D.C. Code § 1-609.03

Current through codified legislation effective September 18, 2024

Section 1-609.03 - Number of Excepted Service employees; redelegation of authority to appoint; publication requirement

(a) Under qualifications issued pursuant to § 1-609.01, each appropriate personnel authority may appoint persons to the Excepted Service as follows:

(1) The Mayor may appoint no more than 220 persons;

(2) The Members of the Council of the District of Columbia may appoint persons to their staffs, except those permanent technical and clerical employees appointed by the Secretary or General Counsel and those in the Legal Service;

(2A) The Attorney General may appoint no more than 30 persons;

(3) The Inspector General may appoint no more than 15 persons;

(4) The District of Columbia Auditor may appoint no more than 4 persons;

(5) The Chief of Police may appoint no more than 6 persons;

(6) The Chief of the Fire and Emergency Medical Services Department may appoint no more than 6 persons;

(7) The Board of Trustees of the University of the District of Columbia may appoint officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service; provided, that the total number of persons appointed by the University to the Excepted Service shall not exceed 20;

(8) The Criminal Justice Coordinating Council may appoint no more than 9 persons;

(9) The District of Columbia Sentencing and Criminal Code Revision Commission may appoint no more than 11 persons;

(10) The State Board of Education may appoint staff to serve an administrative role for the elected members of the Board; provided, that funding is available and that at least 3 full-time equivalent employees are appointed to the Office of Ombudsman for Public Education.

(11) Each other personnel authority not expressly designated in paragraphs (1) through (10) of this subsection may appoint 2 persons.

(b) The authority to appoint persons to the Excepted Service, which is vested in subsection (a) of this section, may be redelegated, in whole or in part.

(c) Within 45 days of actual appointment and within 45 days of any change in such appointment, the names, position titles, and agency placements of all persons appointed to Excepted Service positions under the authority of this section shall be:

(1) Published in the District of Columbia Register; and

(2) Posted online on a website accessible to the public.

(d) At the discretion of the personnel authority, an individual appointed to the Excepted Service at grade level DS-11 or above pursuant to this section:

(1) May be paid in accordance with the pay schedule for the Management Supervisory Service as provided in § 1-609.56; and

(2) May be placed in any step of the appropriate grade of that schedule.

(e) The personnel authority may authorize performance incentives for exceptional service for individuals appointed pursuant to this section not to exceed 10% of the rate of basic pay in any year. Such exceptional service incentives may be paid only when the Excepted Service employee is bound by a performance contract that clearly identifies measurable goals and outcomes and the employee has exceeded contractual expectations in the year for which the incentive is paid.

(f) An individual appointed to the Excepted Service pursuant to this section or § 1-609.08 may be paid severance pay upon separation for non-disciplinary reasons according to the length of the individual's employment with the District government as follows:

Length of Employment	Maximum Severance
Up to 6 months	2 weeks of the employee's basic pay
6 months to 1 year	4 weeks of the employee's basic pay
1 to 3 years	8 weeks of the employee's basic pay
More than 3 years	10 weeks of the employee's basic pay.

(g)

(1) Pursuant to regulations as the Mayor may prescribe, the following expenses may be paid to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position at a DS-11 or above:

(A) Reasonable pre-employment travel expenses;

(B) Reasonable relocation expenses for the Excepted Service selectee or appointee and his or her immediate family if they relocate to the District of Columbia from outside the Greater Washington Metropolitan Area; and

(C) A reasonable temporary housing allowance, for a period not to exceed 60 days, for the Excepted Service selectee or appointee and his or her immediate family.

(2) In no event shall the sum of pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10% of the appointee's salary, whichever is less.

(h) Within 90 days of September 10, 1999, and notwithstanding any other law or regulation, the Mayor shall submit to the Council for approval under the provisions of § 1-611.06, regulations establishing the Metropolitan Police Department Excepted Service Sworn Employees" Compensation System. Such regulations shall establish policies and procedures governing the compensation, promotion, transfer, and demotion of Metropolitan Police Department excepted service sworn employees appointed pursuant to section § 1-609.03(a)(2).

D.C. Code § 1-609.03

Mar. 3, 1979, D.C. Law 2-139, § 903, 25 DCR 5740; Aug. 2, 1983, D.C. Law 5-24, § 12(b), 30 DCR 3341; Feb. 24, 1987, D.C. Law 6-177, § 3(i), 33 DCR 7241; Feb. 28, 1987, D.C. Law 6-205, § 2(b), 34 DCR 670; Aug. 1, 1996, D.C. Law 11-152, § 302(h), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(h), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, § 302, 45 DCR 7193; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Mar. 7, 2000, D.C. Law 13-52, § 2, 46 DCR 9911; Oct. 19, 2000, D.C. Law 13-172, § 2402(a), 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, §§ 1002, 1507(a)(2), 3803(b), 48 DCR 6981; Sept. 30, 2004, D.C. Law 15-190, § 3(b), 51 DCR 6737; Apr. 7, 2006, D.C. Law 16-91, § 110(c), 52 DCR 10637; June 16, 2006, D.C. Law 16-126, § 3(b), 53 DCR 4709; Mar. 20, 2008, D.C. Law 17-122, § 2(b), 55 DCR 1506; Mar. 14, 2012, D.C. Law 19-115, § 2(d), 59 DCR 461; Apr. 27, 2013, D.C. Law 19-284, § 2(b), 60 DCR 2312; Dec. 24, 2013, D.C. Law 20-61, §§ 1072(a), 4062, 60 DCR 12472; May 2, 2015, D.C. Law 20-267, § 2(b), 62 DCR 1543; Oct. 22, 2015, D.C. Law 21-36, §§ 1033(d), 3032, 62 DCR 10905.

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 § 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.

Applicability of § 101(h) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by §60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Applicability: Section 4 of D.C. Law 16-126 provided: "This act shall apply as of January 1, 2007."

Section 4 of D.C. Law 19-115 provided: "Sec. 4. Applicability. Section 2(d) shall apply as of January 1, 2013."

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.