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Current through October 23, 2012
(a) Notwithstanding any other provision of law, during any control period in effect under part B of subchapter VII of this chapter the following shall apply:
(1) The heads and all personnel of the following offices, together with all other District of Columbia accounting, budget, and financial management personnel (including personnel of independent agencies but not including personnel of the legislative and judicial branches of the District government), shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer:
(A) The Office of the Treasurer;
(B) The Controller of the District of Columbia;
(C) The Office of the Budget;
(D) The Office of Financial Information Services; and
(E) The Department of Finance and Revenue. The District of Columbia Financial Responsibility and Management assistance Authority established pursuant to § 47-391.01, may remove such individuals from office for cause, after consultation with the Mayor and the Chief Financial Officer.
(2) The Chief Financial Officer shall prepare and submit to the Mayor,for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat. 774; Public Law 93-198) [§§1-204.41 through 1- 204.56e], as amended, for each fiscal year occurring during a control period in effect under part B of subchapter VII of this chapter, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Chief Financial Officer for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to §§ 1-204.46 and 1-206.03(c), without revision but subject to recommendations. Notwithstanding any other provisions of the District of Columbia Home Rule Act, Public Law 93-198, approved December 24, 1973 [Chapter 2 of Title 1, D.C. Official Code], the Council may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates.
(Sept. 9, 1996, 110 Stat. 2375, Pub. L. 104-194, § 142; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-317.3a.
References in Text
"Part D of title IV of the District of Columbia Home Rule Act," referred to in (a)(2), is Part D of title IV of the Act of December 24, 1973, 87 Stat. 774, Pub. L. 93-198 which is composed of §§ 441 through 456 of the act.
Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
Miscellaneous Notes
Powers of Chief Financial Officer for Fiscal Years ending September 30, 1996 and September 30, 1997: Section 152 of Pub. L. 104-134, 110 Stat. 1321 [220], provided that "Notwithstanding any other provision of law, for the fiscal years ending September 30, 1996 and September 30, 1997 --
"(a) the heads and all personnel of the following offices, together with all other District of Columbia executive branch accounting, budget, and financial management personnel, shall be approved by, and shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer:
"The Office of the Treasurer.
"The Controller of the District of Columbia.
"The Office of the Budget.
"The Office of Financial Information Services.
"The Department of Finance and Revenue.
"The District of Columbia Financial Responsibility Management Assistance Authority established pursuant to Public Law 104-8, approved April 17, 1995, may remove such individuals from office for cause, after consultation with the Mayor and the Chief Financial Officer.
"(b) The Chief Financial Officer shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act of 1993, approved December 24, 1973 (87 Stat. 774; Public Law 93-198), as amended, for fiscal years 1996, 1997 and 1998, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Chief Financial Officer for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to sections 446 and 603(c) of such Act, without revision but subject to recommendations. Notwithstanding any other provisions of such Act, the Council may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates."