§ 1–204.24b. Appointment of the Chief Financial Officer.

(a) Appointment. —

(1) In general. — The Chief Financial Officer shall be appointed by the Mayor with the advice and consent, by resolution, of the Council. Upon confirmation by the Council, the name of the Chief Financial Officer 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 appointment takes effect.

(2) Special rule for control years. — During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows:

(A) Prior to the appointment, the Authority may submit recommendations for the appointment to the Mayor.

(B) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.

(C) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination.

(D) The nomination shall be effective subject to approval by a majority vote of the Authority.

(b) Term. —

(1) In general. — All appointments made after June 30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The appointments shall have an anniversary date of July 1.

(2) Transition. — For purposes of §§ 1-204.24a — 1-204.24f, the individual serving as Chief Financial Officer as of October 16, 2006, shall be deemed to have been appointed under this subsection, except that such individual’s initial term of office shall begin upon such date and shall end on June 30, 2007.

(3) Continuance. — Any Chief Financial Officer may continue to serve beyond his term until a successor takes office.

(4) Vacancies. — Subject to subsection (c), any vacancy in the Office of Chief Financial Officer shall be filled in the same manner as the original appointment under subsection (a) of this section.

(5) Pay. — The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title

(1) Service as CFO. —

(A) In general. — Except as provided in subparagraph (B), if there is a vacancy in the Office of Chief Financial Officer because the Chief Financial Officer has died, resigned, or is otherwise unable to perform the functions and duties of the Office—

(i) the District of Columbia Treasurer shall serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of paragraph (2); or

(ii) the Mayor may direct one of the Deputy Chief Financial Officers of the Office referred to in § 1-204.24a(c)(1) through (4) to serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of paragraph (2).

(B) Exclusion of certain individuals. — Notwithstanding subparagraph (A), an individual may not serve as the Chief Financial Officer under such clause if the individual did not serve as the District of Columbia Treasurer or as one of such Deputy Chief Financial Officers of the Office of the Chief Financial Officer (as the case may be) for at least 90 days during the 1-year period which ends on the date the vacancy occurs.

(2) Time limitation. — A vacancy in the Office of the Chief Financial Officer may not be filled by the service of any individual in an acting capacity under paragraph (1) after the expiration of the 210-day period which begins on the date the vacancy occurs.

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(b); 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(a); Dec. 21, 2001, 115 Stat. 949, Pub. L. 107-96, § 111(d); Oct. 16, 2006, 120 Stat. 2031, Pub. L. 109-356, § 201(a); May 1, 2013, 127 Stat. 441, Pub. L. 113-8, § 2; Dec. 26, 2013, 127 Stat. 1209, Pub. L. 113-71, § 1(a).)

Prior Codifications

1981 Ed., § 47-317.2.

Section References

This section is referenced in § 1-204.24a.

Effect of Amendments

Public Law 106-522 in subsec. (a) added at the end of par. (1)(B) “Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the appointment takes effect.”; and in par. (2)(B), struck the period at the end and inserted the following: “upon dismissal by the Mayor and approval of that dismissal by a 2/3 vote of the Council. Upon approval of the dismissal by the Council, notice of the dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the dismissal takes effect.”

Pub. L. 107-96, in subsec. (c), substituted “equal to” for “determined by the Mayor, except that such rate may not exceed”, and substituted “level I” for “level IV”.

Pub. L. 109-356 rewrote the section which had read as follows:

“(a) In general. — (1) Control year.—During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows: (A) Prior to the appointment of the Chief Financial Officer, the Authority may submit recommendations for the appointment to the Mayor. (B) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination. (C) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination. (D) The nomination shall be effect approval by a majority vote of the Authority.

“(2) Other years.—During a year other than a control year, the Chief Financial Officer shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment. Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the appointment takes effect.

“(b) Removal. — (1) Control year.—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.

“(2) Other years.—During a year other than a control year, the Chief Financial Officer shall serve at the pleasure of the Mayor, except that the Chief Financial Officer may only be removed for cause upon dismissal by the Mayor and approval of that dismissal by a 2/3 vote of the Council. Upon approval of the dismissal by the Council, notice of the dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the dismissal takes effect.

“(c) Salary.—The Chief Financial Officer shall be paid at an annual rate equal to the rate of basic pay payable for level I of the Executive Schedule.”

Pub. L. 113-8 added “Subject to subsection (c)” to the beginning of (b)(4); and added (c).

Pub. L. 113-71 rewrote (b)(5).

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2 and 5 of the Chief Financial Officer Compensation Emergency Act of 2013 (D.C. Act 20-140, July 31, 2013, 60 DCR 11792, 20 DCSTAT 1984).

Temporary Legislation

For temporary (225 days) amendment of this section, see §§ 2 and 4 of the Chief Financial Officer Compensation Temporary Amendment Act of 2013 (D.C. Law 20-44, October 24, 2013, 60 DCR 14957).

Short Title

Pub. L. 113-8, § 1. provided: “This Act may be cited as the ‘District of Columbia Chief Financial Officer Vacancy Act’.”

Effective Dates

Pub. L. 107-96, § 111(e), provided: “The amendment made by subsection (d) shall apply with respect to pay periods in fiscal year 2002 and each succeeding fiscal year.”

Editor's Notes

Pub. L. 113-8, § 2(c) provided that the amendments made by the Act shall apply with respect to vacancies occurring on or after May 1, 2013.

Pub. L. 113-71, § 1(b) provided that the amendments made by the Act shall apply with respect to pay periods occurring on or after Dec. 26, 2013.