(a) Except as provided in subsections (b) and (c) of this section, all original appointments of police and fire privates shall be made at the minimum rate set forth in the schedule in § 5-541.01, and the 1st year of service shall be probationary.
(b) Any officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, or the United States Park Police force who separates from that force, Department, or Division, and who is subsequently reappointed to such force, Department, or Division within 3 years after the date of such separation shall receive any scheduled rate of basic compensation provided in salary class 1 of the salary schedule in § 5-541.01(a) which does not exceed the scheduled rate of basic compensation being paid at the time of such reappointment for the class and service step he had attained at the time of his separation. For purposes of this subsection, no additional compensation authorized by this subchapter shall be used in determining service step placement.
(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be appointed at a step of Class 1 consistent with that officer's law enforcement experience, without regard to any time in grade or prior Departmental service or incumbency requirements. Such employees shall serve an 18-month probationary period.
(Aug. 1, 1958, 72 Stat. 483, Pub. L. 85-584, title III, § 301; Sept. 3, 1974, 88 Stat. 1036, Pub. L. 93-407, title I, § 101(a)(4); Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 4, 2000, D.C. Law § 13-160, § 103(c), 47 DCR 4619; Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(B).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-410.
1973 Ed., § 4-827.
Effect of Amendments
D.C. Law 13-160, in subsec. (a), substituted "Except as provided in subsections (b) and (c) of this section," for "Except as provided in subsection (b)", and added subsec. (c), relating to employees appointed pursuant to § 1-610.72.
Pub. L. 111-282, in subsec. (b), deleted "United States Secret Service Uniformed Division, " preceding "or United States Park Police force".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(c) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).
For temporary (225 day) amendment of section, see § 3(c) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 3(c) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).
For temporary (90-day) amendment of section, see § 3(c) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).
For temporary (90-day) amendment of section, see § 3(c) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).
For temporary (90-day) amendment of section, see § 3(c) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).
Legislative History of Laws
For Law 13-160, see § 5-541.01.
(a) The Mayor of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to establish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians' positions.
(b) Each officer or member: (1) Who immediately prior to the effective date of the District of Columbia Police and Firemen's Salary Act Amendments of 1972: (A) Was in a position assigned to subclass (b) of salary class 1 or 2 or subclass (c) of salary class 4; or (B) was in salary class 4 and was performing the duty of a dog handler; or (2) whose position is determined under subsection (a) of this section to be included in salary class 1, 2, or 4 on or after such date as a technician's position shall on or after such date receive, in addition to his scheduled rate of basic compensation, $810 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer's or member's rate of basic compensation plus locality pay adjustments. An officer or member described in clause (1)(A) or (2) of this subsection shall receive the additional compensation authorized by this subsection until his position is determined under subsection (a) of this section not to be included in salary class 1, 2, or 4, as a technician's position or until he no longer occupies such position, whichever occurs first. An officer or member described in clause (1) (B) of this subsection shall receive such compensation until the position of dog handler is determined under subsection (a) of this section not to be included in salary class 4 as a technician's position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection (a) of this section as a technician's position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician's position and the additional compensation authorized for officers and members performing the duty of a dog handler.
(c) Each officer or member who immediately prior to the effective date of the District of Columbia Police and Firemen's Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass (b) of salary class 4 shall, on or after such date, receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent, of the sum of such officer's or member's rate of basic compensation plus locality pay adjustments so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer's or member's rate of basic compensation plus locality pay adjustments, so long as he remains in such assignment.
(d) The additional compensation authorized by subsections (b) and (c) of this section shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.
(e) Whenever any officer or member (other than an officer or member of the United States Park Police) receiving additional compensation authorized by subsection (b) or (c) of this section is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this subchapter, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum.
(f) The loss of the additional compensation authorized by subsection (b) or (c) of this section shall not constitute an adverse action for the purposes of § 7511 et seq. of Title 5 of the United States Code.
(g) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be eligible for the additional compensation in accordance with this section.
(Aug. 1, 1958, 72 Stat. 483, Pub. L. 85-584, title III, § 302; Aug. 29, 1972, 86 Stat. 636, Pub. L. 92-410, title I, § 106; Sept. 3, 1974, 88 Stat. 1037, Pub. L. 93-407, title I, § 101(a)(5)-(7); Jan. 3, 1975, 88 Stat. 2174, Pub. L. 93-635, § 2; June 19, 1976, D.C. Law 1-73, § 2(3), 23 DCR 2807; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 4, 2000, D.C. Law 13-160, § 103(d), 47 DCR 4619; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 § 906(a); Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(C).
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-411.
1973 Ed., § 4-828.
Effect of Amendments
D.C. Law 13-160 added subsec. (g), relating to employees appointed pursuant to § 1-610.72.
Pub. L. 111-282, in subsec. (a), deleted "the Secretary of the Treasury, in the case of the United States Secret Service Uniformed Division," following "Columbia"; and, in subsecs. (b) and (c), deleted "the United States Secret Service Uniformed Division or" following "member of".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(d) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).
For temporary (225 day) amendment of section, see § 3(d) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).
For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).
For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).
For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).
Legislative History of Laws
For legislative history of D.C. Law 1-73, see Historical and Statutory Notes following § 5-541.01.
For Law 13-160, see § 5-541.01.
References in Text
The effective date of the Police and Firemen's Salary Act Amendments of 1972, referred to in subsections (b) and (c) of this section, is prescribed by § 118 of the Act of August 29, 1972, 86 Stat. 634, Pub. L. 92-410.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Except as provided in paragraph (5) of this section, each officer and member, if he has a current performance rating of "satisfactory" or better, shall have his service step adjusted in the following manner:
(1) Each officer and member in service step 1, 2, or 3 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 52 calendar weeks of active service in his service step;
(2) Each officer and member in service step 4 or 5 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in his service step;
(3) Each officer and member in service step 6, 7, or 8 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in his service step; and
(4) Each officer and member in salary classes 2 through 11 who has not attained the maximum service step rate of compensation for the rank or title in which he is placed shall be advanced in compensation successively to the next higher service step rate for such rank or title at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in his service step, except that in the case of an officer or member in service step 4, 5, or 6 of salary class 2 or 3, service step 4 or 5 of salary class 4, and service step 4 of salary class 5, such officer or member shall be advanced successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in his service step.
(5) Each officer and member of the United States Park Police with a current performance rating of 'satisfactory' or better, shall have a service step adjustment in the following manner:
(A) Each officer and member in service step 1, 2, or 3 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 52 calendar weeks of active service in the officer's or member's service step.
(B) Each officer and member in service step 4, 5, 6, 7, 8, or 9 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in the officer's or member's service step.
(C) Each officer and member in service step 10 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in the officer's or member's service step.
(D) Each officer and member in service steps 11, 12, or 13 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 208 calendar weeks of active service in the officer's or member's service step.
(b) As used in this part, the term "calendar week of active service" includes all periods of leave with pay, and periods of nonpay status which do not cumulatively equal 1 basic workweek.
(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall receive compensation as a result of promotion or transfer in accordance with this section.
(Aug. 1, 1958, 72 Stat. 483, Pub. L. 85-584, title III, § 303; Sept. 2, 1964, 78 Stat. 881, Pub. L. 88-575, title I, § 104; Nov. 13, 1966, 80 Stat. 1593, Pub. L. 89-810, title I, § 103; June 30, 1970, 84 Stat. 356, Pub. L. 91-297, title I, § 104; Aug. 29, 1972, 86 Stat. 637, Pub. L. 92-410, title I, § 107; Oct. 4, 2000, D.C. Law 13-160, § 103(e), 47 DCR 4619; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 § 904(a); Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(D).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-412.
1973 Ed., § 4-829.
Effect of Amendments
Pub. L. 111-282, in subsec. (a)(5), deleted "the United States Secret Service Uniformed Division and" following "member of".
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(112) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Except as otherwise provided in subsection (b) or (c) of this section, any officer or member who is promoted or transferred to a higher salary class shall receive basic compensation at the lowest scheduled rate of such higher salary class which exceeds his existing scheduled rate of basic compensation by not less than 1 step increase of the next higher step of the salary class from which he is promoted or transferred.
(b) Any officer or member receiving additional compensation as provided in § 5-543.02 who is promoted or transferred to a higher salary class shall receive basic compensation at the lowest scheduled rate of such higher class which exceeds his existing scheduled rate of basic compensation by at least the sum of 1 step increase of the next higher step of the salary class from which he is promoted or transferred and the amount of such additional compensation.
(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall receive compensation as a result of promotion or transfer in accordance with this section.
(d)(1) Each officer and member of the United States Park Police who is promoted or transferred to a higher salary shall receive basic compensation in accordance with the officer's or member's total creditable service.
(2) For purposes of this subsection, an officer's or member's creditable service is any police service in pay status with the United States Secret Service Uniformed Division, United States Park Police, or Metropolitan Police Department.
(Aug. 1, 1958, 72 Stat. 484, Pub. L. 85-584, title III, § 304; Oct. 24, 1962, 76 Stat. 1243, Pub. L. 87-882, § 3(c); June 30, 1970, 84 Stat. 356, Pub. L. 91-297, title I, § 105; Aug. 29, 1972, 86 Stat. 638, Pub. L. 92- 410, title I, § 108; Oct. 4, 2000, D.C. Law 13-160, § 103(f), 47 DCR 4619; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 § 904(b); Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(E).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-413.
1973 Ed., § 4-830.
Effect of Amendments
D.C. Law 13-160 added subsec. (c), relating to employees appointed pursuant to § 1-610.72.
Pub. L. 111-282, in subsec. (d)(1), deleted "the United States Secret Service Uniformed Division or" following "member of".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(f) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).
For temporary (225 day) amendment of section, see § 3(f) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 3(f) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).
For temporary (90-day) amendment of section, see § 3(f) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).
For temporary (90-day) amendment of section, see § 3(f) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).
For temporary (90-day) amendment of section, see § 3(f) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).
Legislative History of Laws
For Law 13-160, see § 4-406.
Whenever any officer or member of the Metropolitan Police force, including, notwithstanding any other law or regulation, any employee appointed pursuant to § 1-610.72, the Fire Department of the District of Columbia, or the United States Park Police force is changed or demoted from any class to a lower class, the Mayor of the District of Columbia, or the Secretary of the Interior, as the case may be, may, in his discretion, in changing or demoting such officer or member, fix his rate of compensation at any rate provided for the class to which he is changed or demoted which does not exceed his existing rate of compensation, except that if his existing rate falls between 2 step rates provided in such lower class, he may receive the higher of such rates.
(Aug. 1, 1958, 72 Stat. 484, Pub. L. 85-584, title III, § 305; Aug. 29, 1972, 86 Stat. 638, Pub. L. 92-410, title I, § 109; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 4, 2000, D.C. Law § 13-160, § 103(g), 47 DCR 4619; Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(F).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-414.
1973 Ed., § 4-831.
Effect of Amendments
D.C. Law 13-160, after "Whenever any officer or member of the Metropolitan Police force" added "including, notwithstanding any other law or regulation, any employee appointed pursuant to § 1-611.72".
Pub. L. 111-282 deleted "'the United States Secret Service Uniformed Division,' following "the Fire Department of the District of Columbia,", and deleted 'or the Secretary of the Treasury,' following "Mayor of the District of Columbia,".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(f) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).
For temporary (225 day) amendment of section, see § 3(f) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).
Legislative History of Laws
For Law 13-160, see § 4-541.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
