of the employee's basic pay.
(Mar. 3, 1979, D.C. Law 2-139, § 954, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; Mar. 14, 2012, D.C. Law 19-115, § 2(f), 59 DCR 461.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.54.
Effect of Amendments
D.C. Law 19-115 repealed subsec. (b), which formerly read:
"(b) Employees appointed to the Management Supervisory Service shall be given severance pay in accordance with subchapter XI of this chapter upon separation for non-disciplinary reasons."
Legislative History of Laws
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.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
Management Supervisory Service employees shall be required to maintain and enhance their management and supervisory skills.
(Mar. 3, 1979, D.C. Law 2-139, § 955, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.55.
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
A pay schedule shall be developed by the Mayor following a classification and compensation study for the Management Supervisory Service.
(Mar. 3, 1979, D.C. Law 2-139, § 956, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.56.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Temporary Amendment Act of 1999 (D.C. Law 13-70, October 25, 1999, law notification 47 DCR 2627).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (D.C. Act 13-153, October 22, 1999, 46 DCR 8866).
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
(Mar. 3, 1979, D.C. Law 2-139, § 957, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.57.
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
(a) Persons currently holding appointments to positions in the Career Service who meet the definition of "management employee" as defined in § 1-614.11(5) shall be appointed to the Management Supervisory Service unless the employee declines the appointment. Persons declining appointment shall have priority for appointment to the Career Service if a vacant position for which they qualify is available within the agency and is acceptable to the employee. If no such vacant position is available, a 30-day separation notice shall be issued to the employee, who shall be entitled to severance pay in the manner provided by § 1-624.09.
(b) A person currently holding an appointment to a position in the Excepted Service pursuant to § 1-609.03(a) who meets the definition of "management employee" as defined in § 1-614.11(5) may, at the discretion of the personnel authority, be appointed noncompetitively to the Management Supervisory Service unless the employee declines the appointment. A person declining appointment shall be entitled to a written 15-day separation notice and shall be paid separation pay in accordance with section § 1-609.03(f).
(Mar. 3, 1979, D.C. Law 2-139, § 958, as added June 10, 1998, D.C. Law 12-124, § 101(k), 45 DCR 2464; June 24, 2000, D.C. Law 13-132, § 2(b), 47 DCR 2694.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-610.58.
Effect of Amendments
D.C. Law 13-132 designated the existing text as subsec. (a); in subsec. (a) as so designated, in the last sentence, added ", who shall be entitled to severance pay in the manner provided by section 2407"; and added subsec. (b).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Management Supervisory Service Exclusion Temporary Amendment Act of 1999 (D.C. Law 13-86, April 12, 2000, law notification 47 DCR 2837).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Emergency Amendment Act of 1999 (the 2nd) (D.C. Act 13-197, December 1, 1999, 46 DCR 10442).
For temporary (90-day) amendment of section, see § 2(b) of the Management Supervisory Service Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-283, March 7, 2000, 47 DCR 2029).
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For Law 13-132, see notes following § 1-609.52.
Miscellaneous Notes
Applicability of § 101(k) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-609.51.
