(a) In general. — The Chief Financial Officer may only be removed for cause by the Mayor, subject to the approval of the Council by a resolution approved by not fewer than 2/3 of the members of the Council. After approval of the resolution by the Council, notice of the removal shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30-day period of review and comment before the removal takes effect.
(b) Special rule for control years. — During a control year, the Chief Financial Officer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.
(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(c); as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(1); Dec. 23, 2004, 118 Stat. 3970, Pub. L. 108-489, § 4(a); Oct. 16, 2006, 120 Stat. 2031, Pub. L. 109-356, § 201(a).)
Prior Codifications1981 Ed., § 47-317.3.
Effect of AmendmentsPublic Law 106-522 deleted in the caption “during control year”, struck in the matter preceding paragraph (1) “During a control year, the Chief Financial Officer” and inserted “The Chief Financial Officer”; struck in paragraph “Preparing” and inserted “During a control year, preparing”; struck in paragraph (3), “Assuring” and inserted “During a control year, assuring”; rewrote paragraph (5); struck in paragraph (11), “or the Authority” and inserted “(or by the Authority during a control year)”; and added at the end new paragraphs (18) through (24).
Pub. L. 108-489, in par. (21), substituted “systems (other than the retirement system for police officers, fire fighters, and teachers)” for “systems”.
Pub. L. 109-356 rewrote this section.
References in TextThe “District of Columbia Financial Responsibility and Management Assistance Act of 1995”, referred to in (3), is Pub. L. 104-8, 109 Stat. 97.
Effective DatesSection 336(b) of Pub. L. 108-335 provided that the amendment made by subsection (a) shall take effect as if included in the enactment of the Emergency Wartime Supplemental Appropriations Act, 2003 Public Law 108-11 .
Section 4(b) of Pub. L. 108-489 provided: “The amendment made by subsection (a) shall apply with respect to fiscal year 2005 and each succeeding fiscal year.”
Editor's NotesEnactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that “§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47-304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47-325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1-204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1-204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1-204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1-204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections.”
Pub. L. 107-20, ch. 3, § 2301, July 23, 2001, 115 Stat. 173, provided:
“Report by the Mayor. The Mayor of the District of Columbia shall provide the House and Senate Committees on Appropriations, the Senate Committee on Governmental Affairs and the House Committee on Government Reform with a report on the specific authority necessary to carry out the responsibilities transferred to the Chief Financial Officer in a non-control year, outlined in section 155 of Public Law 106-522, the Fiscal Year 2001 District of Columbia Appropriations Act, and responsibilities outlined in Bill 14-254, passed by the Council of the District of Columbia on July 10, 2001 relating to the transition of responsibilities under Public Law 104-8, the District of Columbia Financial Responsibility and Management Assistance Act of 1995, within 45 days of the enactment of this Act.”
Section 409 of Pub. L. 107-206, Aug. 2, 2002, 116 Stat. 848, provided:
“Sec. 409. Effective June 30, 2002, the authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2003 or until such time as the District of Columbia Fiscal Integrity Act becomes effective, whichever occurs sooner.”
Section 2302 of Pub. L. 108-11, April 16, 2003, 117 Stat. 593, as amended by Pub. L. 108-335, § 336(a), Oct. 18, 2004, 118 Stat. 1347, provided:
“Sec. 2302. The authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through September 30, 2005.”
Delegation of AuthorityDelegation of authority under D.C. Act 11-404, the “General Obligation Bond Act of 1996”, see Mayor’s Order 96-146, October 7, 1996 ( 43 DCR 5671).
Delegation of Authority Under the District of Columbia Revenue Act of 1970, Public Law No. 91-650, see Mayor’s Order 2006-51, April 14, 2006 ( 53 DCR 5300).