Confirmation Amendment Act of 1997, Bill 12-261

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To amend the Confirmation Act of 1978 to clarify that its provisions apply only to those persons 10 enumerated in the act and not to members of boards and commissions except as provided 11 by law.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Confirmation Amendment Act of 1997"

Sec. 2. Section 2 of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Code § 1-633.7), is amended to read as follows::

"Sec. 2. Mayoral nominees.

"(a) The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service established by the District of Columbia Comprehensive Merit Personnel Act of 1978, effective Mar. 3, 1979, D.C. Law 2-139, § 1-611.1 et seq., the 15 members of the Board of Appeals and Review and the members Public Employees Relations Board and to the Office of Employee Appeals, subject to the advice and consent of the Council, within 180 calendar days of the date of the establishment of the subordinate agency or the date of a vacancy, whichever is applicable. A nomination shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, this nomination shall be deemed confirmed.

(1) If the Mayor fails to nominate a person as required by this section, no-District funds may be expended to compensate any person serving in the position until the Mayor has submitted a nomination to the Council.

(2) The designation of an acting subordinate agency shall not suspend the requirements of this section.

(3) A person may serve as an acting subordinate agency head for no longer than 90 days, excluding days of Council recess.

"(b) Unless otherwise provided in subsection (a) of this section, no person shall serve in an acting capacity in a position that is required by law to be filled by Mayoral appointment with the advice and consent of the Council including, but not limited to, positions on boards and commissions.

"(c) Unless otherwise provided by law, no person shall serve in a hold-over capacity for longer than 180 days after the expiration of the term to which he or she was appointed in a position that is required by law to be filled by Mayoral appointment with the advice and consent of the Council including, but not limited to, positions on boards and commissions.

"(d) The provisions of this section shall not be affected by any provision in the Governmental Reorganization Procedures Act of 1981, effective Oct. 17, 1981, D.C. Law 4-42, §1-299.1".

Sec. 3. This act shall have no fiscal impact.

Sec. 4. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.