Section 1-608.56 - Disciplinary action for attorneys other than Senior Executive Attorneys(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 annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious.(b) The disciplinary action provided for in subsection (a) of this section shall be taken by: (1) The Attorney General when the attorney is employed by the Office of the Attorney General and performs work primarily for that Office, whether located in that Office or not;(1A) The Director of the Mayor's Office of Legal Counsel when the attorney is employed by the Mayor's Office of Legal Counsel and performs work primarily for that office, whether located in that office or not; (3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency, and by the subordinate agency head in consultation with the Director of the Mayor's Office of Legal Counsel when the attorney is employed by a subordinate agency.(c) Any disciplinary action taken pursuant to this section against an attorney employed by a subordinate agency or the Mayor's Office of Legal Counsel may be appealed to the Mayor. Any such action taken against an attorney employed by the Office of the Attorney General may be appealed to the Attorney General. The Mayor's and the Attorney General's decisions regarding disciplinary actions shall be final.(d) The disciplinary provisions of § 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.Mar. 3, 1979, D.C. Law 2-139, § 856; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, §110(d), 47 DCR 520; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 7; Oct. 20, 2005, D.C. Law 16-33, § 3012(f), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 110(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(3), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(f), 60 DCR 15487.Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.
Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2014.
Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of 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 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).