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DRAFTMEMORANDUM OF AGREEMENTIt is hereby understood and agreed between Anthony A. Williams, Mayor of the District of Columbia (the "Mayor"), and the Members of the District of Columbia Financial Responsibility and Management Assistance Authority (the "Authority"), that: 1. AUTHORITY ORDER. — This Memorandum of Agreement shall be incorporated into an Order of the Authority and shall supersede the Authority's Order of August 5, 1997, a copy of which is attached hereto. 2. ROLE OF THE MAYOR IN OVERSIGHT OF EXECUTIVE BRANCH. (a) The Mayor shall be responsible for day-to-day supervision, direction, control, and management of all executive branch departments, agencies, boards, commissions, offices, and other entities of the District government and their personnel. The Authority shall not be responsible for day-to-day supervision, direction, control or management of any executive branch departments, agencies, boards, commissions, offices and other entities of the District government or their personnel; (b) The Mayor shall also have the responsibility for programmatic and policy matters for all executive branch departments, agencies, boards, commissions, offices and other entities of the District government, subject to any orders, rules, or regulations adopted by the Authority in accordance with Section 207(d) of Public Law 104-8 or any other applicable provision of law. 3. ROLE OF THE CHIEF MANAGEMENT OFFICER ("CMO"). (a) The CMO shall provide advice and assistance to the Mayor in the discharge of his duties. The CMO shall report to the Mayor. (b) The executive branch departments, agencies, boards, commissions, offices, and other entities of the District government and their personnel (except as set forth in the next sentence) shall report to the Mayor through the CMO. The Metropolitan Police Department, the Office of Corporation Counsel, and the agencies on Schedule A shall report directly to the Mayor or his designee. The CMO shall have the responsibility for the implementation of programs and policies and day-to-day operations, as directed by the Mayor. (c) Performance contracts of employees of executive branch departments, agencies, boards, commissions, offices, and other entities of the District government shall be approved by the Mayor in consultation with the CMO and the head of the executive branch department, agency, board, commission, office, or other entity. Performance contracts of heads of executive branch departments, agencies, boards, commissions, offices, or other entities shall be approved by the Mayor in consultation with the CMO and the Authority. (d) The Mayor shall delegate the existing authority of the City Administrator to the CMO. The Mayor shall not fill the current vacancy in the office of the City Administrator. The staff of the City Administrator shall report to the Mayor through the CMO. The Authority shall be notified by the Mayor of other delegations of authority. 4. ROLE OF AUTHORITY. The Authority shall retain its responsibility for the performance of all duties and the exercise of all powers conferred on it by Public Law 104-8 and any other provision of law, including but not limited to the District of Columbia Management Reform Act of 1997. 5. MEETINGS OF AUTHORITY. The Mayor, the CMO, and the Chief Financial Officer of the District of Columbia ("the CFO") shall be invited to attend meetings of the Authority in a non-voting capacity. 6. REVOCATION. This Memorandum of Agreement shall be revocable by either party on 30 days' written notice to the other party. January 2, 1999 Anthony A. Williams Dr. Alice M. Rivlin Ms. Constance B. Newman Mr. Eugene Kinlow Dr. Darius Mans Robert P. Watkins, Esquire DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY ("Authority") ORDER WHEREAS, Section 11105(a)(1)(c) of the National Capital Revitalization and Self-Government Improvement Act of 1997 ("the Act") declares that, on the date of enactment of the Act, a vacancy shall be deemed to exist in the position of the head of each of the following departments of the District government:
WHEREAS, the Act has now been enacted; WHEREAS, Section I I 1 05(a) of the Act provides a procedure for the appointment of heads of each such department of the District government, including a requirement for the approval of the Authority; WHEREAS, it is necessary and desirable for each such department to have an acting head during the interim period before appointment of the head, with the full powers and duties of the position of the head; NOW THEREFORE IT IS ORDERED, pursuant to the Act and Public Law 104-8, as amended by Public l Law 104-134, Public Law 104-194. and Public 1 Law 104-8 that: 1. Upon the recommendation of the Mayor, the following persons are appointed effective immediately as acting heads of the aforesaid departments with the full powers and duties of the office of head of the department to which they are hereby appointed:
2. Each acting head and each head of the aforesaid departments when hereafter appointed in accordance with Section 11105(a) of the Act shall report to the Authority and act under the direction and subject to the instructions of the Chair of the Authority with respect to the exercise of all the powers and the performance of all the duties of the office. 3. Excepted Service positions in the aforesaid departments and the persons presently occupying them, shall not be transferred to any other department or agency of the District government without the approval of the Authority. 4. The following persons are hereby appointed effective immediately for purpose of assisting in the development and implementation of management reform plans for the entire District government for the following items enumerated in Section 11102(b)(2) of the Act:
5. Each person appointed pursuant to paragraph 4 hereof shall report to the Authority and act under the direction and subject to the instructions of the Chair of the Authority with respect to the exercise of all the powers and the performance of all the duties of the office. 6. All Mayor's orders and administrative issuances applicable to the aforesaid departments, and to the functions enumerated in Paragraph 4 as well as the function of Information Resources Management, must be approved by the Authority prior to issuance. 7. The attached Management Charge is adopted, incorporated herein and ssued as an Order of the Authority. 8. From time to time the Authority will issue Management Directives which will constitute Orders of the Authority. 9. This Order is effective immediately. Dated: August 5, 1997 Andrew F. Brimmer, Chairman Schedule A Office of the Mayor |
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