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The DC Code: § 38-802 Powers of Board.

Index38 Educational Institutions. (Refs & Annos)

For carrying out the purposes of this chapter, the Board is empowered:

1
To establish in the Department of Food Services an Office of Central Management consisting of a Director and assistant directors of Food Services, whose compensation shall be fixed in accordance with the District of Columbia Teachers' Salary Act of 1955, as amended;
2
To make and enforce such rules and regulations as it deems necessary for the government of the Department of Food Services and for the use and enjoyment of the facilities and services of such department;
3
Upon the written recommendation of the Superintendent of Schools, to employ such personnel as may be required to manage cafeterias, lunchrooms, and related services and to conduct the Office of Central Management;
4
Upon the written recommendation of the Superintendent of Schools, to employ on a full-time or part-time basis such personnel as may be required for the operation and maintenance of food services. The Mayor of the District of Columbia shall fix and adjust, from time to time, the rates of pay of such personnel in accordance with the rates of pay of personnel in positions of similar levels of duties, responsibilities, and qualification requirements, as determined by the Mayor, and with respect to part-time employees without regard to prohibitions or limitations relating to dual compensation as contained in any act of Congress. Persons employed under the provisions of this paragraph shall be entitled to compensation for all time when and as they perform service, and, in addition thereto, shall be entitled to compensation for such holidays as fall within a regular tour of duty of not less than 5 days in any established workweek. Persons employed under this paragraph shall not be entitled, by reason of such service, to vacation or annual leave with pay. Notwithstanding the provisions of any other law, such persons shall be entitled to sick leave with pay, to be cumulative at the rate of 1 day a month, September to June, inclusive, of each year, the total cumulation not to exceed 30 days, to be granted under such conditions as the Board may by regulation prescribe; provided, that as to part-time employees such leave shall be prorated on an hourly basis. The days of sick leave with pay provided for in this section shall mean days on which employees would otherwise work and receive pay and shall be exclusive of Saturdays, Sundays, holidays, and vacation periods authorized by the Board; and
5
Upon the written recommendation of the Superintendent of Schools, to accept for the benefit of the program of food services gifts of money and of personal property.

Historical and Statutory

Prior Codifications 1981 Ed., § 31-802. 1973 Ed., § 31-1402. Legislative History of Laws Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review. Law 3-70 was introduced in Council and assigned Bill No. 3-197, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 18, 1980 and April 1, 1980, respectively. Signed by the Mayor on April 25, 1980, it was assigned Act No. 3-176 and transmitted to both Houses of Congress for its review. References in Text "The District of Columbia Teachers' Salary Act of 1955 as amended," referred to in paragraph (1) of this section, refers to the Act of August 5, 1955, 69 Stat. 521, ch. 569. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. DC CODE § 38-802 Current through December 11, 2012

Credits

(Oct. 8, 1951, 65 Stat. 367, ch. 448, title I, § 2; Oct. 25, 1968, 82 Stat. 1363, Pub. L. 90-640, § 1; Mar. 3, 1979, D.C. Law 2-139, § 3204(c), 25 DCR 5740; June 14, 1980, D.C. Law 3-70, § 7(k)(1), 27 DCR 1776.)