Page:United States Statutes at Large Volume 111 Part 1.djvu/757

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 733 (B) APPOINTMENT BY AUTHORITY IF NO NOMINATION MADE WITHIN 30 DAYS.— During a control year, if the Mayor fails to nominate an individual to fill a vacancy in the position of the head of any of the departments described in section 11102(b)(1) during the 30-day period which begins on the date the vacancy begins (or during such longer period as the Authority may establish, upon notification to Congress), the Authority shall appoint an individual to fill the vacancy. (C) POSITIONS DEEMED VACANT UPON ENACTMENT. — For purposes of this paragraph, a vacancy shall be deemed to exist in the position of the head of each of the departments described in section 11102(b)(1) upon the date of the enactment of this Act. Nothing in this subparagraph shall be deemed to affect any of the powers and duties of any individual serving as the head of such a department as of such date. (2) REMOVAL.—During a control year, the head of any of the departments of the government of the District of Columbia described in section 11102(b)(1) may be removed by the Authority or by the Mayor with the approval of the Authority. (3) CONTROL YEAR DEFINED.— In this subsection, the term "control year" has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (b) CONTROL OVER PERSONNEL. — (1) IN GENERAL. —Notwithstanding any other provision of law and except as provided in paragraph (3), all personnel of the departments of the government of the District of Columbia described in section 11102(b)(1) shall be appointed by and shall act under the direction and control of the head of the department involved. (2) REASSIGNMENT OF PERSONNEL. —The head of each of the departments described in section 11102(b)(1) may reassign any personnel of the department in such manner as the head considers appropriate. (3) REQUIREMENTS FOR ADVERSE ACTIONS.— The head of each of the departments described in section 11102(b)(1) may take corrective or adverse action against any personnel of the department pursuant to rules (promulgated consistent with the publication and comment provisions of the District of Columbia Administrative Procedure Act) which— (A) provide that adverse actions may only be taken for cause; (B) define the causes for which a corrective or adverse action may be taken; (C) require prior written notice of the grounds on which the action is proposed to be taken; (D) require an opportunity to be heard (which may be in writing only) before the action becomes effective, unless the head of the department finds that taking action prior to the exercise of such opportunity is necessary to protect the integrity of government operations, in which case a hearing shall be afforded within a reasonable time after the action becomes effective; and (E) provide that the head of the department shall be the final administrative authority with respect to the

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