904

904.1

The following types of positions are considered Excepted Service positions:

(a) Excepted Service statutory positions include positions occupied by employees who, pursuant to § 908 of the CMPA (D.C. Official Code § 1-609.08 (2012 Repl.)), serve at the pleasure of the appointing authority; or who, as provided by other statute, serve for a term of years subject to removal for cause as may be provided in the appointing statute. Among the Excepted Service statutory positions listed in § 908 of the CMPA are the following:

(1) The City Administrator;

(2) The Director of Campaign Finance, District of Columbia Board of Elections;

(3) The Auditor of the District of Columbia;

(4) The Chairman and members of the Public Service Commission;

(5) The Chairman and members of the Board of Parole;

(6) The Executive Director of the Public Employee Relations Board;

(7) The Secretary to the Council of the District of Columbia;

(8) The Executive Director of the Office of Employee Appeals;

(9) The Executive Director and Deputy Director of the D.C. Lottery and Charitable Games Control Board;

(10) The Budget Director of the Council of the District of Columbia;

(11) The Chief Administrative Law Judge, Administrative Law Judges, and Executive Director of the Office of Administrative Hearings; and

(12) The Chief Tenant Advocate of the Office of the Tenant Advocate.

(b) Positions created under public employment programs established by law, pursuant to § 904(1) of the CMPA (D.C. Official Code § 1-609.04(1) (2012 Repl.)).

1. (c) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, returning citizen or other disadvantaged groups, pursuant to § 904(2) of the CMPA (D.C. Official Code § 1-609.04(2) (2012 Repl.)).
2. (d) Special category positions established pursuant to § 904(3), (4), and (5) of the CMPA (D.C. Official Code § 1-609.04(3), (4), and (5) (2012 Repl.)), specifically:
3. (1) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970, approved January 5, 1971 (Pub.L. 91-648; 84 Stat. 1909; 5 U.S.C. §§ 3301 et seq.);
4. (2) Positions established under federal grant-funded programs that have a limited or indefinite duration and are not subject to state merit requirements by personnel authorities; excluding employees of the State Board of Education or of the Trustees of the University of the District of Columbia; and
   1. (3) Positions established to employ professional, scientific, or technical experts or consultants.
5. (e) Positions established under cooperative educational and study programs pursuant to § 904(6) of the CMPA (D.C. Official Code § 1-609.04(6) (2012 Repl.)), including but not limited to positions established under a pre-doctoral or post-doctoral training program under which employees receive a stipend; positions occupied by persons who are graduate students under temporary appointments when the work performed is the basis for completing certain academic requirements for advanced degrees; and positions established under the Capital City Fellows program administered by the D.C. Department of Human Resources.
6. (f) Excepted Service policy positions pursuant to § 903(a) of the CMPA (D.C. Official Code § 1-609.03(a) (2012 Repl.)) are positions reporting directly to the head of the agency or placed in the Executive Office of the Mayor or the Office of the City Administrator, in which the position holder's primary duties are of a policy determining, confidential, or policy advocacy character. These positions shall consist of the following:
7. (1) No more than one hundred and sixty (160) positions appointed by the Mayor;

(2) Staff positions at the Council of the District of Columbia, the occupants of which are appointed by Members of the Council of the District of Columbia, provided that this does not include positions occupied by those permanent technical and clerical employees appointed by the Secretary or General Counsel, and those in the Legal Service;

(3) No more than fifteen (15) positions, the occupants of which shall be appointed by the Inspector General;

(4) No more than four (4) positions, the occupants of which shall be appointed by the District of Columbia Auditor;

(5) No more than twenty (20) positions, the occupants of which shall be appointed by the Board of Trustees of the University of the District of Columbia, to serve as officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service.

(6) No more than six (6) positions, the occupants of which shall be appointed by the Chief of Police;

(7) No more than six (6) positions, the occupants of which shall be appointed by the Chief of the Fire and Emergency Medical Services Department;

(8) No more than nine (9) positions, the occupants of which shall be appointed by the Criminal Justice Coordinating Council;

(9) No more than eleven (11) positions, the occupants of which shall be appointed by the District of Columbia Sentencing Commission;

(10) The State Board of Education may appoint staff to serve an administrative role for the elected members of the Board; provided, that funding is available and that at least three (3) full-time equivalent employees are appointed to the Office of Ombudsman for Public Education; and

(11) Not more than two (2) positions in each other personnel authority not expressly designated in this subsection, provided that the occupants of each of these positions shall be appointed by the appropriate personnel authority.

904.2 The following shall apply to professional, scientific, or technical expert and consultant positions listed in § 904.1(d)(3):

(a) Persons serving in expert or consultant positions may be offered paid or unpaid employment; shall be qualified to perform the duties of the position and the positions shall be bona-fide expert or consultant positions, as these terms are defined in § 999;

(b) Experts and consultants may be employed under intermittent or temporary appointments not-to-exceed one (1) year; except that appointments may be renewed from year to year without limit on the number of reappointments, provided there is continued need for the services;

(c) Hiring an expert or consultant to do a job that can be performed as well by regular employees, to avoid competitive employment procedures or District Service pay limits, shall be considered improper uses of experts and consultants; and

(d) Persons employed as experts and consultants shall be subject to the domicile requirements specified in § 909 and Chapter 3 of this subtitle.

904.3 A statutory or policy position as described in §§ 904.1(a) or 904.1(f)(1) through (10) occupied by a person holding an appointment to an attorney position shall be treated solely as a statutory or policy position.

SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 36 DCR 7931 (November 17, 1989); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 61 DCR 7855 (August 1, 2014); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015); as amended by the Fiscal Year 2024 Budget Support Act of 2023, effective September 6, 2023 (D.C. Law 25-50; 70 DCR 010366 (July 28, 2023)).