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Council Period 12
Council Period 13
|Councilmember Kathy Patterson
Councilmember Sharon Ambrose
A BILL .IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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
"(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
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.