District of Columbia Code
Subchapter IX - Excepted Service
§ 1–609.05. Lack of job protection; procedural protection

*NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
Employees in the Excepted Service (other than those appointed under the authority of § 1-609.04) do not have any job tenure or protection. After 1 year of average or above average performance as determined under subchapter XIII-A of this chapter, persons appointed under the authority of this subchapter shall be entitled to a notice of at least 15 days when termination is contemplated, which may state the reason therefor. The employee does not have any right to appeal the termination. All other provisions of this chapter apply to Excepted Service employees: Except, that persons employed by the Council of the District of Columbia by personnel authorities identified in § 1-604.06(b)(3)(B) may have their employment relationship terminated by the member or chairperson of a committee of the Council of the District of Columbia employing them, or the Chairman of the Council pursuant to § 1-604.06(c), without further review by way of grievance or adverse action administrative appeals.
(Mar. 3, 1979, D.C. Law 2-139, § 905, 25 DCR 5740; June 11, 1981, D.C. Law 4-7, § 4, 28 DCR 1672; Apr. 12, 2000. D.C. Law 13-91, § 103(k), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(c), 49 DCR 8140; Oct. 17, 2022, D.C. Act 24-585, § 2(b), 69 DCR 012721.)
1981 Ed., § 1-610.5.
1973 Ed., § 1-339.5.
This section is referenced in § 1-608.56.
D.C. Law 13-91, in the second sentence, substituted “subchapter XIV-A” for “subchapter XV”.
D.C. Law 14-213 substituted “termination is contemplated, which may state the reason therefor” for “termination of service prior to the expiration date of appointment is contemplated, explaining the reason therefor”.
For temporary (90 days) amendment of this section, see § 2(b) of Council Vaccination Policy Enforcement Emergency Amendment Act of 2022 (D.C. Act 24-585, Oct. 17, 2022, 69 DCR 012721).
For temporary (90 days) amendment of this section, see § 4 of Tenant Safe Harbor Emergency Amendment Act of 2021 (D.C. Act 24-231, Dec. 13, 2021, 68 DCR 013238).
For temporary (225 days) amendment of this section, see § 4 of Tenant Safe Harbor Temporary Amendment Act of 2021 (D.C. Law 24-75, Feb. 24, 2022, 69 DCR 000190).
For temporary (225 days) amendment of this section, see § 2(b) of Council Vaccination Policy Enforcement Temporary Amendment Act of 2021 (D.C. Law 24-65, Feb. 18, 2022, 68 DCR 013509).

Structure District of Columbia Code