D.C. Law 22-315. District Government Employee Residency Amendment Act of 2018.

AN ACT

To amend the Jobs for D.C. Residents Amendment Act of 2007 to create one section of the District of Columbia Official Code with the requirements that heads of subordinate and independent agencies and instrumentalities, Executive Service employees, Excepted Service employees, Senior Executive Attorney Service employees, and attorneys employed by the Council reside in the District within 180 days of appointment and maintain residency in the District during their incumbency, to establish a requirement that highly compensated appointees establish and maintain residency in the District within 180 days of appointment, to streamline residency verification and enforcement procedures for subordinate and independent agencies and implement an electronic residency verification process conducted by the Mayor for appointees to District subordinate and independent agencies, and to establish a hardship waiver from residency requirements; to amend the District Government Comprehensive Merit Personnel Act of 1978 to conform its provisions to the amendments to the Jobs for D.C. Residents Amendment Act of 2007, to extend the District residency hiring preference to individuals in the foster care system regardless of place of residency, and to repeal an outdated provision regarding universal leave for certain District government employees; and to make conforming amendments.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "District Government Employee Residency Amendment Act of 2018."

Sec. 2. Title I of the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code § 1-515.01), is amended to read as follows:

"TITLE I. DISTRICT RESIDENCY PREFERENCES AND REQUIREMENT.

"Sec. 101. Definitions.

"For the purposes of this title:

"(1) The definitions set forth in section 301 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-603.01), shall apply.

"(2) "District government" means the government of the District of Columbia, including:

"(A) Any department, agency, or instrumentality of the government of the District;

"(B) Any independent agency of the District established under part F of title IV of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 811; D.C. Official Code § 1-204.91 et seq.);

"(C) Any agency, board, or commission established by the Mayor or the Council and any other agency, public authority, or public benefit corporation which has the authority to receive monies directly or indirectly from the District (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District); and

"(D) The Council.

"(3) "Highly compensated appointee" means an individual appointed to a position in the Career, Educational, or Management Supervisory Service, except for individuals appointed to a position as an employee of the Board of Trustees of the University of the District of Columbia, for which the starting annual salary is not less than $150,000 or the threshold figure established by the relevant personnel authority pursuant to section 103(c).

"Sec. 102. District residency preference for applicants.

"(a)(1) All District subordinate agencies, independent agencies, and instrumentalities shall use a ranking system based on a scale of 100 points for all employment decisions for positions in, or positions equivalent to positions in, the Career Service, Educational Service, Legal Service, and Management Supervisory Service.

"(2) Except for attorneys in the Senior Executive Service Attorney Service and attorneys in the Legal Service employed by the Council, for positions in the Career Service, Educational Service, Legal Service, and Management Supervisory Service, an individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference.

"(3) For employees of subordinate agencies, independent agencies, and instrumentalities, the 10-point preference shall be in addition to any points awarded on the 100-point scale.

"(b)(1) At the time of appointment, an individual who claimed the 10-point residency preference provided in subsection (a) of this section shall agree, in writing, to remain a District resident for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

"(2) An individual who claimed the residency preference provided in subsection (a)(2) of this section and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

"(c) A personnel authority shall verify an individual's residency to ensure compliance with this section in accordance with section 104.

"(d) Each applicant for a position covered by subsection (a) of this section shall be informed in writing of the provisions of this section at the time of application.

"Sec. 103. District residency requirement for certain District government employees.

"(a) An individual appointed to a position in one of the following categories shall become a District resident within 180 days after appointment:

"(1) Subordinate agency head, independent agency head, or instrumentality head;

"(2) Executive Service (section 1059 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-610.59);

"(3) Excepted Service (section 906(a) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.06(a));

"(4) Senior Executive Service Attorney Service (section 859(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.59(b));

"(5) Legal Service of the Council (section 859(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.59(b));

"(6) Highly compensated appointee, hired after the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(b) An individual appointed to a position covered by subsection (a) of this section who fails to remain a District resident for the duration of the individual's appointment shall forfeit the individual's District government employment.

"(c)(1) A personnel authority may decrease the threshold salary for its highly compensated appointees in a particular service.

"(2) A personnel authority may not raise the threshold salary for its highly compensated appointees higher than the increase by which the Mayor raised compensation for non-union employees in the same service in the same fiscal year.

"(3) The Mayor shall publish any adjustment the Mayor makes to the highly compensated appointee threshold salary level in the District of Columbia Register no later than 45 days after the level is adjusted.

"(d) The requirements of subsections (a) and (b) of this section shall not apply to an employee hired into a position covered by subsection (a)(1) of this section before the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), to which such requirements did not apply as of the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"Sec. 104. Proof of District residency and enforcement.

"(a)(1) A personnel authority shall verify District residency at the times described in paragraphs (2) and (3) of this subsection by requiring the individual to present:

"(A) Physical proof that the individual possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles; and

"(B) Proof that the District government will deduct and withhold District income tax from the individual's wages pursuant to D.C. Official Code § 47-1812.08 for the purpose of the District government position the individual holds or for which the individual applied.

"(2) For individuals appointed to a position covered by section 102(a)(1) after claiming the residency hiring preference provided in section 102(a)(2), the personnel authority shall verify District residency at the time of appointment.

"(3) For individuals appointed to a position covered by section 103(a) or other law requiring District residency, the personnel authority shall verify District residency no later than180 days after appointment.

"(b) The Mayor shall verify compliance with the District residency requirements of this title, the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), and other relevant District laws on at least an annual basis for all subordinate and independent agency employees to whom such requirements apply by:

"(1) Determining that:

"(A) The employee possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles through data accessed pursuant to subsection (d) of this section; and

"(B) The District government deducts and withholds District income tax from the employee's wages pursuant to D.C. Official Code § 47-1812.08 for the purpose of the District government position held by the employee; and

"(2) Conducting audits, periodically, as determined by the Mayor, which:

"(A) Shall include:

"(i) At least 20% of employees randomly selected within subordinate agencies; and

"(ii) All employees within at least 3 randomly selected independent agencies; and

"(B) May include requiring employees to present physical documentation of District residency and checking residency against District electronic records.

"(c) If an individual subject to a residency requirement does not possess a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles at the time of verification, the individual shall provide other proof of residency as determined by the relevant personnel authority.

"(d) For the purpose of verifying employee residency pursuant to this section, the director of the Department of Human Resources shall have sufficient access, as determined by the Mayor, to the electronic databases of the Department of Motor Vehicles to facilitate automated verification of driver licenses and non-driver identifications.

"(e)(1) If the Mayor finds that an employee in a subordinate agency has failed to maintain the required residency, the Mayor shall remove the employee from his or her position.

"(2)(A) If the Mayor finds that an employee in an independent agency has failed to maintain the required residency, the Mayor shall forward the finding to the corresponding personnel authority, which shall investigate and make a determination of whether the employee is a District resident.

"(B) If the employee is determined not to be a District resident, the personnel authority shall remove the employee from the employee's position in accordance with rules adopted by the relevant personnel authority.

"(f)(1) Before a personnel authority may remove an employee for failing to maintain District residency pursuant to the requirements of this title, the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), or other relevant District law, the employee shall receive notice of the removal decision and an opportunity to appeal the decision pursuant to rules adopted by the relevant personnel authority.

"(2) The Mayor shall establish the notice and appeal procedure required by this subsection for all subordinate agencies.

"(g) The Council shall adopt rules for annually verifying employee compliance with the District residency requirements of this title,the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), and other relevant District laws.

"(h) A personnel authority may adopt additional procedures, consistent with the requirements of this section, for verifying employee residency.

"Sec. 105. Hardship Waivers.

"(a)(1) When an employee in a subordinate agency suffers an extraordinary hardship because of exceptional circumstances beyond the employee's control, the employee may request that the Mayor suspend the residency requirements of sections102 and 103, the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), or other relevant District law for a period of no more than one year for such individual employee.

"(2) The Mayor shall:

"(A) Review the request;

"(B) Verify if the hardship exists and necessitates residence outside of the District;

"(C) Determine if a waiver is in the best interest of District government; and

"(D) Determine whether to grant or deny a hardship waiver request within 30 days.

"(b)(1) When an employee of an independent agency or the Council suffers an extraordinary hardship because of exceptional circumstances beyond the employee's control, the employee may request that the personnel authority suspend the residency requirements of sections102 and 103, the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), or other relevant District law for a period of no more than one year for such individual employee.

"(2) The personnel authority shall:

"(A) Review the request;

"(B) Verify if the hardship exists and necessitates residence outside of the District,

"(C) Determine if a waiver is in the best interest of District government; and

"(D) Determine whether to grant or deny a hardship waiver request within 30 days.

"(c) Notwithstanding subsections (a) and (b) of this section, a waiver of a residency requirement granted to an employee before the effective date the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), shall continue to apply for as long as the employee holds the position for which the residency waiver was granted.

"Sec. 106. Reporting.

"(a)(1) By December 1 of each year, the Mayor shall submit to the Council an annual report detailing for the previous fiscal year and for each District government entity:

"(A) The names of all new employees in District government and for each the:

"(i) Pay schedule;

"(ii) Position title; and

"(iii) Jurisdiction of residence;

"(B) The percent of new hires who are District residents;

"(C) The name, position title, pay schedule, and description of hardship circumstances of any employee who received a waiver in the previous year pursuant to section 105; and

"(D) The name, position title, and action taken with the reason for action taken, if any, for any incumbent employee who failed to maintain the residency requirements of sections102 and 103, the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), or other relevant District law during the calendar year.

"(2) The Mayor shall integrate into each subordinate agency's annual performance objectives the target percentage of new hires and the target percentage of all employees who are District residents.

"(3) The Mayor shall integrate all reports received pursuant to subsection (b) of this section into the report submitted to the Council pursuant to this subsection.

"(b)(1) By November 1 of each year, each independent agency, board, commission, instrumentality, and other District government entity shall submit to the Mayor an annual report detailing for the previous fiscal year:

"(A) The names of all new employees and for each the:

"(i) Pay schedule;

"(ii) Position title; and

"(iii) Jurisdiction of residence;

"(B) The percent of new hires who are District residents;

"(C) The name, position title, pay schedule, and description of hardship circumstances of any employee who received a waiver in the previous year pursuant to section 105; and

"Sec. 107. Construction with other laws.

"This title may not be construed to conflict with the personnel authority granted to the Chief Financial Officer or Water and Sewer Authority under the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; D.C. Official Code § 1-201.01 et seq.).

"Sec. 108. Rules.

"Within 180 days after the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212):

"(1) The Mayor shall, pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue final rules to implement this act.

"(2) Each independent agency shall, pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue final rules to implement the provisions of this act; and

"(3) A District government entity not covered by paragraph (1) or (2) of this section to which the requirements of this title apply shall adopt rules or policies to implement the provisions of this title.".

Sec. 3. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), is amended as follows:

(a) Section 203(c) (D.C. Official Code § 1-602.03(c)) is amended to read as follows:

"(c)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Board of Trustees of the University of the District of Columbia ("Board") shall use a ranking system based on a scale of 100 points for all employment decisions for all non-educational positions within the Board.

"(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

"(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

"(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

"(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

"(2) The Board shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(3) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

(b) Section 301(8A) (D.C. Official Code § 1-603.01(8A)) is amended to read as follows:

"(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.".

"(l)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Executive Director shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Office, except for the positions of Executive Director and the General Counsel.

"(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

"(F) The Executive Director shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(2) The Office shall verify and enforce residency requirements applicable to the Executive Director and General Counsel pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(3)(A) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Executive Director shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

"(B) By November 1 of each year, the Office shall submit to the Mayor an annual report detailing for the previous fiscal year the Executive Director's and General Counsel's compliance with residency requirements pursuant to section 106 of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(d) Section 801 (D.C. Official Code § 1-608.01) is amended as follows:

(1) Subsection (a)(4) is amended by striking the phrase "with appropriate regard for affirmative action goals and veterans preference as provided in title VII of this act;" and inserting the phrase "with appropriate regard for:

"(A) Affirmative action goals;

"(B) The preferences provided in subsections (e) and (e-1) of this section; and

"(C) The veterans preference provided in title VII of this act; in its place.".

(2) Subsection (b-1) is amended by adding a new paragraph (4A) to read as follows:

"(4A)(A) Each subordinate agency head shall submit to the Mayor an annual report detailing, for each new employee hired into an entry-level job during the reporting period, whether the employee is a resident District graduate.

"(B) The Mayor shall integrate into each subordinate agency's annual performance objectives the target percentage of new hires into entry-level jobs who are resident District graduates.

"(C)(i) The Mayor shall conduct annual audits of each subordinate agency's personnel records to ensure that all persons receiving resident District graduate consideration priority submitted requisite proof of entitlement.

"(ii) Audit reports shall be submitted annually to the Council.".

(3) Subsection (e) is amended as follows:

(A) Paragraphs (1) and (2) are amended to read as follows:

"(1) Notwithstanding any provision of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), and in accordance with section 102 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), an applicant for District government employment in the Career Service who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the applicant claims the preference.

"(2)(A) Failure to maintain District residency for a period of 7 consecutive years from the individual's effective date of hire into the position for which the individual claimed the residency preference shall result in forfeiture of District government employment.

"(B) Verification and enforcement of residency shall occur pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(C) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2017, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Career Service shall be governed by section 105 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(B) A new paragraph (5A) is added to read as follows:

"(5A)(A) An individual entitled to a hiring preference under subsection (e-1)(1)(B) of this section, regardless of place of residency, shall be deemed to be a District resident and shall be eligible for the District resident hiring preference described in paragraph (1) of this subsection.

"(B) If an individual covered by subsection (e-1)(1)(B) claims the residency preference under paragraph (1) of this subsection, the individual shall become a District resident within 180 days after separation from the foster care program and be subject to the requirements of section 102 of the Jobs for District Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(C) Within 180 days of the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Mayor shall, pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue final rules to implement the preference system established by this paragraph.".

(C) Paragraph (7)(A) is amended by striking the phrase "subparagraph (B)" and inserting the phrase "section 103(a)(6) of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), and subparagraph (B) of this paragraph" in its place.

(2) Subsection (e-1)(1) is amended by striking the phrase "given a 10-point hiring preference if, at the time of application, the applicant:" and inserting the phrase "awarded a 10-point hiring preference; provided, that the applicant claims the preference, if, at the time of application, the applicant:" in its place.

(3) Subsection (g) is repealed.

(e) Section 801A (D.C. Official Code § 1-608.01a) is amended as follows:

(1) Subsection (d) is amended as follows:

(A) Paragraphs (1) and (2) are amended to read as follows:

"(1) Notwithstanding any provision of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), and in accordance with section 102 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), an applicant for District government employment in the Educational Service who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the applicant claims the preference.

"(C) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Education Service shall be governed by section 105 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(B) Paragraph (7)(A) is amended by striking the phrase "subparagraph (B)" and inserting the phrase "section 103(a)(6) of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), and subparagraph (B) of this paragraph" in its place.

(2) Subsection (f) is amended to read as follows:

"(f) The Board shall integrate into its yearly performance objectives the target percentage of new hires and target percentage of all employees who are District residents.".

(f) Section 859 (D.C. Official Code § 1-608.59) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "section 801(e)" and inserting the phrase "section 102 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212)," in its place.

(2) Subsection (b) is amended as follows:

(A) Strike the phrase "the provisions of section 801(e) and the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code § 1-2501 et seq.)," and insert the phrase "the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code § 1-2501 et seq.), and in accordance with section 103 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212)," in its place.

(B) Strike the phrase "and attorneys employed by the Council of the District of Columbia shall become a bona fide resident" and insert the phrase "and an attorney appointed to the Legal Service at the Council shall become a resident" in its place.

(3) Subsection (c) is amended to read as follows:

"(c) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Legal Service shall be governed by section 105 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212); provided, that a waiver of the residency requirement described in subsection (b) of this section issued before the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), for an individual appointed to a hard-to-fill position in the Senior Executive Service Attorney Service, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.".

(4) A new subsection (d) is added to read as follows:

"(d) Verification and enforcement of District residency shall occur pursuant to section 104 of the Jobs for DC Residents Amendment Act of 2008, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(g) Section 906 (D.C. Official Code § 1-609.06) is amended as follows:

(1) The heading is amended by striking the word "Domicile" and inserting the word "Residency" in its place.

(2) Subsection (a) is amended to read as follows:

"(a) An appointee to the Excepted Service shall become a resident of the District within 180 days after the effective date of the individual's appointment and shall remain a resident of the District during the period of appointment, pursuant to section 103 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212). The failure to become a District resident or to maintain District residency shall result in the forfeiture of the position to which the person has been appointed.".

(3) Subsection (b) is amended to read as follows:

"(b) Residency shall be verified and enforced pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(4) Subsections (c) and (d) are repealed.

(5) Subsection (g) is amended to read as follows:

"(g) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Excepted Service shall be governed by section 105 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212); provided, that a waiver of the residency requirement described in subsection (a) of this section issued before the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.".

(6) Subsection (h) is repealed.

(7) Subsection (i)(3) is amended to read as follows:

"(3) At the request of the Inspector General, the Mayor shall have the authority to grant the Office of the Inspector General waivers of the residency requirement for new positions or hires in the Office of the Inspector General when those positions or hires present exceptional circumstances or for appointees or hires in hard to fill positions.".

(h) Section 957 (D.C. Official Code § 1-609.57) is amended to read as follows:

"Sec. 957. Residency preference.

"(a) Notwithstanding any provision of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), and in accordance with section 102 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), an applicant for District government employment in the Management Supervisory Service who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided that the applicant claims the preference. This preference shall be in addition to, and not instead of, qualifications established for the position.

"(b) Failure to maintain District residency for a period of 7 consecutive years from the individual's effective date of hire into the position for which the individual claimed the residency preference shall result in forfeiture of employment.

"(c) Verification and enforcement of residency shall occur pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(d) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Management Supervisory Service shall be governed by section 105 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).".

(i) Section 1059 (D.C. Official Code § 1-610.59) is amended to read as follows:

"Sec. 1059. District of Columbia residency.

"(a)(1) An appointee to the Executive Service shall become a resident of the District of Columbia within 180 days after the effective date of the person's appointment and shall remain a resident of the District of Columbia during the period of the appointment.

"(2) An appointee's failure to become a District of Columbia resident or to maintain residency shall result in the forfeiture of the position to which the person has been appointed.

"(3) Residency shall be verified and enforced pursuant to section 104 of the Jobs for DC Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(4) Beginning on the effective date of the District Government Employee Residency Amendment Act of 2017, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), waivers for residency requirements applicable to employees in the Executive Service shall be governed by section 105 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212); provided, that a waiver of the residency requirement described in subsection (a) of this section issued before the effective date of the District Government Employee Residency Amendment Act of 2017, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.".

(j) Subsection 1203(a) (D.C. Official Code § 1-612.03(a)) is amended as follows:

(1) Paragraph (5) is amended by striking the semicolon and inserting the phrase "; or" in its place.

(2) Paragraph (6) is repealed.

(k) Section 1203a (D.C. Official Code § 1-612.03a) is repealed.

Sec. 4. Section 121(g)(2)(B) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 866; D.C. Official Code § 1-711(g)(2)(B)), is amended to read as follows:

"(B)(i)(I) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Board shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Board.

"(II) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

"(III) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

"(IV) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

"(V) Each applicant for a position covered by this sub-subparagraph shall be informed in writing of the provisions of this sub-subparagraph at the time of application.

"(ii) The Board shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(iii) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 5. Section 5(e)(1)(C) of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 700; D.C. Official Code § 1-1001.05(e)(1)(C)), is amended to read as follows:

"(C)(i)(I) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Board shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Board.

"(V) Each applicant for a position covered by this sub-subparagraph shall be informed in writing of the provisions of this sub-subparagraph at the time of application.

Sec. 6. Section 11 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.08), is amended as follows:

(a) Subsection (d)(2) and (3) are repealed.

(b) A new subsection (d-1) is added to read as follows:

"(d-1) An Administrative Law Judge shall become a District resident within 180 days after appointment or reappointment pursuant to section 103(a)(3) of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), and section 859 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.59).".

Sec. 7. Section 16(f) of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-215(f)), is amended to read as follows:

"(f)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Authority shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Authority.

"(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

"(2) All persons hired after the effective date of the Jobs for D.C. Residents Amendment Act of 2007, effective February 8, 2008 (D.C. Law 17-108; D.C. Official Code passim), shall submit proof of residency upon employment in a manner determined by the Board.

"(3) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Authority shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 8. Section 3(c) of the Office of Zoning Independence Act of 1990, effective September 20, 1990 (D.C. Law 8-163; D.C. Official Code § 6-623.02(c)), is amended to read as follows:

"(c)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Director shall use a ranking system based on a scale of 100 points for all employment decisions for all positions within the Office.

"(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

"(F) The Director shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(2) The District members of the Zoning Commission shall verify and enforce residency requirements applicable to the Director pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(3)(A) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Director shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

"(B) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the District members of the Zoning Commission shall submit to the Mayor an annual report detailing for the previous fiscal year the Director's compliance with residency requirements.".

Sec. 9. Section 216(2) of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.16(2)), is amended to read as follows:

"(2)(A)(i) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Authority shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Authority.

"(ii) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

"(iii) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference and shall provide proof of residency annually to the Authority for the first 7 years of employment.

"(iv) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

"(v) Each applicant for a position covered by this subparagraph shall be informed in writing of the provisions of this subparagraph at the time of application.

"(B) All persons hired after the effective date of the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code passim), shall submit proof of residency upon employment in a manner determined by the Authority.

"(C) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Authority shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 10. Section 1506(b-1) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4235(b-1)), is amended to read as follows:

"(b-1)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the CJCC shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the CJCC.

"(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment, shall forfeit the individual's District government employment.

"(E) Each applicant for a position covered by this paragraph, shall be informed in writing of the provisions of this paragraph at the time of application.

"(2) The CJCC shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(3) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the CJCC shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 11. Paragraph 97(a) of Section 8 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen and for other purposes, approved March 4, 1913 (37 Stat. 995; D.C. Official Code § 34-801), is amended as follows:

(a) Designate the existing text as subparagraph (1).

(b) A new subparagraph (2) is added to read as follows:

"(2)(A)(i) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Commission shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Commission.

"(v) Each applicant for a position covered by this subparagraph shall be informed in writing of the provisions of this subparagraph at the time of application.

"(B) The Commission shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(C) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Commission shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 12. Section 1(c-1) of An Act to provide a People's Counsel for the Public Service Commission in the District of Columbia, and for other purposes, approved January 2, 1975 (88 Stat. 1975; D.C. Official Code § 34-804(c-1)) is amended to read as follows:

"(c-1)(1)(A) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the People's Counsel shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Office of the People's Counsel.

"(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

"(2) The People's Counsel shall verify and enforce District residency requirements pursuant to section 104 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212).

"(3) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the People's Counsel shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 13. Section 2214(d)(3) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-133; D.C. Official Code § 38-1802.14(d)(3)), is amended to read as follows:

"(3) District residency. —

"(A)(i) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Board shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Board.

"(v) Each applicant for a position covered by this paragraph, shall be informed in writing of the provisions of this paragraph at the time of application.

"(C) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 14. Section 203(c)(2) of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Official Code § 42-2702.03(c)(2)), is amended to read as follows:

"(2)(A)(i) Notwithstanding the provisions of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), the Agency shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Agency.

"(v) Each applicant for a position covered by this subparagraph shall be informed in writing of the provisions of this subparagraph at the time of application.

"(B) All persons hired after the effective date of the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code passim), shall submit 8 proofs of residency upon employment in a manner determined by the Board of Directors.

"(C) By November 1 of each year and pursuant to section 106 of the Jobs for D.C. Residents Amendment Act of 2007, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-212), the Agency shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.".

Sec. 15. Section 2(c)(3) of the Pathways to District Government Careers Amendment Act of 2018, enacted November 7, 2018 (D.C. Act 22-512; 65 DCR 12603), is repealed.

Sec. 16. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 17. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.

D.C. Law 22-315. District Government Employee Residency Amendment Act of 2018.

"TITLE I. DISTRICT RESIDENCY PREFERENCES AND REQUIREMENT.

Law Information

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Effective

Legislative History (LIMS)