For the purpose of this chapter unless otherwise required by the context:
(1) The term “agency” means any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of 1 or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" shall not include the Council.
(1A) The term “Attorney General” means the Attorney General for the District of Columbia.
(2) The term “boards and commissions” means bodies established by law or by order of the Mayor of the District of Columbia consisting of appointed members to perform a trust or execute official functions on behalf of the District of Columbia government. Compensation or reimbursement of expenses, if any, to such members shall be provided according to § 1-611.08; provided, however, that full-time employees shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11.
(4) The term “Council” means the Council of the District of Columbia, created pursuant to § 1-204.01.
(5) The term “District” means the District of Columbia government (§ 1-102).
(5A) The term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(5B) The term “domestic partnership” shall have the same meaning as provided in § 32-701(4).
(5C) The term “domicile” means:
(A) Physical presence in the District of Columbia; and
(B) An intent to abandon any and all former domiciles and remain in the District of Columbia during the duration of the appointment.
(6) The term “educational employee” means an employee of the District of Columbia Board of Education or of the Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:
(A) Clerical, stenographic, or secretarial positions;
(B) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;
(C) Bus drivers and other drivers involved in the transportation of persons, equipment, materials or inventory;
(D) Cooks, dieticians, and other positions involved in direct planning, preparation, service, and conditions of preparation and service of food;
(E) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or
(F) Positions the major duties in which consist of the supervision of employees covered in subparagraphs (A) through (E) of this definition: provided, however, that this subparagraph shall not be deemed to include heads of academic units at the School of Law or the University of the District of Columbia.
(7) The term “employee” means, except when specifically modified in this chapter, an individual who performs a function of the District government and who receives compensation for the performance of such services.
(7A) The term "entry-level" means a competitive District government position that:
(A) Requires 3 or fewer years of prior work experience; and
(B) Does not require educational certification above a high school diploma or its equivalent.
(8) The term “Excepted Service” means positions in the District of Columbia government as provided for in subchapter IX of this chapter.
(8A) The term "exceptional circumstances" means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control.
(9) The term “Executive Service” means any subordinate agency head whom the Mayor is authorized to appoint in accordance with subchapter X-A of this chapter.
(9A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).
(10) The term “grievance” means any matter under the control of the District government which impairs or adversely affects the interest, concern, or welfare of employees, but does not include adverse actions resulting in removals, suspension of 10 days or more, or reductions in grade, reductions in force or classification matters. This definition applies to matters which are subject to procedures established pursuant to section § 1-616.53 and is not intended to restrict matters that may be subject to a negotiated grievance and arbitration procedure in a collective bargaining agreement between the District and a labor organization representing employees.
(10A) The term “hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.
(11) The term “head” means the highest ranking executive official of an agency.
(13) The term “independent agency” means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections, the Board of Ethics and Government Accountability, the Campaign Finance Board, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, the Office of Employee Appeals, and the Rental Housing Commission. For the purposes of this chapter, the Office of the Attorney General for the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District.
(13A) The term “Legal Service” means positions in the District of Columbia government as provided for in subchapter VIII-B of this chapter.
(13B) The term “Management Supervisory Service” means positions in the District of Columbia government as provided for in subchapter IX-A of this chapter.
(13C) The term “nonschool-based personnel” means any employee of the District of Columbia Public Schools who is not based at a local school or who does not provide direct services to individual students.
(14) The term “personnel authority” means an individual with the authority to administer all or part of a personnel management program as provided in subchapter IV of this chapter.
(14A) “Public official” means:
(A) A candidate, as that term is defined in § 1-1161.01.
(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title [§ 1-201.01 et seq.];
(C) The Attorney General;
(D) A Representative or Senator elected pursuant to § 1-123;
(E) An Advisory Neighborhood Commissioner;
(F) A member of the State Board of Education;
(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;
(H) A member of a board or commission listed in § 1-523.01(e); and
(I) A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or the appearance of a conflict of interest.
(14B) The term "qualifying patient" means an individual who is actively registered in the District's medical marijuana program established pursuant to § 7-1671.05 or in the medical marijuana program of the employee's jurisdiction of residence.
(15) The term “resident” means any person who is a domiciliary of the District of Columbia and who throughout his or her employment by the District maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.
(15A) The term "resident District graduate" means a resident who received a high school diploma from the District of Columbia Public Schools or a District public charter school or who received a GED or high school equivalency credential from the District of Columbia.
(15B) The term "safety-sensitive" means a position in which it is reasonably foreseeable that, if the employee performs the position's routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.
(15C) The term “school administrators” means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia Public Schools.
(16) The term “standard” means any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.
(17) The term “subordinate agency” means any agency under the direct administrative control of the Mayor, including, but not limited to, the following:
(A) Office of Operations (Mayor’s Order 83-17);
(B) Office of Economic Development (Mayor’s Order 83-18);
(C) Office of Financial Management (Mayor’s Order 83-19);
(D) Repealed.
(E) Department of Corrections (Organization Order 7);
(F) Department of Public Works (Reorganization Plan No. 4 of 1983);
(G) Department of Finance and Revenue (Commissioner’s Order 69-96);
(H) Fire and Emergency Medical Services Department (Reorganization Order 6);
(I) Department of Administrative Services (Reorganization Plan No. 5 of 1983);
(J) Department of Housing and Community Development (Reorganization Plan 3 of 1975);