(a) There is established the Office of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualified electors of the District.
(b) The Mayor, established by subsection (a) of this section, shall be elected, on a partisan basis, for a term of 4 years beginning at noon on January 2nd of the year following his election.
(c)(1) No person shall hold the Office of Mayor unless he: (A) Is a qualified elector; (B) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for Mayor is to be held; and (C) is not engaged in any employment (whether as an employee or as a self-employed individual) and holds no public office or position (other than his employment in and position as Mayor), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall be construed as prohibiting such person, while holding the Office of Mayor, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. The Mayor shall forfeit his office upon failure to maintain the qualifications required by this paragraph.
(2) To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as Mayor only for the remainder of the term during which such vacancy occurred. When the Office of Mayor becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of the new Mayor at which time he shall again become Chairman. While the Chairman is Acting Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return of the regularly elected Chairman.
(d) The Mayor shall receive compensation, payable in equal installments, at a rate equal to the maximum rate, as may be established from time to time, for level III of the Executive Schedule in § 5314 of Title 5 of the United States Code. Such rate of compensation may be increased or decreased by act of the Council. Such change in such compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of Mayor next beginning after the date of such change. In addition, the Mayor may receive an allowance, in such amount as the Council may from time to time establish, for official, reception, and representation expenses, which he shall certify in reasonable detail to the Council.
(Dec. 24, 1973, 87 Stat. 789, Pub. L. 93-198, title IV, § 421; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(b).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-241.
1973 Ed., § 1-161.
Effect of Amendments
Pub. L. 112-145, in subsec. (c)(2), rewrote the first sentence which had read: "To fill a vacancy in the Office of Mayor, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph."
Temporary Amendments of Section
Section 2(b) of D.C. Law 18-301, in subsec. (c)(2), substituted "more than seventy days" for "more than one hundred fourteen days".
Section 3 of D.C. Law 18-301 provides that this act shall apply upon enactment by Congress.
Section 5(b) of D.C. Law 18-301 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(b), 3 of Special Election Reform Charter Emergency Amendment Act of 2010 (D.C. Act 18-591, November 3, 2010, 57 DCR 10470).
For temporary (90 day) addition of section, see § 3 of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).
For temporary (90 day) amendment of section, see § 2(b) of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).
For temporary (90 day) amendment of section, see § 301(c) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
Miscellaneous Notes
Section 401(c) of D.C. Law 19-124 provides for the substitution of "to be held; (C) has not been convicted of a felony while holding the office; and (D) is" for "to be held; and (C) is".
Section 601(j) of D.C. Law 19-124 provides:
"(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03)."
Section 3 of Pub. L. 112-145 provides:
"Sec. 3. EFFECTIVE DATE.
"The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act."
The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District government. In addition, except as otherwise provided in this chapter, all functions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan No. 3 of 1967, shall be carried out by the Mayor in accordance with this chapter. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the affairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions:
(1) The Mayor may designate the officer or officers of the executive department of the District who may, during periods of disability or absence from the District of the Mayor, execute and perform the powers and duties of the Mayor.
(2) The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the Office of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the date immediately preceding January 2, 1975, were subject to appointment and removal by the Commissioner of the District of Columbia. All actions affecting such personnel and such members shall, until such time as legislation is enacted by the Council superseding such laws and establishing a permanent District government merit system, pursuant to paragraph (3) of this section, continue to be subject to the provisions of acts of Congress relating to the appointment, promotion, discipline, separation, and other conditions of employment applicable to officers and employees of the District government, to § 1-207.13, and where applicable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order No. 5491 of November 18, 1930, relating to the appointment of District personnel. He shall appoint or assign persons to positions formerly occupied, ex officio, by the Commissioner of the District of Columbia or by the Assistant to the Commissioner and shall have power to remove such persons from such positions. The officers and employees of each agency with respect to which legislative power is delegated by this chapter and which immediately prior to January 2, 1975, was not subject to the administrative control of the Commissioner of the District, shall continue to be appointed and removed in accordance with applicable laws until such time as such laws may be superseded by legislation passed by the Council establishing a permanent District government merit system pursuant to paragraph (3) of this section.
(3) The Mayor shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, offices and agencies, except as otherwise provided by this chapter. Personnel legislation enacted by Congress prior to or after January 2, 1975, including, without limitation, legislation relating to appointments, promotions, discipline, separations, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans' preference applicable to employees of the District government as set forth in § 1-207.14(c), shall continue to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District government merit system. The District government merit system shall be established by act of the Council. The system shall apply with respect to the compensation of employees of the District government during fiscal year 2006 and each succeeding fiscal year, except that the system may provide for continued participation in all or part of the Federal Civil Service System and shall provide for persons employed by the District government immediately preceding the effective date of such system personnel benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of the system established pursuant to this chapter, except that nothing in this chapter shall prohibit the District from separating an officer or employee subject to such system in the implementation of a financial plan and budget for the District government approved under subpart B of subchapter VII of Chapter 3 of Title 47, and except that nothing in this section shall prohibit the District from paying an employee overtime pay in accordance with § 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. § 207). The District government merit system shall take effect not earlier than 1 year nor later than 5 years after January 2, 1975.
(4) The Mayor shall, through the heads of administrative boards, offices, and agencies, supervise and direct the activities of such boards, offices, and agencies.
(5) The Mayor may submit drafts of acts to the Council.
(6) The Mayor may delegate any of his functions (other than the function of approving or disapproving acts passed by the Council or the function of approving contracts between the District and the federal government under § 1-207.31) to any officer, employee, or agency of the executive office of the Mayor, or to any director of an executive department who may, with the approval of the Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be construed to permit the Mayor to delegate any functions assigned to the Chief Financial Officer of the District of Columbia under subchapter I-A of Chapter 3 of Title 47, without regard to whether such functions are assigned to the Chief Financial Officer under such section during a control year (as defined in § 47-393(4)) or during any other year.
(7) The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall assist the Mayor in carrying out his functions under this chapter, and shall perform such other duties as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established by the Mayor.
(8) The Mayor may propose to the executive or legislative branch of the United States government legislation or other action dealing with any subject, whether or not falling within the authority of the District government, as defined in this chapter.
(9) The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the District in accordance with law.
(10) The Mayor shall have the right, under rules to be adopted by the Council, to be heard by the Council or any of its committees.
(11) The Mayor is authorized to issue and enforce administrative orders, not inconsistent with this or any other Act of the Congress or any act of the Council, as are necessary to carry out his functions and duties.
(12) The Mayor may reorganize the offices, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within 60 days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization.
(Dec. 24, 1973, 87 Stat. 790, Pub. L. 93-198, title IV, § 422; Aug. 17, 1991, 105 Stat. 540, Pub. L. 102-106, § 3; Oct. 29, 1993, 107 Stat. 1350, Pub. L. 103-127, title I, § 140; Apr. 17, 1995, 109 Stat. 116, 147, Pub. L. 104-8, §§ 202(h), 302(b); Nov. 29, 1999, 113 Stat. 1515, Pub. L. 106-113, § 119(a); Oct. 16, 2006, 120 Stat. 2039, Pub. L. 109-356, § 303(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-242.
1973 Ed., § 1-162.
Effect of Amendments
Public Law 106-113, in par. (7), deleted "not to exceed level IV of the Executive Schedule established under § 5315 of Title 5 of the United States Code" from the end of the third sentence.
Pub. L. 109-356, in the fourth sentence of par. (3) substituted "The system shall apply with respect to the compensation of employees of the District government during fiscal year 2006 and each succeeding fiscal year, except that the system may provide" for "The system may provide".
Temporary Addition of Section
Section 2 to 4 of D.C. Law 18-300 added sections to read as follows:
"Sec. 2. Purpose.
"This act authorizes the Mayor to take appropriate action to assure continuity in the execution of the laws and in the conduct of the legislative and executive affairs of the District of Columbia government. The purposes of this act are to provide for the orderly transfer of the:
"(1) Executive duties and responsibilities of the Executive Office of the Mayor upon the expiration of the term of office of a Mayor and the assumption of those duties and responsibilities by a new Mayor; and
(2) Legislative duties and responsibilities of the Chairman of the Council upon the expiration of the term of office of a Chairman and the assumption of those duties and responsibilities by a new Chairman.
"Sec. 3. Transition activities.
"The Mayor, in the discharge of his duties pursuant to section 422 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code § 1-204.22), may make available to the Mayor-elect and the Chairman-elect from November 3, 2010, through the 15th day following the date of the inauguration of the Mayor-elect and the swearing-in of the Chairman-elect:
"(1) Office space, furniture, furnishings, computers, office machines, and supplies at whatever place or places within the District the Mayor designates at no cost to the Mayor-elect, the Chairman-elect, or their transition staffs;
"(2) The services of District employees;
"(3) The use of District motor vehicles; provided, that the vehicles are driven by District government employees;
"(4) Printing, binding, and duplicating services;
"(5) Postage and mailing services consistent with the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Official Code § 2-701 et seq.); and
"(6) Communication equipment and services.
"Sec. 4. Definitions.
"For the purposes of this act, the term:
"(1) 'Chairman-elect' means the person who is certified as the successful candidate for the office of Chairman of the Council by the District of Columbia Board of Elections and Ethics ("Board of Elections and Ethics") following the general election held to determine the Chairman, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Chairman.
"(2) 'Mayor-elect' means the person who is certified as the successful candidate for the office of Mayor by the Board of Elections and Ethics following the general election held to determine the Mayor, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Mayor."
Section 6(b) of D.C. Law 18-300 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary provision, on an emergency basis, to promote the orderly transfer of executive duties and responsibilities upon expiration of the term of office of the Mayor and the assumption of duties and responsibilities of the new Mayor, see §§ 2-6 of the Mayoral Transition Emergency Act of 1998 (D.C. Act 12- 541, 46 DCR 303).
For temporary (90 day) additions, see §§ 2 to 4 of Mayor and Chairman of the Council Transition Emergency Act of 2010 (D.C. Act 18-590, November 3, 2010, 57 DCR 10467).
References in Text
"§ 1-207.31", referred to in paragraph (6) of this section, was repealed by § 5(b) of the Act of September 13, 1982, Pub. L. 97-258. Present provisions similar to repealed § 1-207.31 are codified as § 1-207.31 and 31 U.S.C. § 1537.
Delegation of Authority
Delegation of authority--city administrator, see Mayor's Order 88-16, January 30, 1988.
Delegation of authority--state legalization impact assistance grants, see Mayor's Order 88-169, July 14, 1988.
Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 95-45, March 23, 1995.
Delegation of authority under D.C. Act 11-404, the "General Obligation Bond Act of 1996", see Mayor's Order 96-146, October 7, 1996 (43 DCR 5671).
Miscellaneous Notes
Report delineating actions taken to implement Multiyear Budget Spending Reduction and Support Act: Section 811 of the Multiyear Budget Spending and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197) provided that within 120 days of the effective date of the act, the Mayor shall submit to the Council a report delineating the actions taken by the executive to effect the directives of the Council in the act.
Office of the Secretary established: See Mayor's Orders 84-77, April 16, 1984; 84-112, July 11, 1984.
Office of Ombudsman established: See Mayor's Order 86-140, August 22, 1986.
Amendment of Mayor's Order 83-17, January 3, 1983, Establishment of the Office of Operations: See Mayor's Order 88-11, January 30, 1988.
Section 156 of Public Law 106-522 provides:
"(a) Notwithstanding the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Code 1- 601.01 et seq.), or any other District of Columbia law, statute, regulation, the provisions of the District of Columbia Personnel Manual, or the provisions of any collective bargaining agreement, employees of the District of Columbia government will only receive compensation for overtime work in excess of 40 hours per week (or other applicable tour of duty) of work actually performed, in accordance with the provisions of the Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq.
"(b) Subsection (a) of this section shall be effective December 27, 1996. The Resolution and Order of the District of Columbia Financial Responsibility and Management Assistance Authority, dated December 27, 1996, is hereby ratified and approved and shall be given full force and effect."
Establishment of the Office of Public Advocate, see Mayor's Order 99-55, March 5, 1999 (46 DCR 2832).
Amendment of Mayor's Order 96-176, dated 12-11-96, Establishing the Mayor's Office of Health Policy and the Mayor's Health Policy Council, see Mayor's Order 99-75, May 11, 1999 (46 DCR 5428).
Establishment of the D.C. Workforce Investment Council and Abolishment of the D.C. Workforce Investment Board (formerly known as the D.C. Private Industry Council and the State Job Training Coordinating Council), see Mayor's Order 99- 85, June 2, 1999 (46 DCR 5442).
Compensation for City Administrator: Section 119(a) of Pub. L. 104-194, 110 Stat. 2366, the District of Columbia Appropriations Act, 1997, provided that notwithstanding § 1-242(7) [§ 1-204.22(7), 2001 Ed.], the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under 5 U.S.C. § 5315.
Report delineating actions taken to implement Multiyear Budget Spending Reduction and Support Act: Section 811 of D.C. Law 10-253 provided that within 120 days of the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, the Mayor shall submit to the Council a report delineating the actions taken by the executive to effect the directives of the Council in the Multiyear Budget Spending Reduction and Support Act of 1995, including:
(1) Negotiations with representatives of collective bargaining units to reduce employee compensation;
(2) Actions to restructure existing long-term city debt;
(3) Actions to apportion the spending reductions anticipated by the directives of this chapter to the executive for unallocated reductions; and.
(4) A list of any position that is backfilled including description, title, and salary of this position.
Section 1301(b) of D.C. Law 10-253 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, whichever occurs first.
Establishment--Office of Partnership and Resource Development, see Mayor's Order 2001-132, September 10, 2001 (48 DCR 8993).
Establishment of Office of Policy Research and Development, see Mayor's Order 2001-185, December 19, 2001 (48 DCR 11735).
Establishment of Office of Legislative Support, see Mayor's Order 2001-186, December 19, 2001 (48 DCR 11738).
Establishment of Office of Community Outreach, see Mayor's Order 2001-187, December 19, 2001 (48 DCR 11741).
Establishment of Office of Boards and Commissions, see Mayor's Order 2001-189, December 19, 2001 (48 DCR 11744).
(a) The Mayor shall be the central planning agency for the District. He shall be responsible for the coordination of planning activities of the municipal government and the preparation and implementation of the District's elements of the comprehensive plan for the National Capital which may include land use elements, urban renewal and redevelopment elements, a multi-year program of municipal public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as defined in §§ 10-503.11 and 10-503.26, or to any extension thereof or addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen involvement in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a proposed District element of the comprehensive plan (including amendments thereto) affecting or relating to the District.
(b) The Mayor shall submit the District's elements and amendments thereto to the Council for revision or modification, and adoption by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amendments thereto to the National Capital Planning Commission for review and comment with regard to the impact of such elements or amendments on the interests and functions of the federal establishment, as determined by the Commission.
(c) Such elements and amendments thereto shall be subject to and limited by determinations with respect to the interests and functions of the federal establishment as determined in the manner provided by act of Congress.
(Dec. 24, 1973, 87 Stat. 792, Pub. L. 93-198, title IV, § 423.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-244.
1973 Ed., § 1-163.
Miscellaneous Notes
Comprehensive plan goals and policies: Act of March 3, 1979, D.C. Law 2-134, established the goals and policies of the District of Columbia as the first District element of the comprehensive plan for the National Capital.
Section 4 of the District of Columbia Comprehensive Plan Act of 1984 (D.C. Law 5-76) repealed the District of Columbia Comprehensive Plan Goals and Policies Act of 1978 (D.C. Law 2-134).
District of Columbia Comprehensive Plan of 1984: Section 2 of D.C. Law 8-129, as amended by § 201 of D.C. Law 8-132, amended Titles I through VIII, X and XI, and added Title XII to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76. D.C. Law 8-129 was reprinted in its entirety in 37 DCR 55. Amended Titles I through VII, X, XI, and new Title XII will be codified at Title 10 of the District of Columbia Municipal Regulations. D.C. Law 8-132 is found at 37 DCR 2213.
Establishment of District of Columbia Advisory Council on Memorials: See Mayor's Order 89-201, September 8, 1989.
Review of District elements by National Capital Planning Commission: Section 6(b) of D.C. Law 5-187, and § 4(b) of D.C. Law 8-129, provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in subsection (a) of § 2-1002 and this section.
