The Council of the District of Columbia finds that:
(1) The provisions of § 1-204.22(3) require that the Council of the District of Columbia adopt a comprehensive merit system of personnel management for the government of the District of Columbia before January 2, 1980.
(2) The provisions of sections §§ 1-202.01(f), 1-202.04(g), 1- 204.22(3), 1-207.13(c) and (d), and 1-207.14(c), guarantee certain benefits to incumbent employees of the District of Columbia government and those persons transferred to the District of Columbia government from the formerly independent National Capital Housing Authority, District of Columbia Redevelopment Land Agency and the District of Columbia Department of Manpower including, without limitation, benefits relating to appointments, promotions, discipline, separation, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans preference.
(3) The present authority for filling positions within the District of Columbia government is fragmented, both between the United States Civil Service Commission and the District of Columbia government, and among various subdivisions of the District government, such as, the District of Columbia Board of Education, the Trustees of the University of the District of Columbia and other independent boards and commissions.
(Mar. 3, 1979, D.C. Law 2-139, § 102, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-601.1.
1973 Ed., § 1-331.1.
Legislative History of Laws
Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Director of Personnel and Chief of Police, see Mayor's Order 99-79, May 13, 1999 (46 DCR 5436).
Miscellaneous Notes
Pub.L. 106-113, Div. A, Title I, § 120, Nov. 29, 1999, 113 Stat. 1515, and Pub. L. 107-96, § 111(a), Dec. 21, 2001, 115 Stat. 948, provided:
"Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2- 139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code."
Two Percent (2%) Mid-Year Adjustment of Pay Rates for Career & Excepted Service Employees of the D.C. Within the Scope of Collective Bargaining Represented by Compensation Units 1 (DS), 2 (WG) and 14 (LPNs): See Mayor's Order 90-70, May 7, 1990.
(a) The Council of the District of Columbia declares that it is the purpose and policy of this chapter to assure that the District of Columbia government shall have a modern flexible system of public personnel administration, which shall:
(1) Provide for increasingly autonomous control over personnel administration by the District of Columbia government;
(2) Create uniform systems for personnel administration among the executive departments and agencies reporting directly to the Mayor of the District of Columbia and among independent agencies, boards, and commissions in the District of Columbia government;
(3) Create separate personnel management systems for educational employees of the School of Law, the District of Columbia Board of Education, and the University of the District of Columbia;
(4) Insure the efficient administration of this personnel system;
(5) Establish impartial and comprehensive administrative or negotiated procedures for resolving employee grievances;
(6) Provide for a positive policy of labor-management relations including collective bargaining between the District of Columbia government and its employees; and
(7) Establish the means to recruit, select, develop, and maintain an effective and responsive work force consistent with merit principles.
(b) The Career and Educational Services established in subchapters VIII and VIII-A of this chapter shall follow merit principles such as the following:
(1) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills, including open and competitive consideration of qualified applicants for initial appointment;
(2) Providing equitable and adequate compensation;
(3) Training employees, as needed, to assure high-quality performance;
(4) Retaining employees on the basis of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; and
(5) Assuring, as provided in this chapter, fair treatment of applicants and employees in all aspects of employment without regard to political affiliation, race, color, national origin, sex, religious belief, age, marital status, personal physical appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, or developmental disability. A proper regard shall be accorded all rights of privacy and other constitutionally protected rights of citizens.
(c) Employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.
(Mar. 3, 1979, D.C. Law 2-139, § 103, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(a), 33 DCR 7241; Apr. 24, 2007, D.C. Law 16-305, § 3(a), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 3(a), 55 DCR 3696.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-601.2.
1973 Ed., § 1-331.2.
Effect of Amendments
D.C. Law 16-305, in subsec. (b)(5), substituted "disability" for "handicap".
D.C. Law 17-177, in subsec. (f), substituted "sexual orientation, gender identity or expression" for "sexual orientation or preference".
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Law 6-177 was introduced in Council and assigned Bill No. 6-472, which was referred to the Committee on Education. The Bill was adopted on first and second readings on September 23, 1986 and October 7, 1986, respectively. Approved without the signature of the Mayor on October 31, 1986, it was assigned Act No. 6-227 and transmitted to both Houses of Congress for its review.
For Law 16-305, see notes following § 1-307.02.
For Law 17-177, see notes following § 1-309.01.
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.
