For the purposes of this subchapter, the term:

(1) “Agency” means any subordinate or independent agency of the District government, but does not include the following entities:

(A) Superior Court or the Court of Appeals;

(B) District of Columbia Financial Responsibility and Management Assistance Authority;

(C) Board of Parole;

(D) Repealed;

(E) Housing Finance Agency;

(F) Pretrial Services Agency;

(G) Public Defender Service;

(H) Water and Sewer Authority;

(I) Washington Convention and Sports Authority;

(J) Housing Authority; or

(K) Any agency or unit thereof excluded by court order from coverage pursuant to this chapter.

(2) "Attorney" means:

(A) Any position which is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(B) Notwithstanding subparagraph (A) of this paragraph, a hearing examiner employed by the Office of Employee Appeals.

(3) “Senior Executive Attorney Service position” means:

(A) Any attorney position which is classified above DS-15, or an equivalent position, and in which the employee:

(i) Directs the work of an organizational unit;

(ii) Is held accountable for the success of one or more specific programs or projects;

(iii) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals;

(iv) Supervises the work of employees other than personal assistants;

(v) Performs important legal policy-making or policy-determining functions; or

(vi) Provides significant leadership in legal counseling or in the trial of cases;

(B) Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or

(C) Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Officer.

(Mar. 3, 1979, D.C. Law 2-139, § 851; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(a), 47 DCR 520; July 12, 2001, D.C. Law 14-18, § 9(b), 48 DCR 4047; Oct. 20, 2005, D.C. Law 16-33, § 3012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191,§ 5(p)(1), 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2082(b), 57 DCR 181; Apr. 25, 2018, D.C. Law 22-87, § 2(b), 65 DCR 2368.)

1981 Ed., § 1-609.51.

This section is referenced in § 1-608.53 and § 7-771.06.

D.C. Law 13-91, in subpar. (K) of par. (1), substituted “pursuant to this chapter” for “pursuant to the CMPA”.

D.C. Law 14-18 repealed subpar. (D) of par. (1) which had read:

“(D) Health and Hospitals Public Benefit Corporation;”

D.C. Law 16-33, rewrote pars. (3)(B) and (3)(C).

D.C. Law 16-191, in par. (3)(B), validated a previously made technical correction.

D.C. Law 18-111, in par. (1)(I), substituted “Washington Convention and Sports Authority” for “Washington Convention Center Authority”.

Section 7029 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-87 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-87 have been implemented.

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(b) of D.C. Law 22-87 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary addition of subchapter IX-B, see § 2(j) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 3012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short title of subtitle B of title III of Law 16-33: Section 3011 of D.C. Law 16-33 provided that subtitle B of title III of the act may be cited as the Legal Service Amendment Act of 2005.