Subchapter XXXII. Implementation; Conforming Amendments and Repealers; Specific Retention of Laws and Authorities; Rules of Construction.
(a) All personnel rules and regulations, issued under appropriate authority on or before the date that this section becomes effective as provided in subsection (b) of § 1-636.02, shall continue in full force and effect until superseded by a provision of this chapter. All administrative directives of whatever name issued by any personnel authority or the Chiefs of the Metropolitan Police Department or the District of Columbia Fire Department in effect on the date that this section becomes effective as provided in subsection (b) of § 1-636.02 shall remain in effect until superseded by a provision of this chapter. Such existing rules and regulations may be amended in accordance with existing provisions of law.
(b) Persons employed by the District of Columbia government after March 3, 1979, shall be appointed under existing authority until the provisions of this chapter become effective.
(Mar. 3, 1979, D.C. Law 2-139, § 3201, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.1.
1973 Ed., § 1-362.1.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
(a) The following provisions of Title 5 of the United States Code are superseded for all employees of the District of Columbia Government:
(1) General regulations authority. -- Provisions of:
(A) 5 U.S.C. § 1302(b) and (c) (relating to the development of regulations affecting employees of the District of Columbia); and
(B) 5 U.S.C. § 1304(a)(3) (relating to loyalty investigations affecting employees of the District of Columbia);
(2) General provisions of law relating to employees. -- (A) 5 U.S.C. § 2102(a)(3) (relating to employees of the District of Columbia in the competitive service);
(B) 5 U.S.C. § 2108(3)(E) (relating to certain preferences to veterans for employment with the District of Columbia government); and
(C) 5 U.S.C. § 2905(a) (relating to renewal of oaths by employees of the District government);
(3) Employment and retention. -- (A) 5 U.S.C. § 3101 (relating to general employment authority of the District of Columbia government);
(B) 5 U.S.C. § 3102(b)(1)(C) and (b)(2) (relating to the employment of readers for blind employees of the District of Columbia government);
(C) 5 U.S.C. § 3108 (relating to the employment of detective agencies by the District of Columbia government);
(D) 5 U.S.C. § 3110(b) (relating to the employment of relatives of incumbents by the District of Columbia government);
(E) 5 U.S.C. §§ 3315(a) and 3316 (relating to the employment of preference eligibles by the District of Columbia government);
(F) 5 U.S.C. § 3320 (relating to the District of Columbia government excepted service);
(G) 5 U.S.C. § 3323(a) (relating to automatic separations and the re-employment of annuitants by the District of Columbia government);
(H) 5 U.S.C. § 3333(a) and (b) (relating to loyalty of and striking against the government by employees of the District of Columbia government);
(I) 5 U.S.C. §§ 3351 and 3363 (relating to transfers and promotion of employees of the District of Columbia government);
(J) 5 U.S.C. § 3504 (relating to retention of preference eligible employees of the District of Columbia government); and
(K) 5 U.S.C. § 3551 (relating to restoration of positions after active or duty training by employees of the District of Columbia government);
(4) Employee performance. -- (A) 5 U.S.C. §§ 4101(1)(F) and (3), 4301(1)(F) and (2)(D) (relating to training and performance and ratings of employees of the District of Columbia government); and
(B) 5 U.S.C. § 4501(1)(G), (2)(B) and (3) (relating to incentive awards for employees of the District of Columbia government);
(5) Pay and allowances. -- (A) 5 U.S.C. § 5102(a)(1)(G) (relating to the classification of employees of the District of Columbia government);
(B) 5 U.S.C. § 5307(a)(1) (relating to the fixing of pay by administrative action for certain employees of the District of Columbia government);
(C) 5 U.S.C. § 5337(a)(2) (relating to pay savings provisions for certain general schedule employees of the District of Columbia government);
(D) 5 U.S.C. § 5344(b) (relating to the effective date of wage increases for certain employees of the District of Columbia government);
(E) 5 U.S.C. § 5349(a) (relating to employees in recognized trades and crafts employed by the District of Columbia government);
(F) 5 U.S.C. §§ 5351(1), 5352 and 5353 (relating to student employees employed by the District of Columbia government);
(G) 5 U.S.C. §§ 5504(a)(3), (b)(3)(D), 5506, 5508, 5515, 5521(1)(E), (3)(B), 5522(c), 5523(a)(1)(B), (c), 5527(b), 5531(2), 5532, 5534, 5534a, 5537(a)(2), 5541(1)(G), (2)(B), (2)(C)(ii), (iii), (iv), 5546(b), 5551(a), 5552, 5581(1)(B), (2), 5583(b)(1), 5595(1)(D), (d), (f) and 5596(a)(5) (relating to pay administration for employees of the District of Columbia government);
(H) 5 U.S.C. §§ 5701(1)(E), (5) and 5721(1)(H) and (4) (relating to travel, transportation, and subsistence allowances for employees of the District of Columbia government); and
(I) 5 U.S.C. §§ 5901(a), 5945 and 5946(1) (relating to certain allowances for employees of the District of Columbia government);
(6) Leave. -- 5 U.S.C. §§ 6101(a)(1), (a)(2), (a)(3), (a)(4), 6103(c), 6104, 6301(2)(B), 6306(a), 6307(a), (c), 6308, 6322(a), (b), 6323, 6324(a), (b)(1), and 6326(a) (relating to attendance and leave provisions for employees of the District of Columbia government);
(7) Loyalty, striking and civil disorders. -- 5 U.S.C. §§ 7311, 7313(a), and 7351 (relating to loyalty, striking and participation in civil disorders by employees of the District of Columbia government and rendering gifts to supervisors);
(8) Adverse actions. -- 5 U.S.C. § 7511(1) (relating to adverse actions affecting certain employees of the District of Columbia government);
(9) Safety programs. -- 5 U.S.C. § 7902(a)(2) (relating to safety programs for employees of the District of Columbia government); and
(10) Compensation for work injuries. -- 5 U.S.C. §§ 8101(1)(D) and 8139 (relating to workmen's compensation claims for employees of the District of Columbia government).
(b) Notwithstanding the provisions of this subchapter or Title 5 of the United States Code, the Mayor is authorized to establish rates of pay for employees in the Career, Excepted and Executive Services of the District of Columbia government. Such rates of pay shall be established in accordance with the provisions of subchapter XI of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 3202, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(d), 25 DCR 10565; Sept. 26, 1980, D.C. Law 3-109, § 2, 27 DCR 3785; Oct. 5, 1985, D.C. Law 6-43, § 2(b), 32 DCR 4484; Apr. 30, 1988, D.C. Law 7-104, § 36(d), 35 DCR 147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.2.
1973 Ed., § 1-362.2.
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 3-14, see Historical and Statutory Notes following § 1-608.01.
For legislative history of D.C. Law 3-109, see Historical and Statutory Notes following § 1-616.01.
For legislative history of D.C. Law 6-43, see Historical and Statutory Notes following § 1-611.03.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 1-604.08.
References in Text
5 U.S.C. § 3551, cited in (a)(3)(K), was repealed by the Act of Oct. 13, 1994, P.L. 103-353, § 2(b)(2)(B), 108 Stat. 3169.
5 U.S.C. § 4301(1)(F), cited in subsection (a)(4)(A), does not exist.
5 U.S.C. § 5102(1)(G), referred to in (a)(5)(A), is now 5 U.S.C. § 5102(1)(F).
5 U.S.C. § 4301(2)(D), cited in subsection (a)(4)(A), makes no reference to the District of Columbia.
5 U.S.C. § 5307(a)(1), referred to in (a)(5)(B) is now found at 5 U.S.C. § 5306.
5 U.S.C. § 5337(a)(2), referred to in subsection (a)(5)(C), was repealed by § 801(a)(2) of the Act of October 13, 1978, Pub. L. 95-454, 92 Stat. 221.
5 U.S.C. § 5523(a)(1)(B), referenced in (a)(5)(G), no longer exists in light of the amendment to that section by the Act of Oct. 28, 1991, P.L. 102-138, § 147(a), 105 Stat. 669.
(a) The following provisions shall not apply to police officers and fire fighters appointed after the date that this chapter becomes effective as provided in § 1-636.02:
(1)(A) Section 5-541.01, note;
(D) Section 5-105.04;
(E) Section 5-105.06;
(G) Section 5-133.04;
(I) Section 5-410;
(K) Section 5-133.12;
(M) Section 5-405;
(N) Section 5-408;
(O) Section 5-409;
(P) Section 5-701 et seq.;
(R) Section 5-901 et seq.;
(S) Section 5-542.01 et seq.;
(T) Section 5-501.01;
(V) Section 5-521.02;
(X) Section 5-1304 insofar as it affects police officers and firefighters employed by the District of Columbia;
(Y) Section 5-1305;
(AA) Section 5-133.02;
(CC) Section 5-127.02.
(2)(A) Reorganization Order 39, June 18, 1953, as amended (relating to fire trial boards); and
(B) Reorganization Order 48, June 26, 1953, as amended (relating to police trial and review boards).
(b) Notwithstanding subsections (a) or (c) of this section, no provision of law affecting the United States Park Police, United States Secret Service Uniformed Division or Secret Service shall be deemed to be affected.
(c) Notwithstanding the provisions of subsection (a)(1)(B) of this section, or of any other law or regulation, for members of the Metropolitan Police Department, the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines as provided in § 5-105.01.
(Mar. 3, 1979, D.C. Law 2-139, § 3203, 25 DCR 5740; Mar. 16, 1989, D.C. Law 7-203, § 2(f), 36 DCR 450; Oct. 19, 2000, D.C. Law 13-172, § 822(b), 47 DCR 6308; Sept. 30, 2004, D.C. Law 15-194, § 104(b), 51 DCR 9406.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.3.
1973 Ed., § 1-362.3.
Effect of Amendments
D.C. Law 13-172 added subsec. (c).
D.C. Law 15-194, in subsec. (a), substituted "5-105.01(a)," for "5-105.01," in subpar. (B) of par. (1), and substituted "5-402(a)," for "5-402," in subpar. (L) of par. (1).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 822(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 822(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Law 7-203 was introduced in Council and assigned Bill No. 7-44, 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 January 6, 1989, it was assigned Act No. 7-274 and transmitted to both Houses of Congress for its review.
For Law 13-172, see notes following § 1-614.12.
For Law 15-194, see notes following § 1-604.02.
References in Text
Section 5-133.07, referenced in (1)(B), was repealed by D.C. Law 9-145, § 302(a), 39 DCR 4895, effective Sept. 10, 1992.
Miscellaneous Notes
Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provides:
"Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress."
The express provisions of the following District of Columbia laws shall continue in force and are not to be considered impliedly repealed in any manner by the provisions of this chapter:
(1) The provisions of Title 18 of the United States Code insofar as they affect employees of the District of Columbia government shall not be affected by this chapter: Provided, however, that this provision shall not be construed to prohibit coverage of volunteers under the provisions of subchapter XXIII of this chapter;
(2) The provisions of § 1-319.01 et seq. shall continue in force except that volunteers shall be entitled to disability compensation as provided in subchapter XXIII of this chapter;
(4) Section 1-521.01 shall continue in force;
(5) Section 2-1401.01 et seq. shall continue in force; and
(6) The Metropolitan Police Officer Civil Rights Act (D.C. Law 2-71).
(Mar. 3, 1979, D.C. Law 2-139, § 3206, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.4.
1973 Ed., § 1-362.4.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
(a) Commissioner's Order No. 70-229 (Organization Order No. 25), June 19, 1970; Interim Labor Management Relations Policy for the University of the District of Columbia, May 4, 1978, 24 DCR 1004; Sections 600 through 619 of the Rules of the District of Columbia Board of Education, January 18, 1978, 24 DCR 6445-6475; the September 1975 Armory Board policy relating to labor relations; and any other labor-management relations policy inconsistent with this chapter are deemed to be superseded by this chapter: Provided, however, that nothing herein shall preclude the Mayor, the Board of Trustees of the University of the District of Columbia, the Board of Education, or the Armory Board from adopting new labor relations policies that are not inconsistent with this chapter or with regulations issued by the Public Employee Relations Board pursuant to this chapter.
(b) Any law, rule and regulation, Commissioner's Order, Mayor's Order, Mayor's Memorandum, or any administrative rule and regulation which is inconsistent with or contrary to the provisions of this chapter is repealed or superseded to the extent of such inconsistency on or after the effective date of this chapter.
(c) Any provision of the District Personnel Manual (DPM) which, while not expressly repealed or inconsistent with any provision of this chapter, lacks a statutory basis under this chapter is repealed on the effective date of this chapter.
(d) Notwithstanding any other provision of this chapter, wherever federal merit system standards are applicable to a District program financed in whole or in part by the federal funds, the Mayor shall establish rules and regulations to the extent necessary to apply such standards to personnel administration in such grant-in-aid programs and the positions and employees therein.
(Mar. 3, 1979, D.C. Law 2-139, § 3207(a)-(d), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(hh), 27 DCR 2632.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.5.
1973 Ed., § 1-362.5.
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 3-81, see Historical and Statutory Notes following § 1-602.02.
In accordance with the express terms of this chapter, the following rules of construction will apply in the interpretation of provisions in apparent conflict:
(1) Subchapter II will govern conflicting provisions; and
(2) A parenthetical limitation, upon provisions of a section or subchapter preceding it, shall limit the scope of the section or subchapter to the parenthetical provision.
(Mar. 3, 1979, D.C. Law 2-139, § 3208, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-633.6.
1973 Ed., § 1-362.6.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
