§ 1-604.07. Transfer of personnel functions to Office of Personnel; exception; property and funds transferred; separation and reassignment of transferred employee.
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Current through October 23, 2012
All positions and employees of the District who spent 50 percent or more of their regular duty hours on January 1, 1976, or at any time since that date performing personnel functions, are transferred to the Office of Personnel unless properly reclassified by the District of Columbia Office of Personnel, except as provided herein. The provisions of this section shall not apply to employees in positions within the independent agencies. All property and funds associated with those positions and employees transferred to the Office of Personnel are transferred thereto as provided in subchapter XXXVI of this chapter unless prohibited by statute. Any employee found to be superfluous to the needs of the Office of Personnel shall be separated from his or her position in accordance with appropriate reduction-in-force procedures as provided in subchapter XXIV of this chapter. The Mayor may authorize the reassignment of such employees as is appropriate.
(Mar. 3, 1979, D.C. Law 2-139, § 407, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-604.7.
1973 Ed., § 1-334.7.
Temporary Addition of Section
For temporary (225 day) amendment of section, see § 2 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) transfer of powers, duties, and functions to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).
For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 2 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).
For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).
For temporary transfer, due to Congressional review, of the operation of the Disability Compensation Program from the Office of Personnel to the Office of the City Administrator, see § 2 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For Law 15-39, see notes following § 1-204.42.
Miscellaneous Notes
Government Employees Disability Compensation Reorganization: Section 1202 of D.C. Law 14-28 provides:
"(a) All of the powers, duties and functions authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), as set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor's Order 79-84, effective May 10, 1979.
"(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Employment Services for the administration and operation of the disability compensation program for District government employees authorized by Title XXIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-623.01 et seq.), and set forth in Part C, section III of Reorganization Plan No. 3 of 1980, effective January 10, 1981, except for the disability compensation formal hearing and administrative appeal functions, which shall remain in the Labor Standards Bureau of the Department of Employment Services, are hereby transferred to the Office of Personnel, established pursuant to Mayor's Order 79-84, effective May 10, 1979.
"(c) The Office of Personnel shall pay the Department of Employment Services for the cost of disability compensation hearing and administrative appeal functions, pursuant to an assessment by the Department of Employment Services."
Section 2002 of D.C. Law 15-39 provides:
"(a) All of the powers, duties, and functions transferred to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator.
"(b) All property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Office of Personnel under section 1202 of the District of Columbia Government Employees Disability Compensation Reorganization and Amendment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; 48 DCR 6891), are hereby transferred to the Office of the City Administrator."
Short title of title XX of Law 15-39: Section 2001 of D.C. Law 15-39 provided that title XX of the act may be cited as the Disability Compensation Program Transfer and Risk Management Amendment Act of 2003.
