D.C. Code § 1-523.01

Current through codified legislation effective July 19, 2024

Section 1-523.01 - Mayoral nominees

(a) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service established by subchapter X-A of Chapter 6 of this title [§ 1-610.51 et seq.], subject to the advice and consent of the Council, within 180 calendar days of the date of the establishment of the subordinate agency or the date of a vacancy. A nomination shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, the nomination shall be deemed confirmed.

(1) If the Mayor fails to nominate a person within 180 days of the establishment of the subordinate agency vacancy or the date of vacancy, no District funds may be expended to compensate any person serving in the position.

(2) The Mayor may designate an acting subordinate agency head, but this designation shall not suspend the requirements of this section, or the provisions of § 1-610.59(a).

(b) The Mayor shall not appoint board or commission members to serve in a position that the law requires to be filled by Mayoral appointment with the advice and consent of the Council.

(c) No person shall serve in a hold-over capacity for longer than 180 days, excluding days occurring during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01 ), after the expiration of the term to which he or she was appointed, in a position that is required by law to be filled by Mayoral appointment with the advice and consent of the Council including to positions on boards and commissions.

(d) The provisions of this section shall not be affected by any provision in subchapter VI of Chapter 3 of this title [§ 1-315.01 et seq.].

(e) Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess and days occurring during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01 ), nominations to the boards and commissions listed in this subsection. If the Council does not approve by resolution within the 90-day period a nomination to these boards or commissions, the nomination shall be deemed disapproved.

(1) The Alcoholic Beverage Control Board, established by § 25-104(a);

(2) The District of Columbia Board of Library Trustees, established by § 39-104;

(3) The Board of Trustees of the University of the District of Columbia, established by § 38-1202.01;

(4) The Board of Zoning Adjustment, established by § 6-641.07;

(5) The Police Complaints Board, established by § 5-1104;

(6) The Contract Appeals Board, established by § 2-360.01;

(7) The District of Columbia Board of Elections and Ethics [Board of Elections], established by § 1-1001.03;

(8) The Commission on Human Rights, established by § 2-1404.01;

(9) Repealed.

(10) The District of Columbia Housing Finance Agency Board of Directors, established by § 42-2702.02;

(11) Repealed.

(12) Repealed.

(13) The Historic Preservation Review Board, established by Mayor's Order 83-119, issued May 6, 1983 (30 DCR 3031) in accordance with § 6-1103;

(14) The Metropolitan Washington Airports Authority Board of Directors, established by § 9-1006(e);

(15) Repealed;

(16) The Office of Employee Appeals, established by § 1-606.01;

(17) The Public Employee Relations Board, established by § 1-605.01;

(18) The Public Service Commission, established by § 34-801;

(19) The Rental Housing Commission, established by § 42-3502.01;

(20) The Washington Convention and Sports Authority Board of Directors, established by § 10-1202.05;

(21) The Water and Sewer Authority Board of Directors, established by § 34-2202.04;

(22) The Zoning Commission for the District of Columbia, established by § 6-621.01;

(23) Repealed.

(24) Repealed.

(25) Repealed;

(26) Repealed;

(27) The Board of Commissioners of the District of Columbia Housing Authority, established by § 6-211;

(27A) The Stabilization and Reform Board of the District of Columbia Housing Authority, established by section 11 a of the District of Columbia Housing Authority Act of 1999, passed on 2nd reading on January 3, 2023 (Enrolled version of Bill 24-1145);.

(28) Repealed;

(29) Homeland Security Commission established by § 7-2271.02;

(30) Repealed.

(31) The Board of Ethics and Government Accountability, established by § 1-1162.02;

(32) Commission on the Arts and Humanities, established by § 39-203;

(33) The Board of Directors of the Washington Metrorail Safety Commission established by Article III.B of § 9-1109.11;

(34) The Green Finance Authority[;]

(35) The Housing Production Trust Fund Board, established by § 42-2802.01 [;]

[(36)] The Clemency Board, established by § 24-481.03;

(37)The Campaign Finance Board, established by § 1-1163.02.

[(38)] The Corrections Information Council, established by § 24-101.01;

[(39)] The District of Columbia Sentencing Commission, established by § 3-101(a); and

(40) Use of Force Review Board, established by section 106 of the Comprehensive Policing and Justice Reform Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24-320).

(f) Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. The Council shall be deemed to have approved a nomination under this subsection if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess and days occurring during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01 ), to disapprove the nomination by resolution, or it will be deemed approved.

(1) The Apprenticeship Council, established by § 32-1402;

(2) The Armory Board, established by § 3-302;

(3) Repealed;

(4) The Board of Dentistry, established by § 3-1202.01;

(5) The Board of Medicine, established by § 3-1202.03;

(6) The Board of Nursing, established by § 3-1202.04;

(7) [Repealed by 2024 Amendment.]

(8) The Board of Psychology, established by § 3-1202.11;

(9) Repealed.

(10) The Child Support Guideline Commission, established by § 16-916.02;

(11) Repealed;

(12) The District of Columbia Boxing and Wrestling Commission, established by § 3-604;

(13) The Multistate Tax Commission, established by § 47-441;

(14) The Public Access Corporation Board of Directors, established by § 34-1253.02;

(15) The Board of Real Estate, established by § 47-2853.06(h);

(16) Repealed;

(17) The Board of Dietetics and Nutrition, established by § 3-1202.02;

(18) The Board of Occupational Therapy, established by § 3-1202.06;

(19) The Board of Optometry, established by § 3-1202.07;

(20) The Board of Pharmacy, established by § 3-1202.08;

(21) The Board of Physical Therapy, established by § 3-1202.09;

(22) The Board of Podiatry, established by § 3-1202.10;

(23) The Board of Social Work, established by § 3-1202.12;

(24) The Board of Professional Counseling, established by § 3-1202.13;

(25) The Board of Respiratory Care, established by § 3-1202.14;

(26) The Board of Massage Therapy, established by § 3-1202.15;

(27) The Board of Chiropractic, established by § 3-1202.16;

(28) The Statewide Health Coordinating Council, established by § 44-403;

(29) The Board of Barber and Cosmetology, established by § 47-2853.06(c);

(30) The Board of Real Estate Appraisers, established by § 47-2853.06(g);

(31) Repealed;

(32) The Board of Funeral Directors, established by § 47-2853.06(f);

(33) Repealed;

(34) Repealed;

(35) The Board of Veterinary Examiners for the District of Columbia, established by § 3-505 [repealed];

(36) Reserved;

(37) The Board of Architecture, Interior Design, and Landscape Architecture, established by § 47-2853.06(a);

(38) The Board of Accountancy, established by § 47-2853.06(b);

(39) The Board of Industrial Trades, established by § 47-2853.06(d);

(40) The Board of Professional Engineering, established by § 47-2853.06(e);

(41) The Housing and Community Development Reform Commission, established by § 6-1032;

(42) The Commission on Asian and Pacific Islander Community Development, established by § 2-1373;

(43) [Repealed by 2024 Amendment.]

(44) Repealed;

(45) Repealed;

(46) The Motor Vehicle Theft Prevention Commission, established by § 3-1352;

(47) The Commission on African Affairs, established by § 2-1393;

(48) The Science Advisory Board to the Department of Forensic Sciences, established by § 5-1501.11;

(49) The Commission on African-American Affairs, established by § 3-1441;

(50) Repealed;

(51) Other Post-Employment Benefits Fund Advisory Committee, established by § 1-621.51;

(52) The Commission on Fathers, Men, and Boys, established pursuant to § 3-731;

(53) The Commission on Health Equity, established by § 7-756.01;

(54) Youth Apprenticeship Advisory Committee, established by § 32-1412.01;

(55) The District of Columbia State Athletics Commission, established pursuant to Chapter 26A-i of Title 38;

(56) The Commission on Out of School Time Grants and Youth Outcomes, established pursuant to subchapter III-B of Chapter 15 of Title 2;

(57) The Adult Career Pathways Task Force, established by § 32-1661;

(58) The Interstate Medical Licensure Compact Commission, established by subchapter I of Chapter 12B of Title 3;

(59) Not Funded;

(60) The Maternal [Mortality] Review Committee, established by § 7-671.02;

(61) The Child Fatality Review Committee, established by § 4-1371.03;

(62) The Violence Fatality Review Committee, established by § 5-1431.01;

(63) The Domestic Violence Fatality Review Board, established by § 16-1052;

(64) The Advisory Committee on Street Harassment, established by § 7-2422;

(65) The Commission on Nightlife and Culture established pursuant to § 3-664(a);

(66) Not Funded;

(67) The Students in the Care of D.C. Coordinating Committee established pursuant to subchapter VIII of Chapter 15 of Title 2;

(68) The Commission on Fashion Arts and Events[] established by § 3-651;

(69) The Perinatal and Infant Health Advisory Committee, established by section 305 of the Community Health Omnibus Amendment Act of 2018, passed on 2nd reading on April 7, 2020 (Enrolled version of Bill 23-416);

(70)The Commission on Poverty, established by section 2 of the Commission on Poverty Establishment Amendment Act of 2020, passed on 2nd reading on December 15, 2020 (Enrolled version of Bill 23-90);

(71) [Repealed by 2023 Amendment.]

(72) Board of Rehabilitative Therapies established by section 223 of the District of Columbia Health Occupations Revision Act of 1985, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545); and

(73) Board of Integrative Healthcare established by section 224 of the District of Columbia Health Occupations Revision Act of 1985, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-545).

(g) Notwithstanding any other provision of law, the Mayor shall directly appoint members to boards and commissions, without the advice and consent of the Council, to the boards and commissions not contained in subsections (e) and (f) of this section.

(h) This section shall not apply to positions on boards and commissions that are designated by law for the Mayor, his or her designee, or another member of the executive branch or his or her designee.

D.C. Code § 1-523.01

Amended by D.C. Law 25-191,§ II-201, 71 DCR 006698, eff. 7/19/2024.

Amended by D.C. Law 25-370,§ 2, 0 DCR 0, eff. 1/12/2024, exp. 4/11/2024.

Amended by D.C. Law 25-92,§ 3, 70 DCR 014439, eff. 12/20/2023, exp. 8/1/2024.

Amended by D.C. Law 24-345, § 107 , 70 DCR 000953, eff. 4/21/2023.

Amended by D.C. Law 25-65, § 3 , 70 DCR 003842, eff. 3/27/2023, exp. 6/25/2023.

Amended by D.C. Law 24-329, § 3 , 70 DCR 001029, eff. 3/10/2023, exp. 10/21/2023.

Amended by D.C. Law 24-302, § 4 , 70 DCR 000583, eff. 3/10/2023.

Amended by D.C. Law 24-167, § V-E-5044 , 69 DCR 009223, eff. 9/21/2022.

Amended by D.C. Law 24-23, § I-D-107 , 68 DCR 005837, eff. 9/3/2021, exp. 4/16/2022.

Amended by D.C. Law 23-184, § II-201 , 68 DCR 003400, eff. 3/16/2021.

Amended by D.C. Act 23-405, § IX-904 , 67 DCR 9400, eff. 8/19/2020.

Amended by D.C. Law 23-118, § 3 , 67 DCR 5090, eff. 6/24/2020.

Mar. 3, 1979, D.C. Law 2-142, § 2, 25 DCR 6112; Mar. 4, 1981, D.C. Law 3-131, § 802, 28 DCR 326; Mar. 16, 1989, D.C. Law 7-201, § 3, 36 DCR 248; May 10, 1989, D.C. Law 7-231, § 4, 36 DCR 492; Oct. 15, 1993, D.C. Law 10-39, § 2, 40 DCR 5827; Apr. 20, 1999, D.C. Law 12-261, § 1245, 46 DCR 3142; June 12, 1999, D.C. Law 12-285, § 2, 46 DCR 1355; Oct. 20, 1999, D.C. Law 13-38, § 1103, 46 DCR 6373; Oct. 14, 1999, D.C. Law 13-49, §§ 3, 15, 46 DCR 5153; Apr. 12, 2000, D.C. Law 13-91, § 111, 47 DCR 520; May 9, 2000, D.C. Law 13-105, § 28, 47 DCR 1325; June 19, 2001, D.C. Law 13-313, § 3, 48 DCR 1873; July 12, 2001, D.C. Law 14-18, § 9(c), 48 DCR 4047; Oct. 3, 2001, D.C. Law 14-28, §308, 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 1148, 49 DCR 6968; Mar. 10, 2004, D.C. Law 15-88, § 3, 50 DCR 10999; Mar. 13, 2004, D.C. Law 15-105, §§ 15, 18, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-216, § 3, 51 DCR 9123; Dec. 7, 2004, D.C. Law 15-219, § 201(b), 51 DCR 9142; Apr. 13, 2005, D.C. Law 15-354, § 2, 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 116, 52 DCR 10637; Nov. 16, 2006, D.C. Law 16-187, § 221, 53 DCR 6722; Mar. 2, 2007, D.C. Law 16-191, § 115, 53 DCR 6794; Mar. 14, 2007, D.C. Law 16-262, § 409, 54 DCR 794; Feb. 6, 2008, D.C. Law 17-108, § 202, 54 DCR 10993; Apr. 15, 2008, D.C. Law 17-148, § 5, 55 DCR 2219; July 18, 2008, D.C. Law 17-197, § 10(a), 55 DCR 6277; Mar. 25, 2009, D.C. Law 17-353, §§ 127(b), 175, 208, 233, 249, 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 2082(a), 57 DCR 181; Apr. 8, 2011, D.C. Law 18-363, § 3(a), 58 DCR 963; Aug. 17, 2011, D.C. Law 19-18, § 18, 58 DCR 5403; Mar. 14, 2012, D.C. Law 19-106, § 4, 59 DCR 440; Sept. 26, 2012, D.C. Law 19-171, § 203, 59 DCR 6190; June 10, 2014, D.C. Law 20-108, § 3(a), 61 DCR 3892; July 15, 2014, D.C. Law 20-121, § 12, 61 DCR 5680; July 15, 2014, D.C. Law 20-122, § 3, 61 DCR 5688; Dec. 17, 2014, D.C. Law 20-151, § 3, 61 DCR 8893; Feb. 26, 2015, D.C. Law 20-155, § 1075, 7005, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-192, § 6, 61 DCR 12403; May 2, 2015, D.C. Law 20-271, §§ 232, 311, 62 DCR 1884; May 12, 2016, D.C. Law 21-109, § 3, 63 DCR 4319, 21 DCSTAT 3049; June 22, 2016, D.C. Law 21-124, § 501(a), 63 DCR 7076; Oct. 8, 2016, D.C. Law 21-160, §§ 5046, 7073, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-249, § 3, 64 DCR 1629; Apr. 7, 2017, D.C. Law 21-261, § 11, 64 DCR 2090; Apr. 7, 2017, D.C. Law 21-263, § 201, 64 DCR 2110; Dec. 13, 2017, D.C. Law 22-33, § 7059, 64 DCR 7652; Mar. 29, 2018, D.C. Law 22-84, § 3, 65 DCR 1590; May 5, 2018, D.C. Law 22-96, § 2, 65 DCR 2868; June 5, 2018, D.C. Law 22-109, § 5, 65 DCR 3809; July 17, 2018, D.C. Law 22-139, § 201, 65 DCR 5966; Aug. 22, 2018, D.C. Law 22-155, § 605(a), 65 DCR 7159; Oct. 30, 2018, D.C. Law 22-168, §§ 1047, 3056, 65 DCR 9388; Nov. 27, 2018, D.C. Law 22-182, § 2, 65 DCR 11202; Dec. 13, 2018, D.C. Law 22-191, § 7, 65 DCR 11868; Dec. 13, 2018, D.C. Law 22-197, § 221, 65 DCR 9554; Mar. 13, 2019, D.C. Law 22-250, § 3, 66 DCR 985; Mar. 28, 2019, D.C. Law 22-271, § 3, 66 DCR 1446; Apr. 11, 2019, D.C. Law 22-303, § 8(a), 66 DCR 2037; May 10, 2019, D.C. Law 22-313, § 3, 66 DCR 1627; Sept. 11, 2019, D.C. Law 23-16, § 2063, 66 DCR 8621; May 27, 2020, D.C. Act 23-326, § 904(a), 0 DCR 0.

Applicability of D.C. Law 20-108: Section 4(a) of D.C. Law 20-108 provided that applications pending as of June 10, 2014, shall not be subject to the provisions of the act.

Section 4(b) of D.C. Law 20-108(b) provided that, except as provided in § 2-218.46(f) , contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.

Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 12 of D.C. Law 20-121 would have added a new (f)(50), concerning the Lactation Commission.

Applicability of D.C. Law 20-121: Section 13 of D.C. Law 20-121, codified as § 7-881.11 , provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.

Applicability

Applicability of D.C. Law 22-303: § 7176 of D.C. Law 23-16 repealed § 9 of D.C. Law 22-303. Therefore the amendment of this section by D.C. Law 22-303 has been implemented.

Applicability of D.C. Law 22-303: § 9 of D.C. Law 22-303 provided that the change made to this section by § 8(a) of D.C. Law 22-303 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 22-271: § 4 of D.C. Law 22-271 provided that the change made to this section by § 3 of D.C. Law 22-271 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 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 3 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.

Section 1102 of D.C. Law 22-168 provided that section 2(a)(1) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a)(1) ), shall not apply to individuals serving in an interim capacity as the Deputy Mayor for Education, the Chancellor of the District of Columbia Public Schools, the Chief Technology Officer of the Office of the Chief Technology Officer, or the Director of the Department of Employment Services on or between June 12, 2018, and January 31, 2019.

Section 1103 of D.C. Law 22-168 provided that this subtitle shall apply as of the June 12, 2018.

Section 1104 of D.C. Law 22-168 provided that this subtitle shall expire on February 1, 2019.

Applicability of D.C. Law 22-139: § 201 of D.C. Law 22-139 provided that the change made to this section by § 201 of D.C. Law 22-139 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.

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the change made to this section by § 201 of D.C. Law 21-263 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 21-261: § 12 of D.C. Law 21-261 provided that the creation of this section by § 11 of D.C. Law 21-261 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.

Director of the Department of Public Health, appointment, see § 7-153 . Director of the Office of Contracting and Procurement, nomination and confirmation, see § 2-301.05 e. Non-health related occupations and professions licensure boards, nominations and appointments, see § 47-2853.07 . .