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District of Columbia Code Division I. Government of District. § 1-515.04. Proof of District residency and enforcement.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a)(1) A personnel authority shall verify District residency at the times described in paragraphs (2) and (3) of this subsection by requiring the individual to present:

(A) Physical proof that the individual possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles; and

(B) Proof that the District government will deduct and withhold District income tax from the individual's wages pursuant to § 47-1812.08 for the purpose of the District government position the individual holds or for which the individual applied.

(2) For individuals appointed to a position covered by § 1-515.02(a)(1) after claiming the residency hiring preference provided in § 1-515.02(a)(2), the personnel authority shall verify District residency at the time of appointment.

(3) For individuals appointed to a position covered by § 1-515.03(a) or other law requiring District residency, the personnel authority shall verify District residency no later than 180 days after appointment.

(b) The Mayor shall verify compliance with the District residency requirements of this subchapter, Chapter 6 of this title, and other relevant District laws on at least an annual basis for all subordinate and independent agency employees to whom such requirements apply by:

(1) Determining that:

(A) The employee possesses a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles through data accessed pursuant to subsection (d) of this section; and

(B) The District government deducts and withholds District income tax from the employee's wages pursuant to § 47-1812.08 for the purpose of the District government position held by the employee; and

(2) Conducting audits, periodically, as determined by the Mayor, which:

(A) Shall include:

(i) At least 20% of employees randomly selected within subordinate agencies; and

(ii) All employees within at least 3 randomly selected independent agencies; and

(B) May include requiring employees to present physical documentation of District residency and checking residency against District electronic records.

(c) If an individual subject to a residency requirement does not possess a valid non-expired driver's license or non-driver identification issued by the Department of Motor Vehicles at the time of verification, the individual shall provide other proof of residency as determined by the relevant personnel authority.

(d) For the purpose of verifying employee residency pursuant to this section, the director of the Department of Human Resources shall have sufficient access, as determined by the Mayor, to the electronic databases of the Department of Motor Vehicles to facilitate automated verification of driver licenses and non-driver identifications.

(e)(1) If the Mayor finds that an employee in a subordinate agency has failed to maintain the required residency, the Mayor shall remove the employee from his or her position.

(2)(A) If the Mayor finds that an employee in an independent agency has failed to maintain the required residency, the Mayor shall forward the finding to the corresponding personnel authority, which shall investigate and make a determination of whether the employee is a District resident.

(B) If the employee is determined not to be a District resident, the personnel authority shall remove the employee from the employee's position in accordance with rules adopted by the relevant personnel authority.

(f)(1) Before a personnel authority may remove an employee for failing to maintain District residency pursuant to the requirements of this subchapter, Chapter 6 of this title, or other relevant District law, the employee shall receive notice of the removal decision and an opportunity to appeal the decision pursuant to rules adopted by the relevant personnel authority.

(2) The Mayor shall establish the notice and appeal procedure required by this subsection for all subordinate agencies.

(g) The Council shall adopt rules for annually verifying employee compliance with the District residency requirements of this subchapter, Chapter 6 of this title, and other relevant District laws.

(h) A personnel authority may adopt additional procedures, consistent with the requirements of this section, for verifying employee residency.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 1-515.04. Proof of District residency and enforcement. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-1-515-04/

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