The DC Code: § 1-606.06 Mediation and settlement.

a

The Office shall develop a mediation program. Matters involving the following adverse actions shall undergo mediation through the program:

1

The removal;

2

The reduction in grade;

3

The suspension of 10 days or more;

4

The placement on enforced leave lasting 10 days or more; and

5

Any other appeal the Hearing Examiner considers appropriate for mediation.

b

Settlement of the dispute may be raised by the Hearing Examiner with the parties at any time. If the parties agree to a settlement without a decision on the merits of the case, a settlement agreement, prepared and signed by all parties, shall constitute the final and binding resolution of the appeal, and the Hearing Examiner shall dismiss the appeal with prejudice.

Historical and Statutory

Prior Codifications 1981 Ed., § 1-606.6. Effect of Amendments D.C. Law 19-21 rewrote subsec. (a), which had read as follows: "(a) The Office may, in its discretion, develop a mediation program." Legislative History of Laws Law 8-127 was introduced in Council and assigned Bill No. 8-482, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 13, 1990, and February 27, 1990, respectively. Signed by the Mayor on March 15, 1990, it was assigned Act No. 8-180 and transmitted to both Houses of Congress for its review. For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01. For history of Law 19-21, see notes under § 1-301.01. Miscellaneous Notes Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12- 124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: "Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12- 124; 45 DCR 2464) are enacted into law." Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2861-596, provided that "Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law." Short title: Section 1041 of D.C. Law 19-21 provided that subtitle D of title I of the act may be cited as "Office of Employee Appeals Mandatory Mediation Amendment Act of 2011". DC CODE § 1-606.06 Current through December 11, 2012

Credits

(Mar. 3, 1979, D.C. Law 2-139, § 605, as added May 15, 1990, D.C. Law 8- 127, § 2(e), 37 DCR 2093; June 10, 1998, D.C. Law 12-124, § 101(d)(3), 45 DCR 2464; Sept. 14, 2011, D.C. Law 19-21, § 1042, 58 DCR 6226.)