Subchapter X-A. Executive Service.


  • Current through October 23, 2012
  • (a) An Executive Service is established to ensure that the executive management of the District of Columbia government is responsive to the needs of the citizens and the goals of the government. Persons serving in the Executive Service shall assist the Mayor in advancing program responsibilities of the District government.

    (b) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service pursuant to § 1-523.01. Individuals appointed to the Executive Service, other than the Chief Procurement Officer, shall serve at the pleasure of the Mayor.

    (c) The compensation and benefits system for the Executive Service is designed to attract and retain the highest caliber public administrators, who shall be accountable for the effective and efficient management of subordinate agencies.

    (d) Except as otherwise provided by law, the provisions of this subchapter shall apply to persons appointed by the Mayor to serve as Chief of Police and Fire Chief.

    (Mar. 3, 1979, D.C. Law 2-139, § 1051, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; May 13, 2008, D.C. Law 17-154, § 2, 55 DCR 3678.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.51.

    Effect of Amendments

    D.C. Law 17-154, in the section name line, inserted "; policy"; and added subsec. (d).

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

    Law 17-154 the "Omnibus Executive Service System, Police and Fire Systems, and Retirement Modifications for Chief of Police Cathy L. Lanier and Fire Chief Dennis L. Rubin Amendment Act of 2008", was introduced in Council and assigned Bill No.17-249 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-326 and transmitted to both Houses of Congress for its review. D.C. Law 17-154 became effective on May 13, 2008.

    Miscellaneous Notes

    Construction of Law 12-124: Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47- 395.4(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.1 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).

    Applicability of § 101(m) of D.C. Law 12-124: Section 401(c) of D.C. Law 12- 124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

  • Current through October 23, 2012 Back to Top
  • (a) The Executive Schedule ("DX Schedule"), shall be divided into 5 pay levels and shall be the basic pay schedule for subordinate agency head positions.

    (b)(1) The Mayor shall designate the appropriate pay level within the range of the DX Schedule for each subordinate agency head position.

    (2) Notwithstanding paragraph (1) of this subsection, the Council approves the existing level of compensation for the positions of the Chief of the Metropolitan Police Department Cathy Lanier ($253,817), the Chief of the Fire and Emergency Medical Services Department Kenneth Ellerbe ($187,302), the Chancellor of the District of Columbia Public Schools Kaya Henderson ($275,000), and the Chief Medical Examiner Dr. Marie Pierre-Louis ($185,000).

    (3) The levels of compensation as provided in paragraph (2) of this subsection shall be the total annual salary amount that the present officeholder may receive. The officeholder may not receive longevity pay, bonus pay, including performance bonus pay, retention pay, per annum percentage increases for cost-of-living purposes or due to any collective bargaining activity within the officeholder's respective agency or department, or any equivalent financial incentives or salary enhancements; provided, that the Chancellor may be paid an additional income allowance of $12,500, for School Year 2010, in order for the parties to meet the terms and conditions of the November 1, 2010 agreement.

    (4) The existing levels of compensation for the positions in paragraph (2) of this subsection shall not be used as the basis for determining the salary of an officeholder in the position of Chief of Police, Fire Chief, Chief Medical Examiner, Chancellor of the District of Columbia Public Schools, who takes office after February 24, 2012. Each position in paragraph (2) of this subsection shall be subject to compensation within the limits of the DX Schedule, except as provided by this chapter.

    (c) Each level shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.

    (d) Any subsequent changes to the salary ranges established pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.

    (e) Initial salary ranges and any subsequent changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register for notice purposes within 45 days of their approval.

    (Mar. 3, 1979, D.C. Law 2-139, § 1052, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Feb. 24, 2012, D.C. Law 19-83, § 2(a), 58 DCR 11024.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.52.

    Effect of Amendments

    D.C. Law 19-83 rewrote subsec. (b), which had read as follows:

    "(b) The Mayor shall designate the appropriate level for each subordinate agency head position."

    Temporary Amendments of Section

    Section 2 of D.C. Law 17-56 substituted "7" for "5" in subsec. (a), and rewrote subsec. (b) to read as follows:

    "(b)(1) The Mayor shall designate the appropriate pay level for each subordinate agency head position based on market analyses and other relevant criteria; provided, that any salary on the E6 or E7 pay grade shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed salary within the 45-day period, the proposed salary shall be deemed disapproved.

    "(2) Notwithstanding paragraph (1) of this subsection, the requirement of Council approval of salaries shall not apply to:

    "(A) The incumbents in the following offices as of July 25, 2007:

    "(i) Chief Financial Officer;

    "(ii) Chief of the Metropolitan Police Department;

    "(iii) Chief of the Fire and Emergency Medical Services Department;

    "(iv) Chancellor of the District of Columbia Public Schools; and

    "(v) Director of the Office of Public Education Facilities Modernization; or

    "(B) The first Chief Medical Examiner appointed by the Mayor and approved by the Council after July 25, 2007."

    Section 6(b) of D.C. Law 17-56 provides that the act shall expire after 225 days of its having taken effect.

    Section 2 of D.C. Law 17-238, in subsec. (a), substituted "7" for "5";   and amended subsec. (b) to read as follows:

    "(b)(1) The Mayor shall designate the appropriate pay level for each subordinate agency head position based on market analyses and other relevant criteria; provided, that any salary on the E6 or E7 pay grade shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed salary within the 45-day period, the proposed salary shall be deemed disapproved.

    "(2) Notwithstanding paragraph (1) of this subsection, Council approval is not required for the salary for Allen Lew as the Director of the Office of Public Education Facilities Modernization, upon the expiration of the Executive Service Compensation System Change and Pay Schedule Temporary Amendment Act of 2007, effective November 24, 2008 (D.C. Law 17-56; 54 DCR 10034).".

    Section 6(b) of D.C. Law 17-238 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Emergency Amendment Act of 2007 (D.C. Act 17-83, July 25, 2007, 54 DCR 8003).

    For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-155, October 18, 2007, 54 DCR 10915).

    For temporary (90 day) amendment of section, see § 2 of Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Emergency Amendment Act of 2008 (D.C. Act 17-424, July 16, 2008, 55 DCR 8242).

    For temporary (90 day) addition of sections, see §§ 2, 3 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

    For temporary (90 day) amendment of section, see § 4 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

    Law 19-83, the "Executive Service Compensation Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-44, which was referred to the Committee on Government Operations and the Environment. The Bill was adopted on first and second readings on November 1, 2011, and December 6, 2011, respectively. Signed by the Mayor on December 16, 2011, it was assigned Act No. 19-243 and transmitted to both Houses of Congress for its review. D.C. Law 19-83 became effective on February 24, 2012.

    Resolutions

    Resolution 16-220, the "Executive Service Schedule Approval Resolution of 2005", was approved effective July 6, 2005.

    Miscellaneous Notes

    Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

  • Current through October 23, 2012 Back to Top
  • (a) A person appointed to a position in the Executive Service shall be appointed at the level on the DX Schedule designated for the subordinate agency to which he or she is appointed, and shall receive a salary set at any amount within the salary range for that level that the Mayor determines to be appropriate.

    (b) The salary of any person holding an appointment to a position in the Executive Service may, at any time, be increased or decreased by the Mayor, at his or her sole discretion, to any other salary within the salary range for the level occupied.

    (c) The salary of an employee in the Executive Service who is temporarily assigned to a position at a higher or lower level on the DX Schedule shall be set, at the discretion of the Mayor, at any rate within the salary range of the level to which the employee is temporarily assigned or the salary range of the level of the position from which officially appointed.

    (d) A person paid from the DX Schedule shall not be entitled to premium pay.

    (Mar. 3, 1979, D.C. Law 2-139, § 1053, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.53.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

  • Current through October 23, 2012 Back to Top
  • A person holding an appointment to a position in the Executive Service on October 21, 1998 shall continue to be paid at his or her existing rate of pay until the Mayor effects a personnel action establishing a new salary within the designated range for the level of the position to which the person is appointed.

    (Mar. 3, 1979, D.C. Law 2-139, § 1054, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.54.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • Pursuant to regulations the Mayor may prescribe, the following expenses may be paid in connection with Executive Service employment:

    (1) Reasonable pre-employment travel expenses for an individual being interviewed for a subordinate agency head position;

    (2) Reasonable relocation expenses for an Executive Service selectee or appointee and his or her immediate family if they are relocating to the District of Columbia from outside the Greater Washington Metropolitan Area; and

    (3) A reasonable temporary housing allowance, for a period not to exceed 60 days, for an Executive Service selectee or appointee and his or her immediate family.

    (Mar. 3, 1979, D.C. Law 2-139, § 1055, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.55.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • An additional income allowance of up to 15% of the maximum rate of pay for the level held may be paid, at the discretion of the Mayor, to a subordinate agency head who is required to hold a medical degree and who enters into a service agreement.

    (Mar. 3, 1979, D.C. Law 2-139, § 1056, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.56.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only if:

    (1) The agency head is bound by a performance contract, available to the public upon request, that clearly identifies measurable goals and outcomes; and

    (2) The agency head has exceeded contractual expectations in the year for which the incentive is paid.

    (Mar. 3, 1979, D.C. Law 2-139, § 1057, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Oct. 1, 2002, D.C. Law 14-190, § 2802, 49 DCR 6968.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.57.

    Effect of Amendments

    D.C. Law 14-190 rewrote the section which had read as follows:

    "The Mayor may authorize performance incentives for exceptional service for subordinate agency heads not to exceed 10% of the rate of basic pay in any year. Exceptional service incentives may be paid only when the agency head is bound by a performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is paid."

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

    For Law 14-190, see notes following § 1-301.131.

    Miscellaneous Notes

    Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

    Short title of title XXVIII of Law 14-190: Section 2801 of D.C. Law 14-190 provided that title XXVIII of the act may be cited as the Executive Compensation and Fiscal Responsibility Amendment Act of 2002.

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  • (a) A subordinate agency head may be paid separation pay of up to 12 weeks of his or her basic pay upon separation from the government at the discretion of the Mayor; provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head's basic pay.

    (b)(1) Notwithstanding subsection (a) of this section and except as provided in paragraph (2) of this subsection, Charles H. Ramsey, Chief of Police, shall be paid separation pay equivalent to up to 6 months of his basic pay upon involuntary separation from the District government by the Mayor if the involuntary separation is without cause.

    (2) If Chief Ramsey is involuntarily separated without cause at any time during the last 6 months of his term, as that term is set forth in § 5-105.01(c), he shall be entitled to separation pay equal to the actual number of days remaining in his term.

    (Mar. 3, 1979, D.C. Law 2-139, § 1058, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 7, 2000, D.C. Law 13-52, § 3, 46 DCR 9911; Mar. 2, 2007, D.C. Law 16-199, § 2, 53 DCR 8832.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.58.

    Effect of Amendments

    D.C. Law 13-52 added "provided that, the agency head has been a District government employee for at least one year prior to the separation; otherwise the separation pay shall not exceed 4 weeks of the agency head's basic pay".

    D.C. Law 16-199 designated the existing text as subsec. (a); and added subsec. (b).

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

    For Law 13-52, see notes following § 1-609.3.

    Law 16-199, the "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police Charles H. Ramsey Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-733, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on July 11, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 23, 2006, it was assigned Act No. 16-494 and transmitted to both Houses of Congress for its review. D.C. Law 16-199 became effective on March 2, 2007.

    Miscellaneous Notes

    Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • (a) The provisions of § 1-609.06(a) through (h) shall apply to employment in the Executive Service.

    (b) Repealed.

    (c) Repealed.

    (Mar. 3, 1979, D.C. Law 2-139, § 1059, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Apr. 13, 1999, D.C. Law 12-220, § 2, 46 DCR 481; April 12, 2000, D.C. Law 13-84, § 2, 47 DCR 0455; Oct. 1, 2002, D.C. Law 14-185, § 2(c), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(d), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 19(b), 51 DCR 881; Feb. 6, 2008, D.C. Law 17-108, § 203(f), 54 DCR 10993.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.59.

    Effect of Amendments

    D.C. Law 13-84 added subsec. (c).

    D.C. Law 14-185, in the section heading, substituted "District of Columbia domicile" for "District residency"; and rewrote subsec. (a) which had read as follows:

    "(a) Any person who accepts appointment or is hired to fill a position in the Executive Service shall become a bona fide resident of the District within 180 days of the effective date of appointment and shall maintain District residency for the duration of the appointment. 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."

    D.C. Law 14-213 repealed subsec. (c) which had read as follows:

    "(c) The provisions of subsection (a) of this section may be waived for Elliott B. Branch, confirmed as Chief Procurement Officer for a 5-year term beginning November 2, 1999."

    D.C. Law 15-105 validated a previously made technical correction.

    D.C. Law 17-108 repealed subsec. (b), which had read as follows:

    "(b) The provisions of subsection (a) of this section may be waived for an individual appointed as Chief Technology Officer."

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.1.

    Law 12-220, the "Executive Service Residency Requirement Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-811, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 9, 1998, it was assigned Act No. 12-535 and transmitted to both Houses of Congress for its review. D.C. Law 12- 220 became effective on April 13, 1999.

    Law 13-84, the "Executive Service Residency Requirement Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-414, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 22, 1999, it was assigned Act No. 13-216 and transmitted to both Houses of Congress for its review. D.C. Law 13-84 became effective on April 12, 2000.

    For Law 14-185, see notes following § 1-603.01.

    For Law 14-213, see notes following § 1-603.01.

    For Law 15-105, see notes following § 1-301.47.

    For Law 17-108, see notes following § 1-209.05.

    Legislative History of Laws

    For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.1.

    Law 12-220, the "Executive Service Residency Requirement Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-811, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 9, 1998, it was assigned Act No. 12-535 and transmitted to both Houses of Congress for its review. D.C. Law 12- 220 became effective on April 13, 1999.

    Law 13-84, the "Executive Service Residency Requirement Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-414, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 22, 1999, it was assigned Act No. 13-216 and transmitted to both Houses of Congress for its review. D.C. Law 13-84 became effective on April 12, 2000.

    For Law 14-185, see notes following § 1-603.01.

    For Law 14-213, see notes following § 1-603.01.

    For Law 15-105, see notes following § 1-301.47.

    Miscellaneous Notes

    Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • No person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one year immediately following his or her separation from the Executive Service, except that, upon termination, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor, within 3 months to a vacant position in the service for which he or she is qualified.

    (Mar. 3, 1979, D.C. Law 2-139, § 1060, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.60.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

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  • The Executive Service employees' leave system shall provide the following:

    (1) No employee shall earn annual or sick leave.

    (2) Each employee shall have a universal leave account.

    (3) Each employee's universal leave account shall be credited with 208 hours on the first pay period of the leave year, or on a pro-rata basis for appointments after the first pay period of the leave year.

    (4) No employee shall be charged for leave for any absence which is less than 2 hours.

    (5) An employee may carry over, for use in succeeding years, not more than 40 hours of unused universal leave.

    (6) Each employee in the Executive Service on the last day of the last pay period of the leave year shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before the transition.

    (7) Each employee appointed without a break in service to a position in the Executive Service from another position in the District government, on or after the first day of the first pay period after enactment of this section shall have his or her accrued annual leave balance, up to a maximum of 240 hours, transferred to an escrow account for use at the discretion of the employee until exhausted. The employee will be given a lump-sum payment for any annual leave in excess of 240 hours, payable at the rate of pay in effect immediately before his or her appointment in the Executive Service.

    (8) Upon separation from his or her position in the Executive Service, any annual leave remaining in the escrow account and any universal leave to his or her credit (less a pro-rated amount representing the portion of the leave that would be creditable for the remainder of the year) will be paid at the employee's rate of pay at the time of separation.

    (9) Sick leave previously accrued under a different leave system shall be held in an escrow account and may be used at the discretion of the employee until exhausted.

    (10) The Mayor may establish a disability income protection program for Executive Service employees to include short and long-term disability insurance which shall provide coverage for non-job related illness or injury.

    (Mar. 3, 1979, D.C. Law 2-139, § 1061, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 2301, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(b), 46 DCR 2118; Apr. 27, 1999, D.C. Law 12-267, § 5, 46 DCR 960; Mar. 14, 2012, D.C. Law 19-115, § 2(g), 59 DCR 461.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.61.

    Effect of Amendments

    D.C. Law 19-115, in par. (3), substituted "208 hours" for "26 days"; in par. (4), substituted "2 hours" for "8 hours"; and, in par. (5), substituted "40 hours" for "5 days".

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 7 of Fiscal Year 1999 Budget Support Temporary Amendment Act of 1998 (D.C. Law 12-211, April 13, 1999, law notification 46 DCR 3833).

    Emergency Act Amendments

    For temporary amendment of section, see §§ 6 and 7 of the Fiscal year 1999 Budget Support Emergency Amendment Act of 1998 (D.C. Act 12-480, October 28, 1998, 45 DCR 8016), and §§ 6 and 7 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-4, February 8, 1999, 46 DCR 2291).

    For temporary amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, 45 DCR 7229), as amended by § 6 of D.C. Law 12-211, and § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

    Section 1902 of D.C. Act 12-401 provides that § 1901(a) and (b) shall apply upon the enactment by the United States Congress of legislation adopting § 101(m) of the Omnibus Personnel Reform Amendment Act of 1998, signed by the Mayor on April 1, 1998 (D.C. Law 12-124; 45 DCR 2464).

    For temporary (90-day) amendment of section, see § 1901 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

    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 12-175, see Historical and Statutory Notes following § 1-603.01.

    For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 1-603.01.

    Law 12-267, the "Closing of a Public Alley in Square 371, S.O. 96-202, Act of 1998," was introduced in Council and assigned Bill No. 12-800. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 23, 1998, it was assigned Act No. 12-576 and transmitted to both Houses of Congress for its review. D.C. Law 12-267 became effective on April 27, 1999.

    For history of Law 19-115, see notes under § 1-608.01.

    Miscellaneous Notes

    Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

    Applicability of § 2301(a) and (b) of D.C. Law 12-175: Section 2302 of D.C. Law 12-175, as amended by § 63 of D.C. Law 12-264, provided that § 2301(a) and (b) of the act shall apply as of October 21, 1998.

  • Current through October 23, 2012 Back to Top
  • Executive Service employees shall be covered under subchapter XXVI of this chapter, except that employees first hired after September 30, 1987, may elect to participate in the District's defined contribution plan or may elect to have the funds that would otherwise be contributed by the District under the defined contribution plan directed to another 401(a) retirement plan.

    (Mar. 3, 1979, D.C. Law 2-139, § 1062, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.62.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

  • Current through October 23, 2012 Back to Top
  • Executive Service employees shall be covered by the provisions of subchapter XXII of this chapter, except that any Executive Service employee, whether covered by federal life insurance benefits (pursuant to § 1-622.01) or District life insurance benefits (pursuant to § 1-622.03), may receive additional coverage for himself or herself, not to exceed twice the rate of that employee's basic pay. The cost of that coverage shall be borne solely by the District government.

    (Mar. 3, 1979, D.C. Law 2-139, § 1063, as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-611.63.

    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(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

  • Current through October 23, 2012 Back to Top
  • (a) The Mayor shall not enter into an employment contract with a subordinate agency head that contains terms and conditions of employment that are inconsistent with existing law.

    (b) If the Mayor executes an employment contract with a subordinate agency head in the Executive Service, the contract shall be posted to the website of the District of Columbia Department of Human Resources within 30 days of signing. The requirement to post the contract shall be subject to relevant exemptions pursuant to § 2-534 and required disclosures pursuant to § 2-536.

    (c) An employment contract, if any, with a subordinate agency head shall be transmitted to the Council simultaneously with the transmittal of the nomination of the subordinate agency head.

    (Mar. 3, 1979, D.C. Law 2-139, § 1064, as added Feb. 24, 2012, D.C. Law 19-83, § 2(b), 58 DCR 11024.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For history of Law 19-83, see notes under § 1-610.64.