The Mayor and the District of Columbia Board of Education shall issue rules and regulations establishing a procedure for the orderly furloughing of employees or termination of employees, taking full account of nondiscrimination provisions and appointments objectives of this chapter. Each agency shall be considered a competitive area for reduction-in-force purposes. A personnel authority may establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency’s mission or a division or major subdivision of an agency. When as a result of a reorganization order a function is transferred from 1 District agency to another District agency, the procedures for transferring the employees identified with the continuing function shall be negotiated with the recognized labor organization.
(Mar. 3, 1979, D.C. Law 2-139, § 2401, 25 DCR 5740; Sept. 26, 1980, D.C. Law 3-109, § 4(b), 27 DCR 3785; Mar. 5, 1996, D.C. Law 11-98, § 201(a), 43 DCR 5; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(a); Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(a); June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464.)
Prior Codifications1981 Ed., § 1-625.1.
1973 Ed., § 1-354.1.
Emergency LegislationFor temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).
Editor's NotesLimitations on total number of positions: Section 3 of D.C. Law 9-47 provided that at no time shall the total number of positions, outside existing collective bargaining units, at grades 11 and above on the District Service Schedule and at equivalent levels in other salary or pay schedules, exceed the number of such positions in an agency on July 1, 1991, minus the number of positions abolished by the agency pursuant to this act.
Reduction in workforce: Section 1405 of D.C. Law 11-52 provided for the elimination of at least 1,200 additional specific funded positions prior to September 30, 1995, through early retirement, a voluntary severance incentive program, and a reduction in force.
Applicability of § 101(x) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”
Mayor's OrdersFurloughing of Employees During Fiscal Year 2011, see Mayor’s Order 2011-44, February 18, 2011 ( 58 DCR 1497).