For the purpose of this chapter unless otherwise required by the context:
(1) The term "agency" means any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term "agency" shall also include any unit of the District of Columbia government created by the reorganization of 1 or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" shall not include the Council.(1A) The term "Attorney General" means the Attorney General for the District of Columbia.(2) The term "boards and commissions" means bodies established by law or by order of the Mayor of the District of Columbia consisting of appointed members to perform a trust or execute official functions on behalf of the District of Columbia government. Compensation or reimbursement of expenses, if any, to such members shall be provided according to § 1-611.08; provided, however, that full-time employees shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11.(3) The term "Career Service" means positions in the District of Columbia government as provided for in subchapter VIII of this chapter and § 1-602.04.(4) The term "Council" means the Council of the District of Columbia, created pursuant to § 1-204.01.(5) The term "District" means the District of Columbia government (§ 1-102 ).(5A) The term "domestic partner" shall have the same meaning as provided in § 32-701(3).(5B) The term "domestic partnership" shall have the same meaning as provided in § 32-701(4).(5C) The term "domicile" means: (A) Physical presence in the District of Columbia; and(B) An intent to abandon any and all former domiciles and remain in the District of Columbia during the duration of the appointment.(6) The term "educational employee" means an employee of the District of Columbia Board of Education or of the Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions: (A) Clerical, stenographic, or secretarial positions;(B) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;(C) Bus drivers and other drivers involved in the transportation of persons, equipment, materials or inventory;(D) Cooks, dieticians, and other positions involved in direct planning, preparation, service, and conditions of preparation and service of food;(E) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or(F) Positions the major duties in which consist of the supervision of employees covered in subparagraphs (A) through (E) of this definition: provided, however, that this subparagraph shall not be deemed to include heads of academic units at the School of Law or the University of the District of Columbia.(7) The term "employee" means, except when specifically modified in this chapter, an individual who performs a function of the District government and who receives compensation for the performance of such services.(7A) The term "entry-level" means a competitive District government position that: (A) Requires 3 or fewer years of prior work experience; and(B) Does not require educational certification above a high school diploma or its equivalent.(8) The term "Excepted Service" means positions in the District of Columbia government as provided for in subchapter IX of this chapter.(8A) The term "exceptional circumstances" means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control.(9) The term "Executive Service" means any subordinate agency head whom the Mayor is authorized to appoint in accordance with subchapter X-A of this chapter.(9A) "Gender identity or expression" shall have the same meaning as provided in § 2-1401.02(12A).(10) The term "grievance" means any matter under the control of the District government which impairs or adversely affects the interest, concern, or welfare of employees, but does not include adverse actions resulting in removals, suspension of 10 days or more, or reductions in grade, reductions in force or classification matters. This definition applies to matters which are subject to procedures established pursuant to section § 1-616.53 and is not intended to restrict matters that may be subject to a negotiated grievance and arbitration procedure in a collective bargaining agreement between the District and a labor organization representing employees. (10A) The term "hard to fill position" means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.(11) The term "head" means the highest ranking executive official of an agency.(12) The term "holidays" means any day established as a legal holiday pursuant to subchapter XII of this chapter.(13) The term "independent agency" means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections, Board of Ethics and Government Accountability, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, the Office of Employee Appeals, and the Rental Housing Commission. For the purposes of this chapter, the Office of the Attorney General for the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District.(13A) The term "Legal Service" means positions in the District of Columbia government as provided for in subchapter VIII-B of this chapter.(13B) The term "Management Supervisory Service" means positions in the District of Columbia government as provided for in subchapter IX-A of this chapter.(13C) The term "nonschool-based personnel" means any employee of the District of Columbia Public Schools who is not based at a local school or who does not provide direct services to individual students.(14) The term "personnel authority" means an individual with the authority to administer all or part of a personnel management program as provided in subchapter IV of this chapter.(14A) "Public official" means: (A) A candidate, as that term is defined in § 1-1161.01.(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title [§ 1-201.01 et seq.];(C) The Attorney General;(D) A Representative or Senator elected pursuant to § 1-123;(E) An Advisory Neighborhood Commissioner;(F) A member of the State Board of Education;(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;(H) A member of a board or commission listed in § 1-523.01(e); and(I) A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest.(14B) The term "qualifying patient" shall have the same meaning as provided in section 211 (b-1)(3)(D) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1402.11) .(15) The term "resident" means any person who is a domiciliary of the District of Columbia and who throughout his or her employment by the District maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy. (15A) The term "resident District graduate" means a resident who received a high school diploma from the District of Columbia Public Schools or a District public charter school or who received a GED or high school equivalency credential from the District of Columbia.(15B) The term "safety sensitive" shall have the same meaning as provided in section 101(8) of the Cannabis Employment Protections Amendment Act of 2022, passed on 2nd reading on June 7, 2022 (Enrolled version of Bill 24-109).(15C) The term "school administrators" means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia Public Schools.(16) The term "standard" means any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.(17) The term "subordinate agency" means any agency under the direct administrative control of the Mayor, including, but not limited to, the following:(A) Office of Operations (Mayor's Order 83-17);(B) Office of Economic Development (Mayor's Order 83-18);(C) Office of Financial Management (Mayor's Order 83-19);(E) Department of Corrections (Organization Order 7);(F) Department of Public Works (Reorganization Plan No. 4 of 1983);(G) Department of Finance and Revenue (Commissioner's Order 69-96);(H) Fire and Emergency Medical Services Department (Reorganization Order 6);(I) Department of Administrative Services (Reorganization Plan No. 5 of 1983);(J) Department of Housing and Community Development (Reorganization Plan 3 of 1975);(L) Metropolitan Police force (§ 5-105.05 );(M) Department of Parks and Recreation (Organization Order 10);(N) Department of Human Services (Reorganization Plan No. 2 of 1979 and Mayor's Reorganization Plan No. 3 of 1986), including:(i) The Commission on Social Services;(O) Department of Employment Services (Reorganization Plan No. 1 of 1980);(P) Department of Consumer and Regulatory Affairs (Reorganization Plan No. 1 of 1983);(Q) Homeland Security and Emergency Management Agency (Commissioner's Order 74-261);(R) Office of Human Rights;(S) Office of Personnel (§ 1-604.02 );(T) Office on Latino Affairs (§ 2-1311 );(U) Department of Aging and Community Living (§ 7-503.01 );(W) Board of Parole (Organization Order 6);(Y) Office of Business and Economic Development (§ 2-1201.02 );(Z) Office of the Secretary of the District of Columbia (Mayor's Order 84-77);(AA) Office of Inspector General (§ 1-301.115 a);(DD) Office of Cable Television and Telecommunications;(HH) Office of the Budget (Mayor's Order 79-5);(MM) Department of Health;(NN) Office of Contracting and Procurement;(PP) Department of Insurance, Securities, and Banking;(QQ-i) Department of General Services;(RR) Office of the Chief Technology Officer;(SS) Department of Motor Vehicles;(TT) Office of Planning (Mayor's Order 83-25);(UU) Office of Local Business Development;(VV) Office of Deputy Mayor for Planning and Economic Development;(WW) Office of the Chief Medical Examiner;(XX) Child and Family Services Agency;(YY) Department of Mental Health;(ZZ) District Department of Transportation;(AAA) Office of Unified Communications;(BBB) Department of Youth Rehabilitation Services;(CCC) The Office of Risk Management, established by Reorganization Plan No. 1 of 2003;(DDD) Department on Disability Services; and(EEE) District of Columbia Public Schools.Amended by D.C. Law 24-190, § III-301 , 69 DCR 008849, eff. 10/22/2022.Amended by D.C. Law 23-276, § 2 , 68 DCR 004794, eff. 4/27/2021.Mar. 3, 1979, D.C. Law 2-139, § 301, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(c), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(d), 33 DCR 7241; Mar. 16, 1989, D.C. Law 7-201, § 2, 36 DCR 248; Mar. 24, 1990, D.C. Law 8-97, § 3(a), 37 DCR 1046; Sept. 26, 1995, D.C. Law 11-52, § 801(a), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(a), 43 DCR 5; Jan. 26, 1996, D.C. Law 11-78, §501(a), 42 DCR 6181; Sept. 26, 1995, D.C. Law 11-52, § 1001(a), 42 DCR 3684; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145 (1); Aug. 1, 1996, D.C. Law 11-152, § 302(c), 43 DCR 2978; Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138 (1); Apr. 9, 1997, D.C. Law 11-255, § 4(a), 44 DCR 1271; Aug. 5, 1997, 111 Stat. 760, Pub. L. 105-33, § 11261 (b)(2); June 10, 1998, D.C. Law 12-124, § 101(a), 45 DCR 2464; Mar. 26, 1999, D.C. Law 12-175, §§ 1807, 1817, 1828, 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, §§ 5(a), 53, 46 DCR 2118; June 12, 1999, D.C. Law 12-285, § 3, 46 DCR 1355; Oct. 20, 1999, D.C. Law 13-38, §§ 208 and 225, 46 DCR 6373; Apr. 12, 2000, D.C. Law 13-91, § 103(b), 47 DCR 520; Oct. 19, 2000, D.C. Law 13-172, §§1902 and 2919(a), 47 DCR 6308; Apr. 4, 2001, D.C. Law 13-277, § 3(b)(1), 48 DCR 2043; June 19, 2001, D.C. Law 13-313, § 2(a) 48 DCR 1873; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(1), 48 DCR 7674; May 21, 2002, D.C. Law 14-137, § 10, 49 DCR 3444; Oct. 1, 2002, D.C. Law 14-185, § 2(a), 49 DCR 6073; Oct. 19, 2002, D.C. Law 14-213, § 3(a), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, §§ 2(a), 19(a), 20(d), 51 DCR 881; June 11, 2004, D.C. Law 15-166, § 4(a), 51 DCR 2817; Dec. 7, 2004, D.C. Law 15-205, § 3221, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-335, § 201, 52 DCR 2025; Apr. 13, 2005, D.C. Law 15-354, § 5(a), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, §§113, 117, 118(a), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 116, 53 DCR 6794; Mar. 14, 2007, D.C. Law 16-262, § 401, 54 DCR 794; Mar. 14, 2007, D.C. Law 16-264, § 201, 54 DCR 818; June 12, 2007, D.C. Law 17-9, § 1001, 54 DCR 4102; June 25, 2008, D.C. Law 17-177, § 3(b), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 3(a), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, §§ 157(e), 176, 203(c), 248, 56 DCR 1117; Sept. 14, 2011, D.C. Law 19-21, § 1032(a), 58 DCR 6226; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(1), 59 DCR 1862; Sept. 26, 2012, D.C. Law 19-171, § 9(a), 59 DCR 6190; Oct. 22, 2015, D.C. Law 21-36, § 1033(b), 62 DCR 10905; Apr. 1, 2017, D.C. Law 21-232, § 2(c), 64 DCR 876; Oct. 30, 2018, D.C. Law 22-168, § 1082(a), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-200, § 3(a), 65 DCR 12066; Feb. 22, 2019, D.C. Law 22-211, § 2(a), 65 DCR 12603; Mar. 13, 2019, D.C. Law 22-250, § 4(a), 66 DCR 985; Mar. 29, 2019, D.C. Law 22-276, § 3(a), 66 DCR 1721; May 23, 2019, D.C. Law 22-315, § 3(b), 66 DCR 1983; Sept. 11, 2019, D.C. Law 23-16, § 2203(c)(1), 66 DCR 8621.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: Section 1011 of Law 17-9 provided that this title shall apply upon Congressional enactment of Title IX. Congress enacted the provisions of Title IX in Pub. L. 110-33 , approved June 1, 2007.
D.C. Law 19-171 purported to substitute "Department of General Services" for "Office of Property Management" in (17)(QQ); however, because (17)(QQ) had previously been repealed, (17)(QQ-i) has been added instead.
Applicability
Applicability of D.C. Law 22-200: Section 6(a) of D.C. Law 23-68 repealed § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.
Applicability of D.C. Law 22-200: Section 6(a) of D.C. Act 23-165 repealed, on an emergency basis, § 4 of D.C. Law 22-200. Therefore the changes made to this section by D.C. Law 22-200 have been implemented.
Applicability of D.C. Law 22-211: § 7156 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-211. Therefore the amendment of this section by D.C. Law 22-211 has been implemented.
Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 4(a) of D.C. Law 22-250 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Applicability of D.C. Law 22-211: § 4 of D.C. Law 22-211 provided that the creation of paragraphs (7A) and (15A) this section by § 2(a) of D.C. Law 22-211 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Applicability of D.C. Law 22-200: § 4 of D.C. Law 22-200 provided that the amendment to paragraph (13) of this section by § 3(a) of D.C. Law 22-200 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Business improvements districts, additional authority and duties, see § 2-1215.16 . Construction codes, see § 6-1401 et seq. Employees retirement program management, establishment of retirement board and retirement funds, see § 1-711 . Spouse equity, "employee" defined, see § 1-529.02 . .