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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 1. Government Organization. |
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Chapter 2. District of Columbia Home Rule. |
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Subchapter VII. Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates. |
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Part B. Succession in Government.
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The District of Columbia Council, the Offices of Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia Council, and the 7 other members of the District of Columbia Council, and the Offices of the Commissioner of the District of Columbia and Assistant to the Commissioner of the District of Columbia, as established by Reorganization Plan No. 3 of 1967, are abolished as of noon January 2, 1975. This section shall not be construed to reinstate any governmental body or office in the District abolished in said plan or otherwise heretofore.
(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 711.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-211.
1973 Ed., § 1-131.
No function of the District of Columbia Council (established under Reorganization Plan No. 3 of 1967) or of the Commissioner of the District of Columbia which such District of Columbia Council or Commissioner has delegated to an officer, employee, or agency (including any body of or under such agency) of the District, nor any function now vested pursuant to § 501 of Reorganization Plan No. 3 of 1967 in the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment, Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or under such agency, shall be considered as a function transferred to the Council pursuant to § 1-204.04(a). Each such function is hereby transferred to the officer, employee, or agency (including any body of or under such agency), to whom or to which it was delegated, or in whom or in which it has remained vested, until the Mayor or Council established under this chapter, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation or vesting.
(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-212.
1973 Ed., § 1-132.
(a) In each case of the transfer, by any provision of this chapter, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby authorized to be transferred (as of the time of such transfer of functions) to the Council, to the Mayor, to such agency, or to the agency of which such officer is the head, for use in the administration of the functions of the Council or such agency or officer, the personnel (except the Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the other members thereof, all of whose officers are abolished by this chapter), property, records, and unexpended balances of appropriations and other funds which relate primarily to the functions so transferred.
(b) If any question arises in connection with the carrying out of subsection (a) of this section, such questions shall be decided:
(1) In the case of functions transferred from a Federal officer or agency, by the Director of the Office of Management and Budget; and
(2) In the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferred to him or to any other officer of agency.
(c) Any of the personnel authorized to be transferred to the Council, the Mayor, or any agency by this section which the Council or the head of such agency shall find to be in excess of the personnel necessary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.
(d) No officer or employee shall, by reason of his transfer to the District government under this chapter or his separation from service under this chapter, be deprived of any civil service rights, benefits, and privileges held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service.
(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 713.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-212.1.
1973 Ed., § 1-131 note.
(a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this chapter shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer, references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this chapter shall be held and considered to refer to the officer or agency to which the transfer is made.
(b) As used in subsection (a) of this section, the term "other action" includes, without limitation, any rule, order, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation.
(c) Unless otherwise specifically provided in this chapter, nothing contained in this chapter shall be construed as affecting the applicability to the District government of personnel legislation relating to the District government until such time as the Council may otherwise elect to provide equal or equivalent coverage.
(Dec. 24, 1973, 87 Stat. 819, Pub. L. 93-198, title VII, § 714.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-213.
1973 Ed., § 1-133.
(a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this chapter; but the court, unless it determines that the survival of such suit, action, or other proceedings is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.
(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this chapter, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 715.)
Until the 1st day of July next after the first Mayor takes office under this chapter no vacancy occurring in any District agency by reason of § 1-207.11, abolishing the offices of Commissioner of the District of Columbia and Assistant to the Commissioner, shall affect the power of the remaining members of such agency to exercise its functions; but such agency may take action only if a majority of the members holding office vote in favor of it.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 716.)
(a) All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in § 1-102. Said Corporation shall continue to be charged with all the duties, obligations, responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges, immunities, and assets, respectively, imposed upon and vested in said Corporation or the Commissioner.
(b) No law or regulation which is in force on January 2, 1975 shall be deemed amended or repealed by this chapter except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of § 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of chapter 73 of title 5, United States Code in whole or in part.
(c) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 717.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., §§ 1-101(b), 1-102(b).
(a) The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, and the District of Columbia Commission on Judicial Disabilities and Tenure shall continue as provided under the District of Columbia Court Reorganization Act of 1970 subject to the provisions of part C of subchapter IV of this chapter and § 1-206.02(a)(4).
(b) The term and qualifications of any judge of any District of Columbia court, and the term and qualifications of any member of the District of Columbia Commission on Judicial Disabilities and Tenure appointed prior to the effective date of subchapter IV of this chapter shall not be affected by the provisions of part C of subchapter IV of this chapter. No provision of this chapter shall be construed to extend the term of any such judge or member of such Commission. Judges of the District of Columbia courts and members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed after the effective date of subchapter IV of this chapter shall be appointed according to part C of such subchapter IV.
(c) Nothing in this chapter shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benefits accruing under §§ 11-1561 through 11-1571 and §§ 11-703 and 11-904, dealing with the retirement and compensation of the judges of the District of Columbia courts.
(Dec. 24, 1973, 87 Stat. 820, Pub. L. 93-198, title VII, § 718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., Title 11, appx., § 718.
1973 Ed., Title 11, appx., § 718.
The term of any member elected to the District of Columbia Board of Education, and the powers and duties of the Board of Education shall not be affected by the provisions of § 1-204.95. No provision of such section shall be construed to extend the term of any such member or to terminate the term of any such member.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 719.)
