(a) There is established an Office of Employee Appeals (hereinafter referred to in this subchapter as the "Office"). The Office 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 effective as provided in § 1-636.02. Members of the Office 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 office of each member of the Office shall be 6 years: Except, that: (1) Of those members first 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 fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed 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 fill 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 Office shall be designated by the Mayor. The Chairperson shall be the chief executive of the Office. The Mayor shall from time to time designate 1 member as Vice Chairperson of the Office. During the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson.
(d) Three members of the Office shall constitute a quorum for the transaction of official business and the issuance of rules and regulations. The Office 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 Office or to the Superior Court of the District of Columbia at the option of any adversely affected 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 final decision of the Office. If an appeal is taken from a decision of a hearing examiner to the full Office, the decision of the hearing examiner shall be stayed pending a final decision of the Office. Upon a vote of a majority of its members, the Office may hear de novo all issues of fact or law relating to an appeal of a decision of the hearing examiner, except the Office may decide to consider only the record made before such hearing examiner. A final decision of the full Office, 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 final decision of the Office, the Court shall determine if it is supported by substantial evidence.
(e) If at any time any matter comes before the Office 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 disqualified from participation in the consideration of the matter under deliberation.
(f) Each member of the Office 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 Office. 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 Office 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 Office;
(B) Make all final decisions regarding the performance of the Office's personnel, other than for the Executive Director and General Counsel, and fiscal 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 Office.
(3) The Office shall:
(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 official records;
(D) Publish final decisions of the Office;
(E) Provide initial responses to Freedom of Information Act requests;
(F) Manage a formal system for the organization, maintenance, and disposition of Office records;
(G) Formulate and implement programs and policies that provide research assistance to the Office 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 Office and the public.
(4) The General Counsel shall:
(A) Provide legal advice to the Office; and
(B) Assist in the enforcement of orders pursuant to § 1-606.09.
(h) The Office shall be considered an independent agency for budgetary and administrative purposes.
(i)(1) The Mayor may remove any member of the Office 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.
(2) Any vacancy occurring in the Office shall be filled 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 filling a vacancy resulting from the expiration of a term of office 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 appointee's term of office 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 Office who: (1) Violates the provisions of subsection (k) of this section; (2) engages in a conflict 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 disqualification to hold office, in addition to the other punishment prescribed for such offense, shall be removed from office as provided in this section.
(k) No member of the Office may hold any other position in the District government or any subordinate position in the Office.
(l) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Office unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Office. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Office 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.
(Mar. 3, 1979, D.C. Law 2-139, § 601, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(e), 27 DCR 2632; Mar. 16, 1989, D.C. Law 7-200, § 2, 36 DCR 6; May 15, 1990, D.C. Law 8-127, § 2(b), 37 DCR 2093; Sept. 30, 2004, D.C. Law 15-189, § 2(a), 51 DCR 6734; Feb. 6, 2008, D.C. Law 17-108, § 203(c), 54 DCR 10993; Mar. 25, 2009, D.C. Law 17-353, § 223(c)(1), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.1.
1973 Ed., § 1-336.1.
Effect of Amendments
D.C. Law 15-189 rewrote subsec. (g)(1)(B) which had read as follows:
"(g)(1)(B) A General Counsel."
D.C. Law 17-108 rewrote subsec. (g)(1)(A); and added subsec. (l). Prior to amendment, subsec. (g)(1)(A) read as follows:
"(A) An Executive Director; and"
D.C. Law 17-353 validated a previously made technical correction in subsec. (l).
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.
Law 7-200 was introduced in Council and assigned Bill No. 7-564, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on December 21, 1988, it was assigned Act No. 7-265 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
Law 15-189, the "Office of Employee Appeals Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-568, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 4, 2004, and June 1, 2004, respectively. Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-456 and transmitted to both Houses of Congress for its review. D.C. Law 15-189 became effective on September 30, 2004.
For Law 17-108, see notes following § 1-209.05.
For Law 17-353, see notes following § 1-129.05.
References in Text
"The date this chapter becomes effective," referred to in (a), is March 3, 1979.
The "Freedom of Information Act", referred to in (g)(3)(E), is codified at 5 U.S.C. § 552.
(a) The Office shall have, in addition to the authority necessary and proper for carrying out its duties as specified elsewhere in this subchapter, the authority to:
(1) Appoint and remove employees of the Office, 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 Office to the Mayor and Council which should include, at a minimum, the following:
(A) The number and nature of cases heard by the Office, and the type of order issued in each case;
(B) The number of appeals heard by Office 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 Office panels) and the disposition of or status of each case; and
(D) A statement of the amount of time taken to reach a final disposition of each case brought before the Office 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 Office 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
(6) Order any agency or employee of the government of the District of Columbia to comply with an order or decision issued by the Office 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.
(Mar. 3, 1979, D.C. Law 2-139, § 602, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(c), 37 DCR 2093.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.2.
1973 Ed., § 1-336.2.
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 8-127, see Historical and Statutory Notes following § 1-606.06.
Miscellaneous Notes
Section 4 of D.C. Law 8-127 provided that the Office shall file a report on the operation of the Office with the Mayor and Council by Oct. 31, 1990. The report shall include the following:
Office of Employee Appeals Amendment Rules and Regulations Approval and Disapproval Resolution of 1992: Pursuant to Resolution 9-263, effective June 19, 1992, the Council approved, in part, and disapproved, in part, the proposed rules to amend the Office of Employee Appeals rules and regulations.
Office to file report: (1) The number of appeals filed with the Office;
(2) The number of appeals sent to arbitration;
(3) The number of decisions made by the Office;
(4) The number of backlog appeals;
(5) The costs incurred by the government of the District of Columbia for appeals sent to arbitration; and.
(6) The time taken to process all appeals within the Office and by arbitration.
(a) An employee may appeal a final agency decision affecting 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 Office upon the record and pursuant to other rules and regulations which the Office may issue. Any appeal shall be filed within 30 days of the effective date of the appealed agency action.
(b) In any appeal taken pursuant to this section, the Office shall review the record and uphold, reverse, or modify the decision of the agency. The Office may order oral argument, on its own motion or on motion filed 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 Office shall include findings 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 Office may affirm a decision without findings of fact and a written decision. Such decisions shall be published in accordance with the rules and regulations of the Office, 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 appellant's filing of the appeal with the Office. Within 45 days, excluding Saturdays, Sundays, and legal holidays, after the appeal is filed with the Office, the Office shall determine whether, in accordance with this section and the Office's own rules, the Office 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 Office and all parties to the appeal, including named parties and intervenors. The initial decision of the Hearing Examiner shall become final 35 days after issuance, unless a party files a petition for review of the initial decision with the Office within the 35-day filing period. In accordance with § 1- 604.04, the Office 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 filed under the authority of the Office. If the Office denies all petitions for review, the initial decision shall become final upon the issuance of the last denial. If the Office grants a petition for review, the subsequent decision of the Office shall be the final decision of the Office unless the decision states otherwise. Administrative remedies are considered exhausted when a decision becomes final in accordance with this section.
(d) Any employee or agency may appeal the decision of the Office to the Superior Court of the District of Columbia for a review of the record and such Court may affirm, reverse, remove, or modify such decision, or take any other appropriate action the Court may deem necessary.
(Mar. 3, 1979, D.C. Law 2-139, § 603, 25 DCR 5740; May 15, 1990, D.C. Law 8-127, § 2(d), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(1), 45 DCR 2464; June 19, 2001, D.C. Law 13-313, § 2(b), 48 DCR 1873; May 18, 2004, D.C. Law 15-162, § 2(a), 51 DCR 3628; Sept. 30, 2004, D.C. Law 15-189, § 2(b), 51 DCR 6734.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.3.
1973 Ed., § 1-336.3.
Effect of Amendments
D.C. Law 13-313, in subsec. (a), deleted "or a reduction-in-force (pursuant to subchapter XXIV of this chapter" following "(pursuant to subchapter XVI-A of this chapter),".
D.C. Law 15-162, in subsec. (a), substituted "reduction in grade, placement on enforced leave," for "reduction in grade,".
D.C. Law 15-189, in subsec. (a), added ", reduction in force (pursuant to subchapter XXIV of this chapter)" after "that results in removal".
Emergency Act Amendments
For temporary amendment of section, see § 101(d) of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Act 12-326, April 1, 1998, 45 DCR 2464).
For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).
For temporary (90-day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Emergency Amendment Act of 2000 (D.C. Act 13-430, August 14, 2000, 47 DCR 7459).
For temporary (90 day) amendment of section, see § 3 of the Safe Teenage Driving and Merit Personnel Technical Amendment Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-489, December 18, 2000, 48 DCR 43).
For temporary (90 day) amendment of section, see § 3 of Safe Teenage Driving and Merit Personnel Technical Amendment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-30, April 2, 2001, 48 DCR 3336).
For temporary (90 day) amendment of section, see § 2(a) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
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 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 Law 13-313, see notes following § 1-307.67.
Law 15-162, the "Enforced Leave Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-391, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 3, 2004, and March 2, 2004, respectively. Signed by the Mayor on March 18, 2004, it was assigned Act No. 15-397 and transmitted to both Houses of Congress for its review. D.C. Law 15-162 became effective on May 18, 2004.
For Law 15-189, see notes following § 1-606.01.
Miscellaneous Notes
Applicability of § 101(d) 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. 2861-596, 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."
(a) The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings affecting individual employees whose removal is proposed or effected 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 specific 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 employee's conduct threatens the integrity of government operations, constitutes an immediate hazard to the agency, to other 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 effected 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 affidavits 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 officer appointed by the agency head of a proposed removal action or a removal action pursuant to § 1-616.51(5) including the employee's 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 Office as provided in this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 604, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(d)(2), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(g), 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.4.
1973 Ed., § 1-336.4.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), substituted "subchapter XVII-A" for "subchapter XVII".
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 12-124, see Historical and Statutory Notes following § 1-603.01.
For Law 13-91, see notes following § 1-602.03.
Delegation of Authority
Delegations and sub-delegations of authority--Director of Personnel, Chief of Police, and Agency Heads--Rescission of Mayor's Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor's Order 97-88, see Mayor's Order 2000-83, May 30, 2000 (47 DCR 4956).
Miscellaneous Notes
Applicability of § 101(d) 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 this 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."
The officers 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 staff employee personnel appeals as mandated in § 1- 606.04(a).
(Oct. 24, 1981, D.C. Law 4-48, § 6, 28 DCR 4276; Apr. 30, 1988, D.C. Law 7-104, § 31, 35 DCR 147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.5.
Legislative History of Laws
Law 4-48 was introduced in Council and assigned Bill No. 4-176, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on June 30, 1981 and July 14, 1981, respectively. Signed by the Mayor on August 6, 1981, it was assigned Act No. 4-83 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 1-604.08.
(a) The Office 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 final and binding resolution of the appeal, and the Hearing Examiner shall dismiss the appeal with prejudice.
(Mar. 3, 1979, D.C. Law 2-139, § 605, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(3), 45 DCR 2464; Sept. 14, 2011, D.C. Law 19-21, § 1042, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.6.
Effect of Amendments
D.C. Law 19-21 rewrote subsec. (a), which had read as follows:
"(a) The Office may, in its discretion, develop a mediation program."
Legislative History of Laws
Law 8-127 was introduced in Council and assigned Bill No. 8-482, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 13, 1990, and February 27, 1990, respectively. Signed by the Mayor on March 15, 1990, it was assigned Act No. 8-180 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For history of Law 19-21, see notes under § 1-301.01.
Miscellaneous Notes
Applicability of § 101(d) 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 this 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. 2861-596, 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."
Short title: Section 1041 of D.C. Law 19-21 provided that subtitle D of title I of the act may be cited as "Office of Employee Appeals Mandatory Mediation Amendment Act of 2011".
(a) The parties may agree in writing to arbitrate the dispute rather than have the Office 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 filed with the Office. Failure to reach an agreement to arbitrate shall result in the appeal being adjudicated by the Office.
(b) If the parties agree to arbitrate the dispute, the Office 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.
(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 filing fee and the costs of the arbitration, including the arbitrator's 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 filing 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 sufficient 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.
(Mar. 3, 1979, D.C. Law 2-139, § 606, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093; Apr. 12, 2000. D.C. Law 13-91, § 105, 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.7.
Effect of Amendments
D.C. Law 13-91, in subsec. (c), in the second sentence, substituted "§ 1- 617.52(d)" for "§ 1-617.3(d)".
Legislative History of Laws
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
For Law 13-91, see notes following § 1-602.03.
(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.
(Mar. 3, 1979, D.C. Law 2-139, § 607, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093; June 28, 2002, D.C. Law 14-166, § 2, 49 DCR 4471.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.8.
Effect of Amendments
D.C. Law 14-166 designated subsec. (a) and added subsec. (b).
Legislative History of Laws
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
Law 14-166, the "Office of Employee Appeals Attorney Fees Clarification Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-29, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 5, 2002, and April 9, 2002, respectively. Signed by the Mayor on April 30, 2002, it was assigned Act No. 14-355 and transmitted to both Houses of Congress for its review. D.C. Law 14-166 became effective on June 28, 2002.
Editor's Notes
Pursuant to its own terms, subsection (b) expired one year after June 28, 2002.
Miscellaneous Notes
Section 7034 of D.C. Law 17-219 repealed section 3 of D.C. Law 14-166.
If the Office determines that the respondent has not complied with an order within 30 calendar days of service of the order, the Office shall certify the matter to the General Counsel and any agency that may be appropriate for enforcement.
(Mar. 3, 1979, D.C. Law 2-139, § 608, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.9.
Legislative History of Laws
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
(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 affected person. An order closing the hearing shall set forth the reasons for the Hearing Examiner's decision. Any objection to closing the hearing shall be made part of the record.
(b) A vote or decision on the appeal by the Office shall be made in public, pursuant to § 2-504.
(Mar. 3, 1979, D.C. Law 2-139, § 609, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.10.
Legislative History of Laws
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
Within 45 days of May 15, 1990, the Office shall, pursuant to § 1-606.02, issue proposed rules to implement the provisions of §§ 1-604.06, 1- 606.01, 1-606.03(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.
(Mar. 3, 1979, D.C. Law 2-139, § 610, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-606.11.
Legislative History of Laws
For legislative history of D.C. Law 8-127, see Historical and Statutory Notes following § 1-606.06.
