Title 1, Government Organization.

(a) The Office shall have, in addition to the authority necessary and proper for carrying out its duties as specified elsewhere in this subchapter, the authority to: (1) Appoint and remove employees of the Office, subject to applicable provisions of this chapter; (2) Hear and adj…

(a) An employee may appeal a final agency decision affecting a performance rating which results in removal of the employee (pursuant to subchapter XIII-A of this chapter), an adverse action for cause that results in removal, reduction in force (pursuant to subchapter XXIV of this…

(a) An employee may appeal the determination of a personnel authority denying the employee's petition appealing a safety-sensitive position designation, pursuant to § 1-615.03a, to the Office within 30 calendar days after the issuance of the personnel authority's determination or…

(a) The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings affecting individual employees whose removal is proposed or effected for cause pursuant to subchapter XVI-A of this chapter…

The officers of the Council of the District of Columbia may issue rules, subject to approval by the Council of the District of Columbia, concerning review of central staff employee personnel appeals as mandated in § 1-606.04(a).

(a) The Office shall develop a mediation program. Matters involving the following adverse actions shall undergo mediation through the program: (1) The removal; (2) The reduction in grade; (3) The suspension of 10 days or more; (4) The placement on enforced leave lasting 10 days o…

(a) The parties may agree in writing to arbitrate the dispute rather than have the Office adjudicate the case. An agreement by the parties to arbitrate the dispute must be reached within 30 days, excluding Saturdays, Sundays, and legal holidays, of the date the appeal was filed w…

(a) The Hearing Examiner or the Arbitrator may require payment by the agency of reasonable attorney fees if the appellant is the prevailing party and payment is warranted in the interest of justice. (b) Expired.

If the Office determines that the respondent has not complied with an order within 30 calendar days of service of the order, the Office shall certify the matter to the General Counsel and any agency that may be appropriate for enforcement.

(a) Hearings shall be open to the public. However, the Hearing Examiner may order a hearing or any part of a hearing closed if to do so would be in the best interest of the appellant, a witness, the public, or any other affected person. An order closing the hearing shall set fort…

Within 45 days of May 15, 1990, the Office shall, pursuant to § 1-606.02, issue proposed rules to implement the provisions of §§ 1-604.06, 1-606.01, 1-606.03(c), and 1-606.06 to 1-606.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excludin…

(a) The Council reaffirms its intent that the objectives of the Affirmative Action in District Government Employment Act, as amended (D.C. Code, § 1-521.01) be carried out. (b) The Council and each agency shall make reasonable accommodations for the free exercise of religion by i…

The Mayor may develop rules and regulations which authorize the inquiry into bona fide job-related qualifications which may affect persons with physical or developmental disabilities, prior to appointing such individuals under the authority of § 1-609.04(2). Persons with physical…

(a) For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under § 511(d)…

The Council believes that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies, as required by this subchapter. It is also recognized that professionally developed tests, when …

The selection procedures utilized shall be job related to minimize or eliminate discrimination.

(a) Each person utilizing a selection procedure in choosing among candidates for a position shall have available for inspection evidence that the procedure does not violate § 1-607.05. Such evidence shall be examined for indications of possible discrimination, such as instances o…

No benefit program shall be denied to any District employee on account of sex.

Specific standards to carry out the purposes of this subchapter shall be adopted by the Mayor.

(a) For the purposes of this subchapter, the term: (1) "Cisgender" means individuals whose sex assigned at birth matches the individual's perceived gender. (2) "Gender identity" means an individual's internal sense of the individual's gender, which may be the same as or different…

(a) The Mayor shall contract with an entity to conduct a study of employment data, hiring and recruitment practices, and workplace climate in District government agencies in relation to people who are transgender or non-binary. At a minimum, the study shall include: (1) A census …

(a) The Mayor shall issue rules and regulations governing employment, advancement, and retention in the Career Service which shall include all persons appointed to positions in the District government, except persons appointed to positions in the Excepted, Executive, Educational,…

(a) For the purpose of this subchapter, the term “Board” means the Board of Trustees of the University of the District of Columbia for educational employees of the University of the District of Columbia. (b) The Board shall issue rules and regulations governing employment, advanc…

For the purposes of this subchapter, the term: (1) “Agency” means any subordinate or independent agency of the District government, but does not include the following entities: (A) Superior Court or the Court of Appeals; (B) District of Columbia Financial Responsibility and Manag…

(a) Pursuant to § 1-204.04(b), the Council establishes the Mayor’s Office of Legal Counsel, within the executive branch of the District of Columbia government. The office shall be headed by a Director who shall be appointed by the Mayor and serve at the Mayor’s pleasure. (b)(1) T…

There is established within the District government a Legal Service for the Council, independent agencies, and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest qua…

(a) A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the effectiveness and productivity of employees under the…

(a) Attorneys employed by the Office of the Attorney General shall be hired by the Attorney General. Attorneys employed by subordinate agencies shall be hired by the subordinate agency heads after consultation with the Director of the Mayor’s Office of Legal Counsel. Attorneys em…

(a) Attorneys employed by the Office of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall act under the direction, supervision, and control of the Attorney General. (a-1) Attorneys employed by subordinate agencies shall…

(a) Notwithstanding subchapter XVI-A of this chapter [§ 1-616.51 et seq.], a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced ann…

(a)(1) Attorneys in the Legal Service, other than attorneys employed by an independent agency or the Council, shall participate in an annual mandatory program of continuing legal education. The Attorney General shall establish a program for attorneys employed by the Office of the…

(a) Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be fixed in accordance with the following policy: (1) The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive S…

(a) The provisions of § 1-515.02 shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia. (b) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, and i…

No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of: (1) The effect of any pay …

The Attorney General and the Director of the Mayor’s Office of Legal Counsel may each adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

The provisions of this subchapter shall apply on April 20, 1999, except as follows: (1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requiremen…

Until the Legal Service budget for attorneys and support staff who perform work, primarily as or for the General Counsel of a subordinate agency is transferred to the budget of the subordinate agency involved, the Office of the Attorney General shall continue to be responsible fo…

By October 5, 2014, the District of Columbia Department of Human Resources, in collaboration with the Office of the Attorney General, shall transfer to the subordinate agencies, all attorney and support staff employees, personal property, full-time equivalent position authority, …

(a) Repealed. (b) Repealed. (c) The Chief Financial Officer shall determine the exact budget amounts that are under the subordinate agencies’ management authority in accordance with this section.

Nothing in this chapter shall limit, waive, or abrogate the scope or nature of the attorney-client privilege, whether statutory or common law, with respect to communications between attorneys employed by the Office of the Attorney General and subordinate agency personnel, or lega…

(a)(1) Except as provided by the rules for temporary waiver of this requirement, each attorney, hearing officer, or administrative law judge who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Mayor, a subordi…

(a) Except for temporary waiver of this requirement pursuant to procedures established by the Council, each attorney who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Council, shall file annually with the Se…

The qualifications for each Excepted Service position shall be developed and issued by the appropriate personnel authority in consultation with the Mayor. Each employee appointed in the Excepted Service (except those included in § 1-609.08) must be well qualified for the position…

(a) Each person holding an excepted appointment under the authority of this section and §§ 1-609.01 and 1-609.03 shall be an individual: (1) Whose primary duties are of a policy determining, confidential, or policy advocacy nature; and (2) Who either reports directly to the head …

(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 …

Special noncompetitive appointments may be made to positions provided under the authority of this section. Such positions are covered by the provisions of § 1-609.02 relating to the Excepted Service positions. The nature of the appointment must be made known to the employee prior…