(a) The District government recognizes that intergovernmental and private sector cooperation are essential factors in resolving problems affecting the District and that the temporary assignment of personnel between and among governmental agencies, at the same or different levels of government, private sector organizations, and institutions of higher education, is a significant factor in achieving such cooperation.
(b) Any agency is authorized to participate in a program of personnel interchange with private sector organizations, institutions of higher education, or agencies of federal, state, and local governments; provided, however, that the period of original assignment cannot exceed 2 years, but with the concurrence of the agencies or organizations and the employee involved, the assignment period may be extended in increments of one year.
(Mar. 3, 1979, D.C. Law 2-139, § 2701, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(a), 43 DCR 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-628.1.
1973 Ed., § 1-357.1.
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 11-78, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
(a) Any employee of a District agency participating in an exchange of personnel as authorized in § 1-627.01 may be considered, during such participation, to be:
(1) On detail to regular work assignments of the receiving agency or organization; or
(2) In a status of leave of absence from his or her position in the sending agency.
(b) Any employee who is on detail is entitled to the same salary and benefits to which he or she would otherwise be entitled and shall remain an employee of the sending agency for all other purposes except that the supervision of duties during the period of detail may be governed by agreement between the sending agency and the receiving agency or organization.
(c) An employee who is on a leave of absence is entitled to at least the same salary and benefits to which he or she would otherwise be entitled. The salary and benefits shall be paid by the receiving agency or organization except as otherwise agreed between the sending and the receiving agencies or organizations.
(d) The receiving agency or organization may grant annual leave or other time off with compensation to the extent authorized by law applicable to the sending agency.
(e) Except as otherwise provided in this chapter, an employee who is on a status of leave of absence has the same rights, benefits and obligations as any other employee of the sending agency who is on a leave of absence status for any other purpose.
(f) Any employee who participates in a temporary assignment under this subchapter and who suffers disability or death as a result of personal injury arising out of and in the course of the assignment, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the District's disability compensation program, as an employee who has sustained such injury in the performance of such duty, but shall not receive disability or injury benefits under that program for any period for which he or she is entitled to and elects to receive similar benefits under the employee compensation of the receiving agency or organization.
(Mar. 3, 1979, D.C. Law 2-139, § 2702, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(b), 43 DCR 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-628.2.
1973 Ed., § 1-357.2.
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 11-78, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
(a) When any agency of the District acts as a receiving agency, employees of the sending agency or organization who are assigned under authority of this subchapter may:
(1) Be given appointments in the receiving agency covering the periods of such assignments with compensation to be paid from the receiving agency funds or without compensation; or
(2) Be considered to be on detail to the receiving agency.
(b) The appointment of an employee of another government or organization, assigned to a District agency, may be made without regard to the laws or rules and regulations governing the selection of employees in the Career and Educational Services.
(c) An employee of another government or organization who is detailed to a District agency may not by virtue of the detail be considered to be an employee of the District, except as provided in this section, nor may he or she be directly paid a salary or wage by the District agency. The assignment agreement may, however, authorize the District agency to reimburse the sending agency or organization for all or any part of the employee's salary and fringe benefits. The agreement between the sending agency or organization and the receiving agency may govern the supervision of the duties of such employees during the period of detail.
(d) The District government shall treat any employee of a sending agency or organization assigned to the District who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties, as a District employee for the purpose of the District's employee disability compensation program. An employee of a sending agency or organization is not entitled to benefits under that program for any period for which he or she elects similar benefits under the employee compensation program of his or her permanent employer.
(Mar. 3, 1979, D.C. Law 2-139, § 2703, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(c), 43 DCR 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-628.3.
1973 Ed., § 1-357.3.
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 11-78, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
(a) A District agency may, in accordance with the applicable travel rules and regulations, pay the travel expenses of an employee assigned to another government, private sector organization, or institution of higher education on either a detail or leave basis, but shall not pay the travel expenses of any employee incurred in connection with his or her work assignment at the receiving agency. If the assignment will be for a period of time exceeding 9 months, travel expenses may include expenses of transportation of immediate family, household goods, and personal effects to and from the location of the receiving agency. If the period of assignment is less than 9 months, the District agency may pay a daily allowance to the employee on assignment or detail.
(b) A District agency may, in accordance with the applicable travel rules and regulations, pay travel expenses of a person assigned to it under this subchapter during the period of such an assignment on the same basis as if he or she were a regular employee of the District.
(c) The costs associated with travel, relocation, and daily expenses may be shared by the participating governments, private sector organization, or institution of higher education or be borne solely by either party to the agreement.
(Mar. 3, 1979, D.C. Law 2-139, § 2704, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(d), 43 DCR 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-628.4.
1973 Ed., § 1-357.4.
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 11-78, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
(a) Any assignment entered into by a District agency under the authority of this subchapter must be implemented by a written agreement and this agreement shall contain the following provisions:
(1) The signature of the employee to be assigned indicating he or she fully concurs in the assignment and has been made aware of all appropriate rules and regulations governing the assignment;
(2) The approval of appropriate officials of the sending and receiving agencies or organizations;
(3) The terms and conditions for the payment of salary and other expenses, and any reimbursement among participating agencies or organizations; and
(4) The duties and responsibilities to be carried out on the assignment.
(b) The agreement must be signed by all participants before the assignment can become effective.
(Mar. 3, 1979, D.C. Law 2-139, § 2705, 25 DCR 5740; Mar. 5, 1996, D.C. Law 11-98, § 1101(e), 43 DCR 5; Apr. 9, 1997, D.C. Law 11-255, § 55(a), 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-628.5.
1973 Ed., § 1-357.5.
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 11-78, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
(a) In addition to the requirements set forth in § 1-627.05, the requirements in this section shall apply to all written agreements in which an employee of a private sector organization is assigned to work for a District government agency.
(b) Prior to entering into an agreement to assign a private sector employee to a District agency, the head of the agency shall prepare a written determination and findings explaining why the agency cannot use other District government personnel or procurement policies or procedures to secure the professional services that would be provided through the agreement. The head of the District agency shall not enter into an agreement for interagency personnel exchange with a private sector organization unless the Director of Personnel (or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer) or the independent personnel authority certifies in writing that the agency has exhausted every effort to recruit its human resource needs through standard recruitment practices or fill its professional needs through standard procurement procedures without success. The Director of Personnel (or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer) or the independent personnel authority shall retain a copy of the determination and findings as part of the official file for the agreement.
(c) The agreement which contains the terms and conditions for the payment or reimbursement of salary, benefits, and other expenses to the private sector organization shall provide that:
(1) The private sector organization shall not receive compensation in a manner to earn a profit from the assignment of its personnel to the District agency;
(2) An individual assigned to the District government from a private sector organization may receive compensation and fringe benefits equal to those he or she would have received from the private sector organization in the absence of the assignment to the District agency and in no event shall the individual receive greater compensation or fringe benefits than he or she would have received from the private sector organization in the absence of the assignment to the District agency; and
(3) The District agency shall reimburse the private sector organization by paying for the documented salary; the cost of applicable fringe benefits including payroll taxes, social security, unemployment insurance, worker's compensation insurance, heath insurance, pensions, Federal Insurance Contributions Act payments; and general and administrative costs calculated in accordance with subsection (f) of this section, except that in the case of the Office of the Chief Technology Officer, general and administrative costs shall include reasonable overhead costs and shall be calculated by the Chief Technology Officer (as determined under such criteria as the Chief Technology Officer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and overhead costs for off-site employees found in Federal law and regulation and in general private industry practice).
(d) The private sector organization shall certify the accuracy of the cost of the salary, fringe benefits, and general and administrative costs included in the reimbursement agreement. The District agency shall reserve the right to audit those costs under the circumstances and methods it deems appropriate.
(e) A former District government employee shall be prohibited, for a period of 2 years after his or her separation from District government employment, from participating in a personnel exchange agreement between the District government and a private sector organization.
(f) Not later than 45 days after the end of each fiscal year (beginning with fiscal year 2002), the Chief Technology Officer shall prepare and submit to the Council and to the Committees on Appropriations of the House of Representatives and Senate a report describing all agreements entered into by the Chief Technology Officer under this section which are in effect during the fiscal year.
(g) Within 90 days of April 28, 2001, the Director of Personnel shall issue regulations governing the allowable reimbursement of general and administrative costs for the employees of private sector organizations assigned to work for a District agency. In developing the regulations, the Director of Personnel shall review standards used to calculate general and administrative costs for off-site employees found in federal law and regulation, and District of Columbia procurement regulations, and shall incorporate those standards into the implementing regulations for this title as the Director deems appropriate.
(h) For the purpose of this section, the term:
(1) "General and administrative costs" means any management, financial, or other expense which is incurred by or allocated to a business unit and which is for the general management and administration of the business unit as a whole.
(2) "Off-site employee" means an employee who is detailed or assigned to the work site of another organization.
(Mar. 3, 1979, D.C. Law 2-139, § 2706, as added, Apr. 28, 2001, D.C. Law 13-296, § 2, 48 DCR 2072; Dec. 21, 2001, 107 Stat. 948, Pub. L. 107-96, § 111(b).)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
Pub. L. 107-96, in subsec. (b), inserted "(or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer)" following "Director of Personnel"; in subsec. (c)(3), inserted ", except that in the case of the Office of the Chief Technology Officer, general and administrative costs shall include reasonable overhead costs and shall be calculated by the Chief Technology Officer (as determined under such criteria as the Chief Technology Officer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and overhead costs for off-site employees found in Federal law and regulation and in general private industry practice)"; redesignated former subsec. (f) as (g); and inserted new subsec. (f).
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2 of the District Government Personnel Exchange Agreement Emergency Amendment Act of 2000 (D.C. Act 13-595, February 9, 2001, 48 DCR 2436).
Legislative History of Laws
Law 13-296, the "District Government Personnel Exchange Agreement Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-896, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 24, 2001, it was assigned Act No. 13-593 and transmitted to both Houses of Congress for its review. D.C. Law 13- 296 became effective on April 28, 2001.
Miscellaneous Notes
Section 111(c) of Pub. L. 107-96, 115 Stat. 948, provides:
"(c) The authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2002."
