1. (a) The Executive Schedule (“DX Schedule”), shall be divided into 5 pay levels and shall be the basic pay schedule for subordinate agency head positions.

2. (b)

   1. (1) The Mayor shall designate the appropriate pay level within the range of the DX Schedule for each subordinate agency head position.

   2. (2) Notwithstanding paragraph (1) of this subsection, the Council approves the following compensation levels and terms of employment:

      1. (A)

         1. (i) Lewis Ferebee shall be compensated $280,000 annually, effective January 21, 2019, while serving in the capacity of the Chancellor of the District of Columbia Public Schools.
         2. (ii) Notwithstanding any other provision of law, the Chancellor may be paid a performance bonus of up to 10% of his annual base salary for goal achievements in each school year.
         3. (iii) In addition to such other benefits as the Chancellor may be entitled to receive under existing law or regulation, and notwithstanding § 1-610.58, the Mayor may make a separation payment to the Chancellor of up to 26 weeks of the Chancellor's base salary if the Chancellor's contract is terminated, unless the termination is for cause.
         4. (iv) The restrictions and reporting requirements specified in § 50-204(b), shall not apply to the Chancellor.
      2. (B) $197,245 for Tanya A. Royster, MD, as Director of the Department of Behavioral Health, effective August 3, 2015;
      3. (C) $239,788 for LaQuandra S. Nesbitt, MD, MPH, as Director of the Department of Health, effective December 3, 2018; and
      4. (D) Repealed.
   3. (2A) Repealed.

   4. (2B) For the purposes of paragraph (2)(A) of this subsection, the term "cause" means:

      1. (A) Being indicted for or convicted of any criminal offense;
      2. (B) Committing on-duty conduct that is reasonably known to be a violation of law or regulation;
      3. (C) Using public office for private gain; or
      4. (D) Committing an act that would warrant removal pursuant to Chapter 16 of Title 6B of the District of Columbia Municipal Regulations (6B DCMR § 1600 et seq.).

   5. (3)

      1. (A) Repealed.
      2. (B) Repealed.
   6. (4) The existing levels of compensation for officeholders provided in this subsection shall not be the basis of determining the salary of future officeholders in the same position, who shall be subject to compensation within the limits of the DX schedule, except as provided in this chapter.
3. (b-1) Repealed.
4. (c) Each level shall have a minimum and maximum salary range established by the Mayor, subject to Council review and approval by resolution. Initial salary ranges shall be submitted by the Mayor to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 60-day period, the proposed salary ranges shall be deemed approved.
5. (d) Any subsequent changes to the salary ranges established pursuant to subsection (c) of this section shall be submitted by the Mayor to the Council for a 15-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed changes to the salary ranges by resolution within this 15-day period, the proposed salary ranges shall be deemed approved.
6. (e) Initial salary ranges and any subsequent changes to the salary ranges shall become effective upon approval and shall be published in the District of Columbia Register for notice purposes within 45 days of their approval.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability of § 101(m) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-610.51.

Section 1004 of D.C. Law 22-33, provided that with respect to the employees identified in § 1-610.52(b)(2)(B), the amendments made by section 1002(c)(1) of D.C. Law 22-33shall apply as of July 20, 2016.

History

Mar. 3, 1979, D.C. Law 2-139, § 1052

as added June 10, 1998, D.C. Law 12-124, § 101(m), 45 DCR 2464

Feb. 24, 2012, D.C. Law 19-83, § 2(a), 58 DCR 11024

June 19, 2013, D.C. Law 19-320, § 501, 60 DCR 3390

Dec. 24, 2013, D.C. Law 20-61, § 1072(b), 60 DCR 12472

Oct. 22, 2015, D.C. Law 21-36, § 4042, 62 DCR 10905

Oct. 8, 2016, D.C. Law 21-160, § 3022(a)

Dec. 13, 2017, D.C. Law 22-33, § 1002

Apr. 11, 2019, D.C. Law 22-290, § 501

Sept. 11, 2019, D.C. Law 23-16, § 4052

Resolutions

Resolution 16-220, the “Executive Service Schedule Approval Resolution of 2005”, was approved effective July 6, 2005.

Short Title

Section 1071 of D.C. Law 20-61 provided that Subtitle H of Title I of the act may be cited as the “District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2013”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of the Director of the Homeland Security and Emergency Management Agency Salary Approval Emergency Amendment Act of 2016 (D.C. Act 21-353, Mar. 23, 2016, 63 DCR 4641).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Emergency Amendment Act of 2016 (D.C. Act 21-313, Feb. 18, 2016, 63 DCR 2197).

For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-81, June 17, 2015, 62 DCR 8827, 21 DCSTAT 1474).

For temporary (90 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Emergency Amendment Act of 2015 (D.C. Act 21-27, Mar. 30, 2015, 62 DCR 4527, 21 DCSTAT 862).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 1072(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 501 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

For temporary amendment of (b), see § 501 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 day) amendment of section, see § 4 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary (90 day) addition of sections, see §§ 2, 3 of Chancellor of the District of Columbia Public Schools Salary Adjustment Approval Emergency Act of 2011 (D.C. Act 19-137, August 9, 2011, 58 DCR 6802).

For temporary (90 day) amendment of section, see § 2 of Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Emergency Amendment Act of 2008 (D.C. Act 17-424, July 16, 2008, 55 DCR 8242).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-155, October 18, 2007, 54 DCR 10915).

For temporary (90 day) amendment of section, see § 2 of Executive Service Compensation System Change and Pay Schedule Emergency Amendment Act of 2007 (D.C. Act 17-83, July 25, 2007, 54 DCR 8003).

For temporary (90 days) amendment of this section, see § 2 of Director of the Homeland Security and Emergency Management Agency Salary Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-365, Apr. 26, 2016, 63 DCR 6838).

For temporary (90 days) amendment of this section, see § 2 of Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-368, Apr. 27, 2016, 63 DCR 6844).

For temporary (90 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Emergency Amendment Act of 2016 (D.C. Act 21-637, Jan. 24, 2017, 64 DCR 923).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1002 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90-day) repeal of the Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017, effective April 7, 2017 (D.C. Law 21-246; 64 DCR 1620), see § 1003 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

Temporary Legislation

For temporary (225 days) amendment of section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary and Benefits Approval Temporary Amendment Act of 2016 D.C. Law 21-102, April 20, 2016, 63 DCR 3652, 20 DCSTAT 3145).

For temporary (225 days) amendment of this section, see § 2 of the Chancellor of the District of Columbia Public Schools Salary Adjustment Temporary Amendment Act of 2015 ( D.C. Law 21-4, June 4, 2015, 62 DCR 4558).

For temporary (225 days) amendment of section, see § 2 of the Director of the Office of Public Education Facilities Modernization Allen Lew Compensation System Change and Pay Schedule Temporary Amendment Act of 2008 D.C. Law 17-238, October 21, 2008, 55 DCR 9026.

For temporary (225 Days) amendment of section, see § 2 of the Executive Service Compensation System Change and Pay Schedule Temporary Amendment Act of 2007 D.C. Law 17-56, November 24, 2007, 54 DCR 10034.

For temporary (225 days) amendment of this section, see § 2(a) of Chancellor of the District of Columbia Public Schools Salary and Benefits Authorization Temporary Amendment Act of 2017 (D.C. Law 21-246, Apr. 7, 2017, 64 DCR 1620).

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 284,000)” for “the Chancellor of the District of Columbia Public Schools Kaya Henderson ($ 275,000)” in (b)(2).

The 2013 amendment by D.C. Law 20-61 added (b-1).

The 2013 amendment by D.C. Law 19-320 substituted “paragraphs (2) and (2A)” for “paragraph (2)” throughout (b); added (b)(2A); and added “or in the position of Director of the Department of Forensic Sciences, who takes office after June 19, 2013” in (b)(4).

D.C. Law 19-83 rewrote subsec. (b), which had read as follows: “(b) The Mayor shall designate the appropriate level for each subordinate agency head position.”

Prior Codifications

1981 Ed., § 1-611.52.

Section References

This section is referenced in § 1-301.85, § 5-105.01, § 5-402, § 5-541.01, and § 5-544.01.

Cross References

D.C. Law 20-61 is published at 20 DCSTAT 2229.

D.C. Law 19-320 is published at 20 DCSTAT 1210.