§ 5–543.02. Technicians’ positions.

(a) The Mayor of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to establish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians’ positions.

(b) Each officer or member: (1) Who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972: (A) Was in a position assigned to subclass (b) of salary class 1 or 2 or subclass (c) of salary class 4; or (B) was in salary class 4 and was performing the duty of a dog handler; or (2) whose position is determined under subsection (a) of this section to be included in salary class 1, 2, or 4 on or after such date as a technician’s position shall on or after such date receive, in addition to his scheduled rate of basic compensation, $810 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments. An officer or member described in clause (1)(A) or (2) of this subsection shall receive the additional compensation authorized by this subsection until his position is determined under subsection (a) of this section not to be included in salary class 1, 2, or 4, as a technician’s position or until he no longer occupies such position, whichever occurs first. An officer or member described in clause (1)(B) of this subsection shall receive such compensation until the position of dog handler is determined under subsection (a) of this section not to be included in salary class 4 as a technician’s position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection (a) of this section as a technician’s position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician’s position and the additional compensation authorized for officers and members performing the duty of a dog handler.

(c) Each officer or member who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass (b) of salary class 4 shall, on or after such date, receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent, of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments, so long as he remains in such assignment.

(d) The additional compensation authorized by subsections (b) and (c) of this section shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.

(e) Whenever any officer or member (other than an officer or member of the United States Park Police) receiving additional compensation authorized by subsection (b) or (c) of this section is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this subchapter, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum.

(f) The loss of the additional compensation authorized by subsection (b) or (c) of this section shall not constitute an adverse action for the purposes of § 7511 et seq. of Title 5 of the United States Code.

(g) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be eligible for the additional compensation in accordance with this section.

(Aug. 1, 1958, 72 Stat. 483, Pub. L. 85-584, title III, § 302; Aug. 29, 1972, 86 Stat. 636, Pub. L. 92-410, title I, § 106; Sept. 3, 1974, 88 Stat. 1037, Pub. L. 93-407, title I, § 101(a)(5)-(7); Jan. 3, 1975, 88 Stat. 2174, Pub. L. 93-635, § 2; June 19, 1976, D.C. Law 1-73, § 2(3), 23 DCR 2807; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 4, 2000, D.C. Law 13-160, § 103(d), 47 DCR 4619; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 § 906(a); Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(C).)

Prior Codifications

1981 Ed., § 4-411.

1973 Ed., § 4-828.

Section References

This section is referenced in § 5-542.02, § 5-543.04, and § 5-545.06a.

Effect of Amendments

D.C. Law 13-160 added subsec. (g), relating to employees appointed pursuant to § 1-610.72.

Pub. L. 111-282, in subsec. (a), deleted “the Secretary of the Treasury, in the case of the United States Secret Service Uniformed Division,” following “Columbia”; and, in subsecs. (b) and (c), deleted “the United States Secret Service Uniformed Division or” following “member of”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).

For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).

For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).

For temporary (90-day) amendment of section, see § 3(d) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(d) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).

For temporary (225 day) amendment of section, see § 3(d) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).

References in Text

The effective date of the Police and Firemen’s Salary Act Amendments of 1972, referred to in subsections (b) and (c) of this section, is prescribed by § 118 of the Act of August 29, 1972, 86 Stat. 634, Pub. L. 92-410.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.