Subchapter II. Coverage; Status of Present Employees; Retention of Existing Personnel Rights and Benefits.
(a) Except as provided in subsection (c) of this section, unless specifically exempted from certain provisions, this chapter shall apply to all employees of the District of Columbia government, except the Chief Judges and Associate Judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals and the nonjudicial personnel of said Courts. With the exception of subchapters V and XVII of this chapter, and § 1-608.01(e), employees of the D.C. General Hospital and the D.C. General Hospital Commission shall be exempt from the provisions of this chapter.
(b) Repealed.
(c) The provisions of subchapter XV-A shall apply to employees of all District agencies, including, but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department.
(d) With the exception of subchapters V, XXVII, XV-A, XXI, XXII, XXIII and XXVI, employees of the District of Columbia Housing Authority shall be exempt from the provisions of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 201, 25 DCR 5740; Oct. 1, 1987, D.C. Law 7-27, § 2(a), 34 DCR 5079; Mar. 16, 1989, D.C. Law 7-228, § 2(a), 36 DCR 754; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261(b)(1); Oct. 7, 1998, D.C. Law 12-160, § 102(a)(1), 45 DCR 5147; May 9, 2000, D.C. Law 13- 105, § 27, 47 DCR 1325; June 12, 2003, D.C. Law 14-310, § 4(a), 50 DCR 1092.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.1.
1973 Ed., § 1-332.1.
Effect of Amendments
D.C. Law 13-105 added subsec. (d).
D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.
Emergency Act Amendments
For temporary amendment of section, see § 102(a)(1) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(1) of the Whistleblower Reinforcement Congressional Review Emergency Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).
For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).
For temporary (90-day) amendment of section, see § 26 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).
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 7-27, see Historical and Statutory Notes following § 1-621.02.
Law 7-228 was introduced in Council and assigned Bill No. 7-536, 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 11, 1989, it was assigned Act No. 7-303 and transmitted to both Houses of Congress for its review.
Law 12-160, the "Whistleblower Reinforcement Act of 1998," was introduced in Council and assigned Bill No. 12-191, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on June 23, 1998, it was assigned Act No. 12-398 and transmitted to both Houses of Congress for its review. D.C. Law 12-160 became effective on October 7, 1998.
Law 13-105, the "District of Columbia Housing Authority Act of 1999," was introduced in Council and assigned Bill No. 13-169, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-254 and transmitted to both Houses of Congress for its review. D.C. Law 13-105 became effective on May 9, 2000.
For Law 14-310, see notes following § 1-307.63.
Miscellaneous Notes
Washington Convention Center: Section 9-817 of the D.C. Code provides that the District of Columbia Government Comprehensive Merit Personnel Act of 1978 shall not apply to employees of the Washington Convention Center.
The provisions of this chapter shall apply to the following employees of the District of Columbia government only to the following extent:
(1) The Mayor and each member of the Council of the District of Columbia are entitled to pay, as provided in § 1-611.09, in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a). The Mayor and each member of the Council of the District of Columbia may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter, and are covered by the provisions of subchapters XVIII, XXV, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;
(2) The President and each member of the District of Columbia Board of Education are entitled to pay, as provided in § 1-611.10, and may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter. The President and each member of the District of Columbia Board of Education are covered by the provisions of subchapters XXV, XXVIII, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;
(3) Except as otherwise provided in this chapter, each member of a board or commission appointed to perform part-time, temporary or intermittent duties is entitled to pay as provided in § 1-611.08. Full-time employees who serve on boards and commissions shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11. Individuals serving as employees of boards and commissions shall be covered by the provisions of § 1-608.01(e). Members of boards and commissions are covered by the provisions of subchapters XVIII, XIII, XV, XXIX, XXX, and XXXI and §§ 1-604.08 and 1-608.01(e) and shall, if eligible under the terms of an agreement entered into by the Mayor and a federal agency under the provisions of subchapter XXVIII of this chapter, be covered by the provisions of subchapters XXI, XXII, and XXVI of this chapter. This section shall not apply to compensation received by the Board of Education as provided in § 1-611.10;
(4) Each person employed as an educational employee of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of § 1-602.03.
(5) Each person employed by an Advisory Neighborhood Commission shall be governed by the provisions of subchapters XXI and XXII of this chapter.
(6) Notwithstanding any other provision of District law, subchapter XV-A shall apply to all District employees.
(Mar. 3, 1979, D.C. Law 2-139, § 202, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(a), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(b), 33 DCR 7241; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 6, 1991, D.C. Law 8-203, § 4, 37 DCR 8420; Aug. 1, 1996, D.C. Law 11-152, § 302(a), 43 DCR 2978; Oct. 7, 1998, D.C. Law 12-160, § 102(a)(2), 45 DCR 5147; June 12, 2003, D.C. Law 14-310, § 4(b), 50 DCR 1092.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.2.
1973 Ed., § 1-332.2.
Effect of Amendments
D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.
Emergency Act Amendments
For temporary amendment of section, see § 102(a)(2) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(2) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Law 3-81 was introduced in Council and assigned Bill No. 3-236, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 22, 1980 and May 20, 1980, respectively. Signed by the Mayor on June 4, 1980, it was assigned Act No. 3-195 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.
Law 8-203 was introduced in Council and assigned Bill No. 8-626, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-277 and transmitted to both Houses of Congress for its review.
Law 11-152, the "Fiscal Year 1996 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-655, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 2, 1996, and May 7, 1996, respectively. Signed by the Mayor on May 28, 1996, it was assigned Act No. 11-279 and transmitted to both Houses of Congress for its review. D. C. Law 11-152 became effective on August 1, 1996.
For legislative history of D.C. Law 12-160, see Historical and Statutory Notes following § 1-602.01.
For Law 14-310, see notes following § 1-307.63.
Effective Dates
Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March 16, 1989).
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
(a) Educational employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of this chapter with the exception of subchapters VIII, IX (except to the extent provided therein), and X-A of this chapter. Subchapter VIII-A of this chapter shall only apply to such educational employees.
(b) Educational employees of the Board of Trustees of the University of the District of Columbia shall not be governed by the provisions of § 1-609.01 relating to the development of job descriptions in consultation with the Mayor. The Board of Trustees of the University of the District of Columbia shall develop policies on classification, appointment, promotion, retention, and tenure of employees consistent with the educational missions of their respective schools and in accordance with the sound policies and practices of the American Bar Association in the case of the School of Law, and of land-grant universities that meet the standards established by the College and Universities Personnel Association in the case of the University of the District of Columbia. Additionally, educational employees shall not be covered by subchapters VIII, X, XI (except as it provides for pay setting), XIII, XIII-A, XIX, and XXIV of this chapter.
(c) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant to fill all positions as non-educational employees of the District of Columbia Board of Education and Board of Trustees of the University of the District of Columbia unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the respective Boards. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The District of Columbia Board of Education and Board of Trustees of the University of the District of Columbia shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
(Mar. 3, 1979, D.C. Law 2-139, § 203, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(c), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(b), 43 DCR 2978; Mar. 24, 1998, D.C. Law 12-81, § 2(a), 45 DCR 745; Apr. 12, 2000. D.C. Law 13-91, § 103(a), 47 DCR 520; Feb. 6, 2008, D.C. Law 17- 108, § 203(a), 54 DCR 10993.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.3.
1973 Ed., § 1-332.3.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), in the first sentence, substituted "XI-A" for "XI".
D.C. Law 17-108 added subsec. (c).
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 6-177, see Historical and Statutory Notes following § 1-601.02.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
Law 12-81, the "Technical Amendments Act of 1997," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.
For Law 17-108, see notes following § 1-209.05.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: See Historical and Statutory Notes following § 1-602.02.
(a) Persons employed by the District of Columbia government serving on the date that this chapter becomes effective, as provided in § 1-636.02, shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of personnel law and rules and regulations in force on the date immediately prior to the date that this chapter becomes effective as provided in § 1-636.02.
(b) All provisions of existing contracts between the District government and labor organizations shall be honored until their expiration.
(c) On January 1, 1980, all persons employed by the District of Columbia government, including those persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02, shall automatically transfer into the appropriate personnel system as established pursuant to subchapters VIII and VIII-A of this chapter or § 1- 609.04 or 1-609.09. The classification of and compensation for the position assumed upon transfer, and the rights and benefits inhering in such position, shall be at least equal to the classification, compensation, rights and benefits associated with the position from which said employee is transferred. The rights and benefits protected under this subsection shall be only those applicable to said employees under the provisions of personnel laws and rules and regulations in force on December 31, 1979: Provided, however, that no employee covered under the provision of this subsection shall be reduced in pay except as provided in subchapter XXIV of this chapter.
(d) After January 1, 1980, persons employed by the District of Columbia government on the date that this chapter becomes effective as provided in § 1-636.02 and who transfer into the appropriate personnel system, pursuant to subsection (c) of this section, shall be governed by the provisions of this chapter, with the exception of subsection (e) of § 1-608.01 and subsection (d) of § 1-608.01a.
(e) Employees hired on or after the date that this chapter becomes effective as provided in § 1-636.02 shall be governed by all the provisions of this chapter without exception.
(Mar. 3, 1979, D.C. Law 2-139, § 204, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 21(b), 27 DCR 2632.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.4.
1973 Ed., § 1-332.4.
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 3-81, see Historical and Statutory Notes following § 1-602.02.
References in Text
Section 1-609.09, referenced in (c), was repealed by D.C. Law 12-260, § 2(f), 46 DCR 1318, effective April 20, 1999.
In accordance with the provisions of § 1-602.04, the Mayor and each personnel authority shall cause the development of unified systems for all employees of the District of Columbia government. Each employee of the District of Columbia government employed on December 31, 1979, shall be guaranteed no reduction of current pay and benefits except as provided in subchapter XXIV of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 205, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.5.
1973 Ed., § 1-332.5.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
§ 1-602.06. Supersession provisions; effectiveness of collective bargaining on compensation matters.
On the date that the provisions of § 1-617.16 become operational and negotiations commence concerning compensation matters, all employees of the District government in the appropriate bargaining units under § 1-617.16, including those described in § 1-602.04, shall be subject to the procedures and provisions for establishing compensation provided in § 1-617.16: Provided, however, that no employee subject to the provisions of § 1-602.04 shall be reduced in actual pay, except in accordance with the provisions of subchapter XXIV of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 206, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-602.6.
1973 Ed., § 1-332.6.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
