Title 6 DCMR — PERSONNEL

6-A POLICE PERSONNEL

6-A1 ORGANIZATION OF THE METROPOLITAN POLICE DEPARTMENT

6-A DCMR § 100 DISTRICTS

100.1 The Police Patrol Division shall consist of seven (7) districts, composed of station houses maintained as police facilities open to provide services to the public.

100.2 No existing precinct station house shall be closed to the public except upon approval of the Council of the District of Columbia.

History

• AUTHORITY: Unless otherwise indicated, the authority for provisions in this chapter is an Act approved February 28, 1901, as amended by an Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of 1967, D.C. Official Code, Title 1 Appendix at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972). EDITOR’S NOTE: Change in government - The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 111, D.C. Official Code § 1-211 (1981), abolished the District of Columbia Council. The functions of the District of Columbia Council were transferred to the Council of the District of Columbia by § 404 of that Act. Accordingly, appropriate changes in terminology were made in this section.

6-A DCMR § 101 HARBOR JURISDICTION

101.1 The harbor jurisdiction shall be under the command of an official of the Metropolitan Police Force.

101.2 The harbor commander shall be held responsible for enforcing the laws and regulations relating to the harbors and rivers within the District of Columbia, and in the conduct of that office, shall be subject to the rules for the guidance of commanders insofar as those rules are applicable.

101.3 The harbor commander, while on duty, shall devote his or her entire time and attention to the preservation of life and property, the maintenance of peace and order, and the proper regulation, according to law, of any and all vessels, of whatsoever character and kind, on the Potomac River and its navigable tributaries within the jurisdiction of the District of Columbia.

101.4 The harbor commander shall require observance of the laws and regulations applying to the wharves and places adjacent thereto and shall see that they are kept free from nuisances, improper encroachments or obstructions, and anything dangerous to life and limb.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 102 RESERVED

6-A DCMR § 103 PERSONNEL

103.1 The Metropolitan Police Force of the District of Columbia shall consist of one (1) chief of police and any number of assistant chiefs, deputy chiefs, inspectors, captains, lieutenants, sergeants, investigators, technicians, and privates as Congress may from time to time authorize.

103.2 Officers assigned as station clerks shall be designated as desk sergeants while so assigned and shall be obeyed and respected as sergeants of the force, but shall be subordinate to sergeants promoted in accordance with District government merit system regulations. When on active duty and during absence of other superior officers, they shall be in charge of the station.

103.3 A station clerk shall be discreet and courteous and shall call the attention of his or her superior to any matters requiring special attention.

103.4 A station clerk shall be held responsible for money received as bond or collateral, property taken from prisoners, either as evidence of crime or for safekeeping, and for any other money or valuables entrusted to that station clerk by virtue of that official position and he or she shall see that all property which should be forwarded to the property clerk is forwarded to that official in conformity with law and department orders.

103.5 It shall be a requisite to permanent assignment as a station clerk that he or she be bonded in compliance with existing law.

103.6 When prisoners show evidence of injury, the station clerk shall immediately advise the officer then in command, who shall institute a prompt and thorough investigation to ascertain how the injury was sustained, and if necessary, submit a complete report to the commanding officer with recommendation.

103.7 The civilian employees of the Metropolitan Police Department shall consist of any number of positions as Congress may from time to time authorize.

103.8 REPEALED

103.9 REPEALED

103.10 No former member of the Metropolitan Police Department who has resigned shall be eligible for reinstatement as a member of the Department unless he or she shall meet the requirements of §103.8, except the height requirement regarding female officers as contained in §103.8(c); Provided, that an applicant for reinstatement may be examined and appointed if he or she has not passed his or her thirty-fifth (35th) birthday at the time of appointment.

103.11 Former members requesting reinstatement pursuant to §103.10 shall not be required to take the mental test specified by §103.8(f).

103.12 All requests for reinstatement pursuant to §103.10 shall be made in writing to the Chief of Police.

103.13 REPEALED

103.14 REPEALED

103.15 REPEALED

103.16 REPEALED

103.17 REPEALED

103.18 REPEALED

103.19 REPEALED

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972); Commissioner's Order No. 72-15, issued January 14, 1972, 18 DCR 492 (March 20, 1972); Regulation No. 73-14, approved June 14, 1973, 19 DCR 1175 (June 25, 1973); D.C. Law 2-71, effective April 18, 978, 24 DCR 6856 (February 17, 1978); D.C. Law 3-32, effective October 18, 1979, 26 DCR 778 (August 17, 1979); and D.C. Law 3-42, effective December 21, 1979, 26 DCR 2082 (November 9,1979); and D.C. Law 6-197, 34 DCR 513 (January 23, 1987).and further amended by(An Act) effective October 04, 2000, Omnibus Police Reform Amendment Act of 2000, D.C. Law 13-160, published at 47 DCR 4619 (June 2, 2000). EDITOR’S NOTE: In light of § 422 of the District of Columbia Self-Government and Governmental Reorganization Act, P.L. 93-198, 87 Stat. 774, references to the "United States Civil Service Commission" have been replaced by references to the "District government merit system," the "D.C. Office of Personnel" or by "Department as appropriate. See §§ 103.2, 103.8(1), 103.13.
• AUTHORITY: The authority unless otherwise indicated for repealed and revised provisions in this section is the Omnibus Police Reform Amendment Act of 2000, D.C. Law 13-160, title 2, § 206 amends § 1:3 of the Metropolitan Police Department Manual, issued January 14, 1972.

6-A DCMR § 104 LEAVE OF ABSENCE

104.1 Each of the members of the Metropolitan Police Force shall be entitled to any leave of absence with pay, which includes annual leave, sick leave, compensatory leave, and holiday leave, as Congress shall from time to time provide.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 105 ESTABLISHMENT OF TEMPORARY CAREER SERVICE POSITION OF "SENIOR POLICE OFFICER"

105.1 Pursuant to D.C. Law 9-163, the Retired Police Officer Redeployment Amendment Act of 1992 (hereafter "Redeployment Act"), D.C. Official Code § 4-618.1, there is hereby established within the Metropolitan Police Department the temporary full-time or part-time position of "Senior Police Officer" subject to the rules of the Career Service of the District of Columbia Government except as specified in these rules or otherwise required by law or regulation.

105.2 Except for disability annuitants, police officers who have retired in good standing from the Metropolitan Police Department of the District of Columbia shall be eligible for rehire to the position of Senior Police Officer at the discretion of the Chief of Police.

105.3 A retired police officer rehired under these rules shall not incur annuitant liability for salary earned from the District of Columbia Government nor jeopardize his/her retirement benefits.

105.4 Service as a Senior Police Officer shall not count as creditable service for the purposes of D.C. Official Code § 4-610 or have any negative impact on the unfunded liability of the D.C. Police Officers and Fire Fighters' Retirement Fund.

105.5 Senior Police Officers shall exercise full police powers including, but not limited to, the authority to carry a firearm.

105.6 A Senior Police Officer shall be equivalent in rank to an Officer.

History

• SOURCE: Final Rulemaking published at 40 DCR 249 (January 21, 1994).

6-A DCMR § 106 ELIGIBILITY FOR EMPLOYMENT

106.1 A former police officer shall have been retired for at least six (6) months and less than five (5) years at the time of application in order to be eligible for appointment to the position of Senior Police Officer.

106.2 Police officers retired at any rank shall be eligible for appointment to the position of Senior Police Officer.

106.3 Candidates for the position of Senior Police Officer shall live within twenty-five miles of the U.S. Capitol at the time of appointment.

106.4 All candidates shall meet appropriate physical, psychological and psychiatric standards of the department.

106.5 All candidates shall be subject to a thorough drug screening and shall have a valid driver's license.

106.6 All candidates shall be subject to an updated background investigation and a review of their past employment record by the MPD Suitability Board.

106.7 Qualified candidates may be placed on a register for prospective employment.

106.8 In the best interest of the department and when circumstances warrant, the Chief of Police may, in his discretion, waive or vary the application of any of these rules not otherwise required by law or regulation.

History

• SOURCE: Final Rulemaking published at 40 DCR 249 (January 21, 1994).

6-A DCMR § 107 SALARY ENTITLEMENTS AND LIMITATIONS

107.1 Senior Police Officers shall be paid at the first step of the current Class 1 (Private) schedule.

107.2 Senior Police Officers shall be entitled to shift differentials, overtime pay, holiday pay and other leave benefits on the same terms as other members of the uniformed force.

107.3 Senior Police Officers shall not be entitled to longevity pay or Base Retention Differential (BRD) pay.

History

• SOURCE: Final Rulemaking published at 40 DCR 249 (January 21, 1994).

6-A DCMR § 108 TERMS AND CONDITIONS

108.1 All Senior Police Officer appointments shall be for a term of thirteen (13) months, renewable for subsequent terms upon 60 days notice; provided that no term or extended term shall continue beyond October 1, 1997.

108.2 Senior Police Officers shall serve a probationary period of six months or the equivalent, e.g., part-time employees will receive credit only for actual time worked.

108.3 Previous seniority and newly accrued seniority shall be considered when choice of assignments is between Senior Police Officers, but shall be of no weight as against permanent members of the force.

108.4 Senior Police Officers hired on a part-time temporary status shall have no seniority rights except as against fellow part-time Senior Police Officers able to work the same hours and are equally qualified.

108.5 Prior service shall be counted for purposes of determining rate of accrual of sick leave or annual leave.

108.6 All assignments of Senior Police Officers are at the full discretion of the Chief of Police in keeping with the purpose and intent of the Redeployment Act.

108.7 The first priority to be observed in the assignment of Senior Police Officers is for field (patrol service) and to assist in the training and mentoring of new officers.

108.8 When a critical need has been determined by the Chief of Police, Senior Police Officers may be assigned to technical or special skill positions in accordance with the terms of the Collective Bargaining Agreement.

108.9 Part-time employment is defined, for the purposes of these rules, as the availability of an employee to work an established work week of either a minimum of three 8-hour shifts (24 hours total) or a minimum of five 4-hour shifts (20 hours total).

108.10 Senior Police Officers working as part-time employees shall accrue sick leave or annual leave on a pro-rata basis.

108.11 Senior Police Officers shall not be entitled to promotions or step increases.

108.12 Senior Police Officers shall be subject to such training as deemed necessary by the Chief of Police to prepare them for appropriate duties and functions in keeping with the purpose and intent of the Redeployment Act and these rules.

108.13 Senior Police Officers shall be subject to the same disciplinary standards as other members of the force.

108.14 Senior Police Officers shall not be detailed to any agency of the District of Columbia government other than the Metropolitan Police Department.

History

• SOURCE: Final Rulemaking published at 40 DCR 249 (January 21, 1994).

6-A DCMR § 109 COLLECTIVE BARGAINING RIGHTS

109.1 Senior Police Officers shall be considered as members of the same bargaining unit as other police privates except that, as temporary employees, they shall not be entitled to any rights and/or privileges that exceed or are in conflict with the provisions of the Comprehensive Merit Personnel Act, the Redeployment Act, these rules, or any other applicable rules of the D.C. Office of Personnel governing temporary full-time or part-time workers.

History

• SOURCE: Final Rulemaking published at 40 DCR 249 (January 21, 1994).

6-A DCMR § 110 OTHER BENEFITS AND SERVICES

110.1 Rehired members shall not earn or become entitled to additional benefits of any kind under the Police and Firefighters Disability Act, D.C. Official Code § 4-601 et seq., as a result of their employment as Senior Police Officers.

110.2 Senior Police Officers shall be subject to Social Security deductions under the Federal Insurance Contributions Act (FICA).

110.3 Rehired members injured in the line of duty will be subject to Workers Compensation pursuant to D.C. Official Code § 1-624.1 et seq.

110.4 Survivor(s) of a rehired member who dies in the line of duty shall not be entitled to the lump sum payment provided pursuant to D.C. Official Code § 4-622.

110.5 Rehired members shall not be entitled to accrue non-P.O.D. or P.O.D. disability benefits under either D.C. Official Code §§ 4-615 or 4-616.

110.6 Senior Police Officers shall receive the same treatments and services from the Board of Police and Fire Surgeons and the Medical Services Division as permanent members.

110.7 Senior Police Officers shall be entitled to health and other similar benefits on the same basis as permanent employees in the Career Service.

History

• AUTHORITY: Unless otherwise provided, the authority for sections 105 through 110 is pursuant to An Act, effective September 29, 1992, “Retired Police Officer Redeployment Amendment Act” of 1992, D.C. Law 9-163 and An Act, effective March 31, 1993, “Retired Police Officer Annuitant Salary and Deployment Clarification Temporary Amendment Act” of 1992, D.C. Law 9-265 (D.C. Official Code § 5-761) (2001).
• SOURCE: Final Rulemaking published at 40 DCR 249, (January 21, 1994). EDITOR’S NOTE I: Law 9-163, the "Retired Police Officer Redeployment Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-498, which was referred to the Committee on Government Operations and reassigned to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9-258 and transmitted to both Houses of Congress for its review. D.C. Law 9-163 became effective on September 29, 1992. EDITOR’S NOTE II: D.C. Law 9-265 the "Retired Police Officer Annuitant Salary and Deployment Clarification Temporary Amendment Act of 1992”," was introduced in Council and assigned Bill No. 9-751. The Bill was adopted on first and second readings on December 15, 1992, and January 5, 1993, respectively, and was vetoed by the Mayor on January 26, 1993. Council overrode the veto on February 2, 1993, and the Bill was assigned Act No. 9-413 and transmitted to both Houses of Congress for its review. D.C. Law 9-265 became effective on March 31, 1993.

6-A DCMR § 111 ESTABLISHMENT OF TEMPORARY EXCEPTED SERVICE POSITION OF "DETECTIVE ADVISER"

111.1 Pursuant to the Detective Adviser Act of 2004 (Detective Advisor Act), effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-129.31), there is hereby established within the Metropolitan Police Department the temporary full-time or part-time position of "Detective Adviser" subject to the rules of the Excepted Service of the District of Columbia Government, except as specified in these rules or otherwise required by law or regulation.

111.2 Except for disability annuitants, members who, regardless of rank, served in an investigative unit with the Metropolitan Police Department and who have retired in good standing from the Metropolitan Police Department shall be eligible for rehire to the position of Detective Adviser at the discretion of the Chief of Police.

111.3 A retired police officer rehired under these rules shall not incur annuitant liability for salary earned from the District of Columbia Government, nor jeopardize his/her retirement benefits.

111.4 Service as a Detective Adviser shall not count as creditable service for the purposes of section 12(c) of An Act Making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirteenth, nineteen hundred and seventeen, and for other purposes (Police and Firemen's Retirement and Disability Act), approved September 1, 1916 (39 Stat. 718; D.C. Official Code § 5-704) or have any negative impact on the unfunded liability of the D.C. Police Officers and Fire Fighters' Retirement Fund.

111.5 Detective Advisers shall have no police powers.

111.6 If authorized by and qualified under § 3(a) of the Law Enforcement Officers Safety Act of 2004, approved July 22, 2004 (118 Stat. 865; 18 U.S.C. § 926(c)), a Detective Adviser may, at the discretion of the Chief of Police, carry a concealed firearm in accordance with Department guidelines.

111.7 A Detective Adviser shall be equivalent in rank to a Detective Grade L.

History

• SOURCE: Final Rulemaking published at 53 DCR 841(February 10, 2006).

6-A DCMR § 112 ELIGIBILITY FOR EMPLOYMENT

112.1 A former police officer shall have been retired for at least six (6) months and less than five (5) years at the time of application in order to be eligible for appointment to the position of Detective Adviser.

112.2 All candidates shall meet appropriate physical, psychological and psychiatric standards for civilian employees.

112.3 All candidates shall be subject to a thorough drug screening and shall have a valid driver's license.

112.4 All candidates shall be subject to an updated background investigation and a review of their past employment record by the Chief of Police or designee.

112.5 The Chief of Police, or designee, shall consider an applicant’s disciplinary history and past job performance with the Metropolitan Police Department.

112.6 Qualified candidates may be placed on a register for prospective employment.

112.7 In the best interest of the department and when circumstances warrant, the Chief of Police may, at his discretion, waive or vary the application of any of these rules not otherwise required by law or regulation.

History

• SOURCE: Final Rulemaking published at 53 DCR 842 (February 10, 2006).

6-A DCMR § 113 SALARY ENTITLEMENTS AND LIMITATIONS

113.1 Detective Advisers shall be paid at the fifth step of the current Class 3 (Detective) schedule.

113.2 Detective Advisers shall be entitled to shift differentials, overtime pay, holiday pay and other leave benefits on the same terms as other accepted service civilian employees.

113.3 Detective Advisers shall not be entitled to longevity pay of Base Retention Differential (BRD) pay.

History

• SOURCE: Final Rulemaking published at 53 DCR 842-843 (February 10, 2006).

6-A DCMR § 114 TERMS AND CONDITIONS

114.1 All Detective Adviser appointment shall be for a term of thirteen (13) months, renewable for subsequent terms upon 60 days notice.

114.2 Prior service shall be counted for purposes of determining the rate of accrual of sick leave or annual leave.

114.3 All assignments of Detective Advisers are at the full discretion of the Chief of Police in keeping with the purpose and intent of the Detective Adviser Act.

114.4 The first priority to be observed in the assignment of Detective Advisers is for investigative services and to assist in the training and mentoring of new detectives.

114.5 Part-time employment is defined as, for the purposed of these rules, as the availability of an employee to work an established work week of either a minimum of three 8-hour shifts (24 hours total) or a minimum of five 4-hour shifts (20 hours total).

114.6 Detective Advisers working as part-time employees shall accrue sick leave or annual leave on a pro-rata basis.

114.7 Detective Advisers shall not be entitled to promotions or step increases.

114.8 Detective Advisers shall be subject to such training as deemed necessary but the Chief of Police to prepare them for appropriate duties and functions in keeping with the purpose and intent of the Detective Adviser Act and these rules.

114.9 Detective Adviser shall be subject to the same disciplinary standards as other civilian excepted service employers.

114.10 Detective Advisers shall not be detailed to any agency of the District of Columbia government other then the Metropolitan Police Department.

History

• SOURCE: Final Rulemaking published at 53 DCR 843(February 10, 2006).

6-A DCMR § 115 COLLECTIVE BARGAINING RIGHTS

115.1 As excepted service employees, Detective Advisers shall have no collective bargaining rights.

115.2 Detective Advisers, as temporary excepted service employees, shall not be entitled to any rights and/or privileges that exceed or are in conflict with the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (DCGCMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 (2001) et seq.) the Detective Adviser Act, these rules, or any other applicable rules of the D.C. Office of Personnel governing temporary full-time or part-time workers.

History

• SOURCE: Final Rulemaking published at 53 DCR 843(February 10, 2006).

6-A DCMR § 116 OTHER BENEFITS AND SERVICES

116.1 Detective Advisers shall not earn or become entitled. to additional benefits of any kind under the various provisions of the Police and Firefighters Retirement and Disability Act, as codified at D.C. Official Code § 5-741 et seq., as a result of their employment as Detective Advisers.

116.2 Detective Advisers shall be subject to Social Security deductions under the Federal Insurance Contributions Act of 1954, 26 U.S.C. 3101 et seq. (FICA).

116.3 Detective Advisers injured as a result of or in the course of their employment will be subject to Disability Compensation pursuant to section 2301 et seq. of the DCGCMPA D.C. Official Code § 1-623.01 et seq.

116.4 Survivor(s) of a Detective Adviser who dies as a result of or in the course of their employment shall not be entitled to the lump sum payment provided pursuant to section 12(k) of the Police and Firefighters Retirement and Disability Act, D.C. Official Code § 5-716.

116.5 Detective Advisers shall not be entitled to accrue non-performance-of-duty or Performance of Duty disability benefits under either sections 12(t) or 12(g) of the Police and Firefighters Retirement and Disability Act, D.C. Official Code or § 5-709 (2001).

116.6 Detective Advisers shall not receive treatments and services from the Police and Fire Clinic and the Medical Services Division.

116.7 Detective Advisers shall be entitled to health and other similar benefits on the same basis as permanent employees in the Excepted Service.

History

• AUTHORITY: Unless otherwise indicated, the authorities for the amendments of sections 111 through 116 are pursuant to section 1102(f) of the Detective Adviser Act of 2004 (Act), effective September 30, 2004 (D.C. Law 15-594, D.C. Official Code § 5-129.31 (f) (March 2005 Supp.)), and Mayor’s Order 05-99, dated June 14, 2005. EDITOR’S NOTE: Law 15-194, the "Omnibus Public Safety Agency Reform Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-32, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on April 6, 2004, and June 1, 2004, respectively. Signed by the Mayor on June 24, 2004, it was assigned Act No. 15-463 and transmitted to both Houses of Congress for its review. D.C. Law 15-194 became effective on September 30, 2004. Pursuant to subsection (d), this section expired 2 years after September 30, 2004.
• SOURCE: Final Rulemaking published at 53 DCR 843 (February 10, 2006).

6-A DCMR § 117 SHIFT DIFFERENTIAL

117.1 Captains and Lieutenants may receive pay at their scheduled rate plus a differential of three percent (3%) for regularly scheduled non-overtime work when the majority of their work hours occur between 3 p.m. and midnight; four percent (4%) of their scheduled rate if the majority of their work hours occur between 11 p.m. and 8 a.m.

History

• SOURCE: Final Rulemaking published at 62 DCR 2775 (March 6, 2015). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 117

6-A2 GENERAL RULES

6-A DCMR § 200 PERFORMANCE OF DUTIES

200.1 It shall be the duty of each member of the force to thoroughly familiarize himself or herself with the Metropolitan Police Manual by the time he or she completes recruit training school.

200.2 Notwithstanding the assignment of specific duties and responsibilities to members of the Metropolitan Police Force by the provisions of the Metropolitan Police Manual, all members of the force shall perform all other duties as may be required of them by competent authority. Policewomen shall, according to rank be governed by the rules laid down for the guidance of male members of the department.

200.3 In carrying out the functions of the department, namely, the preservation of peace, the protection of life and property, the prevention of crime, and the arrest of violators of the law, all members of the force and employees of the department and all branches, districts and bureaus thereof shall direct and coordinate their efforts in a manner as will tend to establish and maintain the highest standard of efficiency.

200.4 Members of the force shall be held to be always on duty, although periodically relieved from the routine performance of it; shall always be subject to orders from the proper authorities and to call from citizens; and the fact that they may be technically off duty shall not be held as relieving them from the responsibility of taking proper police action in any matter coming to their attention requiring that action.

200.5 Members of the force shall promptly obey any order emanating from any superior officer. If an order emanating from any superior officer conflicts with a previous order from any other superior officer, or with any general, special or memorandum order, or provisions of the manual, the member of the force to whom such order is given shall respectfully call attention to that conflict of orders, and if the officer giving the order does not change the order so as to obviate that conflict, his or her order shall stand and the responsibility shall be his or hers, and the person obeying the order shall not be held in any way responsible for disobedience of any orders theretofore issued.

200.6 On the occurrence of a disturbance it is the duty of the police to restore order and disperse the crowd by moderate efforts or persuasion, if possible. If those efforts fail, force shall be used and the principals arrested.

200.7 Members of the force shall display coolness and firmness at all times and shall act in concert and protect each other in times of peril. Any shrinking from responsibility or danger shall be deemed gross neglect of duty, for which penalty is removal from the force.

200.8 Members of the force shall not be concerned, directly or indirectly, in making any compromise or arrangement, between suspected violators of the law and persons who are alleged to have suffered by their acts.

200.9 Members of the force shall not communicate, verbally or in writing, directly or indirectly, in any manner or form, any information which may enable persons guilty of criminal or quasi-criminal acts to escape arrest or punishment, or dispose of or secrete any money or other valuables the proceeds of crime, or to destroy any evidence which would establish guilt.

200.10 Members of the force shall not, except by permission of a superior officer, communicate to anyone but a member of the force any information respecting specific orders he or she has received, or about his or her contemplated movements.

200.11 Members of the force shall not serve civil process; nor shall they render assistance in civil cases. They shall, however, prevent breaches of the peace and quell disturbances growing out of those matters and protect United States Marshals in the discharge of their duties.

200.12 Members of the force shall not smoke, nor carry unlighted cigars, pipes, or cigarettes in their mouths while in uniform on any public space except between the hours of 12 midnight and 8:00 A.M. They shall not during these permissible hours or at any other time smoke or carry unlighted cigars, pipes, or cigarettes in their mouths if on detail at any public or private assembly, while directing traffic, or while engaged in conversation with citizens or superior officers. The term "public space" as used in this section shall be held to include streets, sidewalks, tree space, public parking and public parks, but shall not include alleys or courts. Smoking in storerooms and garages shall not be permitted at any time.

200.13 Members of the force shall familiarize themselves with the statutes, laws, and regulations in force in the District of Columbia, and failure to do so, or to take action respecting violations of those statutes, laws, and regulations coming to their attention or about which they have knowledge shall be deemed neglect of duty.

200.14 Members of the force and employees of the department shall not intentionally come in contact with persons suffering from diphtheria, scarlet fever, smallpox, or other contagious diseases, or with those in attendance on those persons, except by authorization of a member of the Board of Police and Fire Surgeons.

200.15 When a member of the force has come in direct contact with a patient having a contagious disease, or has been exposed to contagion, he or she shall at once notify his or her police surgeon and comply with instructions.

200.16 Members of the force shall be vigilant in the matter of locating persons suffering from malignant, infectious, or epidemical diseases, reporting those cases promptly to the health department through their stations.

200.17 In all cases of accident or illness requiring an officer's attention, members of the force shall render prompt assistance, taking any action as may be necessary in the premises.

200.18 Members of the force shall not allow any excavation in public space or the construction of any building, stand, fence, or structure of any kind, without proper permit therefor.

200.19 Members of the force shall promptly report the existence of leaking water pipes on any premises to the occupant thereof or to the agent or owner. If unable to locate either, or if it is on public space, it shall be reported through the station to the water department.

200.20 When a member of the force discovers a fire, he or she shall first make every effort to arouse the occupants of the premises and in order to better accomplish this end, he or she shall seek all possible aid from persons available at the scene. He or she shall then sound an alarm of fire by telephone to fire-alarm headquarters, or turn in an alarm from the nearest fire alarm box, whichever means is more readily available. The member shall prevent interference with the firefighters by pedestrians or traffic, and make a report at the station of all facts and circumstances. If the fire is of suspicious origin, he or she shall make a thorough investigation with a view to prosecution.

200.21 Any member of the force who finds a dead body or learns of a case where death has ensued without a physician having been in attendance shall immediately notify the Communications Division and the station clerk on duty in the district where the body is found and receive instructions relative to further proceedings. The officer on the scene shall do the following:

(a) Note all particulars;

(b) Not disturb or permit the disturbance of the body or surroundings;

(c) Allow no unauthorized person within the premises or near the point where the body is found until such time as a member of the Homicide Section or the Medical Examiner has arrived and taken charge;

(d) Not handle or permit the handling of weapons, glassware, furniture, or other smooth surfaced objects; and

(e) Maintain, as near as possible, the scene in exactly the same condition as discovered by him or her.

200.22 Each member of the force shall be held responsible for the proper performance of the duties assigned him or her and for the strict adherence to the rules and regulations adopted from time to time for the government of the police department.

200.23 It shall not be received as an excuse or justification for anything a member of the force may do contrary to the rules and regulations, or for anything he or she may omit to do, that he or she followed the advice or suggestion of any other person, whether connected with the police force or not, except when an officer of higher rank may take upon himself or herself the responsibility of issuing direct and positive orders.

200.24 For any serious neglect of duty or violation of the rules of the department an officer may suspend from duty any subordinate, and for similar causes the Chief of Police may be suspended by the Mayor. When a member of the force is suspended, a report shall be made, through proper channels, to the Chief of Police who, if he or she approves of the report, shall make recommendations to the Mayor.

History

• AUTHORITY: Unless otherwise indicated, the authority for provisions in this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of 1967, D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972. 18 DCR 417 (February 7, 1972).

6-A DCMR § 201 RESERVED

6-A DCMR § 202 STANDARDS OF CONDUCT

202.1 A member of the force shall at all times do the following:

(a) Maintain decorum and command of temper;

(b) Be patient and discreet;

(c) Use no harsh, violent, profane or insolent language; and

(d) Be courteous and considerate under all circumstances.

202.2 Gambling in any form by any member of the force in a station is strictly prohibited, nor shall members of the force frequent building or premises known as or suspected of being gambling resorts except in the line of duty.

202.3 A member of the force shall not play cards or games in the station houses on Sundays, nor at any time when actually on duty.

202.4 A member of the force shall not swing or toy with his or her baton.

202.5 A member of the force shall not carry an umbrella while in uniform.

202.6 A member of the force shall not have his or her hands or baton in his or her pockets while in uniform.

202.7 A member of the force while on duty shall devote his or her whole time and attention to the business of the department.

202.8 A member of the force shall give his or her name and badge number to persons who request them.

202.9 A member of the force shall not testify in civil cases unless legally summoned to do so.

202.10 A member of the force shall not be connected with any military body other than the Army, Air Force, Navy, Marine, Coast Guard Reserve Corps, or National Guard of the District of Columbia.

202.11 A member of the force shall not engage in any political activity which on July 13, 1977, would have been a violation of the provisions of the "Hatch Political Activity Act," as amended by the Act of September 6, 1966, Chapter 73, Subchapter III, 80 Stat. 525 (5 U.S.C. §§7321-7327) as further amended by the Act of April 17, 1974 (88 Stat. 87).

202.12 REPEALED

202.13 A member of the force shall not engage in any contest or solicit votes for presents or prizes offered to members of the department for securing or receiving votes nor engage directly or indirectly in the sale of tickets or the soliciting of advertisements or business of any character or promoting same except by permission of the Mayor.

202.14 A superior officer shall not receive presents from subordinates, nor shall subscriptions be solicited or made for presents by a member of the force to other members without the consent and approval of the Chief of Police.

202.15 A member of the force shall not, by threat or recommendation, or in any other manner, directly or indirectly, use his or her office for the purpose of influencing the lawful business, profession, or occupation of any person or persons.

202.16 All rewards received by a member of the force shall be promptly turned over to the commanding officer, together with a detailed report of the circumstances under which received and by whom paid.

202.17 A member of the force shall not, directly or indirectly, seek publicity concerning any specific matter that is or may be involved in a trial board proceeding, grand jury hearing or criminal prosecution.

202.18 Nothing contained in this chapter shall be construed so as to prohibit or impede any member of the force from appearing and testifying before a committee or subcommittee of the Congress or before the Council of the District of Columbia or a committee of the Council; provided, that the following requirements are met:

(a) The member shall provide advance notice, whenever practical to the Chief of Police of the appearance and testimony, the time and place thereof, and, if known, the subject matter to be discussed; and

(b) The member shall, unless in his or her testimony he or she is presenting the official views of the Mayor, state to the committee that the views expressed are the member's own views or those of any specific group which he or she represents.

202.19 Nothing contained in this chapter shall be deemed or construed to limit the rights of members of the Metropolitan Police Department to do any of the following:

(a) To prosecute or defend complaints or grievances in accordance with applicable law, or department rules or regulations; or

(b) To answer questions and inquiries propounded by any public official or body duly authorized to propound those questions or make those inquiries.

History

• SOURCE: Regulation No. 72-2. Approved January 14, 1972, 18 DCR 417 (February 7, 1972), as amended by § 3 of the Metropolitan Police Officer Civil Rights Act. D.C. Law 2-71, 24 DCR 6856 (February 17, 1978) as further amended March. 3, 1979, D.C. Law 2-139, § 3206, 25 DCR 5740. EDITOR'S NOTE I: § 2(a) of the Militia Exemption Amendment Act of 1985, D.C. Law 6-52, D.C. Official Code § 39-102 (1981) deleted the provision exempting police officers from enrollment in the National Guard. EDITOR’S NOTE II: In provision §202.11, The Hatch Political Activity Act of (Mar. 3, 1979, D.C. Law 2-139, § 2512, is renumbered as § 2501, Aug. 1, 1979 D.C. Law 3-14, § 2(c), 25 DCR 10565), D.C. Official Code § §1-625.01(2001).

6-A DCMR § 203 RESERVED

6-A DCMR § 204 RESERVED

6-A DCMR § 205 RESERVED

6-A DCMR § 206 BADGES, CAP PLATES, IDENTIFICATION CARDS, AND REVOLVERS

206.1 A member of the force, when off-duty any place in the District of Columbia, shall carry his or her badge, identification card, and service pistol except in his or her residence and as the Chief of Police may designate by general order.

History

• AUTHORITY: The authority for provision 206.1 is pursuant to An Act, “Omnibus Budget Support Act of 2002”, short title- “Off Duty Service Pistol Authorization Amendment Act of 2002”, effective October 01, 2002, D.C. Law 14-190.
• SOURCE: “Fiscal Year 2003 Budget Support Act of 2002”, -“Off Duty Service Pistol Authorization Act of 2002, Subtitle B, § 2712 of (the Act) 14-403 published at 49 DCR 6968 (July 26, 2002). 206.2 When off duty and not in full uniform, a member of the force shall wear his or her service revolver in such a manner as to conceal it from view. 206.3 A member of the force admitted to a hospital for treatment while in an off-duty status shall leave his or her service revolver in a safe place at home or surrender it to an official of the department for safekeeping during the hospital confinement. 206.4 A member of the force admitted to a hospital for treatment during the course of a tour of duty shall surrender his or her service revolver to an official of the department for safekeeping during the hospital confinement. 206.5 When a member of the force is under professional care of a member of the Board of Police and Fire Surgeons, and when, in the opinion of that Board Member, an officer should be relieved of the immediate possession of his or her service revolver, that officer, upon direction of the Board Member, shall forthwith surrender his or her service revolver to the police official on duty at the Police and Fire Clinic or, if at a place other than the Police and Fire Clinic, to an official of this department. 206.6 Service revolvers received pursuant to §206.5 shall be forwarded for safekeeping to the commanding officer of the district, bureau or division to which the officer is attached. 206.7 In each instance in which an officer surrenders his or her service revolver upon direction of a member of the Board of Police and Fire Surgeons, the Administrator of the Police and Fire Clinic shall submit a written report to the Chief of Police at the earliest practicable time. 206.8 When a member of the force severs his or her connection with the department, the member shall deliver to his or her commanding officers their revolver, badge, identification card, and cap plates at the expiration of his or her last active tour of duty. The member shall also return to the Property Division all government property issued to him or her. All articles of uniform shall be in a clean and sanitary condition.
• AUTHORITY: Provision 206.1 is amended pursuant to “Off Duty Service Pistol Authorization Amendment Act of 2002”, § 2712 of (the Act) for the Regulation Enacting the Police Manual for the District of Columbia, issued January 14, 1972 (Reg. 72-2).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972); as amended by Act of 2002, DC Act 14-403 effective 10-1-02, 49 DCR 6968 (July 26 2002).

6-A DCMR § 207 USE OF FIREARMS AND OTHER WEAPONS

207.1 It is the policy of the Metropolitan Police Department that each member of the department shall in all cases use only the minimum amount of force which is consistent with the accomplishment of his or her mission, and shall exhaust every other reasonable means of apprehension or defense before resorting to the use of firearms.

207.2 No member of the Metropolitan Police Force shall discharge a firearm in the performance of police duties except under the following circumstances:

(a) To defend him or herself or another from an attack which the officer has reasonable cause to believe could result in death or serious bodily injury;

(b) To effect the arrest or to prevent the escape, when every other means of effecting the arrest or preventing the escape has been exhausted, of a person who has committed a felony or has attempted to commit a felony in the police officer's presence, or when a felony has been committed and the police officer has reasonable grounds to believe the person he or she is attempting to apprehend committed the felony; Provided, that the felony for which the arrest is sought involved an actual or threatened attack which the officer has reasonable cause to believe could result in death or serious bodily injury; and provided further, that the lives of innocent persons will not be endangered if the officer uses his or her firearm;

(c) To kill a dangerous animal or one that is so badly injured that humanity requires its removal from further suffering; or

(d) For target practice or competition on an approved range.

207.3 No member of the Metropolitan Police Force shall discharge his or her firearm under the following circumstances:

(a) As a warning;

(b) At or from any moving vehicle except when the officer is justified in firing under §§207.2(a) and 207.2(b) and the officer has no cause to believe that any innocent person will be injured as the result of firing at or from that moving vehicle;

(c) In any felony case which does not involve an actual or threatened attack which the officer has reasonable cause to believe could result in death or bodily injury; and

(d) In any case involving a misdemeanor offense.

207.4 No member of the Metropolitan Police Force, in the normal exercise of his or her responsibility as a police officer, shall carry, use or discharge any firearm or other weapon except those issued or approved for use by the Metropolitan Police Department under general order of the Chief of Police.

207.5 Each member of the force shall, when he or she uses a weapon other than a firearm issued for use by the Metropolitan Police Department, report the incident to his or her commanding officer no later than the conclusion of the tour of duty in which the incident occurs. The commanding officer shall make a thorough investigation and, in his or her discretion, forward a report of the incident to the Chief of Police.

207.6 Any member of the force who discharges a firearm either accidentally or in the performance of duty shall file a written report of the incident with his or her commanding officer and with the Chief of Police within twenty-four (24) hours. The Chief of Police shall promptly advise the Mayor of the incident.

207.7 The commanding officer shall, as soon as possible, conduct a thorough investigation of the circumstances surrounding the discharge of firearms and shall submit a detailed written report of the results of the investigation and his or her conclusions as to whether the discharge was justified and his or her recommendations to the Chief of Police.

207.8 The Chief of Police shall advise the Mayor as to the result of the investigation and any disciplinary action taken against the police officer as a result of the discharge of a firearm. If the police officer who discharged his or her firearm is killed or incapacitated, his or her supervisor shall be responsible for filing the initial report.

207.9 A member of the force whose use of firearms or other weapons results in the death of another shall be automatically placed in off-duty status (with full pay and allowances) pending investigation of the circumstances surrounding the death.

207.10 The circumstances under which a police officer may use his or her revolver are set forth in the Police Manual. Shooting at another is a crime except when proven to be done as authorized by law. A police officer, sworn to execute the laws, should be doubly careful. For if he or she should, through cowardice, passion, or malice, shoot at, wound, or kill another, he or she would be guilty not only of violating the law, but also of violating his or her oath of office.

History

• AUTHORITY: Unless otherwise indicated, the authority for amendments to this chapter is pursuant to D.C. Act 14-403, section 2712 of the “Off Duty Service Pistol Authorization Amendment Act of 2002”, and further amended pursuant to § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007, D.C. Law 16-223. EDITOR’S NOTE: Section 208 “Service of Process” is deleted in its entirety from this Chapter 2 “General Rules”. See new Chapter 20 “Service of Process” of this publication (Police Personnel 6A DCMR) or Final rulemaking published at 54 DCR 8816 (September 7, 2007).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972) as amended by § 7 of the Metropolitan Police Officer Civil Rights Act, D.C. Law 2-71, 24 DCR 6858 (February 17, 1978).

6-A3 OUTSIDE EMPLOYMENT

6-A DCMR § 300 GENERAL PROVISIONS

300.1 For purposes of this chapter, the term "outside employment" means the engagement in any line of business or the performance at any time for the purpose of obtaining wages, salary, fee, gift, or other compensation, of any work or service of any kind for any person, firm, or corporation other than that required by one's official position in the Metropolitan Police Department.

300.2 Members of the Metropolitan Police Force may engage in outside employment during their off-duty hours, provided the following conditions are met:

(a) An employer who complies with all provisions of the Police Officers Outside Employment Act of 1996, (the Act), may elect to retain the services of a member or members who were working for that employer as of April 1, 1995, in an approved outside employment capacity.

(b) Participation in the police-related outside employment program is voluntary and at the member’s option.

(c) Only members who have completed their probationary period may engage in police-related outside activity.

(d) No member whose police powers are suspended or revoked may engage in police-related outside employment.

(e) Members who engage in police-related outside employment must comply with all laws and directives of the Chief of Police as if the member was on duty and in the performance of duty.

(f) When engaged in police-related outside employment, a member may wear and use his or her uniform and equipment as if that member were on duty.

(g) Neither the Chief of Police nor the government of the District of Columbia shall use the authority granted pursuant to this section to avoid hiring or retaining career employees as members of the force, or to avoid the normal deployment of on-duty personnel.

(h) No member of the MPD shall engage in outside employment or off-duty activity which will create a conflict of interest which would constitute a violation of section 1802 of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective March 3, 1970 (D.C. Law 2-139; D.C. Official Code § 1-619.2), or regulations issued pursuant to that section.

(i) No member of the MPD shall engage in outside employment in a position that would require access to confidential police records, files, correspondence or other information not otherwise available to the general public.

(j) No member of the MPD shall engage in outside employment for more than 30 hours per calendar week unless the member is on annual leave for the entire week, or unless otherwise approved by the Chief of Police.

(k) It shall be a condition of employment for employers to obtain and keep in effect liability insurance in a minimum amount of no less than $ 100,000 for outside employers hiring members in police-related outside employment. The purpose of such insurance is to protect the District of Columbia government against liability to third parties arising from the conduct of the member while so employed. The District of Columbia government shall be named as an additional insured on such liability policy, and proof of insurance in a form acceptable to the District of Columbia government shall be furnished to the Chief of Police as a condition of employment. The insurance requirement contained herein may be satisfied by amending the employer’s Comprehensive General Liability policy to provide the requisite coverage.

300.3 No member of the force shall engage in outside employment or accept any gift where such action will create a conflict of interest which would constitute a violation of section 1802 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code, sec. 1-619.2) or regulations issued pursuant to that section.

300.4 No member of the force shall engage in outside employment in a position that would require access to confidential police records, files, correspondence, or other information not otherwise available to the general public.

300.5 No member of the force may engage in outside employment for more than twenty-four (24) hours per calendar week unless the member is on annual leave for that entire week.

300.6 Any injury sustained by a member of the force in the course of outside employment shall not under any circumstances be considered an injury in the performance of duty pursuant to section 12(g) of the Policemen and Firemen's Retirement and Disability Act, approved September 1, 1916 (71 Stat. 394; D.C. Official Code, § 4-616).

300.7 Any dispute as to whether a particular outside employment or gift situation creates a conflict of interest shall be determined by means of whatever negotiated grievance procedures, ending in binding arbitration, may be provided for by the operative contract between the Metropolitan Police Department and the duly recognized employee organization or, if no such procedures are provided for, by the Chief of Police.

300.8 The Chief of Police may issue rules to implement this section.

300.9 The Chief of Police, or his or her duly authorized designees, shall grant written approval for each outside employment situation. The Chief of Police, or his or her duly authorized designee, may grant approval for police-related outside employment. Police-related outside employment is authorized only within the geographical boundaries of the District of Columbia.

300.10 Except as otherwise provided herein, only a member of the force who has completed his or her probationary period may engage in police-related outside employment, so long as the member's police powers are in effect and he or she complies with all applicable provisions of the D.C. Official Code and this Manual pertaining to the performance, of duties, the law of arrest, and the use of firearms and other weapons.

300.11 No member may engage in outside employment for any person, firm, or corporation as a private detective, civil process server, or to enforce "house rules" of establishments which sell alcoholic beverages by the drink.

300.12 A member of the force may wear or use his or her Metropolitan Police Department uniform or equipment, including any hand-held radio and any firearm or ammunition issued or approved by the Metropolitan Police Department, when engaged in police-related outside employment.

300.13 Every member of the force shall be subject to call by the Metropolitan Police Department and is required to respond to felonies in progress when employed in outside employment, and agreement to those conditions in writing by the outside employer shall be a condition for employment.

300.14 No member of the force engaged in police-related outside employment shall under any circumstances take actions which would be a violation of or conflict with applicable provisions of the D.C. Official Code or the Manual of the Metropolitan Police Department of the District of Columbia pertaining to their conduct as police officers.

300.15 It shall be a condition of employment for employers to obtain and keep in effect liability insurance in a minimum amount of no less than one hundred thousand dollars ($100,000) for outside employers hiring members in police-related employment. The purpose of that insurance is to protect the District of Columbia government against liability to third parties arising from the conduct of the member while so employed.

300.16 The District of Columbia government shall be named as an additional insured on any liability policy obtained pursuant to § 300.15, and proof of insurance in a form acceptable to the District of Columbia government shall be furnished to the Chief of Police as a condition of employment.

300.17 The insurance requirement contained in §§ 300.15 and 300.16 may be satisfied by amending the employer's Comprehensive General Liability policy to provide the requisite coverage.

300.18 Every member of the force shall be responsible for his or her Metropolitan Police Department uniform and equipment while engaged in police-related outside employment in the same manner as when on duty with the Metropolitan Police Department, and employers shall contribute an allowance in an amount to be determined by the Chief of Police for repair and replacement of a member's uniform and equipment.

300.19 Outside employers shall reimburse the District of Columbia government for one-half (1/2) the cost of repair of any hand-held radio issued by the Metropolitan Police Department and damaged during the course of outside employment.

History

• AUTHORITY: Unless otherwise indicated. the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No; 3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972), as amended by the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).

6-A DCMR § 301 PROHIBITIONS REGARDING OUTSIDE EMPLOYMENT

301.1 The following types of employment are prohibited inside the jurisdictional boundaries of the District of Columbia but may be engaged in if authorized in other jurisdictions:

(a) Employment as sightseeing or in pawn shops; and

(b) Employment as a bill collector, repossessor or collection agent of any kind.

301.2 The following types of outside employment are prohibited in any jurisdiction:

(a) Employment for any business or in any capacity over which the Metropolitan Police Department exercises a special supervisory, regulatory, or enforcement function;

(b) Employment as a private investigator or private detective, civil process server, unarmed guard or to enforce "house rules" of establishments which sell alcoholic beverages by the drink, pursuant to Section 2, subsection 2.5:2, subpart (h), D.C. Law 4-132;

(c) Employment or the acceptance of any gift where such action will create a conflict of interest which would constitute a violation of section 1802 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 or regulations issued pursuant to that section, Section 2, subsection 2.5:2, subpart (a), D.C. Law 4-132;

(d) Employment in a position which would require access to confidential police records, files, correspondence, or other information not otherwise available to the general public, Section 2, subsection 2.5:2, subpart (b), D.C. Law 4-132;

(e) Employment in a capacity which would directly or indirectly interfere with the proper and efficient performance of police duties or as otherwise prohibited by the Metropolitan Police Department Manual;

(f) Employment by an agency of the District of Columbia Government, unless that agency first requests and receives permission from the District of Columbia Office of Personnel. Members shall be prepared to indicate that this requirement has been met when submitting their requests for outside employment by an agency of the District of Columbia; and

(g) Employment by an agency of the United States Government, or an agency of any foreign government, or employment in or for any embassy, chancellery or foreign delegation.

301.3 A member shall not accept police-related outside employment in other jurisdictions.

301.4 REPEALED

301.5 A member shall not accept employment with any person, firm, or corporation whose primary business is providing private security guards (officers) or special police officers to commercial establishments or other individuals.

301.6 A member shall not engage in the business of providing private guards (officers) or special police officers to commercial establishments or other individuals within the District of Columbia, nor shall members directly or indirectly engage in the business of providing off-duty services of other members of the Department for police-related activities to those individuals or commercial establishments.

301.7 A member of the rank of inspector and above shall not accept police-related outside employment or outside employment which consists of supervising other members of the Department in such outside employment.

301.8 A member of the rank of lieutenant or captain shall only accept police-related outside employment when such employment is in a supervisory capacity which reflects his or her Department rank.

301.9 A member of the rank of sergeant may accept police-related outside employment in a non-supervisory role, unless such employment is in conjunction with the police- related outside employment of other non-supervisory member(s) (officers, detectives, technicians, and for purposes of these rules, desk sergeants). In the latter instance, a sergeant shall only accept police-related outside employment in a supervisory capacity which reflects his or her Department rank.

301.10 A non-supervisory member (officer, detective, technician, and for purposes of these rules, desk sergeant) shall not accept police-related outside employment when such employment places him or her in a supervisory role in relation to other members of the Department engaged in police-related outside employment. No member shall be permitted to engage in police-related outside employment in his or her regularly assigned patrol beat area.

301.11 Members shall not accept police-related outside employment which is conditioned upon any requirement which would in any way interfere with the proper use and/or wearing of issued uniforms and equipment. Permission will not be granted to wear uniforms other than Department issue.

301.12 A specific waiver shall be obtained to work in plainclothes. Those waivers shall be at the discretion of the Chief of Police or his or her designee, the Administrative Services Officer, as appropriate.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72·2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11,1982), and further amended by the Omnibus Police Reform Amendment Act of 2000, effective October 04, 2000, D.C. Law 13-160, as added by Title 3 , § 303 of the Act.
• SOURCE: Final Rulemaking published at 30 DCR 539 (February 4, 1983), Final Rulemaking published at 32 DCR 7195 (December 6, 1985) and further amended by (An Act) Omnibus Police Reform Amendment Act of 2000, effective October 04, 2000, D.C. Law 13-160, published at 47 DCR 4619, (June 02, 2000).

6-A DCMR § 302 PROCEDURES FOR OBTAINING AUTHORIZATION FOR OUTSIDE EMPLOYMENT

302.1 Any member desiring to engage in outside employment shall notify the Department of that intention by submitting appropriate documents, in quadruplicate, to the member's respective Commanding Officer prior to accepting that employment.

302.2 Members shall not engage in outside employment until authorization to do so has been granted by the Chief of Police, or his or her designee, the Administrative Services Officer, as appropriate.

302.3 Any dispute concerning whether a particular employment creates a conflict of interest shall be determined by negotiated grievance procedures in accordance with the operative contract organization, ending in binding arbitration.

302.4 In the absence of procedures as outlined in §302.3, the Chief of Police shall be the final authority for resolving any dispute concerning whether a particular outside employment creates a conflict of interest.

302.5 Any violation(s) of the provisions of these rules may serve as the basis for a temporary or indefinite suspension, or total termination, of the offending member's privilege to participate in outside employment.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act, approved June 8, 1906, 34 Stat. 222, and para. 95 of 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72·2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982) and further amended pursuant to the Omnibus Police Reform Amendment Act of 2000, effective October 4, 2000, §§ 302 and 303, D.C. Law 13-160, Title 3, “Regulation of Off-Duty Employment”.
• SOURCE: Final Rulemaking published at 30 DCR 539 (February 4, 1983), Final Rulemaking published at 32 DCR 7195 (December 6, 1985) and further amended at Final Rulemaking published at 47 DCR 4619 (June 6, 2000).

6-A DCMR § 303 CONDITIONS FOR OUTSIDE EMPLOYMENT

303.1 A member of the Department who obtains authorization to work at outside employment shall comply with the requirements of this section.

303.2 A member shall not work a total of more that twenty-four (24) hours per calendar week unless that member is on annual leave for that entire week, pursuant to § 2, subsection 2.5:2, subpart (c), D.C. Law 4-132.

303.3 A member shall submit in duplicate to his or her Commanding Officer P.D. Form 18D-A (Quarterly Report of Outside Employment) each calendar year quarter (no later than two (2) weeks after the last day of March, June, September, and December) regardless of whether outside employment was performed during that period.

This submission shall be separate for each outside employment, properly noting which outside employment is reflected. If the authorized outside employment is police-related, the member shall submit appropriate documentation as required by the Chief of Police.

303.4 A member shall not engage in any employment other than that of the Department while on sick leave, nor shall a member engage in any outside employment until he or she has returned from sick leave to full police duties and has performed at least one full tour of duty. This prohibition shall not apply to members who, while in a full-duty status, use sick leave for dental or medical appointments.

303.5 A member shall engage in police-related outside employment only when the member's police powers are in effect and in compliance with all applicable provisions of the D.C. Official Code and this title pertaining to the performance of duties, the law of arrest, and the use of firearms and other weapons.

303.6 A member may not accept any compensation for services rendered while in a duty status (e.g., outside speaking engagements).

303.7 A member who has received previous authorization to work shall not change the type of employment of his or her employer without first obtaining authorization to do so by submitting appropriate documentation as required by the Chief of Police.

303.8 A member's authorized outside employment activity may be terminated by the Chief of Police or the Administrative Services Officer, if it is determined that it interferes with the requirements of his or her official duties.

303.9 A member engaged in outside employment may be granted authorization for an indefinite period of time. Termination of outside employment shall occur if a member makes such a request, changes employment without authorization, or violates any provisions of this title. Notification to this effect shall be given by the Chief of Police or the Administrative Services Officer, as appropriate.

303.10 A member who discontinues authorized outside employment shall immediately notify the Department on P.D. Form 18Q-A reflecting the last period of his or her outside employment. A member is not authorized to be re-employed unless he or she submits appropriate documentation as required by the Chief of Police.

303.11 A member authorized to perform outside employment shall ensure that his or her outside employer is familiar with the contents of P.D. Form 18Q-B (Employer's Agreement to Conditions of Employment). A member authorized to perform outside employment shall inform his or her outside employer that:

(a) The member's working conditions and working hours are subject to review by officials of the Department;

(b) The member is subject to call by the Department, and, when in the District of Columbia, required to respond to felonies in progress and crimes against persons. Other crimes and incidents shall be reported immediately to the Communications Division; and

(c) The Department shall not reimburse members for court appearances and other activities required for arrests in the course of outside employment.

303.12 When authorization is granted for a member to engage in outside employment, the member shall furnish his or her Commanding Officer with the telephone number and address of his or her part-time employer.

303.13 Any injury sustained by a member in the course of outside employment shall not, under any circumstances, be considered an injury in the performance of duty pursuant to section 12(g) of the Policemen and Firemen's Retirement and Disability Act (D.C. Official Code 4-616). Administrative sick leave shall not be granted under these circumstances, §2, subsection 2.5:2, Subpart (d), D.C. Law 4-132.

303.14 Any damage to uniform or equipment in the course of outside employment shall be considered as occurring not in the performance of duty, and the Department shall be compensated for such loss by the member or by the procedure outlined in P.D. Form 1SG-B (Employer's Agreement to Conditions of Employment), whichever is considered appropriate by the Uniform and Equipment Board, on recommendation by the Commanding Officer.

303.15 Any violation of this section shall be legally sufficient to establish grounds for suspension and/or revocation of a member's authorization to engage in outside employment.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act, approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No. 3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72·2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).
• SOURCE: Final Rulemaking published at 30 DCR 539, 543 (February 4, 1983).

6-A DCMR § 304 REPORTING AND ARREST PROCEDURES FOR MEMBERS ENGAGED IN OUTSIDE EMPLOYMENT

304.1 Members engaged in outside employment shall be subject to call by the Department; and, while in the District of Columbia, members shall be required to respond to felonies in progress and crimes-against persons, pursuant to § 2, subsection 2.5:2, subpart (j), D.C. Law 4-132. Other crimes and incidents shall be immediately reported to the Communications Division.

304.2 Members engaged in police-related outside employment shall, at the beginning of each period of such employment, telephone a supervisor at the Communications Division and give him or her, the following information:

(a) The member's name;

(b) The location where the member is working;

(c) The name of the employer or supervisor; and

(d) The hours of employment for that day.

304.3 All members, including those engaged in police-related outside employment, shall first notify the Communications Division by telephone or police radio, when available and where practical to do so without jeopardizing the safety of a threatened individual, prior to responding to or initiating any direct police action when alerted to a felony in progress or a crime against a person.

304.4 All members shall immediately report all crimes including felonies in progress and crimes against persons to the Communications Division by telephone or by police radio when available. No member who is engaged in outside employment shall take direct police action as a Metropolitan Police Officer unless escape is imminent due to failure of a timely response by on-duty officers. Members engaged in any type of outside employment, particularly police-related outside employment, shall inform the Communications Division prior to engaging in any direct police action where it is practical to do so.

304.5 A member engaged in police-related outside employment shall prepare reports for all incidents and offenses which fall with the scope of outside employment and occur on the premises employing him or her while he or she is actually on duty. A member shall be responsible for all such reports and appropriate notifications; however, he or she shall generally be guided by the provisions of General Order 401.1 when preparing those reports.

304.6 When a member engaged in police-related outside employment makes an arrest in the course of outside employment, the procedures specified in §§304.5-304.10 shall be followed.

304.7 The member shall be responsible for preparing all appropriate reports and making all required notifications. The words ''OUTSIDE EMPLOYMENT" shall be clearly printed at the top of the P.O. 251, P.O. 163, P.O. 255, and all other required reporting forms.

304.8 These reports shall be reviewed and approved (if satisfactory) by an official assigned to the district in which the arrest occurred. These reports shall be forwarded in compliance with established procedures from the district of occurrence. Prisoners shall be processed at the district of occurrence or the appropriate CID Unit and handled in compliance with established procedures.

304.9 A member shall be responsible for all court appearances required in conjunction with the arrest, and shall be responsible for complying with the provisions of General Order 701.1. When checking into court, a member shall report to the Court Liaison Branch and prepare a P.O. Form 140 (Court Attendance Form). When completing the block which reflects duty status, item #10, the member shall check the block "other," and hand-print "outside employment" in item #10. Additionally, the member shall write "OUTSIDE EMPLOYMENT" at the top of the P.O. Form 140.

304.10 A member shall not be compensated by the Department for court appearances made in conjunction with arrests in the course of outside employment. A member may not appear in court or otherwise engage in any activity in conjunction which those arrests while in an on-duty status; accordingly, a member shall be required to use annual leave or compensatory time off (CTO) for those appearances or activities. The approval of the Administrative Services Officer shall not be required to grant a member "leave without pay" in conjunction with required court appearances when the member annual leave and CTO have been exhausted. Travel time associated with these court appearances and activities shall also be deducted from a member's leave balance.

304.11 If a member is required to be in court pursuant to an arrest made in the course of outside employment, he or she shall be granted leave to answer subpoenas or summonses or to comply with necessary provisions of General Order 701.1.

304.12 A member shall not be subject to Departmental disciplinary action for his or her failure to appear in court in conjunction with arrests made in the course of outside employment; however, if a member is cited for contempt of any court for failure to comply with court directives or subpoenas or summonses issued by the court, he or she shall be subject to disciplinary action initiated by his or her Commanding Officer.

304.13 A member's Commanding Officer shall be responsible for investigating all injuries, incidents, and damage to equipment which arise during a member's outside employment. The provisions of the "Police Officers Outside Employment Act of 1982" in no way alter a member's responsibility to comply with Department orders and directives, and the provisions of the Police Manual.

304.14 Existing procedures for documenting injuries, incidents, and damage to equipment shall apply to outside employment, and existing administrative review boards (such as the Use of Service Weapon Review Board, the Uniform and Equipment Board, the Civilian Complaint Review Board) shall retain jurisdiction over matters arising out of outside employment.

304.15 A member shall not use the power of his or her office to obtain confidential police records, files, correspondence, or other information not otherwise available to the general public for his or her own personal advantage or that of his or her employer or any other private person.

304.16 Although off-duty and engaged in outside employment, members are considered law enforcement agents and, as such, may obtain criminal history information under the same conditions as they may while in an on-duty status. However, they shall take special care to safeguard this information from unauthorized persons; such as coworkers or employers, in an outside employment setting. Any communication or dissemination of otherwise confidential information shall be the basis for temporary or indefinite suspension or revocation of a member's outside employment authorization, and shall be cause for disciplinary action if departmental rules regarding access to such information are violated.

304.17 Members in receipt of information concerning violations by any other member of the Department, or any other person, of these rules, the "Police Officers Outside Employment Act of 1982," or any other Department directive or law arising from outside employment shall promptly report that information to an official assigned to the district in which the violation occurred.

304.18 A member engaged in outside employment shall promptly report to his or her Commanding Officer any violation by his or her employer of any provision of law or Department directive relating to outside employment.

304.19 A member engaged in outside employment shall be responsible for understanding and familiarizing himself or herself with the portion of the P.D. Form 108-B which outlines his or her outside employment tasks as specified by his or her employer to ensure that departures by the employer from those specified tasks are brought to the immediate attention of the member's Commanding Officer.

304.20 A member is additionally required to notify his or her Commanding Officer immediately when he or she learns of any cancellation or change in the liability insurance policy required by law.

304.21 A member may, if engaged in police-related outside employment, obtain a radio from his or her assigned unit if the following conditions are satisfied:

(a) The member has obtained prior, specific approval from the district or division Commanding Officer to do so;

(b) A radio is available;

(c) The watch commander or another official-designated by the Commanding Officer approves the issuance of the radio; Provided, any member issued a radio under to provision shall utilize a city-wide one, unless directed by the Communications Division to use another channel; and

(d) All transmissions on radios shall be restricted to calls for police services of on duty units, or to report crime(s) in progress and notification to the Communications Division of initiating direct, police action.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72·2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).
• SOURCE: Final Rulemaking published at 30 DCR 539, 545 (February 4, 1983) and Final Rulemaking published at 32 DCR 7195 (December 6, 1985).

6-A DCMR § 305 COMMANDING OFFICERS

305.1 Upon receiving a member's request for authorization to perform outside employment, his or her Commanding Officer shall review and evaluate the member's work performance for a period of not less than one (1) year. This evaluation shall consist of, but not be limited to, the following:

(a) Sick leave;

(b) Punctuality:

(c) Performance ratings;

(d) Number of court appearances (when appropriate);

(e) Any previous complaints or other problems arising from a member's outside employment; and

(f) Any medical problems or disciplinary problems which may be complicated or aggravated by outside employment.

305.2 In addition to an evaluation of the member's work performance the Commanding Officer shall evaluate the information on the P.D. 180-B (Employer's Agreement to Conditions of Employment), with specific attention to the following areas of concern set forth in §§ 305.3 through 305.6.

305.3 Although the Department has not assumed the responsibility for conducting a management security audit for each potential employer, the information concerning the tasks the employer is asking the prospective MPD employee to perform shall be evaluated to determine whether they are appropriate and compatible with the police function specified. In situations where it is obvious that the tasks to be performed are clearly unreasonable, disapproval shall be recommended and the specific reasons for this action outlined in a separate memorandum.

305.4 The information concerning the duties to be performed shall be evaluated to ensure that they fall within the provisions of this chapter.

305.5 Available information concerning the potential employer and the potential work site shall be reviewed in order to assess the suitability of the employer or work site as they relate to a potential conflict of interest with the member's responsibilities to this Department. This issue shall be specifically addressed in the required endorsement by the Commanding Officer for all requests to perform police-related outside employment.

305.6 Commanding Officers shall process requests to perform outside employment in the following manner:

(a) Enter the information required by section 601 of these rules on P.D. Form 180;

(b) Recommend that outside employment be authorized or not authorized;

(c) Sign the P.D. Form 180;

(d) Forward the original and three copies of the P.D. Form 180, P.D. Form 180-B, and attachments as indicated below:

(1) Requests from members the rank of Lieutenant and above shall be forwarded to the Chief of Police through the Administrative Services Officer;

(2) Requests from members the rank of sergeant and below shall be forwarded to the Administrative Services Officer within four (4) days of the date submitted; and

(e) Attach a memorandum, in quadruplicate, specifying the reasons for his or her recommendation for all police-related outside employment requests, or when the recommendation denotes that authorization is not given for other requests.

305.7 P.D. Form 180-A shall be signed by the member's Commanding Officer and the original forwarded to the Administrative Services Officer.

305.8 Commanding Officers shall maintain an alphabetical file of P.D. Forms 180-A. This file shall be used to ensure compliance with the reporting requirements of these rules.

305.9 Impairment of the effectiveness or efficiency of a member by reason of his or her outside employment or any violations of the provisions of these rules shall be cause for an immediate recommendation by the member's Commanding Officer that authorization to perform outside employment be terminated.

305.10 Although members of this Department engaged in police-related outside employment are performing duties somewhat similar to those performed by special police officers, the Security Officers Management Branch, Intelligence Division, shall have no supervisory responsibility for those members.

305.11 Commanding Officers shall be responsible for investigating all alleged violations of these rules, or any other Department directive or law arising from outside employment. Commanding Officers shall also be responsible for investigating all injuries, incidents, and damage to equipment or uniforms which arise during a member's outside employment.

305.12 Commanding Officers shall ensure that members of their command in receipt of information concerning alleged violations of Department procedures or law relating to outside employment appropriately report those violations, and that those report received by officials of his or her command are appropriately and properly investigated.

305.13 Complaints or alleged violations of law or Department procedure which involve members of more than one command shall be investigated by the Commanding Officer or unit designated by the Field Operations Officer or, in his or her absence, the Night Supervisor.

305.14 Commanding Officers shall recommend disciplinary action to the Administrative Services Officer whenever a member is found in contempt by any court for his or her failure to comply with court directives or subpoenas or summonses issued by a court which arise from outside employment activities.

305.15 Commanding Officers shall be responsible for resolving, where appropriate, or making a specific recommendation concerning whether an act, injury, damage to uniform or equipment, incident, or other matter is to be considered "in the course of outside employment."

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act approved June 8,1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72-2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).
• SOURCE: Final Rulemaking published at 30 DCR 539, 548 (February 4, 1983). REFERENCE IN TEXT: Reference in § 305.10 to “Special Officers Branch, Investigative Service Division" has been changed to Security Officers Management Branch, Intelligence Division" in accordance with General Order No. 101.10 (Revised June, 1986).

6-A DCMR § 306 OFFICIALS THE RANK OF CAPTAIN AND ABOVE

306.1 A financial statement shall be submitted annually by sworn members in the grades of captain through the Chief of Police, using P.D. Form 179, (Confidential Statement of Employment and Financial Interest). P.D. Form 179 shall be prepared and submitted as required by the Chief of Police.

306.2 In addition to an evaluation of the member's work performance the Commanding Officer shall evaluate the information on the P.O. 180-B (Employer's Agreement to Conditions of Employment), with specific attention to the following areas of concern set forth in §§ 305.3 through 305.6.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.S:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72-2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. l.aw 4-132, 29 DCR 2450 (June 11,1982).
• SOURCE: Final Rulemaking published at 30 DCR 539, 58 (February 4, 1983) as amended by Final Rulemaking published at 30 DCR 539, 550 (February 4, 1983). REFERENCE IN TEXT: Reference in § 305.10 to Special Officers Branch, Investigative Service Division" has been changed to Security Officers Management Branch, Intelligence Division" in accordance with General Order No. 101.10 (Revised June 1986).

6-A DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise:

ABC Establishment- any business licensed or required to be licensed by the District of Columbia Department of Consumer and Regulatory Affairs Alcoholic Beverage Control Division and which sells alcoholic beverages for consumption on the premises.

Brokering Outside Employment- any practice whereby one member of the Metropolitan Police Department acts as an intermediary, liaison, referral agent, consultant, or third-party provider of police-related outside employment between a current or potential outside employer and an other member of the Metropolitan Police Department for the purpose of scheduling, coordinating, or any other similar activity.

“In the course” of outside employment- any act performed at the place of outside employment, performed for the outside employer, or arising by virtue of the outside employment. Outside employment cannot be determined exclusively by the job description or task list; rather, it must be considered within the context of existing circumstances on a case-by-case basis. In administrative determinations concerning whether an act, injury, damage to uniform or equipment, incident, or other matter is to be considered as "in the course of outside employment," the burden of proof to demonstrate that it should not be so considered shall rest with the member engaged in outside employment who is affected by the determination.

Member - a member of the Metropolitan Police Department of the District of Columbia.

Non Police Related Outside Employment- any employment of a member of the Metropolitan Police Department or any business conducted by a member which is not predicated on the actual or potential use of the member’s law enforcement authority.

Off Duty Activity- any person endeavor during off-hours which does not involve the member of the Metropolitan Police Department in work as an employee or work as a supervisor of employees, and which is not outside employment.

Outside Employment- as added by section 2 of D.C. Law 4-132, means the engagement in any line of business or the performance at any time for the purpose of obtaining wages, salary, fee, gift, or other compensation, of any work or service of any kind for any person, firm or corporation other than that required by one's official position in the Metropolitan Police Department. This definition shall not include a member's hobby or avocation, even if the product of said hobby or avocation is sold, provided that the proceeds from that sale do not exceed the costs of production.

Overtime- any employment for the Metropolitan Police Department outside of a member’s regular tour of duty and for which a member receives compensation from the ’District of Columbia government.

Police-related outside employment- any employment of a member of the Metropolitan Police Department, during office hours, which is conditioned on the actual or potential use of the member’s law enforcement authority.

History

• AUTHORITY: An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No. 3 of D.C. Official Code, Title 1 Appendix, at 154 (1973), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72·2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982), as further added by Police Officers Outside Employment Act of 1996, effective July 26, 1996, D.C. Law 11-151, 43 DCR 2838, (May 31, 1996) and the Omnibus Police Reform Amendment Act of 2000, effective October 04, 2000, D.C. Law 13-160, 47 DCR 4619, (June 02, 2000).
• SOURCE: Final Rulemaking published at 30 DCR 539 (February 4, 1983) and further amended by Police Officers Outside Employment Amendment Act of 1996, D.C. Law, 11-151 published at 43 DCR 2838, (May 31, 1996) and the Omnibus Police Reform Amendment Act of 2000, D.C. Law, published at 47 DCR 4679, (June 02, 2000).

6-A4 SEX OFFENDER REGISTRATION

6-A DCMR § 400 IDENTIFICATION AND CLASSIFICATION OF SEX OFFENDERS

400.1 The Agency shall determine whether a person is a sex offender. Where the Court has made this determination, the Agency shall adopt the Court's determination.

400.2 The Agency shall classify sex offenders for purposes of registration and for purposes of notification.

400.3 The Agency shall determine whether each sex offender is a registrant for a limited period or a lifetime registrant. Where the Court has made this determination, the Agency shall adopt the Court's determination. If a sex offender is a registrant for a limited period, the Agency shall determine the duration of the registration period in conformity with section 3(a), (c), and (d) of the Act.

400.4 The Agency shall classify each sex offender as a Class A offender, a Class B offender, or a Class C offender. Where the Court has made this classification, the Agency shall adopt the Court's classification. This classification shall determine the notification category of the sex offender for purposes of sections 416 through 418 of these rules:

(a) Class A offenders shall consist of all lifetime registrants.

(b) Class B offenders shall consist of all sex offenders, other than Class A offenders, who are required to register for an offense against a minor, ward, patient, or client and

(c) Class C offenders shall consist of all sex offenders other than Class A and Class B offenders.

400.5 The Agency shall provide information to the Department concerning sex offenders including:

(a) each sex offender's classification as a registrant for a limited period or as a lifetime registrant;

(b) each sex offender's classification as a Class A, Class B, or Class C offender;

(c) any information described in subsection 405.1(c)-(f) or section 420 of these rules; and

(d) any other information by arrangement between the Department and the Agency or as required by these rules.

400.6 By arrangement with the Department, the Agency may directly enter and update information concerning sex offenders in the Website maintained by the Department pursuant to subsection 418.2 of these rules and in other records or information systems maintained by the Department.

History

• AUTHORITY: Unless otherwise provided, the authority of this Chapter is pursuant to section 12(g) of the “Sex Offender Registration Act of 1999” (Act), D.C. Law 13-137, effective July 11, 2000, and Mayor’s Order 99-178 (November 9, 1999), D.C. Official Code § 22-4011(g) (2001).
• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000). EDITOR’S NOTE: Except for records made public according to the regulations promulgated by the Mayor pursuant to § 22-4011(g), no sex offender registration information shall be available as a public record under D.C. Official Code § 2-532 (2001).

6-A DCMR § 401 DUTIES OF THE COURT

401.1 The Court shall enter an order concerning a person's status as a sex offender if:

(a) The person, after the Act takes effect, is convicted or acquitted on the ground of insanity of a registration offense in a proceeding before the Court or is determined by the Court to be a sexual psychopath;

(b) The Court, after the Act takes effect, orders the release of a person who may be a sex offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization;

(c) The government makes a motion for such an order; or

(d) The person files a motion as authorized by section 5 of the Act.

401.2 When the Court makes a determination concerning a person's status as a sex offender under the circumstances described in subsection 401.1(a)-(c) of these rules, the Court may combine the determination with a sentencing proceeding, release proceeding, or other proceeding relating to the person. The Court may make the determination in a separate proceeding if it is not feasible or convenient to combine the determination with another proceeding relating to the person, except that, in relation to a person who is convicted of a registration offense in a proceeding before the Court after the Act takes effect, the Court shall combine the determination with the sentencing proceeding for the offense. If the Court determines that a hearing is necessary to decide the issue or if the interests of justice otherwise require, the Court shall appoint counsel for the person if he or she is not represented by counsel and meets the financial criteria for the appointment of counsel.

401.3 When the Court makes a determination concerning a person's status as a sex offender under the circumstances described in subsection 401.1(d) of these rules, the Court shall follow the procedures set forth in section 5(b) and (c) of the Act, and shall decide the motion within 60 calendar days of its filing.

401.4 If the Court finds that a person is a sex offender as defined by the Act, the Court shall enter an order certifying that the person is a sex offender and that the person must register for a limited period pursuant to section 3(a) of the Act or must register for life pursuant to section 3(b) of the Act. If the Court determines that the person must register for a limited period pursuant to section 3(a) of the Act, the Court shall include in the order a determination whether the person is a Class B offender or a Class C offender as defined in section 12(b)(2) of the Act and subsection 400.4 of these rules. If the Court determines that the person must register for life pursuant to section 3(b) of the Act, the Court shall include in the order a classification of the person as a Class A offender. Both for sex offenders required to register for a limited period and for sex offenders required to register for life, the Court shall advise the sex offender of that person's duties under the Act, shall order the sex offender to report to the Agency to register as required by the Agency and to comply with the requirements of the Act, and shall require the sex offender to read and sign the order.

401.5 Notwithstanding the final sentence of subsection 401.4 of these rules, the Court does not have to advise a sex offender of that person's duties under the Act, order the sex offender to report to the Agency to register, or require the sex offender to read and sign the Court's order, if the Agency has already carried out the procedures set forth in subsection 405.1 of these rules in relation to the sex offender. The Court's order shall in any event include the sex offender's registration and notification classifications as described in subsection 401.4 of these rules and direct the sex offender to comply with the requirements of the Act.

401.6 The Court shall provide to the Agency a copy of any order of the Court concerning a person's status as a sex offender, and the Agency shall act in conformity with the Court's order.

401.7 The applicability of the requirement to register and the other requirements of the Act to a person does not depend on the Court's making a certification under this section. The Agency may make a determination concerning a person's status as a sex offender in any case in which the Court has not made such a determination.

401.8 When the Court orders the release into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization of a person whom the Court has already certified as a sex offender under this section, the Court shall provide the sex offender with a copy of the certification order and require the sex offender to read and sign the copy of the order.)

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 402 DISPUTE RESOLUTION

402.1 A person, other than a person for whom a certification has been made by the Court under subsection 401.4 of these rules, may seek review of a determination by the Agency concerning that person’s status as a sex offender as authorized by the dispute resolution procedure of section 5(a) of the Act. The authorized scope of review under the dispute resolution procedure of section 5(a) of the Act includes review of the Agency’s classification of a person as a Class A, Class B, or Class C offender for purposes of notification, as well as review of the Agency’s classification of the person as a lifetime registrant or registrant for a limited period.

402.2 Regardless of whether review is sought by a person under this section with respect to the Agency’s determination that the person must register, the Agency’s determination of the person’s registration classification, the Agency’s determination of the person’s notification classification, or any combination of these determinations, the availability of review is subject to the limitations set forth in section 5(a) of the Act, including the limitations that:

(a) the dispute resolution procedure is not available to a person if the Court has already made a determination concerning the person’s status as a sex offender;

(b) the dispute resolution procedure is not available to a person unless the Agency’s determination depends on a finding or findings which are not apparent from the disposition described in section 2(3)(A) of the Act, or the person asserts that the records establishing a pertinent disposition described in section 2(3)(A) of the Act are erroneous;

(c) a person seeking review must provide notice of intent to seek review when first informed by the Agency of its determination and must, within 30 calendar days, file a motion in the Court setting forth the disputed facts and attaching any documents or affidavits upon which the person intends to rely; and

(d) a person who fails to comply with the requirements described in paragraph (c) of this subsection may seek review of the Agency’s determination only in conformity with the limitations described in paragraphs (a)-(b) of this subsection, and only for good cause shown and to prevent manifest injustice, by filing a motion in the Court within three years of first being informed by the Agency of the determination, and the release and dissemination of information concerning the person, including community notification, shall proceed during the pendency of such a motion before the Court.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 403 DUTIES OF THE DEPARTMENT OF CORRECTIONS

403.1 Immediately before the release into the community of a sex offender in its custody or under its supervision, or immediately before the transfer of a sex offender to a halfway house, whichever is earlier, the Department of Corrections shall notify the Agency of the sex offender’s proposed release, and shall provide to the Agency such records and information as will assist the Agency in carrying out its responsibilities under the Act.

403.2 Immediately before the release into the community of a sex offender in its custody or under its supervision, or immediately before a sex offender transfers to a halfway house, whichever is earlier, the Department of Corrections shall inform the sex offender orally and in writing of the duty to register and of the time when and place where he or she is to appear to register and shall require the sex offender to read and sign the notice.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 404 DUTIES OF THE COMMISSION ON MENTAL HEALTH SERVICES

404.1 The Agency shall notify the Commission on Mental Health Services in writing of those sex offenders in the custody or under the supervision of the Commission on Mental Health Services who are required to register pursuant to the Act.

404.2 The Commission on Mental Health Services shall inform the Agency when a sex offender for whom notice has been given under subsection 404.1 of these rules:

(a) Is first granted unaccompanied access to the hospital grounds or is placed on convalescent leave;

(b) Is first conditionally or unconditionally released; or

(c) Is on unauthorized leave

404.3 The Commission on Mental Health Services shall provide the following information concerning such sex offenders to the Agency:

(a) The name of and other identifying information about the sex offender, including a physical description and photograph, if available;

(b) The action taken as described in subsection 404.2 of these rules;

(c) The date on which the action was taken;

(d) To the extent known, the address or addresses at which the sex offender is living or intends to live, works, or intends to work, or attends school or intends to attend school; and

(e) Administrative information that may assist the Agency or the Department in locating the sex offender.

404.4 The Agency may disclose any information provided under this section to the Department. The Agency and the Department may make further disclosures of such information as necessary to ensure compliance with the Act and to prosecute violations of the Act.

404.5 Except as provided in this section, the Act and these rules do not supersede the non-disclosure provisions of the District of Columbia Mental Health Information Act of 1978 (D.C. Code § 6-2001 et seq.).

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 405 REGISTRATION PROCEDURES AND INFORMATION

405.1 The Agency shall adopt and implement procedures and requirements for the registration of sex offenders in conformity with the Act. The procedures and requirements shall include, but need not be limited to, requirements that a responsible officer or official shall:

(a) Inform the sex offender of the sex offender’s duties under the Act, including:

(1) Informing the sex offender of the duty to register and to provide information required for registration;

(2) Informing the sex offender of the duty to verify address information, any duty to verify other information required for registration, and the procedures for such verification;

(3) Informing the sex offender of the duty to report any change of address, any duty to update other registration information, and the procedures for reporting such changes, and;

(4) Informing the sex offender that if the sex offender moves to another state, or works or attends school in another state, then the sex offender also must report this information, and must register in any such state;

(b) Inform the sex offender of the penalties for failure to comply with the sex offender’s duties under the Act;

(c) Obtain the information required for registration, including the sex offender’s name, all aliases used, date of birth, sex, race, height, weight, eye color, hair color, identifying marks and characteristics, driver’s license number and make, model, color and license plate number of any motor vehicle(s) the sex offender owns, Social Security number, PDID, DCDC, and FBI numbers, home address or expected place of residence, and any current or expected place of employment or school attendance;

(d) Obtain a photograph and set of fingerprints of the sex offender;

(e) Obtain a detailed description of the offense(s) on the basis of which the sex offender is required to register, the presentence report(s), the victim impact statement(s), the date(s) of conviction, and any sentence(s) imposed;

(f) Obtain the sex offender’s criminal record and a detailed description of any relevant offense or offenses;

(g) Require the sex offender to read and sign a form stating that the duties of the sex offender under the Act have been explained; and

(h) Inform a person that if the person disagrees with the Agency’s determination that the person must register or with the Agency’s classification of the person for purposes of registration or notification, then he or she must follow the procedures set forth in section 402 of these rules.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 406 REGISTRATION DUTIES OF SEX OFFENDERS

406.1 Each sex offender shall--

(a) register with the Agency in the time and manner specified by the Agency;

(b) provide any information required for registration and cooperate in photographing and fingerprinting; and

(c) acknowledge receipt of information concerning the sex offender’s duties under the Act, including reading and signing a form or forms stating that these duties have been explained to the sex offender.

406.2 A sex offender who enters the District of Columbia from another jurisdiction to live, work, or attend school shall notify the Agency within 3 days of entering the District. Any other sex offender shall notify the Agency within 3 days of being released from incarceration or confinement or sentenced to probation. A sex offender who did not provide the notice described in this subsection because his or her entry into the District of Columbia, release from incarceration or confinement, or sentencing to probation occurred before the Act or these rules went into effect shall not be subject to any penalty or sanction for failing to provide the notice, but such a sex offender remains subject to subsection 406.1 and to all other provisions of these rules and the Act.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 407 TIMING OF REGISTRATION

407.1 Each sex offender shall meet with responsible officers and officials as directed by the Agency for the purpose of registration or the discharge of other functions under the Act.

407.2 The Agency shall, whenever feasible, hold a meeting with a sex offender for the purpose of registration:

(a) prior to an incarcerated sex offender's release from halfway house placement, if the sex offender receives halfway house placement;

(b) within 3 days after a sex offender is released from incarceration or confinement or sentenced to probation; or

(c) within 3 days of learning that a sex offender has entered the District of Columbia from another jurisdiction to live, work, or attend school.

407.3 The time frames set forth in subsection 407.2 of these rules are designed to ensure the prompt registration of sex offenders. The Agency may require sex offenders to attend meetings at other times for the purpose of registration or the discharge of other functions under the Act, and any failure of the Agency to schedule or hold a meeting within the time frames set forth in subsection 407.2 does not relieve a sex offender of the obligation to register or of any other obligation under the Act.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 408 NOTICE TO THE DEPARTMENT CONCERNING REGISTRATION

408.1 The Agency shall notify and transmit registration information on a sex offender to the Department within 2 days of registering the sex offender.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 409 VERIFICATION OF INFORMATION

409.1 The Agency shall adopt and implement procedures and requirements for the verification of address information and other information required for registration. The Agency shall determine the frequency of verification, but shall require address verification at least annually for all registrants, and shall require address verification at least quarterly for lifetime registrants. The procedures and requirements for verification may include, but need not be limited to, requirements that sex offenders:

(a) Return address verification forms;

(b) Appear in person for purposes of verification;

(c) Cooperate in the taking of fingerprints and photographs as part of the verification process; and

(d) Update any information that has changed since any preceding registration or verification as part of the verification process.

409.2 Each sex offender shall verify address and such other registration information as the Agency may specify, including complying with any requirement to return address verification forms, to appear in person for the purpose of verification, to cooperate in photographing and fingerprinting, and to update any information that has changed.

409.3 The Agency shall notify the Department if it is unable to verify the address of or locate a sex offender who is required to register under the Act, and may notify the Department of any other failure of a sex offender to comply with the requirements of the Act.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 410 PROCEDURES FOR CHANGE OF ADDRESS OR OTHER INFORMATION

410.1 The Agency shall adopt and implement procedures and requirements for the reporting by sex offenders of changes in address and changes in other information required for registration. The procedures and requirements shall include, but need not be limited to, requirements that:

(a) A sex offender shall report any change of address to the Agency;

(b) A sex offender shall report any change in the place or places where the sex offender works or attends school to the Agency;

(c) A sex offender shall report any change in the make, model, color, or license plate number of any motor vehicle(s) the sex offender owns.

(d) A sex offender shall report to the Agency if the sex offender is moving to another state, or works or attends school in another state, and shall register in any such state; and

(e) A sex offender shall report to the Agency if the sex offender's physical appearance changes significantly and appear for an updated photograph as directed by the Agency.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 411 DUTIES OF SEX OFFENDERS TO UPDATE INFORMATION

411.1 Each sex offender shall report to the Agency, in the time and manner specified by the Agency, changes in registration information, including changes in address or place of work or school attendance, and changes in the make, model, color, or license plate number of any motor vehicle(s) the sex offender owns.

411.2 Each sex offender shall report to the Agency, in the time and manner specified by the Agency, if the sex offender is moving to another state, or works or attends school in another state, and shall register in any such state.

411.3 Each sex offender shall report to the Agency, in the time and manner specified by the Agency, if the sex offender's physical appearance changes significantly, and appear for an updated photograph as directed by the Agency.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 412 TIME FOR REPORTING CHANGES OF INFORMATION

412.1 The Agency shall determine the time and manner for the reporting of changes in registration information, but shall require that sex offenders report any change of address, or change in place of work or school attendance, prior to the change if feasible, and in any event within 3 days of the change.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 413 NOTICE TO THE DEPARTMENT CONCERNING CHANGES IN INFORMATION

413.1 The Agency shall notify the Department of any change in registration information within 2 days of receiving the updated information or notice of the change.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 414 NOTICE TO REGISTRATION AUTHORITIES IN OTHER JURISDICTIONS

414.1 The Agency shall promptly notify the responsible registration agency or authorities in any other jurisdiction to which a sex offender moves, or in which a sex offender works or attends school.

414.2 The Agency may provide to the responsible agency or authorities in the other jurisdiction all information concerning the sex offender that may be necessary or useful for registration of the sex offender in that jurisdiction, or for purposes of risk assessment, community notification, or other comparable functions in that jurisdiction.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 415 MAINTENANCE AND RELEASE OF INFORMATION BY THE AGENCY

415.1 The Agency shall maintain and operate the sex offender registry for the District of Columbia, including maintaining the information obtained on sex offenders.

415.2 The Agency shall enter the information obtained on sex offenders into appropriate record systems and databases and shall:

(a) Ensure that conviction data and fingerprints are promptly transmitted to the Federal Bureau of Investigation;

(b) Participate in the National Sex Offender Registry on behalf of the District, including providing to the Federal Bureau of Investigation all information required for such participation;

(c) Ensure that information concerning sex offenders is promptly provided or made available to the Department, and to other law enforcement and governmental agencies as appropriate; and

(d) Inform the Department if subsection 421.1 or 421.2 of these rules applies because a person has provided notice of intent to seek review of the Agency’s determination in conformity with section 5(a)(2)(A) of the Act.

415.3 The Agency shall not release information from sex offender registration records to the public, except through the provision of such information to the Department or other agencies or authorities as authorized by the Act or these rules. This subsection does not limit the Agency’s authority to disclose information concerning sex offenders under its supervision to the same extent as is permitted in relation to other persons under the Agency’s supervision.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 416 PUBLIC NOTIFICATION PROCEDURES

416.1 The Department shall carry out active and passive notification to all or parts of the community concerning sex offenders, consistent with their notification classifications under section 400 of these rules. The SID is designated as the departmental unit responsible for facilitating and coordinating the dissemination of sex offender registration information.

416.2 Active notification means affirmatively informing persons or entities about sex offenders. Authorized means of active notification include, but are not limited to, community meetings, flyers, telephone calls, door-to-door contacts, electronic notification, direct mailings, and media releases.

416.3 Passive notification means making information about sex offenders available for public inspection or in response to inquiries. Authorized means of passive notification include, but are not limited to, Internet postings, making registration lists and information about registrants available for inspection at police stations and other locations, and responding to written or oral inquiries in person, through the mail, by telephone, or through email or other electronic means.

416.4 The same notification procedures are authorized for sex offenders who live outside the District, but work or attend school in the District, as are authorized for sex offenders who live in the District.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 417 ACTIVE NOTIFICATION

417.1 Active notification concerning Class A offenders may be provided to any person or entity. Active notification concerning Class A, Class B, and Class C offenders may be provided to:

(a) Law enforcement agencies.

(b) Organizations that deal with or provide services to vulnerable populations or victims of sexual offenses, including but not limited to schools, day care centers, other child care and youth-serving organizations, facilities caring for or providing services to the elderly or persons with impairments, shelters, churches, and victims rights and victim services entities. An organization that wishes to be notified shall submit a written request to the Department which describes the vulnerable population or victims the organization serves or deals with. Notification shall be provided to organizations under this paragraph through electronic notification or direct mailings.

(c) Victims of and witnesses to a sex offender's crime or crimes and parents, guardians, and family members of such persons.

(d) Any person where the Department has information indicating that the sex offender may pose a specific risk to that person, and parents, guardians, and family members of such a person.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 418 PASSIVE NOTIFICATION

418.1 Passive notification may be carried out concerning any sex offender, except that information made available for public inspection by means of the Internet shall be limited to information on Class A and Class B offenders.

418.2 The Department shall make available for public inspection by means of the Internet information on Class A and Class B offenders.

418.3 The SID shall maintain an open register of Class A, Class B, and Class C offenders compiled by District and PSA, and shall make the register available for public inspection upon request. The register shall be updated at least on a monthly basis. Each police district shall also maintain a copy of this register and shall make it available for public inspection upon request. The SID and each police district shall record in a separate log book the names and addresses of persons who request to inspect the open register.

418.4 The Department shall provide to members of the public and employees of governmental agencies background check information for identified Class A, Class B, and Class C offenders for employment, childcare, foster care, and other purposes. The Department may require that such requests be submitted in writing and may charge a processing fee for such requests.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 419 COMMUNITY EDUCATION AND REQUIREMENTS FOR PUBLIC DISCLOSURES

419.1 The Department shall conduct community education about the appropriate use of sex offender registration information.

419.2 The Department shall include in all written and electronic notifications to the public under this chapter a warning that crimes committed against sex offenders will be prosecuted to the full extent of the law.

419.3 The Department shall not release to the public information from sex offender registration records that identifies a victim of a registration offense.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 420 INFORMATION SUBJECT TO PUBLIC DISCLOSURE

420.1 The following information on sex offenders is approved for public disclosure under this chapter:

(a) Full name and aliases;

(b) Date of birth;

(c) Sex and Race;

(d) Height and Weight;

(e) Eye and hair color;

(f) Any identifying marks/characteristics;

(g) Home, employment, and school addresses (which may be identified by block only);

(h) Photograph;

(i) Offense(s) requiring registration, date(s) of conviction, jurisdiction(s) of conviction, and any other registration offense(s), including for all such offenses information concerning the age of the victim and whether the offense was committed against a stranger;

(j) Court case number;

(k) Date of registration;

(l) Date last verified; and

(m) Whether a warrant is outstanding for the person's arrest for failure to comply with the requirements of the Act or for another offense or offenses.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 421 EFFECT OF DISPUTE RESOLUTION PROCEDURE ON NOTIFICATION

421.1 If the Agency provides to the Department information on a person who has provided to the Agency in conformity with section 5(a)(2)(A) of the Act notice of intent to seek review of the determination that the person must register, the Department shall not release registration information on the person to the public unless and until the Agency informs the Department that the Court has certified that the person must register, the person has failed to file a timely motion, or the person's motion has been withdrawn or dismissed.

421.2 If the Agency informs the Department that a person has provided in conformity with section 5(a)(2)(A) of the Act a notice of intent to seek review which does not dispute the Agency's determination that the person must register, but which raises an issue affecting the person's classification as a Class A or Class B offender, the Department shall not release information on the person on the basis of the disputed classification unless and until the Agency informs the Department that the Court has resolved the issue against the person, the person has failed to file a timely motion, or the person's motion has been withdrawn or dismissed. Notification on such a person may be made, in any event, as for a Class C offender, and as for a Class B offender if it is not disputed that the person is required to register for an offense against a minor, ward, patient, or client.

421.3 If a person seeks review of an Agency determination by filing a motion under section 5(a)(3) of the Act, the release and dissemination of information concerning the person, including community notification, shall proceed during the pendency of the motion before the Court.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 422 INFORMATION CONCERNING FORMER REGISTRANTS

422.1 When the Agency notifies the Department that a sex offender's registration period has expired, the Department shall remove registration information on the sex offender from publicly available sources and maintain the information in a closed file or database. The information in the closed file or database shall not be publicly disclosed, but shall remain available for law enforcement purposes.

422.2 When the Agency notifies the Department that a person is released from the obligation to register because the person's conviction for a registration offense has been reversed or vacated, because the person has been pardoned on the ground of innocence, or because the Court has ruled that the person is not a sex offender, the Department shall return to the Agency the sex offender registration information received from the Agency concerning the person and shall not retain such information in any sex offender registration records maintained by the Department.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 423 FREEDOM OF INFORMATION ACT EXCEPTION

423.1 Except for records made public according to these rules, no sex offender registration information shall be available as a public record under section 2 of the Freedom of Information Act of 1976 (D.C. Official Code § 1-1522).

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 424 RELEASE OF OTHER INFORMATION

424.1 The Act and these rules do not limit the maintenance or release by the Department, by the Agency, or by other agencies of information concerning any person that is not derived from sex offender registration records or that such agency or agencies would have independently of the registration program established by the Act.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 425 NON-COMPLIANCE BY SEX OFFENDERS

425.1 When the Agency notifies the Department that a sex offender has violated any requirement of the Act, the Department shall immediately conduct an investigation. The Department shall coordinate its investigation with the Agency.

425.2 The Department shall obtain a warrant for the arrest of the sex offender if it determines that probable cause exists to support a violation of section 16( a) of the Act. Notwithstanding any other provision of these rules, the Department may release to the media and the public information on a sex offender for whom such a warrant has been issued and may take all other measures engaged in for the apprehension of persons for whom warrants have been issued.

425.3 The Department shall note the warrant and the noncompliant status of the sex offender in its sex offender registration records. If the sex offender is arrested, the Department shall notify the Agency of the arrest.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 426 COMPLAINTS OF HARASSMENT THREATS AGAINST SEX OFFENDERS

426.1 Complaints of harassment, threats, intimidation, or violence committed against sex offenders shall be referred to the SID for tracking and investigation in conjunction with the appropriate PSA personnel. All complaints received by the Districts shall be documented and referred to the SID.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 427 INTERAGENCY COOPERATION AND COORDINATION OF INFORMATION

427.1 The Agency may request that any agency of the District of Columbia, of another state, or of the United States provide assistance in carrying out the functions described in the Act.

427.2 Notwithstanding any other law, all agencies of the District of Columbia shall:

(a) Have the authority to provide any requested assistance to the Agency in carrying out the functions described in the Act.

(b) Make available to the Agency information requested by the Agency for the purpose of identifying sex offenders and otherwise carrying out its functions under the Act; and

(c) Cooperate with the Agency in posting notices and making available information concerning registration requirements in locations where persons entering the District of Columbia from other jurisdictions may apply for driver’s licenses, motor vehicle tags and inspections, housing, or other public assistance or benefits.

History

• SOURCE: Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Final Rulemaking published at 47 DCR 4888 (June 9, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).

6-A DCMR § 499 DEFINITIONS

The following terms and phrases shall have the meaning ascribed for this chapter:

Act- the Sex Offender Registration Act of 1999.

“Agency”, “Attends School”, “Court”, “Minor”, “Sex offender”, “State”, and “Works”, have the meanings set forth in section 2 of the Act.

Conviction for a registration offense- a criminal conviction or insanity acquittal for a registration offense or a sexual psychopath determination under D.C. Code § 22-3503 et seq.

Citywatch- telephone notification conducted by the Department.

Day care center- any regulated or licensed child care institution, child day center, child day program, family day home, foster home or group home.

Days- business days unless otherwise specified.

Department- the Metropolitan Police Department.

Lifetime registrant- a sex offender who is required to register for life pursuant to section 3(b) of the Act.

“Offense against a minor”, “Ward”, “Patient” or “Client” means:

(a) any registration offense committed against a minor;

(b) first or second degree sexual abuse of a ward under D.C. Code §22-4113 or § 22-4114; and

(c) first or second degree sexual abuse of a patient or client under D.C. Code § 22-4115 or § 22-4116.

PSA- Patrol Service Area.

Registration offense- has the meaning set forth in section 2(8) of the Act, subject to the exceptions set forth in section 17(b) of the Act.

Registrant for a limited period- a sex offender who is required to register for a limited period pursuant to section 3(a) of the Act.

SID- the Special Investigations Division of the Department.

History

• SOURCE: Final rulemaking published at 47 DCR 7490 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000). EDITOR’S NOTE: Law 13-137, the "Sex Offender Registration Act of 1999” was introduced in Council and assigned Bill No. 13-350, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 7, 1999 and December 21, 1999 respectively. Signed by the Mayor on January 10, 2000, it was assigned Act No. 13-248 and transmitted to both Houses of Congress for its review. D.C. Law 13-137 became effective on July 11, 2000.

6-A5 COURTESIES

6-A DCMR § 500 COURTESIES

500.1 Members of the force shall at all times treat citizens, associates, and superior officers with respect and civility, and shall, even in the face of provocation refrain from the use of harsh, profane, or abusive language.

History

• AUTHORITY: Unless otherwise indicated, the authority of this chapter is An Act, approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para.95 of § 402 of Reorganization Plan No. 3 of the D.C. Official Code. Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 501 SALUTES

501.1 Whenever the national anthem is played where members of the force are present, the following requirements shall be satisfied:

(a) When not in formation, they shall stand at attention and, if in uniform and equipped with baton, they shall render the baton salute at the first note of the anthem, retaining the position until the last note of the anthem;

(b) When not in formation, they shall stand at attention, and, if in uniform, covered, and not provided with baton, they shall render the hand salute;

(c) When not in formation, they shall stand at attention, and, if not in uniform and covered, they shall uncover at the first note of the anthem, holding the headdress opposite the left shoulder and so remain until its close, except that in inclement weather the headdress may be slightly raised;

(d) When in formation, the organization shall be brought to attention and the salute rendered by the officer in command.

501.2 If the flag is present a salute made pursuant to § 501.1 shall be rendered while facing the flag; if the flag is not present, the salute shall be rendered while facing in the direction of the music.

501.3 When uncased colors pass, members of the force in uniform and not in formation shall render the hand salute if not equipped with baton, and the baton salute if so equipped; if in civilian dress and covered they shall uncover, holding the headdress opposite the left shoulder with the right hand.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 502 FLAGS

502.1 Flags on all police department buildings shall be placed at half mast upon notification of the death of an active or retired member of the department and remain at half mast until after the funeral.

502.2 Flags shall be raised on all police department buildings at 7:00 A.M. and lowered at sundown. In rainy and stormy weather old flags in good condition should be used if available; in fair weather, clean bright flags shall always be used.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 418 (February 7, 1972).

6-A6 UNIFORMS AND EQUIPMENT

6-A DCMR § 600 UNIFORM BOARD

600.1 The Chief of Police shall appoint a Uniform Board whose duties it shall be to annually prepare specifications for uniforms and equipment. Those specifications shall be forwarded by the board to the Chief of Police who shall forward them to the purchasing officer of the District of Columbia with request that proposals be invited and contract or contracts be entered into for the purchase of those articles.

600.2 For the purpose of this section, the term "uniforms" shall be held to include reefers, blouses, trousers, caps, sweaters, rubber coats, rubber cap covers, leggings, helmets, shirts, rubber boots, neckties, rank devices or ornaments, service devices or ornaments, service stripes, black leather belts, and Sam Brown belts.

600.3 For the purpose of this section, the term "equipment" shall be held to include badge, cap plate, baton, marksmanship insignia, patrol box key, holster, revolver, police manual (not to be carried), police regulations (not to be carried), identification card, identification name plate, and soft body armor.

600.4 Articles of uniform and equipment shall conform in style and design to specifications submitted by the Uniform Board for and approved by the Chief of Police.

600.5 The Uniform Board shall thoroughly inspect all uniforms and official equipment furnished by contractors, and no article of uniform or official equipment shall be accepted unless it conforms in specific detail to specifications. The decision of the Uniform Board in all matters relating to fit, style, necessary alterations, and all other factors necessary to provide uniforms in accordance with approved specifications shall be final and conclusive.

600.6 The Uniform Board shall establish and maintain, in such form as may be directed by the Chief of Police, a record showing the following:

(a) Uniforms and other official equipment ordered;

(b) Uniforms and other official equipment returned to contractors for alteration;

(c) Uniforms and other official equipment rejected;

(d) Uniforms and other official equipment condemned; and

(e) Uniforms and other official equipment accepted.

600.7 The Uniform Board shall submit to the Chief of Police at the close of each fiscal year a report showing the work performed by the Uniform Board during the preceding year.

History

• AUTHORITY: Unless otherwise indicated, the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906.34 Stat. 222, am para. 95 of § 402 of Reorganization Plan No. 3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2., approved January 14, 1972, 18 DCR 417 (February 7,1972)., as amended by § 2 of the Police Manual for the District of Columbia Bullet Safety Vest Regulation Amendment Act of 1983, D.C. Law 5-43, 31 DCR 516 (February 10, 1984).

6-A DCMR § 601 WEARING AND MAINTENANCE OF UNIFORMS AND EQUIPMENT

601.1 Title to all uniforms and equipment purchased under the provisions of the Act of Congress approved May 25, 1926, shall be vested in the District of Columbia and members of the force be held strictly accountable for the proper care, use, and maintenance of all articles of uniform and official equipment furnished, and those uniforms and official equipment shall only be worn or used in accordance with the provisions of this manual.

601.2 It shall be the duty of members of the force to produce any article or articles of uniforms and official equipment on demand of any superior officer.

601.3 No member of the force shall remove, erase, or in any manner disfigure any stamp, mark, tag, or label attached to any uniform or article of official equipment or property of the District of Columbia. Members of the force, immediately after being issued uniform caps, rubber boots, cap covers, or raincoats, shall mark each article with his name or initials to assure positive identification.

601.4 Members off the uniform force shall wear the regulation uniform and carry the prescribed equipment at all times when on duty, except as otherwise directed.

601.5 Members of the uniform force shall wear shirts of such color and design as may be provided and shall wear plain dark blue four-in-hand-neckties.

601.6 When members of the force on duty are permitted to wear shirts without blouses, they shall wear dark blue four-in-hand ties, plain black belts not less than one and one-fourth inches (1 1/4") but not more than one and three-fourths inches (1 3/4") in width, with square solid brass buckle. Suspenders over shirts are prohibited.

601.7 Members of the force shall wear on the left sleeve of their uniform coats, any number of service designations as necessary to indicate years of service, one star for each five (5) years, of such color as prescribed.

601.8 The regulation uniform of the Metropolitan Police Department as previously established is altered in the following manner:

(a) The addition of a distinctive stripe, light blue in color and measuring one and three-sixteenths inches (1 3/16"), with a gold color border three-sixteenths inch (3/16th") in accordance with bid specifications filed by the Metropolitan Police Department for altering uniforms. This stripe with border shall be placed horizontally on each sleeve of the uniform coat, with an identical stripe with border placed vertically from the waist-band to cuff on outer seam of each pants leg. Additionally, an identical stripe with border shall be placed horizontally on all uniform caps.

(b) The addition of a distinctive shoulder patch on the upper left shoulder shall indicate "Metropolitan Police Department" and "District of Columbia" with an appropriate design of the nation's capital as approved by the Uniform Board. Also separate gold collar insignia shall be worn on the uniform coat, or shirt to designate assignment within the department.

(c) The addition of a "Sam Brown Belt" to the sergeants' and officers' uniform coat will be of such design as approved by the Uniform Board.

601.9 The Identification Name Plate Bar shall be worn at all times by members of the force while in uniform. It shall be worn on the right breast, centered one-fourth inch (1/4") above the top seam of the pocket or immediately above the Civil Disturbance Unit Bar. When worn on the reefer, it shall be worn on the right breast at the same height and approximately the same position as the badge; when worn with the Civil Disturbance Unit Bar, it shall be placed immediately above the Civil Disturbance Unit Bar.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 602 RESERVED

6-A DCMR § 603 RESERVED

6-A DCMR § 604 RESERVED

6-A DCMR § 605 UNIFORMS AND EQUIPMENT TO BE RETURNED TO PROPERTY DIVISION

605.1 Upon removal, resignation, or granting of leave without pay for a period exceeding thirty (30) days of any member of the force, he or she shall, at the expiration of his or her last active tour of duty, deliver to his or her commanding officer his or her service revolver, identification card, badge, and cap plates. He or she shall also deliver all other articles of uniform and equipment in a clean and sanitary condition to the Property Division and the Chief of Police is hereby directed to withhold certification of pay account of the member or members of the force until all those uniforms or articles of official equipment have been so delivered or properly accounted for.

605.2 Upon suspension of any member of the force, his or her commanding officer shall immediately take possession of revolver, identification card, badge, and cap plates, issued under the provisions of this chapter, and hold that equipment until final disposition of the charges for which that officer was suspended.

605.3 In the event of the death of any member of the force while in active service, the commanding officer of the district, bureau or division to which that member of the force is attached shall immediately take possession of all articles of uniform and official equipment provided at public expense and theretofore issued to that deceased member of the force.

605.4 When a member of the force leaves the service and fails to make proper accounting of articles of uniform and official equipment issued him or her while attached to that service, he or she shall be proceeded against under the provisions of the Code of Law of the District of Columbia.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A7 PRISONERS, BONDS, AND COLLATERAL

6-A DCMR § 700 PRISONERS

700.1 Prisoners shall be treated with consideration. Harsh, violent, or obscene language on the part of officers toward prisoners shall not be tolerated. The use of force beyond that necessary to maintain an arrest or restrain a prisoner may subject the offending officer to removal from the force.

700.2 Immediately upon an arrest being recorded at the station, inquiry shall be made of the prisoner as to the person or persons he or she wishes notified of his or her arrest, and the station clerk shall at once make every reasonable effort to communicate with such person or persons, except where that action might serve to defeat the ends of justice or entail expense to the District of Columbia.

700.3 The officer or officers responsible for an arrest shall be present in Court or before the United States Magistrate as the case may be to prosecute or to present evidence. An appropriate charge or charges shall be placed against the persons arrested before arraignment. Any officer who fails to be present in court to prosecute a case, or any member of the force receiving a message that a case has been set for trial and fails to promptly notify the witnesses of same shall be cited before the trial board.

700.4 Where the condition of a prisoner is such that it is difficult to determine whether he or she is ill or intoxicated, or when a prisoner is taken ill in a station, he or she shall be immediately conveyed to a hospital.

700.5 Female prisoners, subject to detention by the police, shall not be confined at police stations, but shall be immediately conveyed to the House of Detention; Provided, that no part of this section shall be held to apply to female prisoners under the age of eighteen (18) years, who shall be detained in accordance with the provisions of this manual. The House of Detention is maintained by the Department of Corrections for the detention of women over eighteen (18) years of age arrested by the police, held as witnesses, or held pending final investigation or examination.

700.6 No one except persons duly authorized shall be permitted to visit or converse with a prisoner while confined at a station house and, except as to members of the force and counsel for prisoners, the visit and conversation shall be in the presence and hearing of the officer in charge or an officer designated by him or her.

700.7 When an attorney visits a station for the purpose of interviewing a client who is being held as a prisoner, the client shall, if requested and if practicable, be brought from the cell room and afforded every reasonable opportunity for confidential consultation with the attorney, consistent with proper safeguards against escape or the commission of any unlawful act.

History

• AUTHORITY: Unless otherwise indicated the authority for this chapter is An Act, approved February 28, 1901 as amended by An Act, approved June 8. 1906.34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved, January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 701 RESERVED

6-A DCMR § 702 BONDS AND COLLATERAL

702.1 Officials or officers of the department assigned to duty as station clerks are authorized to receive cash bond or collateral for the appearance of defendants in court, and to determine eligibility for release under citation release program. Cash bond or collateral shall only be taken in the office of the station house, bureau, or division.

702.2 In cases where the amount of bond or collateral to be deposited for the appearance of a defendant in court is not fixed by court schedule listing as published by the Chief of Police, it shall be determined by analogy by the commanding officer of the district, bureau, or division to which the arresting officer is attached, or in his or her absence, by the officer in charge.

702.3 No member of the force or employee of the department shall, directly or indirectly, by inference or suggestion, or in any manner whatsoever, initiate a request for the services of a bondsman.

702.4 Commanding officers and persons in charge of district station houses or other places where prisoners are held in custody shall see that bondsmen, agents, clerks, or representatives of bondsmen strictly comply with the provisions of the District of Columbia Code. When the conditions set forth in the District of Columbia Code have been complied with, the bondsman or his or her authorized agent shall be permitted to see the prisoner concerned, but in no case shall a bondsman or his or her representative be permitted to enter the cell room or other room where prisoners are confined.

702.5 Station clerks shall, upon request, furnish to authorized persons, upon forms provided for the purpose, a transcript of a record of arrest, addressed to the clerk of the proper court, which transcript shall show the name of the prisoner, the time of arrest, and the nature of the charge, and shall contain any information of an extraordinary nature as should properly be in the possession of the clerk of the court to aid him or her in fixing adequate bond.

702.6 Upon presentation of the requisite order from the proper court to the effect that bond has been given for the appearance of a prisoner, or upon receipt of deposit of the requisite amount of collateral for the prisoner's appearance, the prisoner shall be immediately released and advised as to the time he or she is to appear. Except in cases in which defendants can elect to forfeit, defendants depositing collateral shall be advised it is for their court appearance.

702.7 The bond and collateral lists established by the Superior Court for the District of Columbia shall be strictly fulfilled by members of the force and no member shall accept or require greater or lesser collateral than that specified in these lists.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A8 CHIEF OF POLICE AND OTHER OFFICIALS

6-A DCMR § 800 CHIEF OF POLICE

800.1 The Chief of Police is the chief executive officer of the Metropolitan Police Department, and in the exercise of his or her powers and duties shall be subject to any orders, rules, and regulations as may from time to time be issued by the Mayor or Council of the District of Columbia, and he or she shall be responsible for the proper and efficient conduct, control, and discipline of the force.

800.2 The Chief of Police shall take any measures that will insure prompt and vigorous enforcement of all criminal statutes, laws, regulations, and ordinances, the enforcement of which come properly within the scope of the police function and power.

800.3 The Chief of Police shall promulgate all orders, rules and regulations of the Mayor or the Council which pertain to the work of the Metropolitan Police Department, and shall issue those instructions, and promulgate those orders, rules, and regulations, not inconsistent with law or with the overall D. C. Government policy, as he or she may deem proper in the exercise of his or her functions as chief executive of the department.

800.4 The Chief of Police shall, when necessary, immediately proceed to the scene of any riot, tumultuous assemblage, or other unusual occurrence and take command of the force and direct its efforts in the work at hand.

800.5 The Chief of Police shall expect from all members of the department unquestioned loyalty, unfailing energy, and strict obedience and shall take prompt action in vigorously prosecuting any member guilty of interfering with, or in any manner obstructing or attempting to obstruct, the orderly and efficient operation and conduct thereof.

800.6 The Chief of Police shall make a written report annually to the Mayor as to the operations of the department for the fiscal year ending September 30, and shall submit recommendations for improvements, together with estimates of the amounts necessary for its conduct and operation for the year subsequent to the date of the report. He or she shall make any other general and special reports as may be required.

800.7 Subject to applicable laws, rules, regulations, and orders of the Mayor or directives pursuant to orders of the Mayor, the Chief of Police shall have full power and authority over the department and all functions, resources, officials, and personnel assigned thereto.

800.8 The Chief of Police shall have the authority to change or modify organizational components within the department in conformance with sound principles of management and organization, and in conformance with applicable orders of the Mayor and D.C. Government policies.

800.9 The Chief of Police is authorized to change the geographical boundaries of the police patrol districts for the purpose of equalizing the workload among the various units of the Patrol Division and for the purpose of equalizing police services to various areas of the city.

800.10 The Chief of Police shall have the authority to develop, present, and justify departmental budget estimates.

800.11 The Chief of Police shall have authority to refer to a trial board for adjudication charges brought against any member of the department.

800.12 The Chief of Police shall have the authority to summarily suspend or order the suspension from duty of any member of the department for any misconduct and to handle disciplinary action in those cases where the severity of the charges does not necessitate trial board action.

800.13 The Chief of Police shall have the authority and responsibility necessary to effectively carry out the District of Columbia Government policy which requires its employees to pay all lawful claims and debts owed to the District of Columbia, Federal, State or local government and encourages employees to pay all legally incurred indebtedness to commercial establishments and individuals.

800.14 The Chief of Police shall have the authority to order and direct any instruction and training for and by the members of the force as he or she may deem necessary.

800.15 The Chief of Police shall have the authority to develop and propose any major programs and policies to the Mayor and the Council as are necessary to maintain a modem, efficient and effective police department.

800.16 The Chief of Police shall have the authority to plan and prescribe departmental policy within the limits of overall policy enunciated by the Mayor and the Council to include the coordination, direction and control of all Metropolitan Police programs, services, and operations.

800.17 The Chief of Police shall have the authority to advise and assist the Mayor and the Council on all District of Columbia matters relating to police service, responsibility and operation.

800.18 The Chief of Police shall have the authority to assign the Metropolitan Police Department Band to perform at municipal or civic functions and events.

800.19 The Chief of Police shall have the authority to approve all weapons to be used by members of the department.

800.20 The Chief of Police shall have the power to delegate authority and assign functions to officials and personnel of the department in such degree as in his or her judgment is necessary to establish and maintain efficiency and good administration.

History

• AUTHORITY: Unless otherwise indicated, the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No. 3 of the D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 801 RESERVED

6-A DCMR § 802 RESERVED

6-A DCMR § 803 RESERVED

6-A DCMR § 804 PROPERTY CLERK

804.1 An official of the Metropolitan Police Force shall be designated as property clerk of the department. In his or her absence, an official assigned to his or her command, or any other official as the Chief of Police may designate shall perform the duties of the property clerk.

804.2 As property clerk, he or she shall strictly comply with the requirements of existing law and particularly with D.C. Official Code §§ 4-152 to 4-167 which pertain to the conduct of his or her office.

804.3 All property found in the possession of prisoners claimed to be proceeds of crime, and for which there is a lawful claimant, or which is to be used as evidence in court such as stolen articles or money, weapons, and the like shall be taken to the Superior Court with the prisoner, the claimant, if any, and duly prepared return. Immediately after the preliminary hearing the property shall be delivered forthwith to the property clerk for receipt and registry. After action on the case has been finally completed by the court, the property clerk shall dispose of that property according to law.

804.4 The property or money of a person who dies in the District of Columbia, upon the determination of the district commander that the property or money is without adequate protection, shall, at his or her direction, be taken into the possession of a member of the police force and delivered to the property clerk of the Metropolitan Police Department; and the property clerk shall hold, and at the proper time, dispose of the property or money as provided by law.

804.5 Except in cases of crime, fowl, and small animals abandoned or found astray shall be considered as perishable, and as other perishable property, may be sold at once under the direction of the property clerk, and the net proceeds thereof duly returned to him or her.

804.6 The property clerk shall make a report to the Chief of Police at the end of each fiscal year showing the business transacted by his or her office.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A DCMR § 805 CUSTODY AND NOTICE REGARDING PROPERTY IN POLICE POSSESSION PURSUANT TO §§ 408 THROUGH 424 OF THE REVISED STATUTES OF THE DISTRICT OF COLUMBIA, D.C. OFFICIAL CODE § 5-119.01 (2001) ET SEQ., AND THE D.C. UNIFORM CONTROLLED SUBSTANCES ACT, D.C. OFFICIAL CODE § 48-901.02 (2001)

805.1 The Property Clerk shall be the custodian of all property seized by or coming into the possession of the Metropolitan Police Department.

805.2 Each law enforcement officer shall include in a PD 81 relating to property seized pursuant to law a statement of the evidence showing that the property is subject to seizure.

805.3 When the Property Clerk determines that property other than controlled substances is subject to forfeiture, the Property Clerk shall, when appropriate:

(a) By publication once a week for two (2) successive weeks in a local newspaper of general circulation, give notice of the seizure or custody of the property and the Property Clerk's intention to forfeit and sell or otherwise dispose of the property; and

(b) Provide written notice of the seizure or custody and information on the procedures for claiming the property, including any requirement for a bond and a preliminary determination as to the amount of the bond, to each person or entity who is known or in the exercise of reasonable care should be known by the Property Clerk to have a right of claim to the property.

805.4 The Property Clerk shall send the notice required by § 805.3(b) by registered or certified mail, return receipt requested, to the last known or discoverable address of each claimant.

History

• AUTHORITY: Unless otherwise provided, the authority for sections 805 through 810 is pursuant to Mayor’s Order’s 89-170 and 90-71 in accordance with D.C. Official Code § 5-119.01 (2001) et seq. and D.C. Official Code § 48-901.02 (2001).
• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A DCMR § 806 CLAIMS FOR PROPERTY IN POLICE CUSTODY PURSUANT TO THE D.C. UNIFORM CONTROLLED SUBSTANCES ACT, D.C. OFFICIAL CODE § 48-901.02 (2001), ET SEQ.

806.1 In order to be timely, a claim and appropriate bond (or an application for a waiver or a reduction of the bond), relating to property in police possession pursuant to the District of Columbia Controlled Substances Act of 1981, D.C. Official Code § 48-901.02 (2001) et seq., must be received by the Property Clerk within thirty (30) days of the date the return receipt is signed by the claimant or the claimant's agent.

806.2 Where no claimant is known or in the exercise of reasonable care should be known to the Property Clerk, or where the notice to a claimant is returned as undeliverable, a claim shall be considered timely if the claim and a bond (or an application for a waiver or a reduction of the bond) are received by the Property Clerk within thirty (30) days of the date of the publication of the second notice under § 805.3(a).

806.3 The bond that a claimant is required to file in connection with the submission of a claim shall be in the amount of two thousand five hundred dollars ($2,500) or tenpercent (10%) of the fair market value of the claimed property, whichever is lower, but shall not be less than two hundred fifty dollars ($250). The Property Clerk shall determine the fair market value of the property, but in doing so shall consider any verifiable and reasonable evidence of fair market value the claimant may present.

806.4 The bond shall be with a surety acceptable to the Property Clerk, and shall be conditioned that, in case of forfeiture of the claimed property, the surety shall pay all the costs and expenses of the forfeiture proceedings, up to the limit of the bond.

806.5 An unsuccessful claimant shall be liable for all costs and expenses of the forfeiture proceedings not covered by the bond.

806.6 In determining whether a claimant is financially unable to give any bond or to give a bond in the required amount, the Property Clerk may require a claimant to submit documentary evidence of such inability, including copies of a claimant's Federal and District of Columbia tax returns for the previous three (3) years.

806.7 Upon a proper showing of a claimant's financial inability to give any bond or to give a bond in the required amount, the Property Clerk shall waive or reduce the bond, as appropriate.

History

• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A DCMR § 807 DISPOSITION OF PROPERTY IN POLICE CUSTODY

807.1 If a claim and bond (or an application for waiver or reduction of the bond) are not timely filed with the Property Clerk, and the property has a value of less than two hundred fifty thousand dollars ($250,000) or is a conveyance subject to forfeiture under D.C. Official Code § 48-905.02 (2001), the Property Clerk shall declare the property forfeited and shall dispose of the property in accordance with applicable law.

807.2 If at any time the Property Clerk determines that property seized or in custody is not subject to forfeiture, the Property Clerk shall return the property to its rightful owner.

807.3 Before returning the property to its rightful owner pursuant to its rightful owner pursuant to § 807.2, the Property Clerk shall obtain the certification of the United States Attorney for the District of Columbia or the D.C. Corporation Counsel that the property is not needed as evidence in the prosecution of a crime.

807.4 The Property Clerk shall forward the appropriate documents to the Corporation Counsel for the institution of judicial forfeiture proceedings if:

(a) The Property Clerk determines that the forfeitable property has a value of two hundred fifty thousand dollars ($250,000) or more;

(b) A claim and bond for the forfeitable property have been duly filed, or the Property Clerk has waived the bond; or

(c) Otherwise required by law.

807.5 If property seized or in custody is liable to perish, waste, or be greatly reduced in value by the keeping, or the expense of keeping is disproportionate to the value of the property, the Property Clerk may entertain telephonic bids or sell to a buyer without considering competing bids, if reasonably necessary to maximize the proceeds from the sale of the property.

807.6 When other circumstances justify immediate disposition, or when a sale by any means is either impractical or would be contrary to the public interest, the Property Clerk may dispose of the property in any reasonable manner, including, but not limited to, destruction, storage, or donation to a non-profit organization.

807.7 If the property is sold prior to the publication and notice required by §§ 805.3 and 805.4, the Property Clerk shall hold the proceeds of the sale in escrow pending the expiration of the time during which a claim may be filed. If a claim and bond are duly filed (or if the Property Clerk has waived the bond), the Property Clerk shall forward the claim to the Corporation Counsel and shall continue to hold the proceeds of the sale in escrow pending resolution of the claim.

807.8 If a claim to property sold pursuant to §§ 807.5 or 807.6 is successful, the amount realized by the sale shall be presumed to provide adequate compensation for the seizure of the property unless the claimant demonstrates that the proceeds of the sale were grossly inadequate under the circumstances.

History

• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A DCMR § 808 AUCTION SALES OF FORFEITED PROPERTY

808.1 Unless the Property Clerk has determined to the contrary (pursuant to §§ 807.5, 807.6 or 810), the Property Clerk shall make all appropriate arrangements for public auction of forfeited property.

808.2 The Property Clerk shall advertise the date, time, and place of the auction in a local newspaper of general circulation no later than two weeks before the auction.

808.3 The Property Clerk shall separate or group items into numbered lots and each lot may consist of one or more items.

808.4 The advertisement required by § 808.2 shall set forth a location, date, and period of time that items may be inspected by the public prior to the auction.

808.5 The Property Clerk shall auction items by lot in sequence and shall sell each lot to the highest bidder.

808.6 The proceeds from auction sales shall be the net amount received from such sales after deducting all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs. When appropriate, an indirect cost rate may be assessed against the gross amount received in lieu of calculating specific expenses of the forfeiture and sale process.

History

• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A DCMR § 809 REMISSION OR MITIGATION OF FORFEITURE

809.1 A person who has an interest in property forfeited pursuant to D.C. Official Code § 48-905.02 (2001), may file with the Chief of Police, either before or after the sale or disposition of the forfeited property, a petition for remission or mitigation of the forfeiture.

809.2 A petition for remission or mitigation shall include the following:

(a) A complete description of the property, including motor and serial numbers, if any;

(b) The date and place of the seizure;

(c) The petitioner's interest in the property, which shall be supported by bills of sale, contracts, mortgages, or other satisfactory documentary evidence; and

(d) The facts and circumstances, to be established by satisfactory proof, relied upon by the petitioner to justify remission or mitigation.

809.3 The Chief of Police, with the advice of the Corporation Counsel, shall remit or mitigate forfeiture, upon terms and conditions as the Chief of Police deems reasonable, if the Chief of Police finds:

(a) That the forfeiture was incurred without willful negligence on the part of the petitioner or without any intention on the part of the petitioner to violate the law; or

(b) That mitigating circumstances justify remission or mitigation of the forfeiture.

809.4 Mitigating circumstances that the Chief of Police shall consider pursuant to §809.3(b) shall include, but not be limited to, the following:

(a) The excusable inability of the petitioner to respond to the notice of seizure or to file a timely claim;

(b) The seasonableness of the filing of the petition for remission or mitigation;

(c) The absence by the petitioner of knowledge of or responsibility for the underlying criminal conduct;

(d) The degree of involvement by the petitioner in the underlying criminal conduct;

(e) The extent of the petitioner's cooperation in the investigation of the underlying criminal conduct;

(f) The seriousness of the charges relative to the value of the property seized; and

(g) The degree of hardship the petitioner or the petitioner's family would suffer if the petition for remission or mitigation were denied.

809.5 The burden of proof that a petition for remission or mitigation should be granted shall rest with the petitioner.

History

• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A DCMR § 810 RETENTION OF PROPERTY FOR OFFICIAL USE

810.1 The Chief of Police may retain any forfeited or unclaimed tangible property for official use by any unit of the Metropolitan Police Department.

810.2 Any property not retained by the Chief of Police for official use by the Metropolitan Police Department shall, within (sixty) 60 days after forfeiture has been completed, be catalogued and referred to the Director of the Department of Administrative Services (DAS) for appropriate action.

810.3 When any item of property has been catalogued by the Chief of Police and has not been claimed for official use by the Director, DAS, or an authorized agency head within sixty (60) days, the Chief of Police may proceed to dispose of the property by auction in the usual manner.

810.4 Property in classifications not appropriate for official use, such as jewelry, liquor, and clothing, shall be sold at auction.

810.5 When property ceases to be suitable for official use, it shall be disposed of in accordance with appropriate regulations of the District of Columbia.

810.6 No forfeited cash, nor any proceeds from sales of forfeited property, may be transferred to, or retained by, any agency of the District of Columbia Government contrary to Federal laws governing the disposition of forfeited property.

History

• AUTHORITY : Unless otherwise indicated, the authority for amendments to sections 805 through 810 is pursuant to Mayor’s Order’s 89-170 and 90-71 in accordance with D.C. Official Code § 4-152 et seq. and D.C. Official Code § 33-501. HISTORICAL NOTE: Law 7-49 was introduced in Council and assigned Bill No. 7-227, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 14, 1987 and September 29, 1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7-82 and transmitted to both Houses of Congress for its review.
• SOURCE: Final Rulemaking published at 38 DCR 1227 (February 22, 1991).

6-A9 GENERAL PRINCIPLES OF LAW

6-A DCMR § 900 WARRANTS

900.1 Any member of the police force may legally arrest without a warrant in the following cases:

(a) When a felony has been committed or when the officer has reason to believe that a felony has been committed, whether in his or her presence or not, and the officer in good faith has reasonable grounds for believing from facts within his or her knowledge or from facts communicated to him or her by a reliable informant that the person to be arrested has committed the felony; or

(b) For breaches of the peace, such as assaults and batteries, affrays, riots, unlawful assemblies, and forcible entry and detainer, committed in his or her presence, and for all violations of municipal ordinances or police regulations when committed in the presence or view of the officer.

900.2 A vague belief in the officer's mind, suggested by his or her own thoughts, is under no circumstances, probable cause. There should be reasonable grounds for suspicion, supported by circumstances sufficient to warrant a cautious man to believe that the party is guilty of the offense. Arrests shall not be made for investigation.

900.3 A police officer may legally break and enter a building to make an arrest without a warrant where all of the following circumstances exist:

(a) When a felony has been committed or when he or she has probable cause to believe that a felony has been committed;

(b) When he or she has probable cause to believe that the person believed to have committed the felony is within the building involved;

(c) After he or she has identified himself or herself, stated the nature of his or her business, demanded entrance and entrance has been refused; and

(d) Where the circumstances of the case are such that to attempt to secure a warrant would, in all probability, enable the person believed to have committed the felony to flee and prevent the officer from making the arrest. In all cases where it is possible for the officer to secure a warrant he or she shall do so before attempting to break and enter and arrest without a warrant.

900.4 Knowledge of the fact that a warrant has been issued and is in the possession of the department for service is sufficient to authorize an officer who does not have the warrant with him or her to make an arrest for any offense, felony or non-felony. If the officer does not have the warrant in his or her possession at the onset of arrest, he or she shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. Upon request the officer shall show the warrant to the defendant as soon as possible.

History

• AUTHORITY: Unless otherwise indicated, the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972).

6-A10 DISCIPLINARY PROCEDURES

6-A DCMR § 1000 RULES OF PROCEDURES BEFORE POLICE TRIAL BOARDS

1000.1 The Chief of Police shall cause the chairperson of the concerned trial board to be notified of the pendency of a trial; and the chairperson shall be responsible for the convening of the trial board.

1000.2 No member of the force (except probationers) shall be dismissed from office except upon written charges preferred against him or her in the name of the Chief of Police and after an opportunity shall have been afforded him or her of being heard in his or her defense. No person so removed shall be reappointed to any office within the force.

1000.3 Complaints alleging police harassment, excessive use of force, or use of language likely to demean the inherent dignity of any person to whom it was directed and to trigger disrespect for law enforcement officers initiated by any person other than the Mayor or a member of the force, shall be resolved pursuant to the District of Columbia Civilian Complaint Review Board Act of 1980.

1000.4 When a formal charge is preferred, a copy of that charge, with full specification, shall be served upon the accused at least five (5) days, exclusive of Sundays and legal holidays, before the day of the trial.

1000.5 The charges and specifications shall be numbered in order and shall set forth clearly the charge which the accused is called upon to answer. The Letter of Notice shall include only the principal charge which is the basis for the trial board action.

1000.6 An accused member of the force shall have the right to be defended by counsel and to bring witnesses and any complaining witness may be represented by counsel, as the board may determine; Provided, that- when a member of the force is to be represented by counsel before the trial board, he or she shall notify the chairperson of the trial board twenty-four (24) hours in advance of the date the case is set for trial.

1000.7 If a continuance of a hearing is desired, the accused shall make application therefor to the chairman of the trial board in writing at least twenty-four (24) hours prior to the time set for the hearing.

1000.8 A challenge to any member of a police trial board shall be made to the chairperson thereof at least twenty-four (24) hours before the date set for trial. The challenge shall be in writing and set forth specific reasons for the challenge. The remaining member or members of the board shall decide whether the challenge is justified. Any member of the board challenged shall, if the remaining member or members of the board deem it necessary, answer in writing the charges contained in that challenge.

1000.9 If the accused member desires that witnesses, books, records, papers or documents be subpoenaed for use in his or her defense at a hearing before a trial board, he or she shall notify the chairperson of that trial board seventy-two (72) hours in advance of the date the case is set for trial.

1000.10 The board shall at all times require respectful conduct on the part of any and all persons in attendance, shall enter into no arguments over this question, but shall make a record of its action in any case and may clear the courtroom at any time if that course becomes expedient.

1000.11 Attending counsel shall be governed by the rulings of the board on all questions at issue in the taking of testimony or submitting of evidence, but may have exceptions noted to rulings of the board.

1000.12 At its discretion, the board may revoke the privilege extended for the attendance of any counsel during a hearing for sufficient cause, but that action shall in no way prevent the accused or a complaining witness from substituting other counsel.

1000.13 Any member of the force cited to appear before a trial board shall be present in person on the date and at the time set for the hearing, and then and there be governed by the action of the board as to whether the case or cases shall be taken up or continued, unless the member shall have the written consent of the chairperson of the trial board, excusing him or her from attendance at the stated time.

1000.14 When a member of the force has been cited before a trial board, either as defendant or witness, he or she shall not be excused from attendance on account of sickness, except upon presentation of a certificate from a member of the Board of Surgeons setting forth the fact that he or she is unable to attend.

1000.15 All trial board cases shall be stenographically recorded and transcribed in case of appeal.

1000.16 When an accused member of the force has refused to accept services of charges, a plea of "not guilty" shall be entered and the board shall proceed with the hearing and determination of the case.

History

• AUTHORITY: Unless otherwise indicated, the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).
• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7,1972), as amended by § 10(f)(1) of the District of Columbia Civilian Complaint Review Board Act of 1980, D.C. Law 3-158, 27 DCR 5127, 5143 (November 21, 1980).

6-A DCMR § 1001 INVESTIGATIONS AND FINDINGS

1001.1 The Board shall investigate all cases clearly and justly any one of the members shall ask questions as may suggest themselves to the charge as specific looking to that end and require a positive and direct answer thereto.

1001.2 The trial board shall forward to the Chief of Police its findings and recommendations, together with the papers in each case, and at the same time shall notify the accused of its finding, and the fact that the notification has been sent shall be included in the report of the board.

1001.3 The findings of a trial board shall be final and conclusive unless an appeal is taken therefrom in writing to the Mayor within five (5) days, exclusive of Sundays and legal holidays, after notice is sent.

1001.4 If an appeal is taken, a copy of the findings, all records, and a complete transcript of the hearing shall be forwarded to the Mayor within sixty (60) days after notice of findings is sent.

1001.5 Upon receipt of the trial board’s finding and recommendations, and no appeal to the Mayor has been made, the Chief of Police may either confirm the finding and impose the penalty recommended, reduce or increase the penalty, or may declare the board’s proceedings void and refer the case to another regularly appointed trial board.

1001.6 The fact that a member of the force has been charged with and is awaiting trial for a criminal offense involving matters prima facie prejudicial to the reputation and good order of the force, in this or any other jurisdiction, shall not be a bar to his or her immediate trial by a police trial board.

1001.7 Three convictions before trial boards or any summary hearing as authorized by the Mayor, or both, within a period of twelve (12) months upon charges involving violations of rules and regulations of the department shall prima facie evidence of inefficiency. Commanding officers shall, upon the third conviction within a period of twelve (12) months of any member of the their command, either submit a report recommending to the Chief of Police that the officer be cited before a police trial board for inefficiency, or submit a report giving the reasons why the officer should not be cited on the charge of inefficiency.

History

• SOURCE: Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7,1972), as amended by § 10(f)(2) of the District of Columbia Civilian Complaint Review Board Act of 1980, D.C. Law 3-158, 27 DCR 5127, 5143 (November 21, 1980); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 1001

6-A11 SPECIAL POLICE

6-A DCMR § 1100 APPOINTMENT: GENERAL PROVISIONS

1100.1 Special police officers may be appointed by the Mayor for duty in connection with the property of or under the charge of a corporation or individual requesting the appointment or appointments.

1100.2 Special police officers appointed pursuant to § 1100.1 shall be strictly confined in their authority to the particular place or property which they are commissioned to protect.

1100.3 Commissions issued to special police officers shall specify the following information:

(a) The particular place or property they are commissioned to protect;

(b) Any waiver of the uniform requirement; and

(c) In the case of §1101.2, any requirement for storage or special provisions for transportation of firearms or other dangerous weapons.

1100.4 The Mayor is empowered by law to appoint any number of special privates for duty in connection with any emergency, such as riot or pestilence, or during any day or days of public election, ceremony, or celebration, the authority of privates so appointed being general.

1100.5 Each appointment of a special police officer shall be made for a specified time, and no person appointed shall legally exercise any authority conferred by that appointment after the date of expiration of that appointment.

1100.6 Special police officers appointed under the provisions of either §1100.4 or §1100.5 shall be amenable to the rules laid down for the government of the Metropolitan Police Force in so far as those rules are applicable.

1100.7 No person shall be appointed as a special police officer under the Act of March 3, 1899 (D.C. Official Code §4-114) (1981) or R.S.D.C. No. 378 and 379, June 11, 1878 (D.C. Official Code § 4-130) (1981) unless he or she meets the following requirements:

(a) Have reached the age of twenty-one (21) years;

(b) Be a citizen of the United States;

(c) Be of good moral character;

(d) shall be approved for appointment by the Chief of Police, shall possess a high school diploma or a general equivalency diploma, or one year of experience as a special police officer in the District of Columbia, shall be able to read, write, and speak the English language, and shall be certified by a licensed physician as physically and psychologically fit to perform the duties of a special police officer.

(e) An applicant who has been dishonorably discharged from the military shall be ineligible to be commissioned as a special police officer.

(f) Special police officers shall be required to satisfactorily complete pre-assignment, onthe-job, and in-service training programs which have been prescribed and approved by the Mayor.

(g) Pre-assignment training shall include at least sixteen (1 6) hours of training on arrest powers, search and seizure laws, the District of Columbia Official Code, and the use of force. Pre-assignment training shall include an additional twenty-four (24) hours of training generally relating to the special police officer's duties and specifically including:

(1) Terrorism awareness, including building evacuation, unattended packages, and unknown substances;

(2) Emergency procedures, including evacuation and first-aid; and

(3) Customer service and interaction with tourists.

(h) Special police officers shall satisfactorily complete a 16-hour, on-the-job training course within ninety (90) working days following employment, and an 8-hour annual in-service training course.

(i) Special police officers shall also satisfy all additional initial and re-qualification training standards for firearms and other equipment, as applicable.

(j) Nothing herein shall be construed to prohibit a security agency from voluntarily providing training programs and courses which exceed the minimum requirements of this chapter. Upon satisfactory completion of a required training course, a special police officer shall receive from his or her employer a certificate evidencing satisfactory completion thereof.

History

• AUTHORITY: Unless otherwise provided, the authority for this chapter is an Act approved March 3, 1899, 30 Stat. 1057, Ch. 422 (D.C. Official Code § 4-114)(1981, sections 1 through 5 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 19, 1948.
• SOURCE: Regulation No. 72·2 approved January 14, 1972 18 DCR 417 (February 7, 1972); as amended by Act of 2006, D.C. Act 16-465, 53 DCR 6722, 6745 (August 18, 2006).

6-A DCMR § 1101 APPOINTMENT: SECTION 4-114 APPOINTMENTS

1101.1 For the purposes of this section, "§4-114 of the D.C. Official Code" refers to D.C. Official Code §4- 114 (1981).

1101.2 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), to protect the property of one person or corporation at one location, which shall be specified on the face of the commission issued to those special police officers.

1101.3 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), to protect the property of one person or corporation located in various sections of the District of Columbia and in more than one police district, and to protect money, securities, or other property being transported between the locations of the property of that person or corporation, or between those locations and certain banks or other depositories.

1101.4 All locations of property, banks, or other places pursuant to § 1101.2 shall be specified upon the face of the commission issued to those special police officers.

1101.5 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), to protect the property of a number of persons or corporations in one general area.

1101.6 The duties of the special police officers appointed pursuant to §1101.4 shall consist largely of periodically checking doors, windows, etc., in the nature of a "watchman". The names and addresses of the persons and the location of the property under the charge of each to be protected shall be specified upon the face of the commission issued to that special police officer.

1101.7 The property which any special police officer shall be appointed to protect pursuant to § 1101.4 shall be located within the geographical limits of one police district.

1101.8 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), if employed by one person or corporation whose business is that of collecting or transporting money, securities, or other property by contract for other persons or corporations.

1101.9 The locations of the places of business, warehouses or other buildings, banking or other institutions, from which collections are to be made or between which any money, securities, or other property is to be transported under the guard of special police officers pursuant to §1101.8 shall be specified upon the face of the commission issued to the special police officers.

1101.10 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), if employed by one person or corporation whose business is the protection of the property of others principally by electrical alarm systems.

1101.11 The locations of the properties or buildings protected pursuant to § 1101.10 and between which the special police officer may be required to operate pursuant to § 1101.10 shall be specified on the face of the commission issued to the special police officer.

1101.12 Special police officers may be appointed under the provisions of D.C. Official Code §4-114 (1981), if employed by the Government of the District of Columbia and if their duties require protection of the property or interests of the District of Columbia.

1101.13 The locations of the property or buildings of the District of Columbia to be protected pursuant to §1101.12, or the description of the interests of the District of Columbia, shall be specified on the face of the commission issued to those special police officers.

1101.14 No special police officer may, at the same time, hold a commission under more than one subsection of §§1101.1 through 1101.12.

1101.15 Commissions may be issued to special police officers under § 1101.5 to protect the property of persons or corporations within the geographical limits of more than one district, if the applicant for that commission has been previously commissioned as a special police officer for five (5) years next preceding January 1, 1949, and there were registered with the Chief of Police on December 31, 1948, the names of persons or corporations located in more than one police district whose property the special police officer was employed to protect.

1101.16 Each special police officer commissioned pursuant to § 1101.15 shall designate one police district as his or her "home district," and the other districts as “outside districts”. Each special police officer may continue to be commissioned to guard the property of persons and corporations in more than one district only so long as he or she shall be employed by the same persons or corporations outside the "home district" and within the "outside districts" which he or she shall designate. (Amended March 8, 1949, C.O. 820312)

History

• SOURCE: Section 6 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 19, 1948 as amended March 8, 1949.

6-A DCMR § 1102 CRIMINAL HISTORY

1102.1 No person shall be commissioned or employed as a special police officer, nor shall an existing special police officer have a commission renewed, until the Mayor has conducted a criminal history check of the applicant through the record systems of the Federal Bureau of Investigation and the Metropolitan Police Department

1102.2 An applicant shall be ineligible to be commissioned as a special police officer if that applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense in any jurisdiction that would be a crime of violence, as defined in D.C. Official Code § 23-1331(4), if committed in the District of Columbia.

1102.3 If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code § 23-1331(4), in any jurisdiction that would be a felony if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for 10 years following the applicant's release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.4 If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code §23-1331(4), or traffic offense, in any jurisdiction that would be a misdemeanor if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for 5 years following the applicant's release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.5 In evaluating an application for a special police officer commission, the Mayor shall also consider:

(a) An applicant's arrest history;

(b) An applicant's conviction history;

(c) Any court finding of an applicant's mental incompetence that has not been removed or expunged;

(d) An applicant's history of criminal traffic offenses;

(e) The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more duties or responsibilities of a special police officer;

(f) The time that has elapsed since the occurrence of the criminal offense or court finding of mental incompetence;

(g) The age of the applicant at the time of the occurrence of the criminal offense or court finding of mental incompetence;

(h) The frequency and seriousness of the criminal offense; and

(i) Any information produced by the applicant, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the criminal offense or court finding of mental incompetence.

1102.6 If a special police officer is arrested, the special police officer shall report the arrest to the Mayor within two (2) business days. The commission of such special police officer shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition. If a special police officer fails to report an arrest as required, the special police officer's commission shall be summarily revoked.

1102.7 The Mayor shall conduct random criminal history checks of special police officers through the record systems of the Metropolitan Police Department. The commission of any special police officer whose record indicates an unreported arrest or conviction shall be summarily revoked, and the security agency shall be notified of such revocation immediately. The commission of any special police officer whose record indicates an outstanding warrant shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition.

1102.8 Notwithstanding any other law or regulation, the information obtained from criminal history checks conducted pursuant to this chapter and considered by the Mayor shall not be limited by the date of the offense nor shall the information obtained and considered be limited to arrests resulting in conviction.

History

• SOURCE: As amended by Act of 2006, D.C. Act 16-465, 53 DCR 6746-6747 (August 18, 2006).

6-A DCMR § 1103 RESTRICTIONS

1103.1 No person appointed as a special police officer under the provisions of D.C. Official Code §4-114 (1981), shall display a badge, a weapon, or other evidence of authority in any other place than the property of, or under the charge of, the corporation or individual upon whose account he or she was appointed and by whom he or she is paid, or, in the case of a special police officer whose commission extends to more than one person's or corporation's property, in any other place than the area or locations defined in his or her commission.

1103.2 Each person appointed as a special police officer under the provisions of D.C. Code § 4-114 (1981), shall carry a copy of his or her commission on his or her person when on duty, in uniform or armed.

1103.3 Firearms or other dangerous weapons carried by a special police officer on the premises designated on his or her commission shall be left on the premises, when that special police officer is not actually on duty, unless no adequate provisions for storage can be made as certified by the Chief of Police and noted on the commission.

1103.4 Firearms or other dangerous weapons carried by special police officers whose commissions extend to more than one person's or corporation's property, or more than one premises owned by one person or corporation, may be carried only when that special police officer is on actual duty in the area thereof or while traveling, without deviation, immediately before and immediately after the period of actual duty, between that area and the residence of that special police officer.

1103.5 Nothing in this chapter contained shall prevent a special police officer appointed under the provisions of D.C. Official Code § 4-114 (1981), from exercising his or her authority as a special police officer outside of the property or area he or she is appointed to protect when in fresh pursuit of a felon or misdemeanant from or immediately adjacent to the property or area to protect which he or she is commissioned.

History

• SOURCE: Sections 7, 8 and 9 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 8, 1948.

6-A DCMR § 1104 REVOCATION AND TERMINATION OF COMMISSION

1104.1 Except as otherwise provided in this chapter, the exercise of authority as a special police officer or the carrying or use of firearms, other dangerous weapons, or emblems of authority, shall be cause for immediate revocation of the commission of that special police officer, in addition to the penalties of any laws of the United States or the District of Columbia as maybe violated by his or her actions.

1104.2 Each special police officer appointed under the provisions of D.C. Official Code §4-114 (1981), shall, within twenty-four (24) hours after the expiration or revocation of his or her commission or upon the termination of his or her employment by the persons or corporations upon whose account he or she was appointed and by whom he or she is paid, deliver to the Chief of Police his or her badge, commission, or other emblem of authority, and upon his or her failure so to do, he or she shall, upon conviction thereof in the Superior Court for the District of Columbia, be punished by a fine or not more than three hundred dollars ($300).

History

• SOURCE: Sections 9 and 11 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 8, 1948.

6-A DCMR § 1105 APPLICATIONS

1105.1 Applications for the appointment of special police officer under the provisions of D.C. Official Code §4-114 (1981), except those seeking appointment under §1101.12 of this title, shall be made jointly in the names of the prospective special police officers and the names of the persons or corporations in connection with whose property of business the appointment is sought, upon forms supplied by the Chief of Police.

1105.2 The forms pursuant to §1105.1 shall contain an agreement by the employer applicants to notify the Chief of Police of any termination or change of the employment status of the prospective special police officer.

1105.3 Each application shall be accompanied by two dollars ($2) as a deposit for the badge to be issued in the event the Mayor issues a commission. This fee shall be returned to the applicant upon denial of the application or the return of the badge to the Chief of Police.

1105.4 Supplemental applications made jointly in the names of appointed special police officers and the names of persons or corporations the guarding of whose property or extension of whose business is sought to be added to the jurisdiction of a special police officer, and, in the case of special police officers appointed under §§1101.8 and 1101.10 of this chapter, the locations of additional places of business, warehouses, buildings, banks, and other addresses, between which such money, securities or other property is to be transported or protected, shall be made upon forms supplied by the Chief of Police, which shall contain similar agreements as those pursuant to §1105.2.

1105.5 Applications seeking appointment of a special police officer under §1101.12 or supplemental applications to enlarge the jurisdiction of a special police officer appointed under § 1101.12 shall be filed jointly in the names of the applicant or the appointee, as the case may be, and the head of the department or agency of the Government of the District of Columbia by which he or she is employed upon special forms supplied by the Chief of Police.

1105.6 Special police officers shall report to the Chief of Police within five (5) days after termination, the names of persons and corporations of locations or property specified on their commissions by whom they are no longer employed or which they no longer guard.

History

• SOURCE: Section 12 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 8, 1948.

6-A DCMR § 1106 SECURITY AGENCY RESPONSIBILITIES

1106.1 No investigation or commission under this chapter shall relieve any security agency or other employer of the duty to investigate and make its own determination of an applicant's suitability for employment as a special police officer.

1106.2 All security agencies and employers have an affirmative duty to supervise special police officers in their employ, and any attempt at a contractual limitation of liability shall be null and void.

1106.3 In all cases, the liability of the security agency or other employer for the acts of its employees shall be limited to those times when the employee is on duty and to those acts within the scope of the employee's assignment or employment.

1106.4 Failure of a private detective agency or security agency to properly supervise the activities of its employees is grounds for denial or suspension of the agency's license.

1106.5 Each special police officer applicant shall be required to pass a drug screening administered by the security agency or employer upon initial application and upon application for commission renewal.

1106.6 Special police officers shall be subject to reasonable suspicion drug and alcohol testing by the security agency or employer.

1106.7 Security officer agencies or employers shall immediately notify the Mayor of any unexplained positive tests.

1106.8 The commission of a special police officer who fails a reasonable suspicion drug or alcohol test shall be summarily revoked.

History

• SOURCE: As amended by Act of 2006, D.C. Act 16-465, 53 DCR 6746-6747 (August 18, 2006).

6-A DCMR § 1107 TRAINING

1107.1 Special police officers shall be required to satisfactorily complete pre-assignment, on-the-job, and in-service training programs which have been prescribed and approved by the Mayor.

1107.2 Pre-assignment training shall include at least sixteen (16) hours of training on arrest powers, search and seizure laws, the District of Columbia Official Code, and the use of force. Pre-assignment training shall include an additional twenty-four (24) hours of training generally relating to the special police officer's duties and specifically including:

(a) Terrorism awareness, including building evacuation, unattended packages, and unknown substances;

(b) Emergency procedures, including evacuation and first-aid; and

(c) Customer service and interaction with tourists.

1107.3 Special police officers shall satisfactorily complete a 16-hour, on-the-job training course within ninety (90) working days following employment, and an 8-hour annual in-service training course.

1107.4 Special police officers shall also satisfy all additional initial and re-qualification training standards for firearms and other equipment, as applicable.

1107.5 Nothing herein shall be construed to prohibit a security agency from voluntarily providing training programs and courses which exceed the minimum requirements of this chapter. Upon satisfactory completion of a required training course, a special police officer shall receive from his or her employer a certificate evidencing satisfactory completion thereof.

History

• SOURCE: Section 205 of the Enhanced Professional Security Amendment Act of 2006, D.C. Act 16-465, 53 DCR 6722, 6745 (August 18, 2006). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 1107

6-A DCMR § 1108 DURATION

1108.1 A commission as a special police officer under the provisions of D.C. Official Code §4-114 (1981), shall be for one (1) year or less in the discretion of the Mayor.

1108.2 The order of the Mayor directing the issuance of a commission shall not be transmitted to the applicant, but shall be directed to the Chief of Police, ordering him or her to issue the commission in the name of the Mayor upon a form to be approved by the Mayor.

1108.3 The form to be approved pursuant to §1108.2 shall contain the following information:

(a) Space for the entry of the information required by this chapter; and

(b) Shall have printed on the reverse side of the form the provisions of this chapter of the Manual of Rules and Regulations of the Metropolitan Police Department and the substance of the provisions of D.C. Official Code §4-117 (1981), with reference to special police officer.

1108.4 The commission shall be made out in duplicate, the original delivered to the special police officer appointed, and the copy retained in the files of the Chief of Police with the endorsement on that copy that the applicant has received the original and agrees to its terms.

History

• SOURCE: Section 13 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 8, 1948.

6-A DCMR § 1109 UNIFORMS

1109.1 Unless, for good cause shown, the wearing of a uniform is specifically waived upon the face of the commission by the Chief of Police, special police officers shall, while on duty, wear distinctive uniforms.

1109.2 On or after September 1, 1949, on each uniform for special police officers, there shall be sewn on each sleeve of the uniform blouse, coat, or shirt (if worn without blouse) distinctive shoulder patches, the top to be two inches (2") below the shoulder.

1109.3 The distinctive shoulder patches required pursuant to § 1109.2 shall conform to the following requirements:

(a) Be of a different shade from the color of the uniform to which it is attached;

(b) Be circular in shape and at least five inches (5") in diameter; and

(c) Carry thereon in two (2) lines in suitable contrasting colors the words "SPECIAL POLICE" in letters not less than one-half inch (1/2") high in the center of the circle, together with the name or abbreviation of the employer of that special police officer.

1109.4 Special police officers employed by the Government of the District of Columbia may wear a four inch (4") half-circle patch, carrying thereon in one semicircular line the words "SPECIAL POLICE," in letters not less than three-eighths inch (3/8") high at the top of the half-circle, Provided, Further, that special police officers under the control of the Department of General Services may wear distinctive 4 ¾ x 3 ¾ blue and gold patch carrying the words “DISTRICT OF COLUMBIA PROTECTIVE SERVICES’.

History

• AUTHORITY: Unless otherwise indicated, the authority for provision 1109.4 is pursuant to An Act, effective June 4, 1982, District of Columbia Protective Services Police Identification Act of 1982, D.C. Law 4-115.
• SOURCE: (The Act) District of Columbia Protective Services Police Identification Act of 1982 is published at 29 DCR 2522, (June 18, 1982). 1109.5 REPEALED 1109.6 On or after September 1, 1949, uniforms of special police officers shall be furnished with nickel plated or comparable buttons and the use of brass or yellow buttons is prohibited, except that the sergeants, lieutenants, captains, and the Chief of the District of Columbia Protective Services may wear gold buttons. 1109.7 Nickel plated or comparable buttons on the front of the uniform blouse or coast shall be at least seven-eighths inch (7/8") in diameter and those buttons used elsewhere on the uniform shall be at least five-eighths inch (5/8") inch in diameter. Those buttons may bear on the face thereof the letters "SP" or the letter "P."
• SOURCE: Section 14 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 19, 1948, as amended by Order of the Board of Commissioners approved September 9, 1952 and § 2 of the District of Columbia Protective Services Police Identification Act of 1982, D.C. Law 4-115, 29 DCR 1701 (April 23, 1982).

6-A DCMR § 1110 DISCIPLINARY ACTION

1110.1 The Chief of Police shall report to the Mayor information supplied to him or her by the commanders of the several police districts concerning conduct of any special police officers which in his or her judgment requires disciplinary action.

History

• SOURCE: Section 15 of chapter 32 of the Manual of Rules and Regulations of the Police Department as approved by the Board of Commissioners on August 8, 1948.

6-A12 CAMPUS AND UNIVERSITY SPECIAL POLICE

6-A DCMR § 1200 APPOINTMENT: GENERAL PROVISIONS

1200.1 Campus and university special police officers may be appointed by the Chief of Police for duty in connection with the property of, or under the charge of, an academic institution of higher education requesting the appointment.

1200.2 Campus and university special police officers appointed pursuant to § 1200.1 shall be strictly confined in their authority to the particular place or property they are commissioned to protect.

1200.3 Commissions issued to campus and university special police officers shall specify the following information:

(a) The particular place or property they are commissioned to protect;

(b) Any waiver of the uniform; and

(c) In the case of § 1201.2, any requirement for storage or special provision for transportation of firearms or other dangerous weapons.

1200.4 Each appointment of a campus or university special police officer shall be made for a period of two (2) years.

1200.5 No person appointed as a campus or university special police officer shall legally exercise any authority conferred by that appointment after the date of expiration of that appointment.

1200.6 Upon termination of employment, the campus and university special police officer shall return the commission of authority to the issuing agency. In addition, campus and university special police officers commissioned to carry firearms shall submit annually a certification of annual firearms qualification to the Security Officers Management Branch, Intelligence Division and Metropolitan Police Department.

1200.7 Campus and university special police officers appointed under the provisions of § 1202.4 shall be subject to the rules promulgated for the Metropolitan Police Department insofar as those rules are applicable.

1200.8 No person shall be appointed as a campus or university special police officer under the an Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02 (2001), or section 6 of An Act providing a permanent form of government for the District of Columbia, approved June 11, 1878 (20 Stat. 107; D.C. Official Code § 5-129.03 (2001), unless that person meets the following requirements:

(a) Is at least twenty one (21) years old;

(b) Is a citizen of the United States;

(c) Is of good moral character;

(d) Is approved for appointment by the Chief of Police;

(e) Received one (1) week (40 hours) of indoctrination training prior to performing any patrol duties. In addition, armed campus and university special police officers must successfully complete a fifty-six (56) hour basic firearms course. The firearms training course shall include, but not limited to, lethal and non-lethal force, “shoot, don’t shoot”, and police liability. Armed campus and university special police officers are required to qualify with their firearms on a semi-annual basis; and

(f) Completes the Campus Law Enforcement Academy (250 hours) or an equivalent law enforcement academy within two (2) years of receiving a campus and university special police officer commission or has previously completed an equivalent law enforcement academy. Previous law enforcement or security training of two hundred and fifty (250) hours may be substituted to meet the requirements of this subsection.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1201 APPOINTMENT: SECTION 5-129.02 APPOINTMENTS

1201.1 For the purposes of this chapter, the term “D.C. Official Code § 5-129.02 (2001) refers to (An Act) making appropriates to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02) (2001).

1201.2 Campus and university special police officers may be appointed under the provisions of D.C. Official Code § 5-129.02 (2001) to protect the campus property of an academic institution of higher education. The term “campus” shall include any building or property owned or controlled by the academic institution of higher education.

1201.3 The duties of the campus and university special police officers appointed pursuant to § 1201.2 shall consist of integrating the principles of private and public policing and adapting them to the academic community. The names and addresses of the academic institution of higher education and the location of the property to be protected shall be specified upon the face of the commission issued to that campus or university special police officer.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1202 RESTRICTIONS

1202.1 No person appointed as a campus or university special police officer under the provision of D.C. Official Code § 5-129.02 (2001) shall display a badge, weapon, or other evidence of authority in any place other than the property owned by, or under the control of the academic institution of higher education upon whose account he or she was appointed and by whom he or she is paid.

1202.2 Each person appointed as a campus or university special police officer under the provisions of the D.C. Official Code § 5-129.02 (2001) shall carry his or her commission on his or her person when on duty, in uniform or armed.

1202.3 Firearms or other dangerous weapons carried by a campus and university special police officer on the premises for which he holds a commission shall be left on the premises when that officer is not actually on duty.

1202.4 Nothing contained in this chapter shall prevent a campus or university special police officer appointed under the provisions of D.C. Official Code § 5-129.02 (2001) from exercising his or her authority as an officer outside of the property or area he or she is appointed to protect when in fresh pursuit of a felon or misdemeanant from, or immediately adjacent to, the property or area to which he or she is commissioned to protect.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1203 REVOCATION AND TERMINATION OF COMMISSION

1203.1 Except as otherwise provided in this chapter, the exercise of authority as a campus or university special police officer in carrying or using other firearms, other dangerous weapons, or emblems of authority, in violation of §§1202.1, 1202.2 and 1202.3 shall be cause of immediate revocation of the commission of such officer, in addition to the penalties under any laws of the United States or the District of Columbia which may be violated by the campus or university special police officer.

1203.2 Within twenty-four (24) hours after the expiration or revocation of his or her commission or upon the termination of his or her employment by the academic institution of higher education, each appointed campus and university special police officer shall deliver to the Chief of Police his or her commission. Upon his or her failure to do so, he or she shall, upon each conviction thereof in the Superior Court of the District of Columbia, be punished by a fine of not more than three hundred dollars ($ 300).

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1204 APPLICATIONS

1204.1 Applications for the appointment of campus and university special police officers shall be made jointly in the names of the prospective officers and the name of the academic institution of higher education or corporation representing the academic institution of higher education in connection with the campus for which the appointment is sought, upon forms supplied by the Chief of Police.

1204.2 The forms supplied pursuant to § 1204.1 shall contain an agreement by the academic institution of higher education to notify the Chief of Police of any termination or change in the employment status of the prospective campus or university special police officer.

1204.3 The form to be approved pursuant to the requirements of this chapter shall contain the following information:

(a) Space for the entry of the information required by this chapter; and

(b) Printing on the reverse side of the form indicating the provisions of this chapter in the Manual of Rules and Regulations of the Metropolitan Police Department and the substance of the provisions of D.C. Official Code § 5-129.02 (2001), with reference to campus and special police officers.

1204.4 The commission shall be made out in duplicate, with the original delivered to the campus or university special police officer appointed, an the copy retained in the files of the Chief of Police with the endorsement on that copy that the applicant has received the original and agrees to its terms.

1204.5 Campus and university special police officers shall report to the Chief of Police, within five (5) days after termination, the name of the academic institution of higher education specified on their commission at which are no longer be employed.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1205 DURATION

1205.1 A commission as a campus or university special police officer under the provisions of D.C. Official Code § 5-129.02 (2001) shall be effective for a period of two (2) years. Renewal of a commission for additional two (2) year periods may be made in the discretion of the Chief of Police.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1206 RESERVED

6-A DCMR § 1207 UNIFORMS

1207.1 Unless, for good cause shown, the wearing of a uniform is specifically waived upon the face of the commission by the Chief of Police, campus and university special police officers, while on duty, shall wear distinctive uniforms. A director of chief of a campus or university special police officer department shall have the authority to temporarily waived the uniform requirement for an employee of their department for a period not to exceed forty-eight (48) hours upon verbal approval by the Chief of Police and written authorization transmitted by facsimile.

1207.2 On each uniform for campus and university special police officers, there shall be sewn on the left sleeve of the uniform blouse, coat, or shirt (if worn without blouse) a distinctive shoulder patch, the top of which is to be two (2) inches below the shoulder.

1207.3 The distinctive shoulder patch required pursuant to § 1207.2 shall conform to the following requirements:

(a) Be of a different shade from the color of the uniform to which it is attached;

(b) Be at least three (3) inches in height and width; and

(c) Carry thereon in suitable contrasting colors the words “CAMPUS SPECIAL POLICE” or “UNIVERSITY SPECIAL POLICE” in letters not less than one half (1/2) inch high, together with the name or abbreviation of the employer of the campus and university special police officer.

1207.4 Campus and university special police officers employed by the government of the District of Columbia shall wear a four (4) inch half-circle patch, carrying thereon in one (1) semicircular line the words “SPECIAL POLICE”, “CAMPUS SPECIAL POLICE”, or “UNIVERSITY SPECIAL POLICE” in letters not less than three eighths (3/8) inch high at that top of the half-circle.

1207.5 Uniforms of campus and university special police officers shall be furnished with nickel-plated or comparable buttons. The use of brass or yellow button is prohibited, except that sergeants, lieutenants, and captains may wear gold buttons.

1207.6 Nickel-plated or comparable button on the front of the uniform or blouse or coat shall be at least seven-eighths (7/8) inch in diameter and buttons used elsewhere on the uniform shall be at least five-eighths (5/8) inch in diameter. The buttons may bear on their face the letters “CP” or the letter “P”.

History

• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A DCMR § 1208 DISCIPLINARY ACTION

1208.1 The District commanders shall report to the Chief of Police any information supplied to them by the patrol force of the several police districts concerning conduct by any campus or university special police force officer which, in the commander’s judgment, requires disciplinary action.

History

• AUTHORITY: Unless otherwise provided, the authority for provisions in this chapter in (An Act) “College and University Campus Security Amendment Act of 1995", approved July 25, 1995, D.C. Law 11-63 as amended by an Act approved June 8, 1906, 34 Stat.222, and para. 95 of § 402 of Reorganization Plan No. 3 of 1967, D.C. Official Code, Title 1 Appendix at (1973).
• SOURCE: (The Act) “College and University Campus Security Amendment Act of 1995", published at 42 DCR 4109 (August 11, 1995).

6-A20 SERVICE OF PROCESS

6-A DCMR § 2000 PURPOSE

PURPOSE

This chapter prescribes policies and procedures to be followed by any person seeking service of process upon members of the Metropolitan Police Department (Department) in connection with a legal matter arising out of the performance of their official duties for the Department.

These policies and procedures shall not apply to service of process for legal matters which do not arise out of a member’s performance of his or her official duties for the Department.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 58 DCR 5210 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772 (October 14, 2011).

6-A DCMR § 2001 NOTIFICATION OF SUBPOENAS

NOTIFICATION OF SUBPOENAS

A person seeking to serve a subpoena upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may request that the Department notify the member of the subpoena by transmitting via electronic mail the following documents to the Court Liaison Division:

(a) The subpoena; and

(b) Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the subpoena is being served, that the subpoena arises out of a legal matter concerning the member’s performance of his or her official duties.

The written certification shall include the following:

(a) The name of the case;

(b) The case number;

(c) The name of the member listed on the subpoena;

(d) A statement that the subpoena arises out of the member’s performance of his or her official duties; and

(e) The signature of the party or his or her attorney (if the party is represented) listed on the subpoena.

If a written certification does not accompany a subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

For purposes of identifying the proper member, the subpoena must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

If the member cannot be identified based upon the information provided in the subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

If the subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

(a) An explanation for the expedited request;

(b) Verification that the issuing attorney or party has contacted the member and the member has agreed to appear in response to the subpoena; and

(c) The signature of the party or his or her attorney (if the party is represented) issuing the subpoena.

If a subpoena requiring a member to appear or act in less than seven (7) calendar days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

If all prerequisites are met, the Court Liaison Division shall generate a notification through the Computer Assisted Notification System (CANS) of the name and number of the case; the date, time, location, and nature of the event (hearing, deposition, or trial); the name and contact information of the issuing attorney or party; and other relevant information contained in the subpoena, and shall transmit the notification electronically to the member.

Service of the subpoena notification shall be deemed complete when the member opens the electronic notice and acknowledges receipt of the notice.

Any applicable witness fee and/or voucher shall be presented to the member by the subpoenaing party and/or his or her attorney when the member appears pursuant to the subpoena.

A party or his or her attorney (if the party is represented) may contact the CANS coordinator of the Police District or organizational unit to which the member is assigned to ascertain whether a subpoena notification has been served upon a member.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 58 DCR 5210, 5213 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8773 (October 14, 2011).

6-A DCMR § 2002 NOTIFICATION OF SUMMONSES AND COMPLAINTS

NOTIFICATION OF SUMMONSES AND COMPLAINTS

A person seeking to serve a summons and complaint upon a member of the Department in connection with a civil lawsuit arising out of the performance of his or her official duties may request that the Department notify the member of the summons and complaint by transmitting via electronic mail to the Court Liaison Division:

(a) The summons and complaint; and

(b) Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the summons and complaint are being served, that the summons and complaint are connected with a civil lawsuit arising out of the member’s performance of his or her official duties.

The written certification shall include the following:

(a) The name of the case;

(b) The civil action number or case number;

(c) The name of the member listed on the summons and complaint;

(d) A statement that the summons and complaint arises out of the member’s performance of his or her official duties; and

(e) The signature of the attorney, or, if unrepresented, of the party listed on the summons and complaint.

If a written certification does not accompany a summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

For purposes of identifying the proper member, the summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

If the member cannot be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

If the member can be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall facilitate service of the summons and complaint by electronically transmitting such documents to the member within two (2) business days of receipt.

The named member may accept service of the summons and complaint and waive personal service by sending to the party or his or her attorney (if the party is represented) via first-class mail or other reliable means, a signed acknowledgment form within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division.

Service shall be deemed complete when the member mails or transmits through other reliable means the acknowledgement form to the party or his or her attorney (if the party is represented).

If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney (if the party is represented) within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division, the summons and complaint shall not be deemed served.

If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney within the requisite time, the member may be subject to personal service of process.

History

• Source: Notice of Emergency and Proposed Rulemaking published at 58 DCR 5210, 5213 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8774 (October 14, 2011).

6-A DCMR § 2003 PERSONAL AND SUBSTITUTE SERVICE OF PROCESS

PERSONAL AND SUBSTITUTE SERVICE OF PROCESS

Notwithstanding the notification provisions of this section, a party or his or her attorney (if the party is represented) may choose to effect personal service of process upon a member.

A member may appoint the head of the bureau to which the member is assigned to accept service of process on his or her behalf.

A person seeking to serve a subpoena or summons and complaint upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may inquire at the bureau to which the member is assigned, whether the member has appointed the Bureau Head thereof to accept service on his or her behalf.

If a member has appointed the head of the bureau to which he or she is assigned to accept service on his or her behalf, a person seeking to serve the member shall present to the Bureau Head:

(a) The subpoena or summons and complaint; and

(b) Written certification from the party or his or her attorney (if the party is represented) that the subpoena or summons and complaint arise out of a legal matter concerning the member’s performance of his or her official duties.

The written certification shall include the following:

(a) The name of the case;

(b) The case number;

(c) The name of the member listed on the subpoena or summons and complaint;

(d) A statement that the subpoena or summons and complaint arises out of the member’s performance of his or her official duties; and

(e) The signature of the party or his or her attorney (if the party is represented) listed on the subpoena.

If a written certification does not accompany a subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

For purposes of identifying the proper member, the subpoena or summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

If the member cannot be identified based upon the information provided in the subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

If a subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

(a) An explanation for the expedited request;

(b) Verification that the issuing attorney or party has contacted the member and the member has agreed to appear for the subpoena; and

(c) The signature of the party or his or her attorney (if the party is represented) issuing the subpoena.

If a subpoena requiring a member to appear or act in less than seven (7) calendar days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Bureau Head shall reject the subpoena.

If all prerequisites are met, the Bureau Head shall accept service of the subpoena or summons and complaint on behalf of the member and service on the member shall be deemed complete.

If a member has not appointed a Bureau Head to accept service of process on his or her behalf, the member shall make himself or herself available for service of process when physically at his or her unit and shall not attempt to evade service.

2003.13 If a member fails to make himself or herself available for service when physically at his or her unit or otherwise attempts to evade service, he or she may be subject to discipline.

History

• Source: Emergency and Proposed Rulemaking published at 58 DCR 5210, 5214 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8776 (October 14, 2011).

6-A21 THE POLICE COMPLAINTS BOARD AND THE OFFICE OF POLICE COMPLAINTS

6-A DCMR § 2100 SOURCE OF AUTHORITY

2100.1 The Police Complaints Board (the “Board” or “PCB”) and the Office of Police Complaints (“OPC”) were established on March 26, 1999 by the Council of the District of Columbia in the Office of Citizen Complaint Review Establishment Act of 1998 (the “Act”), D.C. Law 12-208, subsequently codified as Chapter 11 of Title 5 of the D.C. Official Code. D.C. Official Code §§ 5-1101 et seq., as amended. The Board is the governing authority of OPC and has power to promulgate rules implementing the provisions of the Act. D.C. Official Code § 5-1106(d).

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2100

6-A DCMR § 2101 SOURCE OF AUTHORITY

2100.1 The Police Complaints Board (the “Board” or “PCB”) and the Office of Police Complaints (“OPC”) were established on March 26, 1999 by the Council of the District of Columbia in the Office of Citizen Complaint Review Establishment Act of 1998 (the “Act”), D.C. Law 12-208, subsequently codified as Chapter 11 of Title 5 of the D.C. Official Code. D.C. Official Code §§ 5-1101 et seq., as amended. The Board is the governing authority of OPC and has power to promulgate rules implementing the provisions of the Act. D.C. Official Code § 5-1106(d).

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2100

6-A DCMR § 2102 THE POLICE COMPLAINTS BOARD

2102.1 The Board shall consist of five (5) residents of the District of Columbia, one of whom shall be a member of the MPD and four (4) of whom shall have no current affiliation with any law enforcement authority. Members of the Board shall be uncompensated and shall serve terms of three (3) years or until a successor has been appointed. A Board member may be reappointed, as provided by D.C. Official Code § 5-1104(b).

2102.2 The Board shall meet as frequently as it determines necessary, but it shall meet at least quarterly. Public notice of regular Board meetings and the location of the meetings shall be made in the D.C. Register and on the OPC website. Similar notice will be provided for any rescheduled or special meeting of the Board.

2102.3 All meetings of the Board shall be open to the public, unless the Board determines that the meeting, or portion thereof, should be closed. Closure is appropriate only when the matter subject to discussion would, if written, be exempt from disclosure under D.C. Official Code § 2-534. No resolution, rule, act, regulation, or other official action of the Board shall be effective unless taken, made, or enacted at an open meeting.

2102.4 A quorum for the transaction of business shall be three (3) members of the Board.

2102.5 An audio recording and minutes shall be kept for all such meetings and shall be made available to the public.

2102.6 The Board shall conduct periodic reviews of the citizen complaint review process, and shall make recommendations, where appropriate, to the Mayor, the Council, the Chief of MPD, and the Director of the District of Columbia Housing Authority ("DCHA Director") concerning the status and the improvement of the citizen complaint process. The Board shall, where appropriate, make recommendations to the above-named entities concerning those elements of management of the MPD affecting the incidence of police misconduct, such as the recruitment, training, evaluation, discipline, and supervision of police officers, as provided by D.C. Official Code § 5-1104(d).

2102.7 The Board may monitor and evaluate MPD’s handling of, and response to, First Amendment assemblies, as defined in § 5-333.02, held on District streets, sidewalks, or other public ways, or in District parks, as provided by D.C. Official Code § 5-1104(d-1).

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2102

6-A DCMR § 2103 THE OFFICE OF POLICE COMPLAINTS

2103.1 OPC shall be headed by an Executive Director, who is appointed by the Board to serve a term of three (3) years, or until a successor is appointed. An Executive Director may be reappointed. The Board may remove the Executive Director from office for cause.

2103.2 The Executive Director shall be an attorney who is an active member in good standing of the District of Columbia Bar.

2103.3 The Executive Director shall employ such persons or retain such volunteers on a full-time or part-time basis as he or she deems appropriate. The Executive Director may hire contractors to resolve particular cases. Complaint investigators may not be persons currently or formerly employed by the MPD or DCHAPD.

2103.4 The Executive Director shall create a pool of mediators and complaint examiners, subject to the approval of the Board. Such mediators and complaint examiners may not be current or former employees of the MPD or DCHAPD.

2103.5 The Executive Director may delegate his or her powers or authorities to other employees of OPC as appropriate.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2103

6-A DCMR § 2104 JURISDICTION

2104.1 OPC shall have the authority to receive a complaint against a member or members of the MPD or DCHAPD (herein jointly referred to as “subject officers”) that alleges abuse or misuse of police powers by such member or members, including:

(a) Harassment;

(b) Use of unnecessary or excessive force;

(c) Use of language or conduct that is insulting, demeaning or humiliating;

(d) Discriminatory treatment based upon a person’s race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, political affiliation, source of income, or place of residence or business;

(e) Retaliation against a person for filing a complaint pursuant to the Act; or

(f) Failure to wear or display required identification or to identify oneself by name and badge number when requested to do so by a member of the public.

2104.2 OPC shall have the sole authority to dismiss, conciliate, mediate, adjudicate, or refer for further action to MPD or DCHAPD a complaint received under § 2104.1.

2104.3 Complaints that allege misconduct that is not within the authority of OPC to review shall be referred to the Police Chief for further processing by the MPD or DCHAPD, as appropriate.

2104.4 OPC shall have authority to audit citizen complaints referred to the MPD or the DCHAPD for further action.

2104.5 OPC, under the authority of the Executive Director, and as provided by D.C. Official Code §§ 5-1104(d-2)(1) and (d-2)(2), shall review, with respect to the MPD:

(a) The number, type, and disposition of complaints received, investigated, sustained, or otherwise resolved;

(b) The race, national origin, gender, and age of the complainant and the subject officer or officers;

(c) The proposed discipline and the actual discipline imposed on a police officer as a result of any sustained complaint;

(d) All use of force incidents, serious use of force incidents, and serious physical injury incidents as defined in MPD General Order 907.07; and

(e) Any in-custody death.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2104

6-A DCMR § 2105 STANDING TO FILE A COMPLAINT

2105.1 A complaint may be filed with OPC by:

An alleged victim;

Any individual having personal knowledge of alleged police misconduct; or

The parent, legal guardian, or legal representative of either (a) or (b) above.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2105

6-A DCMR § 2106 FILING COMPLAINTS

2106.1 A complaint must be on a form approved by OPC, reduced to writing and signed by the complainant or the complainant’s parent, legal guardian or legal representative. Complaint forms shall conclude with the following statement: “I hereby certify that to the best of my knowledge, and under penalty of perjury, the statements made herein are true.”

2106.2 If the complainant is represented by an attorney or other legal representative who files the complaint on behalf of the complainant, the complaint must be accompanied by a statement signed by the complainant that he or she has retained the representative for the purposes of investigation, mediation, conciliation or adjudication of the complaint.

2106.3 Complaints may be submitted electronically through the OPC website. The complainant shall assert the truthfulness of the statements within the complaint by electronic signature.

2106.4 If a paper complaint form is requested by telephone or other means, OPC shall send a complaint form and a self-addressed return envelope to the requestor’s address. OPC may also send complaint forms electronically, refer individuals to the OPC website, or to locations in the District of Columbia where complaint forms may be found.

2106.5 A complaint may be presented in person at OPC’s business address. When a complaint is received in a form other than the form referred to in § 2106.1 or § 2106.3, the complainant will be asked to complete and sign a form approved by OPC. Once the approved form is completed and signed, it will be attached to any written document(s) provided by the complainant. Upon signature, the complaint shall be deemed received.

2106.6 A complaint may be received by United States Postal Service, private delivery service, email, or facsimile. When it is received, it shall be date-stamped. If the format of the complaint does not comply with § 2106.1, an employee of OPC will be assigned to make arrangements with the complainant to assist him or her in properly completing a complaint form approved by OPC.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2106

6-A DCMR § 2107 TIMELINESS

2107.1 Unless extended for good cause, a complaint form must be received by OPC within ninety (90) days from the date of the incident that is the subject of the complaint.

2107.2 The Executive Director may, in his or her discretion, extend the deadline for filing for good cause.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2107

6-A DCMR § 2108 INITIAL REVIEW OF COMPLAINTS

2108.1 Upon the receipt of a complaint, OPC shall create a case file for the complaint, designate a number for the complaint, enter the case in a database, and preserve any body-worn camera evidence.

2108.2 OPC may request additional information from the complainant, and collect any evidence necessary for the initial review.

2108.3 The Executive Director shall screen each complaint and shall take one of the following actions:

(a) Dismiss the complaint, with the concurrence of one member of the Board;

(b) Refer the complaint to the United States Attorney for the District of Columbia for possible criminal prosecution;

(c) Attempt to conciliate the complaint;

(d) Refer the complaint to mediation;

(e) Refer the complaint to investigation;

(f) Refer the complaint to the MPD or DCHAPD for investigation because the complaint falls outside of the authority of OPC to review;

(g) Refer the subject police officer or officers to complete appropriate policy training by the MPD or the DCHAPD; or

(h) Refer the complaint to MPD or DCHAPD for rapid resolution.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2108

6-A DCMR § 2109 WITHDRAWAL OF COMPLAINTS

2109.1 A complaint may be withdrawn orally or in writing from further consideration at any time by the complainant.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2109

6-A DCMR § 2110 DISMISSAL OF COMPLAINTS

2110.1 A complaint may be dismissed on the following grounds:

(a) The complaint is deemed to lack merit;

(b) The complainant refuses to cooperate with the investigation; or

(c) The complainant willfully fails to participate in good faith in the mediation process.

2110.2 A complaint may be dismissed upon the concurrence of one (1) member of the Board.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2110

6-A DCMR § 2111 REFERRAL OF COMPLAINT TO THE UNITED STATES ATTORNEY

2111.1 If the Executive Director determines that the misconduct alleged in the complaint or disclosed by investigation may be criminal in nature, he or she shall refer the case to the United States Attorney for the District of Columbia for possible criminal prosecution.

2111.2 The Executive Director shall give written notification of such referral to the Chief of Police of the MPD or DCHAPD, the complainant and subject officer(s). If requested by the United States Attorney, OPC shall delay notification of the referral to one or more of these parties until the United States Attorney determines that notification is appropriate.

2111.3 The Executive Director shall transmit copies of all relevant files to the United States Attorney, maintain a record of each referral, and record the disposition of each referred matter.

2111.4 If the United States Attorney declines in writing to prosecute, then the Executive Director may take any such action under § 2108.3, as applicable.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2111

6-A DCMR § 2112 POLICY TRAINING REFERRAL OF COMPLAINTS

2112.1 If the Executive Director finds that an officer appears to be in violation of an MPD General Order, District Code, constitutional ruling, or other guiding authority, and that correction is best accomplished through additional training, the complaint may be referred to MPD or DCHAPD.

2112.2 OPC will notify MPD or DCHAPD in writing of the allegation(s), the rationale for policy training, and what type of policy training would be most appropriate.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2112

6-A DCMR § 2113 RAPID RESOLUTION REFERRAL OF COMPLAINTS

2113.1 If the Executive Director finds that an officer acted in compliance with all rules and regulations, then the Executive Director may refer the complaint to MPD or DCHAPD to contact the complainant to address the concerns.

2113.2 OPC will notify MPD or DCHAPD in writing of the allegation(s) and the rationale for rapid resolution.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2113

6-A DCMR § 2114 CONCILIATION OF COMPLAINTS

2114.1 If deemed appropriate by the Executive Director and if the complainant and the subject officer agree to participate, the Executive Director may attempt to resolve a complaint by conciliation. The complainant and the subject officer shall be notified of the date, time and place for the conciliation session. The conciliation session(s) may be conducted by telephone.

2114.2 The conciliation process will involve the complainant, the subject officer, the Executive Director, and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same conciliation process.

2114.3 No oral or written statement made during the conciliation process may be used by OPC, the MPD or DCHAPD as a basis for any discipline or recommended discipline of any subject officer or officers or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

2114.4 The parties, their attorneys, other representatives and participants shall not disclose to anyone oral or written statements made during the conciliation process for any reason, including any statements made or documents prepared for the conciliation process by any party, attorney or representative for any party or other participant. Parties who participate in conciliation sessions will be required to sign a confidentiality agreement submitting to these terms. The parties may agree in writing that a conciliation agreement shall not be a public document and shall not be available to the public.

2114.5 If conciliation resolves the complaint, then resolution of the complaint shall be evidenced by a written agreement signed by the Executive Director, the complainant and the subject officer. The agreement may provide for any terms satisfactory to the parties, except that the subject officer may only provide assurances or agree to undertakings that are within his or her control and cannot bind the Chief of Police, the MPD or DCHAPD as part of any conciliation agreement.

2114.6 OPC shall place a copy of the conciliation agreement in the complaint file, provide copies to the parties and furnish a copy to the Chief of Police. OPC shall monitor implementation of the agreement. If a party fails to abide by the agreement, the aggrieved party may contact OPC. In response to such a contact or in the ordinary course of monitoring, the Executive Director may investigate whether a breach of the agreement has occurred. If the Executive Director finds that the officer or complainant violated the agreement, he or she may take any such action under § 2108.3 as applicable.

2114.7 If the Executive Director determines that conciliation efforts are unsuccessful, the Executive Director may take any such action under § 2108.3 as applicable.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2114

6-A DCMR § 2115 MEDIATION OF COMPLAINTS

2115.1 OPC may refer complaints to mediation. Mediation is a way for the complainant and the subject officer to meet face-to-face with a neutral third party in an attempt to resolve their differences. OPC shall be permitted to contract for mediation services.

2115.2 If the Executive Director refers the complaint to mediation, the complainant and the subject officer shall be notified of the time, date and location of the mediation session. The mediator shall be chosen from a pool of persons selected by the Executive Director and approved by the Board, taking into account the factors set forth in D.C. Official Code § 5-1106(c).

2115.3 Once the matter has been referred to mediation, if the complainant fails to participate in good faith in the mediation process, the Executive Director may take any such action under § 2108.3 as applicable.

2115.4 If the subject officer refuses to participate in good faith in the mediation process, the Executive Director shall notify the Chief of Police for appropriate disciplinary action. In addition, the Executive Director may take any such action under § 2108.3 as applicable.

2115.5 The mediation session will involve the complainant, the subject officer, the mediator and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same mediation session. No other person may be present or participate in mediation sessions, except as determined by the mediator to be required for a fair and expeditious mediation of the complaint.

2115.6 No oral or written statement made during the mediation process may be used by OPC, the MPD, or DCHAPD as a basis for any discipline or recommended discipline of any subject officer or officers, or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

2115.7 The parties and mediators shall not disclose to anyone oral or written statements made during the mediation session for any reason, including any statements made or documents prepared for the mediation procedure by any party, attorney or representative for any party or other participant. Parties who attend mediation sessions will be required to sign a confidentiality agreement submitting to these terms.

2115.8 The parties shall not subpoena the mediator, or documents or records submitted to the mediator, for any later judicial or administrative proceedings related to the dispute, and the mediator shall not voluntarily testify on behalf of any party at any subsequent proceeding.

2115.9 The mediation session(s) will continue as long as the mediator believes it may result in the resolution of the complaint, except that it may not extend beyond thirty (30) days from the date of the initial mediation session without the approval of the Executive Director.

2115.10 The Executive Director shall not refer a complaint to mediation involving a subject officer who has either participated in mediation for similar alleged misconduct within the previous twelve (12) months or where a complaint examiner has within the previous twelve (12) months sustained a complaint against the subject officer for similar alleged misconduct.

2115.11 If mediation resolves the complaint, then resolution of the complaint shall be evidenced by a written agreement signed by the mediator, the complainant and the subject officer.

2115.12 The mediator shall provide copies of the mediation agreement to the parties and OPC. OPC shall place a copy of the mediation agreement in the complaint file. OPC shall send notification of case resolution by mediation to the subject officer, complainant, and MPD.

2115.13 If the mediation does not resolve the complaint, the Executive Director may take any such action under § 2108.3 as applicable.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2115

6-A DCMR § 2116 INVESTIGATION OF COMPLAINTS

2116.1 The investigation shall be completed in an expeditious and efficient manner.

2116.2 The Executive Director may issue subpoenas under seal of the Superior Court of the District of Columbia compelling the complainant, the subject officer(s), witnesses, and other persons to respond to written or oral questions, produce relevant documents or other evidence necessary to carry out a proper investigation of the complaint.

2116.3 Service of a subpoena on a subject officer or other employee of the MPD or DCHAPD is deemed effective by service on the relevant Chief of Police or his/her designee who shall deliver the subpoena to the subject officer.

2116.4 If the complainant refuses or fails to cooperate in the investigation, the Executive Director may dismiss the complaint.

2116.5 If the subject officer, or an employee of the MPD or the DCHAPD refuses or fails to cooperate in the investigation, the Executive Director shall notify the relevant Chief of Police in writing. The Chief of Police shall institute appropriate disciplinary action against the officer or employee and shall notify the Executive Director of the outcome of the action.

2116.6 At the conclusion of the investigation, the Chief Investigator shall forward the file with a report of investigation to the Executive Director. The Executive Director shall take one of the following actions:

(a) Refer the complaint to a complaint examiner to determine whether a violation of D.C. Official Code § 5-1107(a) has occurred;

(b) Dismiss the complaint if, based on the file and report of investigation, report, it is determined that the complaint lacks merit, as defined in § 2110.3;

(c) Direct the investigator to undertake additional investigation;

(d) Refer the complaint to conciliation or mediation;

(e) Refer the subject officer or officers to appropriate policy training;

(f) Refer the complaint for rapid resolution; or

(g) Refer the complaint to the United States Attorney’s Office.

2116.7 If the Executive Director refers the complaint to a complaint examiner, he or she shall provide a copy of the report of investigation and related exhibits to the subject officer. The officer may, within ten (10) calendar days, provide the complaint examiner a written response to the investigator’s report.

2116.8 The Executive Director shall notify in writing all parties to the complaint of his or her decision under § 2116.6, and in the case of dismissal, provide a brief statement of the reasons.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2116

6-A DCMR § 2117 SELECTION OF THE COMPLAINT EXAMINER

2117.1 The complaint examiner shall be chosen from a pool of persons selected by the Executive Director and approved by the Board, taking into account the factors set forth in D.C. Official Code § 5-1106(c).

2117.2 In order to remain in the pool, complaint examiners must adjudicate at least one investigation per fiscal year. In addition, complaint examiners must attend at least one OPC training per fiscal year.

2117.3 A complaint examiner who cannot consider a case in a fair and impartial manner because of personal prejudice or bias, shall not consider that case and shall so inform the Executive Director. Examples of personal bias include, but are not limited to:

(a) Familial relationship or friendship with parties to the complaint;

(b) Being a party to the complaint;

(c) Witnessing material events relevant to the complaint;

(d) Having a financial interest in the outcome of the case;

(e) Holding a bias for or against a party that is sufficient to impair the examiner’s impartiality.

2117.4 Either party may challenge the impartiality of the complaint examiner at any time by written complaint addressed to the Executive Director who shall issue a written opinion within seven (7) calendar days of receipt of the challenge. The Executive Director’s decision is final and unappealable.

2117.5 Complaint examiners shall avoid making public comment on any complaints, investigations and matters before OPC unless compelled to do so by a court of competent jurisdiction.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2117

6-A DCMR § 2118 DUTIES OF COMPLAINT EXAMINER

2118.1 The complaint examiner shall consider the complaint in a fair and impartial manner, ensure that facts are fully elicited, adjudicate all issues and avoid undue delay.

2118.2 If the parties express a willingness to resolve the complaint through conciliation, the complaint examiner may act as a conciliator. Any resulting written conciliation agreement may be kept confidential pursuant to D.C. Official Code § 5-1110(b)(2), and neither any such agreement nor any oral nor written statement made by a party during the course of the conciliation or mediation process may be used as a basis for any discipline or recommended discipline of the subject police officer or officers or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

2118.3 Based on a review of the report of investigation and file, the complaint examiner may determine the merits of a complaint without conducting an evidentiary hearing. The complaint examiner may do so only when (1) the subject officer has had an opportunity pursuant to § 2116.7 to file a response to the report of investigation and (2) the material in the report and file present no genuine issue of material fact in dispute requiring an evidentiary hearing. In such cases, the complaint examiner shall issue findings of fact and a determination on the merits within thirty (30) days of the assignment of the matter, in accordance with § 2122 below.

2118.4 Upon review of the report of investigation and file and the evidence adduced at any evidentiary hearing, the complaint examiner shall make written findings of fact regarding all material issues of fact, and shall determine whether each allegation of misconduct is unfounded, sustained, presents insufficient facts or whether the officer is exonerated, as such terms are defined in § 2122.2 below. In making a determination, the complaint examiner will consider the definitions of misconduct contained in these regulations, as well as any regulation, policy, procedure or order that prescribes standards of conduct for officers.

2118.5 Based on a review of the report of investigation and file, the complaint examiner may determine that additional investigation is required. In such cases, the complaint examiner shall promptly notify the Executive Director, who may order the investigator to investigate the issues identified by the complaint examiner. Such additional investigation shall be completed within thirty (30) days. Upon completion, the Executive Director shall transmit the supplemental report and file to the complaint examiner and to the subject officer and shall make them available to the complainant. In cases requiring additional investigation, the time allowed for the complaint examination to be completed will be tolled.

2118.6 If the complaint examiner determines that no additional investigation is required and that an evidentiary hearing is required, he or she shall proceed in accordance with §§ 2119 and 2120 below.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2118

6-A DCMR § 2119 PRELIMINARY HEARING CONFERENCE

2119.1 If the complaint examiner determines that an evidentiary hearing is necessary, a preliminary hearing conference shall be scheduled within forty (40) days of his or her assignment to the matter. The conference may be conducted by telephone or in person and may include the parties or their designated representatives. Notice of such conference shall include the time, date and location of the conference and shall be sent to all parties and their representatives.

2119.2 Prior to the preliminary hearing conference, OPC shall make a copy of the report of investigation and related exhibits available to the complainant.

2119.3 The complaint examiner may permit discovery only in extraordinary circumstances. Depositions of parties or witnesses will not be permitted. The parties may, no later than seven (7) days prior to the preliminary hearing conference, submit to the complaint examiner requests for documents or tangible evidence that are reasonably believed to contain or reveal information directly relevant to the incident or incidents in question. Discovery of facts that pre-date the incident(s) in question and of facts relating solely to the character, credibility or motivation of any party or witness will not be permitted. The complaint examiner shall grant, modify or deny these requests at the preliminary hearing conference. Discovery requests filed less than seven (7) days before the preliminary hearing conference will be denied. Those in custody or control of documents or tangible evidence permitted to be discovered will furnish such items within ten (10) days after the preliminary hearing conference.

2119.4 At the preliminary hearing conference, the complaint examiner will determine which of the witness statements furnished will be added to the hearing record. The parties will designate those witnesses whose statements are made part of the hearing record they wish to cross-examine. The complaint examiner may also request the attendance of witnesses who he or she wishes to examine. Witnesses not subject to examination, as determined by the complaint examiner, are not required to attend the hearing.

2119.5 The complaint examiner shall accomplish the following objectives at the preliminary hearing conference:

(a) Facilitate the exchange of relevant information, including resolving discovery requests as provided in § 2119.3;

(b) Reach any stipulations of fact that will reduce the length and complexity of the hearing;

(c) Determine the authenticity of any documents;

(d) Determine which witness statements to add to the hearing record, which witnesses will testify at the hearing and to determine whether to permit subsequent witness statements to be submitted in light of any discovery permitted;

(e) Present, discuss, or resolve any matters as may aid in the orderly disposition of the proceeding or expedite the presentation of evidence;

(f) Set the time, date and location of the evidentiary hearing, which shall occur no more than sixty (60) days after his or her assignment to the matter; and

(g) Determine whether the complaint can be resolved through mediation or conciliation and to undertake either process if appropriate.

2119.6 If the parties resolve the complaint at this conference, the complaint examiner shall draft a written conciliation agreement and have both parties sign it. The agreement shall then be entered into the file and submitted to the Executive Director.

2119.8 Failure of a party to appear at the preliminary hearing conference may result in a decision against that party. The subject officer and complainant may request that their presence be waived provided an attorney or other representative is attending the conference on their behalf.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2119

6-A DCMR § 2120 HEARING PROCEDURES

2120.1 The complaint examiner must provide the complainant and the subject officer at least twenty (20) days advance notice of the hearing. The notice shall include the time, date and location of the hearing. If requested by the complainant or the subject officer within ten (10) days of the date of the hearing notice, OPC shall provide an interpreter for the hearing.

2120.2 The Executive Director may cause the issuance of subpoenas to compel the appearance of witnesses, the complainant, the subject officer, the production of documents, and any other evidence as may be necessary for purposes of the hearing.

2120.3 All hearings shall be open to the public, unless the Executive Director approves the request of the complaint examiner to close the hearing to the public.

2120.4 The complainant may represent him or herself during the hearing or any phase of the complaint examination process, or may be represented by an attorney or other representative of their choice or by a law student under the supervision of a licensed attorney. OPC may assist in obtaining pro bono counsel for the complainant. Subject officers may represent themselves or be represented by a member of or an attorney for the police officers’ labor organization, or by another representative of their own choosing.

2120.5 Hearings shall be conducted in accordance with the following provisions:

(a) Burden and Standard of Proof: The burden shall be on the complainant to show by a preponderance of the evidence that the alleged misconduct actually occurred.

(b) Exhibits: All evidence to be considered in the case, including, but not limited to, all records in the possession of either party, or a true and accurate photocopy, shall be marked as that party’s exhibit and offered and made a part of the record. Such exhibits shall be preserved by the complaint examiner and shall be turned over to OPC at the conclusion of the proceedings, to be filed with other closed records.

(c) Rules of Evidence: District of Columbia rules of evidence shall not apply to these hearings. Any objection, including grounds for such objection, may be stated orally and shall be included in the record. The complaint examiner shall consider and rule upon objections as appropriate. The complaint examiner may admit all evidence, which possesses probative value, including reliable hearsay. Evidence which is irrelevant, immaterial or which is unduly repetitious shall be excluded.

2120.6 The failure of the subject officer and his or her representative to appear at the hearing, without good cause as determined by the complaint examiner, may be considered in the weighing of the evidence.

2120.7 If the complainant fails to appear at the hearing, without good cause as determined by the complaint examiner, the complaint examiner may ask that the complaint be dismissed by the Executive Director with the concurrence of a member of the Board.

2120.8 If the complaint examiner finds good cause for the complainant’s failure to appear, the hearing will be promptly rescheduled.

2120.9 Examples of good cause for failure to appear include, but are not limited to:

(a) Sudden, severe illness or accident;

(b) Death or serious illness in the immediate family, such as spouse, partner, children, parents, siblings;

(c) Incarceration; or

(d) Inclement weather.

2120.10 If a witness designated by the complaint examiner at the preliminary conference to testify fails to appear at the hearing, the complaint examiner will determine how to proceed.

2120.11 The hearing shall proceed in the following order:

(a) Opening the Hearing: The complaint examiner shall begin the hearing by briefly stating the complaint allegations and the procedural rules, including any additional rules.

(b) Opening Statement: The complainant, or his or her representative, shall make a short oral statement to the complaint examiner first. The subject officer, or his or her representative, shall follow.

(c) Presentation of Evidence and Witnesses: All witnesses shall be introduced and sworn in by the complaint examiner. The complainant shall present his or her witnesses first, and the subject officer may introduce witnesses second. Each party may introduce evidence as necessary during questioning of witnesses. Each party has the right to cross-examine witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination. All witnesses may be questioned by the complaint examiner.

(d) Closing Statements: At the close of the presentation of evidence, the complaint examiner may provide each party with the opportunity for closing statements. The complainant shall proceed first and the subject officer shall follow.

(e) Final Briefs: The complaint examiner may direct parties to submit final briefs. The complaint examiner will set a due date for final briefs, and they shall not exceed ten (10) typewritten double-spaced pages unless the complaint examiner agrees in advance to accept a longer submission.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2120

6-A DCMR § 2121 RECORD OF HEARING

2121.1 The complaint examiner shall maintain the official record of the case until final findings of fact and a determination of the complaint are made.

2121.2 The record shall include:

(a) Any notices or other procedural matters reduced to writing;

(b) All evidence, witness statements added to the record and exhibits received and considered;

(c) All memoranda or information submitted by any party in connection with the case;

(d) A copy of the investigative report and file;

(e) A court reporter’s stenographic notes of the hearing or a tape-recording of the hearing; and

A transcript of the hearing, if one was prepared.

2121.3 The record of the hearing shall be closed upon completion of the hearing, or receipt of the final written briefs, if any.

2121.4 The court reporter’s stenographic notes of the hearing shall be transcribed if requested by a party or if ordered by the complaint examiner. If a transcript is made, the party requesting the transcript may be required to pay a reasonable charge.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2121

6-A DCMR § 2122 FINDINGS OF FACT AND DETERMINATION

2122.1 Within thirty (30) days of either the conclusion of the hearing, the submission of final briefs, if required, or the assignment to a complaint examiner of a case that does not require an evidentiary hearing, the complaint examiner shall make written findings of fact and a determination of the merits of the complaint.

2122.2 In the merits determination, the complaint examiner shall make one of the following findings about each allegation in the complaint:

(a) “Unfounded,” where the investigation determined no facts to support that the incident complained of actually occurred;

(b) “Sustained,” where the complainant’s allegation is supported by sufficient evidence to determine that the incident occurred and the actions of the officer were improper;

“Insufficient facts,” where there are insufficient facts to decide whether the alleged misconduct occurred; or

“Exonerated,” where a preponderance of the evidence shows that the alleged conduct did occur but did not violate the policies, procedures, practices, orders or training of the MPD or DCHAPD.

2122.3 If the complaint examiner finds that no allegation in the complaint is sustained or the subject officer is exonerated on all allegations, the Executive Director shall dismiss the complaint and send written notice of such determination, along with copies of the merits determination, to the Chief of Police, the complainant, and the subject officer.

2122.4 If the complaint examiner determines that one or more allegations in the complaint is sustained, the Executive Director shall transmit OPC’s investigative report, together with the attached exhibits, as well as the merits determination of the complaint examiner, to the Chief of Police for appropriate action. OPC shall also provide the complainant and subject officer with written notices of such determination, along with copies of the merits determination.

2122.5 The complaint examiner’s written findings of fact and determination may not be rejected by the Chief of Police unless they clearly misapprehend the record before the complaint examiner and are not supported by substantial, reliable, and probative evidence in that record.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2122

6-A DCMR § 2123 FINAL REVIEW PANEL

2123.1 If the Chief of Police finds that the merits determination clearly misapprehends the record and is not supported by substantial, reliable, and probative evidence in the record, the Chief of Police shall return the merits determination to the Executive Director for review by a final review panel. This request must be received within forty-five (45) days of the merits determination being sent to the Chief of Police.

2123.2 The final review panel shall be comprised of three complaint examiners selected by the Executive Director, and shall not include the complaint examiner who prepared the original merits determination.

2123.3 The final review panel shall review the complete record without taking any additional evidence and shall issue a written decision within thirty (30) days from assignment, with supporting reasons, regarding the correctness of the merits determination.

2123.4 The final review panel shall uphold the merits determination as to any allegations of the complaint unless it concludes that the determination regarding the allegation clearly misapprehends the record and is not supported by substantial, reliable, and probative evidence in the record.

2123.5 A copy of the final review panel’s decision shall be transmitted to the Executive Director, complainant, subject officer(s) and the Chief of Police.

2123.6 If the final review panel finds that the merits determination sustaining one or more of the allegations should be reversed in whole, the Executive Director shall dismiss the complaint and notify the Chief of Police and parties to the complaint in writing.

2123.7 If the final review finds that the merits determination sustaining one or more of the allegations should be upheld in whole or in part, then the upheld allegations will be sent in writing to the Chief of Police for action in accordance with § 2122.4. The parties will also be notified of the decision in writing.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2123

6-A DCMR § 2124 EFFECTIVE DATE OF REGULATIONS

2124.1 These regulations shall be effective upon publication of a Notice of Final Rulemaking in the D.C. Register.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2124

6-A DCMR § 2199 DEFINITIONS

2199.1 Whenever used in these regulations, unless plainly evident from the context that a different meaning is intended, the following terms are defined as follows:

Allegation(s): The conduct that forms the basis of a complaint for misconduct.

Board: The Police Complaints Board, which consists of five members appointed by the Mayor and confirmed by the Council of the District of Columbia.

Chief of Police: The Chief of the Metropolitan Police Department or District of Columbia Housing Authority Police Department.

Complainant: The person filing a complaint with OPC who alleges that he or she is a victim of, the guardian, parent or personal representative of a victim or, or has personal knowledge of alleged misconduct by a sworn member of the MPD or DCAHPD.

Complaint: An allegation of misconduct made by a person against a sworn officer who was either on-duty at the time of the incident or who, while off-duty, was acting under color of law during an incident occurring within the District of Columbia.

Complaint Examiner: The person designated by the Executive Director to determine the merits of a complaint.

Conciliation: A process whereby the Executive Director or his designated representative meets with the complainant(s) and the subject officer(s) and attempts to settle the allegations in a mutually satisfactory manner.

Day: In computing any period of time prescribed or allowed by the Act or these regulations, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

Discriminatory treatment: Conduct by a member of the MPD or DCHAPD that results in the disparate treatment of persons because of their race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, political affiliation, source of income, place of residence or business or any other ground of discrimination prohibited under the statutory and the common law of the District of Columbia.

Evidentiary hearing: A proceeding overseen by a complaint examiner at which testimony and other evidence is presented in order to determine the merits of a complaint.

Excessive or Unnecessary Force: Unreasonable use of power, violence, or pressure under the particular circumstances. Factors to be considered when determining the “reasonableness” of a use of force include the following: (1) the severity of the crime at issue; (2) whether the suspect posed an immediate threat to the safety of officer or others; (3) whether the subject was actively and physically resisting arrest or attempting to evade arrest by flight; (4) the fact that officers are often required to make split second decisions regarding the use of force in a particular circumstance; (5) whether the officer adhered to the general orders, policies, procedures, practices and training of the MPD or DCHAPD, including adherence to the Use of Force Framework; and (6) the extent to which the officer attempted to use only the minimum level of force necessary to accomplish the objective.

Harassment: Words, conduct, gestures or other actions directed at a person that are purposefully, knowingly or recklessly in violation of the law or internal guidelines of the MPD or DCHAPD, so as to (1) subject the person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) deny or impede the person in the exercise or enjoyment of any right, privilege, power or immunity. In determining whether conduct constitutes harassment, OPC will look to the totality of the circumstances surrounding the alleged incident, including, where appropriate, whether the officer adhered to applicable orders, policies, procedures, practices and training of the MPD or DCHAPD, the frequency of the alleged conduct, its severity, and whether it is physically threatening or humiliating.

Insulting, demeaning or humiliating language or conduct: Language or conduct that is intended to or has the effect of causing a reasonable person to experience distress, anxiety or apprehension.

Mediation: An informal dispute resolution process, facilitated by a neutral third party, whereby the complainant and the subject officer meet in good faith to discuss the alleged misconduct with the goal of reaching a resolution of the complaint.

Mediator: A neutral third party who has contracted with OPC to attempt to mediate disputes between complainants and subject officers.

Merits Determination: The complaint examiner’s written findings of fact regarding all material issues of fact and law. This document will include the complaint examiner’s determination as to whether each allegation of misconduct is unfounded, sustained, presents insufficient facts, or whether the officer is exonerated.

Misconduct: Abuse or misuse of police power by a sworn officer directed toward any person who is not a sworn officer, including: (1) harassment; (2) use of unnecessary or excessive force; (3) use of language or conduct that is insulting, demeaning or humiliating; (4) discriminatory treatment; (5) retaliation; and (6) failure to wear or display required identification or to identify oneself when requested.

Personal Knowledge: Direct knowledge of the incident from which the allegations arose, as the victim of or witness to the alleged misconduct.

Preponderance of Evidence: Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.

Policy Training: A referral of a complaint to the MPD or DCHAPD when the action of the officer appears to be a violation of an MPD General Order, District Code, constitutional ruling, or other guiding authority and correction is best accomplished through additional training.

Rapid Resolution: A referral of a complaint to MPD or DCHAPD when it appears the officer acted in compliance with all rules and regulations to direct the MPD or DCHAPD to contact the complainant and address the concerns of the complainant.

Retaliation: Action that discriminates against a person for making or attempting to make a complaint pursuant to the Act, including action taken against a person because he or she has opposed any practice made unlawful by this Act or because he or she has made a complaint or expressed an intention to file a complaint, testified, assisted, or participated in any manner in an investigation, mediation, conciliation, complaint examination or other proceeding under this Act.

Review Panel: A panel of three complaint examiners, appointed by the Executive Director that reviews and determines the merits of allegations in the complaint that the Chief of Police determines is not supported by the evidence.

Subject Officer: A sworn member of the MPD or DCHAPD against whom an allegation of misconduct has been made in a complaint.

History

• SOURCE: Final Rulemaking published at 49 DCR 8347 (August 30, 2002); as amended by Final Rulemaking published at 64 DCR 12677 (December 15, 2017). District of Columbia Municipal Regulations Police Personnel 6-A DCMR § 2199

6-B GOVERNMENT PERSONNEL

6-B1 HUMAN RESOURCES MANAGEMENT

6-B DCMR § 100 BACKGROUND ON THE PERSONNEL MANAGEMENT SYSTEM

100.1 The personnel system for the District of Columbia government was established by the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (the “CMPA”), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.01 et seq.). A major requirement of the CMPA was the separation of the District’s personnel system from the federal personnel system by January 1, 1980, except for the continued participation by District government employees in the federal Civil Service Retirement System (CSRS) and the federal health and life insurance programs for employees hired prior to October 1, 1987.

100.2 The CMPA is divided into “titles,” and establishes the personnel management program that is applicable to individuals employed by the District government. Some of the provisions contained in the CMPA are self-implementing, others require implementing rules and regulations.

100.3 The Mayor has “personnel authority” over District government subordinate agencies under his or her direct administrative control, and may delegate that personnel authority, in whole or in part, to the Director of the D.C. Department of Human Resources (formerly named the D.C. Office of Personnel).

100.4 Other District agencies have been established as “independent agencies” and have “independent personnel authority” separate and apart from the Mayor. As provided in their establishment act or otherwise prescribed by law, certain independent agencies are required to adhere to all or some portions of Title 6, Subtitle B, of the D.C. Municipal Regulations (DCMR).

History

• SOURCE: Final Rulemaking published at 62 DCR 15849 (December 11, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 100

6-B DCMR § 104 VARIANCES

104.1 The Director of the D.C. Department of Human Resources (Director of the DCHR) may grant a variance from the D.C. personnel regulations issued pursuant to Section 404 of the CMPA (D.C. Official Code § 1-604.04 (2012 Repl.)), if:

(a) There is a practical difficulty or unnecessary hardship in complying with the regulations;

(b) The variance is within the spirit of the regulations;

(c) The efficiency of the District government will be protected and promoted by the grant of the variance; and

(d) The integrity of the Career, Legal, Excepted, Management Supervisory, or Executive Service, as applicable, will be protected and promoted by the grant of the variance.

104.2 Whenever a variance is granted, the Director of the DCHR shall publish on its website an issuance showing the following:

The particular practical difficulty or unnecessary hardship involved;

The variance being permitted, the difference from the requirements of the regulations, and to whom it applies;

The specific circumstances that protect or promote the efficiency of the District government and the integrity of a particular service or services; and

The steps that will be taken to limit the application of the variance only to the duration of the conditions that gave rise to it.

104.3 Like variances shall be granted whenever like conditions exist.

History

• SOURCE: Final Rulemaking published at 62 DCR 15849 (December 11, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 104

6-B DCMR § 107 APPOINTMENT AFFIDAVIT

107.1 Each personnel authority shall designate in writing a person or persons authorized to administer the oath of office to each employee of an agency.

107.2 As provided in Section 408 of the CMPA (D.C. Official Code § 1-604.08 (2012 Repl.)), each employee of an agency shall swear or affirm to the following oath of office (Oath): “I, (employee’s name), do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office on which I am about to enter.”

107.3 As part of the oath, each employee shall execute the following:

(a) An affidavit stating: “I have not, nor has anyone acting on my behalf, given, transferred, promised, or paid any consideration for or in expectation or hope of receiving assistance in securing this appointment.”; and

(b) An affidavit on the “Declaration of Appointee Form,” stating: “The answers in the Declaration of Appointee are true and correct and I have read and understand the information provided on the “Declaration of Appointee Form.”

107.4 The appointee, on the “Declaration of Appointee Form,” shall be required to provide information concerning the following:

Application for or receipt of an annuity under any District government civilian retirement system or other compensation based upon District government service; and

Certification of notification of the prohibition to strike pursuant to Section 1705 of the CMPA (D.C. Official Code § 1-617.05 (2012 Repl.)).

107.5 The provision in Subsection 107.4(a) of this section shall not be applicable to elected officials and members of boards and commissions.

107.6 An individual initially appointed to the District government and any individual reappointed after a break in service of one (1) or more days shall take the Oath and execute the appointment affidavit as soon as administratively practicable, but not later than thirty (30) days after the effective date of his or her appointment.

107.7 An individual who refuses to swear or affirm to the Oath as provided in Subsections 107.3 or 107.6 of this section shall not be appointed or shall have his or her appointment terminated.

107.8 The appointment of an employee may become effective before the Oath is executed although the employee has no right to continued employment until the Oath is executed. The Oath, when executed, shall refer to the date of entrance on duty so as to entitle the employee to pay from that date.

107. 9 The following shall apply when the Oath is administered on an individual or group basis:

The person administering the Oath shall read the Oath aloud to the appointee(s);

The appointee(s) taking the Oath shall stand, raise his or her right hand, and repeat the Oath aloud, except as provided in Subsection 107.10 of this section and with regard to any physical disability the appointee(s) may have that may necessitate reasonable accommodation;

The appointee(s), after taking the Oath and in the presence of the person administering the Oath, shall sign the appointment affidavit; and

The person administering the Oath, upon signature by the appointee(s) of the appointment affidavit, shall sign the appointment affidavit.

107.10 When a group of appointees is taking the Oath, the person administering the Oath may ask the appointees to swear or affirm to the Oath by saying “yes” after the oath is read aloud to them.

107.11 The Oath should be administered, if practicable, before the flags of the United States and District of Columbia.

107.12 The appointment affidavit shall be filed as a permanent record in each employee’s official personnel folder and a copy filed with the employing agency.

107.13 An individual who is retroactively restored to duty without a break in service shall not be required to again swear or affirm to the oath of office or execute a new appointment affidavit.

History

• SOURCE: Final Rulemaking published at 62 DCR 15849 (December 11, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 107

6-B DCMR § 108 AMENDMENT TO PROVISIONS CONTAINED IN CHAPTER 4, ORGANIZATION FOR PERSONNEL MANAGEMENT

108.1 Chapter 4 of these regulations will be amended and the provisions on variances and appointment affidavits, currently contained in that chapter, will be repealed.

108.2 Upon adoption and publication in the D.C. Register of the amended provisions for Chapter 4 under a Notice of Final Rulemaking, the provisions of this chapter shall govern as the policies on variances and appointment affidavits.

History

• SOURCE: Final Rulemaking published at 62 DCR 15849 (December 11, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 108

6-B DCMR § 199 DEFINITIONS

The following definitions apply to this chapter:

Appointment affidavit – a document signed by an employee of an agency in which he or she swears or affirms to faithfully execute the laws of the United States of America and of the District of Columbia.

Agency – a unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.

Days – calendar days, unless otherwise indicated.

D.C. Municipal Regulations (DCMR) – a compilation of all rules and regulations for the District government which are subject to the D.C. Administrative Procedure Act.

Employee – an individual who performs a function for the District government and who receives compensation for the performance of such service.

Independent agency – a board, commission, or agency of the District of Columbia government that is not subject to the administrative control of the Mayor (D.C. Official Code § 1-604.01(13)).

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in Title IV of the CMPA (D.C. Official Code § 1-603.01(17)).

Subordinate agency – an agency under the direct administrative control of the Mayor, including, but not limited to, agencies as provided in D.C. Official Code § 1-603.01(17) (2012 Repl.).

Variance – a temporary change in the D.C. personnel regulations issued pursuant to Section 404 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.04 (2012 Repl.)), when there are practical difficulties and unnecessary hardships in complying with the regulations.

History

• SOURCE: Final Rulemaking published at 62 DCR 15849 (December 11, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 199

6-B2 TALENT ACQUISITION

6-B DCMR § 200 GOVERNMENT WORKFORCE

GOVERNMENT WORKFORCE

The District of Columbia government employs dedicated people who are selected from the best qualified talent, considering the government’s immediate and long-term needs.

Employees are organized into one of six services: Career, Educational, Excepted, Executive, Legal, or Management Supervisory Service.

The provisions of this chapter apply only to applicants, candidates, and employees for or in the Career Service, and to individuals appointed, or reappointed, to a position within the Educational Service in the Office of the State Superintendent of Education, and, as provided in § 219.3, the Excepted Service. The provisions of this chapter do not apply to the Executive, Management Supervisory, or Legal Service, or the Excepted Service other than as stated in this provision.

This chapter does not apply to the recruitment, selection, or promotion of fire, police, or emergency medical services employees. Procedures for these activities are covered by Chapter 8.

Section 239 applies to all District government agencies and individuals seeking or selected to provide regularly scheduled volunteer services to the District of Columbia for an established volunteer program.

Section 239 shall not apply:

To the District of Columbia Board of Education, Council of the District of Columbia, Office of the DC Auditor, Office of the Attorney General, Superior Court of the District of Columbia, and the District of Columbia Court of Appeals;

To volunteers who donate their time to support occasional events including but not limited to, festivals, games, and school events where parents, students or community members donate their time for tasks that are not safety sensitive as provided in Chapter 4 (Suitability) of this subtitle; or

To volunteers who perform functions that are not established as part of an agency volunteer program pursuant to §239.2.

History

• SOURCE: Final Rulemaking published at 27 DCR 4342 (October 3, 1980); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 010413 (September 26, 2025). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 200

6-B DCMR § 201 CAREER SERVICE

CAREER SERVICE

Excluding jobs properly classified in the Educational, Excepted, Executive, Legal, or Management Supervisory Services, or as otherwise provided by law, all District government jobs are in the Career Service.

History

• SOURCE: Final Rulemaking published at 27 DCR 4342 (October 3, 1980); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 201

6-B DCMR § 202 TALENT ACQUISITION (GENERALLY)

TALENT ACQUISITION (GENERALLY)

When used in the context of this chapter, talent acquisition refers to the District government’s efforts to prepare for future talent needs, attract highly skilled candidates to government service, and select individuals for employment.

All personnel actions appointing or affecting employees shall comply with the standards established in this chapter and any additional procedural guidelines issued by the personnel authority.

History

• SOURCE: Final Rulemaking published at 27 DCR 4342 (October 3, 1980); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 202

6-B DCMR § 203 WORKFORCE PLANNING

WORKFORCE PLANNING

The personnel authority shall implement a workforce planning process that identifies current and potential critical skills and knowledge gaps. Workforce planning data will be used to:

Develop and implement knowledge gap reduction strategies;

Inform agency structures and deploy the workforce; and

Identify and develop strategies to overcome internal and external barriers to accomplishing strategic workforce goals.

When required by the personnel authority, all agencies shall develop an agency-specific workforce plan. Agencies shall review and update their specific workforce plans biennially to measure progress and reflect changes in business strategy or operational goals. Agency workforce plans shall include the following metrics:

A list of mission critical positions;

Core competencies by position type to include all positions;

Employee turnover by position type and tenure;

The number of new hires within the last two (2) years;

The average time to fill a position;

The current number of vacancies; and

The number of employees eligible to retire within the next two (2) years.

The personnel authority shall inform agencies of any requirement, and the applicable deadline, related to furnishing agency specific workforce plans. The personnel authority shall collect, aggregate, and analyze information from workforce plans to prepare recommendations for addressing workforce shortages.

History

• SOURCE: Final Rulemaking published at 27 DCR 4342 (October 3, 1980); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 203

6-B DCMR § 204 EMERGENCY APPOINTMENTS

EMERGENCY APPOINTMENTS

The personnel authority may make noncompetitive emergency appointments for not more than thirty (30) days to provide essential services in situations of natural disaster or catastrophes when normal employment procedures are impracticable.

Pursuant to D.C. Official Code § 7-2304(b)(16), whenever there is an emergency executive order in effect, the Director of the Department of Human Resources, when necessary and appropriate to address the emergency, may authorize the appointment of qualified individuals into Career and Educational Service positions without competition.

History

• SOURCE: Final Rulemaking published at 27 DCR 4342 (October 3, 1980); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 204

6-B DCMR § 205 RECRUITMENT STRATEGIES, MARKETING, AND BRANDING

RECRUITMENT STRATEGIES, MARKETING, AND BRANDING

The personnel authority shall develop and implement a recruitment strategy for attracting highly qualified talent. The strategy shall encompass methods that enable agencies to utilize workforce data to make budgeting decisions that provide the greatest value to residents, promote a singular employer recruitment brand, and clearly articulate a set of offerings provided to employees.

The overall development and application of recruitment-related marketing and communications strategies shall rest primarily with the personnel authority. The personnel authority is charged with oversight for the development of internal and external recruitment-related marketing and communications strategies for the agencies under its authority.

No marketing consultants, marketing research firms, social media consultants, advertising agencies, graphic design firms, or web design firms shall be hired to develop recruitment-related materials without the approval of the personnel authority.

In deciding the recruitment methods to use an agency shall identify the methods that will most likely meet the agency's mission, objectives, and hiring goals. However, all recruitment methods, including any template communications and marketing materials, should be approved by the personnel authority prior to their use. These include, but are not limited to draft, sample or template:

Publications (including print and electronic publications);

Logos;

Branding and slogans;

Advertising (the term advertising includes traditional media channels — TV, radio, billboard, magazine, newspaper, etc.), as well as marketing communications that utilize new media channels, including websites, email solicitations, and other activities involved in marketing employment with the District government;

General media relations (distribution of press releases, development of external newswires, and all other activities related to media relations);

Promotional videos; and

Social media.

These provisions do not apply to any marketing strategy in use on the effective date of this section.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 205

6-B DCMR § 206 QUALIFICATION AND EVALUATION STANDARDS

QUALIFICATION AND EVALUATION STANDARDS

The Director of the D.C. Department of Human Resources (DCHR) shall establish standards with respect to education, training, experience, suitability, physical and mental fitness, or other criteria that agencies will then use to establish specific hiring requirements and evaluate applicants and employees for placement, consistent with all applicable laws and regulations. DCHR may use the United States Office of Personnel Management’s Qualification Standards, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/, in the development of these standards. Agencies shall be knowledgeable about, and inform DCHR of, all relevant legal requirements and any changes to these requirements.

All positions shall be classified using the Office of Personnel Management Handbook of Occupational Groups and Families, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf, and may be modified or otherwise established by the Director of DCHR.

Possession of a current license shall be a required qualification for all occupations and professions for which a license is required by District or federal law.

Unless otherwise provided by law, the minimum age requirement for employment with the District government is sixteen (16) years old.

Employees shall be citizens of the United States, lawful permanent residents, or otherwise authorized to work in the United States by the U.S. Citizenship and Immigration Services.

All relevant paid and unpaid job-related experience shall be considered when evaluating candidates for employment and promotion.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 206

6-B DCMR § 207 COMPETITIVE AND NON-COMPETITIVE ACTIONS

COMPETITIVE AND NON-COMPETITIVE ACTIONS

All initial appointments, placements, and subsequent assignments and promotions shall be made by open competition, unless otherwise authorized by this chapter.

Notwithstanding § 207.1, the following actions do not require open competition:

Promotions resulting from the upgrade of a position without a significant change in duties and responsibilities due to the application of a new classification standard or the correction of an initial classification error;

Promotions resulting from an employee's position being reclassified at a higher grade because of an increase in duties and responsibilities or a desk audit without planned management action;

Career ladder promotions when the original competition for the position clearly established the career ladder or when a career ladder is established due to a reclassification or desk audit;

Temporary promotions of 180 days or less;

Promotions of employees who were not properly considered during a competitive promotion action;

Promotions of employees who were erroneously denied a promotion, when ordered by the personnel authority;

Position changes made pursuant to reduction-in-force regulations;

Position changes from a position with known promotion potential to a position at the same or equivalent grade with no known promotion potential, including transfers made pursuant to § 231.2;

Re-promotions to a grade or position from which employees were demoted, when the demotions were neither disciplinary in nature nor at the employees’ request;

Reassignments or transfers to a position of the same or equivalent grade with no greater promotional potential, including a reassignment from a non-supervisory to a supervisory position or a non-manager to a manager position;

Restorations to duty pursuant to § 228.1 at a grade no higher than the last position held;

Conversions of a temporary or term appointment to a regular Career Service appointment with permanent status, when the initial appointment was made through open competition within the Career Service;

Temporary and term appointments of non-educational employees at the Office of the State Superintendent of Education (OSSE) at grade 7 and below; and

Temporary and term appointments made pursuant to § 209.4 and § 219.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 207

6-B DCMR § 208 CAREER LADDERS

CAREER LADDERS

A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

Career ladders shall be approved by the personnel authority. The full-performance level of a career ladder shall be no higher than grade 13 for professional, scientific, and licensed professional positions, and no higher than grade 12 for all other positions.

An agency may promote an employee within his or her career ladder non-competitively up to the full-performance level of the position.

Promotions within a career ladder are not guaranteed. For an employee to be eligible for promotion within a career ladder:

The employee must meet time-in-grade requirements for the next higher-grade position;

The employee must meet the minimum qualification requirements for the next higher-grade position, including selective factors;

The employee must demonstrate to the satisfaction of his or her supervisor his or her ability to perform at the next higher-grade level;

The agency must have work available at the higher-level work to be performed; and

The agency must have available funding for the promotion.

If an agency has a limited number of career ladder promotions available, the agency may promote employees on the career ladder based on seniority, merit, or any other reasonable factor.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 208

6-B DCMR § 209 TEMPORARY AND TERM APPOINTMENTS

TEMPORARY AND TERM APPOINTMENTS

The personnel authority may make a temporary appointment for a limited period of at least ninety (90) days up to twelve (12) months. A temporary appointment may be extended, provided the aggregate temporary appointment is less than twelve (12) months. Except for appointments made pursuant to § 209.4, temporary appointments shall be made through open competition.

The personnel authority may make a term appointment for a limited period of no less than twelve (12) months and no more than four (4) years. Term appointments shall not be used to carry out government business for an indefinite period. Except for appointments made pursuant to § 209.4, term appointments shall be made through open competition.

An individual appointed to a temporary or term appointment shall meet the minimum qualifications for the position.

Consistent with §§ 209.1 and 209.2, the personnel authority may make temporary and term appointments without competition when:

The individual being appointed is eligible for reinstatement under § 220.1; or

The appointment is to a position at grade 12 or below; or

For temporary appointments specifically, there are unusual hiring needs making competition impracticable and the temporary appointment is for a period of thirty (30) days or less;

Notwithstanding § 209.1, a personnel authority may make a temporary appointment to a position in the Career Service for special needs for less than ninety (90) days without open competition.

An employee serving under a temporary or term appointment shall not acquire permanent status solely on the basis of their temporary or term appointment.

For appointments made under § 209.2, and except as authorized under § 209.8 the personnel authority may extend a term appointment, provided the employee does not serve in a term appointment for more than four (4) years consecutively.

When a term appointment is supported by grant funds, the personnel authority may extend a term appointment beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

An employee continuously serving in a Career Service term appointment for more than four (4) years shall:

Be converted to a permanent position, if his or her term appointment was originally made through open competition and funding for the employee is expected to continue;

Be hired into a permanent position through open competition; or

Not be appointed to a new term.

An employee serving under a term appointment is subject to any applicable probationary period.

After satisfactory completion of the probationary period, and prior to the expiration of the appointment, separation of a term employee shall be effectuated in accordance with Chapter 16.

The employment of an individual under a temporary or term appointment shall end on the expiration date of the appointment, on the expiration date of any extension granted by the personnel authority, or upon separation prior to the specified expiration date in accordance with this section.

A temporary employee may be separated without notice prior to the expiration date of the appointment, and without regard to the reduction in force provisions set out in Chapter 24.

Except for those excluded by § 240.1, appointments to the Educational Service (ES) are without job tenure and a date specifying the duration of a time-limited ES appointment shall have no effect on the employee’s job tenure status.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 209

6-B DCMR § 210 JOB POSTINGS AND AREAS OF CONSIDERATION

JOB POSTINGS AND AREAS OF CONSIDERATION

Each competitive appointment shall be advertised for not less than three (3) days.

The area of consideration for each posting shall be sufficiently broad to ensure the availability of high-quality candidates, considering the nature and level of the position(s). For most job postings, the area of consideration will be:

The public;

District employees;

Agency employees; or

Participants in special employment programs pursuant to § 219.3.

The minimum area of consideration shall be the agency, unless otherwise authorized by this chapter or the personnel authority.

Hiring by subordinate agencies for entry-level positions shall first be conducted pursuant to section 801(b-1) of the Comprehensive Merit Personnel Act, effective Mar. 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01(b-1). If no one is selected through this process, then the position shall be filled using the procedures set out in this chapter.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 210

6-B DCMR § 211 INITIAL SCREENING, RATING, AND RANKING

INITIAL SCREENING, RATING, AND RANKING

This section applies to the initial selection of an appointee, and to the selection for internal placement of an employee when the internal placement is by open competition.

The personnel authority shall evaluate applicants on a 100-point scale.

The hiring process shall consist of an initial screening and up to a maximum of three (3) additional rounds of assessment.

Any employment preference points claimed by the applicant shall be added to his or her score in the initial screening process.

Each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. Applicants who do not receive a score of at least seventy (70) points shall be ineligible for further consideration.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 211

6-B DCMR § 212 EMPLOYMENT PREFERENCES

EMPLOYMENT PREFERENCES

Applicants for employment may be eligible to receive advanced standing towards placement when they claim one or more employment preferences: residency preference, veterans’ preference, or foster care youth preference.

An applicant who claims and qualifies for one or more employment preferences receives advanced standing towards placement by having each preference added to their initial screening score.

Applicants who claim an employment preference must provide documentation establishing eligibility. Applicants who fail to provide documentation shall have their application removed from consideration or their contingent offer of employment rescinded.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 212

6-B DCMR § 213 RESIDENCY PREFERENCE

RESIDENCY PREFERENCE

All job postings shall inform District candidates of their eligibility for any applicable residential hiring preference. Such job postings shall also inform candidates of the requirement to remain a District resident for seven (7) years if selected exercising the preference.

A District resident who claims residency preference shall be awarded a ten (10)-point hiring preference. The candidate must be a District resident at the time of application to claim preference.

Applicants who claim residency preference must certify that they are residents of the District and agree, in writing, to maintain residency for a period of seven (7) consecutive years from the date they are hired into the District government notwithstanding any subsequent details, reassignments, transfers, promotions, demotions, or any other internal movement.

Applicants who claimed residency preference shall furnish proof of residency in a manner prescribed by the personnel authority.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 213

6-B DCMR § 214 VETERANS’ PREFERENCE

VETERANS’ PREFERENCE

A veteran who claims and qualifies for a veterans’ preference and meets the qualifications of the position shall be awarded either a five (5)-point or ten (10)-point hiring preference. Points awarded shall vary based on the type of veterans’ preference claimed.

A veteran is eligible to claim a five (5)-point preference when he or she has:

Served in the armed forces of the United States in the Army, Navy, Air Force, Marine, or Coast Guard Service;

Served for more than 180 consecutive days during a time of war, inclusive of contingency operations as defined under 10 U.S.C. § 101 (a)(13);

Been separated from the armed forces through an honorable or general discharge; and

Separated from the armed forces no more than five (5) years prior to the request for veterans’ preference.

A person who was separated with other than an honorable or general discharge may be entitled to the preference if they can show, to the satisfaction of the personnel authority, that the discharge was the result of discrimination. A veteran asserting his or her discharge was because of discrimination shall submit a claim and supporting evidence to the personnel authority. The decision of the personnel authority shall be final.

Any employee of the District who was entitled to veterans’ preference under federal law on January 1, 1979, and who has served in the federal government continuously since that date without a break in service of three (3) days or more, shall be entitled to the same preference for the duration of their service with the District.

An eligible veteran who has a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public law administered by the U.S. Department of Veterans Affairs or a military department, may claim five (5) more points in addition to the points he or she receives pursuant to § 214.2(a)-(c) for a total of ten (10) points, subject to the five (5) year limit established at § 214.2(d). However, the five (5) year limit shall not apply to veterans who are classified by the U.S. Department of Veterans Affairs as suffering a medical impairment of 30 (thirty) percent or more.

The spouse or domestic partner of a disabled veteran may claim a ten (10)-point hiring preference when the veteran is not fit to hold a District government position within the veteran’s primary occupation because of a service-connected disability but would otherwise be eligible for veterans’ preference.

A spouse or former domestic partner of a service member who dies while on active duty may be eligible to claim a ten (10)-point hiring preference. To be eligible, the applicant must not have remarried or entered into a new domestic partnership following the death of the service member. In addition, to be eligible, the former service member’s death must have occurred under circumstances that would not have been cause for separation with other than an honorable or general discharge.

There is no time limit for an eligible spouse or domestic partner to claim a veterans’ preference.

Retirees of the armed forces shall not be eligible to receive the preference.

Veterans shall be required to furnish one or more of the following documents upon request to receive veterans’ preference points:

A copy of the Department of Defense Form 214 (DD 214), Certificate of Release or Discharge from Active Duty;

Certificates indicating Honorable Discharge or General Discharge under honorable conditions or documentation provided to establish eligibility pursuant to § 214.3;

Certificate of transfer to Fleet Naval or Marine Corps Reserve;

Certificate of transfer to Enlisted Reserve Corps;

Report of separation from Service Department, provided honorable separation is shown;

Certificate of Satisfactory Service of release from active duty;

Official statement from Service Department that honorable separation was effectuated; or

Certification from the U.S. Department of Veterans Affairs indicating that the veteran has a service-connected disability.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 214

6-B DCMR § 215 FOSTER CARE YOUTH EMPLOYMENT PREFERENCE

FOSTER CARE YOUTH EMPLOYMENT PREFERENCE

A person who applies for a competitive appointment or promotion and who, at the time of application, is 18 to 21 years of age and is in foster care, or who is within five (5) years of leaving foster care, may be awarded a 10-point hiring preference. To be awarded the foster care youth hiring preference, the applicant must:

Currently be in a foster care program administered by the Child and Family Services Agency (CFSA); or

Currently be a resident of the District and have left a foster care program administered by CFSA within the last five (5) years.

To receive preference, the applicant must provide a letter or other documentation satisfactory to the personnel authority, from CFSA or the Family Court of the D.C. Superior Court showing that the applicant is currently in foster care or showing the date the applicant left CFSA’s supervision.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 215

6-B DCMR § 216 ELIGIBLE APPLICANTS

ELIGIBLE APPLICANTS

Pursuant to § 211.5, each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. The eligible applicants comprise the “register” of eligible applicants.

For purposes of § 216.1, the personnel authority may develop and implement rating and ranking tools necessary for validating applicant scores and assessing candidates. If an applicant’s initial screening score is invalidated using these tools, the candidate may be rejected from further consideration.

A register shall remain in existence until exhausted, except when an earlier termination date is authorized by the personnel authority.

The personnel authority may require an applicant to provide documentary evidence of his or her qualifications and eligibility for any employment preference claimed prior to his or her inclusion in the register.

At the option of the selecting official, the number of applicants forwarded to the selecting official for his or her consideration shall be either the top five (5) or top ten (10) highest-scoring candidates.

Selecting officials shall employ assessment tools consistent with §§ 217 and 218 to select appointees from the applicants forwarded for consideration. If the position is not filled from the forwarded applicants, the selecting official shall provide a written justification for non-selection. Thereafter, the next five (5) or ten (10) highest scoring candidates shall be submitted to the selecting official for consideration. This pattern of justification for non-selection and submission of candidates to the selecting official shall continue until the position is filled or the register is exhausted.

Agencies may seek approval from the personnel authority to select candidates based on their initial screening scores rather than subsequent assessments or evaluations. When this occurs, the candidate who receives the highest score shall be given a conditional offer of employment for the position. In the event more than one candidate is tied for the highest score, a candidate shall be appointed based on the following order of priority:

First, applicants claiming residency preference;

Second, applicants claiming veterans’ or foster care preference;

Third, the earliest submitted application, based on the time and date of application.

Notwithstanding § 402.2, whenever an agency considers a current or former District of Columbia employee for a competitive appointment, the personnel authority shall conduct a general suitability assessment.

Such an assessment shall include determining the candidate’s prior conduct and performance with the District government, the reason(s) for prior separating from each position held and consulting government officials with personal knowledge as to the candidate’s past work performance.

As with any candidate for government service, the personnel authority shall conduct at least three (3) reference checks. References should generally include individuals identified by both the candidate and the personnel authority.

Should a candidate subsequently fail to meet any suitability requirements pursuant to Chapter 4, the selecting official may select another candidate in accordance with §§ 216.5 through 216.7.

Any candidates remaining on a register after a selection has been made may be transferred to the register for any established vacancy with the same area of consideration. The personnel authority is not required to make such a transfer.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 216

6-B DCMR § 217 ASSESSMENTS, EVALUATIONS, AND SELECTION PROCEDURES

ASSESSMENTS, EVALUATIONS, AND SELECTION PROCEDURES

All selection criteria shall be based on a job analysis of a single position, group of positions, an occupation, or a group of occupations having common characteristics. Selection criteria shall, at a minimum, include:

The basic duties and responsibilities; and

The knowledge, skills, and abilities required to perform those duties and carry out the responsibilities in a manner that honors the public trust.

Competitive selection procedures shall:

Consist of written, oral, or performance examinations, or two or more of these examination types;

Be practical in character and fairly test the relative ability and fitness of candidates for jobs to be filled;

Result in selection from among the best qualified candidates;

Be developed and used without bias; and

Comply with other requirements of applicable equal employment opportunity laws.

All competitive selection procedures shall be properly validated prior to their use.

Upon request, agencies shall provide the personnel authority with evidence that the selection procedures used minimize or eliminate discrimination.

Evidence validating competitive selection procedures should demonstrate that the procedure used is predictive of or significantly correlated with required job performance.

The personnel authority may refuse to examine, refuse to declare as eligible after examination, or withhold or withdraw from certification prior to appointment, any person who fails to meet the requirements of the position.

The personnel authority shall permit the rescheduling or alternate scheduling of an examination or interview for a candidate who was unable to attend the administration of an examination or interview because of the following:

Reserve or National Guard drill or summer camp;

Religious beliefs;

Illness or injury of sufficient seriousness as to require hospitalization;

An administrative error on the part of the examining office; or

Other reason acceptable to the personnel authority.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 217

6-B DCMR § 218 INTERVIEW PANELS AND OTHER ASSESSMENT TOOLS

INTERVIEW PANELS AND OTHER ASSESSMENT TOOLS

Baseline interview questions and other assessment tools, such as writing exercises, must be submitted to the recruitment specialist prior to the evaluation of candidates.

When interviews are not used, assessment tools beyond the initial screening, such as writing samples or written examinations, shall be scored on a 100-point scale. Any preference points applied during the initial screening phase shall be added to points earned on the new 100-point scale.

When used, interview panels shall be comprised of a minimum of three (3) and maximum of five (5) individuals who have experience in or in-depth knowledge of the requirements of the position.

At least fifty percent (50%) of the interview panel shall be District government employees.

Interview panelists shall be no more than one (1) grade lower, or its equivalent, than the position to be filled.

When developing a list of panel members, agencies shall identify two (2) alternates who may serve on the panel in the event a panelist is unable to attend an interview due to a personal emergency or scheduling conflict. Names of alternates must be provided to the recruitment specialist prior to the evaluation of candidates.

During, or immediately following a candidate interview, each panelist shall make notes of candidates’ responses to interview questions.

After all candidates have been interviewed, a selection shall be made by majority vote of the panel.

Interviews shall not be scored.

Additional assessment tools, such as writing samples and examinations, may be considered within the context of the interviewing process, but shall not be scored directly.

Final selections must be submitted to the recruitment specialist within two (2) days of the date of the last interview or assessment and shall include a written justification for the selection.

Final selections shall not be authorized without interview notes or other rating criteria from non-interview assessments, whichever applies.

Notwithstanding § 218.3, an agency head, or his or her designee, may interview a final selectee. Based on the interview, the selectee may be rejected. Whenever a final selectee is rejected, the agency head, or his or her designee, shall create a record establishing the specific business justification(s) for the rejection. In the event the final selectee is rejected, the selecting official may return to the existing register of applicants to make a new selection.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 218

6-B DCMR § 219 SPECIAL EMPLOYMENT PROGRAMS

SPECIAL EMPLOYMENT PROGRAMS

Personnel authorities shall establish employment programs designed to attract and utilize persons with minimal qualifications, but potential for employment, and other appropriate target groups to provide career development opportunities.

A person appointed under § 219.1 shall be given a time-limited, temporary or term appointment.

An employee serving in a Career Service position in a program established under this section or a special Excepted Service appointment as defined at D.C. Official Code § 1-609.04(2) may be converted to a permanent Career Service position based upon competition limited to participants in the respective program.

An employee converted to a permanent Career Service position pursuant to § 219.3 is subject to any applicable probationary period.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 219

6-B DCMR § 220 REINSTATEMENTS

REINSTATEMENTS

Except for a person who has a retreat right to a position in the Career Service as provided in Chapters 9 and 10, a person who has served for at least three (3) years shall receive permanent reinstatement eligibility following the date of his or her separation from District government employment if he or she:

Previously held a permanent Career Service appointment;

Was not terminated for cause; and

Meets the minimum qualifications for the position.

A person having reinstatement eligibility may be appointed noncompetitively to a position with no greater promotional potential than that available under his or her last permanent Career Service position, and at an equivalent grade no higher than the grade of his or her last permanent Career Service position.

A person reinstated pursuant to this section shall be appointed to a permanent Career Service position.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 220

6-B DCMR § 221 OFFERS OF EMPLOYMENT

OFFERS OF EMPLOYMENT

All salaries shall be offered and negotiated in accordance with Chapter 11.

An offer shall be conditioned on any general or enhanced suitability screening required under Chapter 4.

No enhanced suitability screening shall be performed prior to the candidate receiving and accepting a conditional offer of employment.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 221

6-B DCMR § 222 ORIENTATION AND ONBOARDING

ORIENTATION AND ONBOARDING

The personnel authority shall design an onboarding program that acclimates employees to the culture and values of the District government and to the employee’s respective agency. At minimum, the onboarding program shall include a comprehensive orientation.

Employee orientation programs shall include:

An overview of the District government’s history, operations, mission, vision, and values; and

Information on the District government’s benefits and retirement programs, workplace wellness initiatives, and other employee benefit programs.

Agencies shall provide new employees with an overview of the agency’s history, mission, vision, and values and how they align with the overall mission of the District government and the Mayor. Agency level orientation programs shall also provide an overview of any applicable agency standard operating procedures, including but not limited to any policies relating to tours of duty, leave, and time reporting.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 222

6-B DCMR § 223 PROBATIONARY PERIODS

PROBATIONARY PERIODS

An agency shall utilize the probationary period as fully as possible to determine the employee’s suitability and qualifications as demonstrated by the employee’s knowledge, skills, and abilities as well as his or her conduct.

Generally, a person appointed to a Career Service position shall be required to serve a probationary period of one (1) year. However, individuals appointed to the following positions shall serve a probationary period of eighteen (18) months:

Individuals hired into correctional officer positions in the Department of Corrections and youth development representative positions in the Department of Youth Rehabilitation Services; and

Individuals hired into emergency or non-emergency operations positions in the Office of Unified Communications.

For purposes of § 223.1(b), “operations positions” mean telephone equipment operators, customer service representatives, and dispatchers.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 223

6-B DCMR § 224 EXTENDING PROBATION

EXTENDING PROBATION

Notwithstanding § 224, the personnel authority may identify classes of positions that shall be subject to a probationary period of longer than one (1) year.

Factors or conditions that would warrant a probationary period requirement longer than one (1) year for a specific class of positions include, but are not limited to:

An agency’s need to provide new hires with formalized classroom or field training, or both, that is pertinent to the position;

An agency’s use of a standardized training evaluation system for new hires, the successful completion of which is a pre-requisite for a new hire to be able to perform the duties of the position; or

A new hire’s need to complete courses or training necessary for receiving certification(s) required for the position.

An agency seeking a probationary period of longer than one (1) year shall submit a written request for authorization to the personnel authority. The justification shall detail the factors or conditions warranting the longer period, with specific reference to the factors outlined in § 224.2, if applicable.

Classes of positions subject to probationary periods of longer than one (1) year shall be published online by the personnel authority. Failure to publish classes of positions subject to a probationary period longer than one (1) year shall not affect the existence of the probationary period.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 224

6-B DCMR § 225 COMPLETING PROBATION

COMPLETING PROBATION

Satisfactory completion of the probationary period is a prerequisite to continued employment in the Career Service.

Upon initial appointment, a probationary employee shall be informed of the performance expectations for his or her position. The performance of a probationary employee shall be evaluated as specified in Chapter 14.

Service credit toward completion of the probationary period shall be given for the following absences:

Leave with pay, except for:

Leave authorized under § 227.3 unless the separation is subsequently reversed; and

Leave in excess of ten consecutive (10) days;

Military duty;

Leave due to a disability arising from work with the District government; and

Separations, suspensions, or furloughs that are subsequently reversed by a personnel authority, an administrative tribunal, or a court.

The probationary period required by § 223 shall be extended for each workday that an employee is in a non-pay status for any reason.

A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave pursuant to § 1286.9.

An employee who is transferred, promoted, or reassigned before they complete probation shall be required to complete the remaining portion of his or her probationary period.

Upon the employee’s return from active military duty an employee shall be required to complete the remaining portion of his or her probationary period, if he or she entered such military duty before completing probation and did not complete probation through service credit during active military duty, and if he or she has restoration rights in accordance with §§ 228 and 220.

Service completed under a temporary or term Career Service appointment or under a special appointment in the Excepted Service as defined in D.C. Official Code § 1-609.04(2) shall be creditable toward completion of the probationary period if:

The service was rendered immediately preceding the appointment or conversion to the permanent Career Service position; and

A new probationary period would not otherwise be required pursuant to § 226 if the employee had satisfactorily completed probation.

No leave granted during a period of advanced notice of termination shall be credited toward completion of the probationary period unless the separation is subsequently reversed.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 225

6-B DCMR § 226 NEW PROBATIONARY PERIODS

NEW PROBATIONARY PERIODS

Except when the appointment is affected with a break in service of three (3) days or more, or as otherwise specified in this chapter, an employee who once satisfactorily completed a probationary period in the Career Service shall not be required to serve another probationary period.

An employee who once satisfactorily completed a probationary period in the Career Service shall be required to serve another probationary period when the employee:

Is appointed through open competition to a position with a different educational requirement;

Applies for and is appointed from a register to a uniformed position in the Metropolitan Police Department or the Fire and Emergency Medical Services Department; or

Is appointed through open competition to a position with different licensure, certification, or other similar requirements.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 226

6-B DCMR § 227 SEPARATION OF PROBATIONARY EMPLOYEES

SEPARATION OF PROBATIONARY EMPLOYEES

Whenever a Career Service employee fails to perform his or her duties at a satisfactory level during the probationary period, probation shall be terminated and the employee shall be separated from government service.

When an employee is separated pursuant to § 227.1, the personnel authority shall notify the employee in writing of the effective date of the separation.

The personnel authority may provide a probationary employee advanced written notice of his or her separation and may place the employee on administrative leave for up to ten (10) days prior to the effective date of the separation.

Separation from government service during a probationary period is neither appealable nor grievable.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 227

6-B DCMR § 228 RETURNING TO DUTY

RETURNING TO DUTY

The following “covered” employees are eligible to be returned to duty:

Employees whose absences from their positions are necessitated by military service and who have reemployment rights and benefits pursuant to 38 U.S.C. § 4312;

Employees who are receiving disability compensation pursuant to Title 7, Chapter 1, of these regulations; and

Uniformed members of the Metropolitan Police Department (MPD) and Fire and Emergency Medical Services Department (FEMS) who are retired because of disability pursuant to D.C. Official Code §§ 5-709 or 5-710.

Except for uniformed members of MPD and FEMS who have been retired for disability, an agency shall:

Identify the position vacated and maintain necessary records to ensure rights and benefits are granted as required;

Consider covered employees for all promotions for which the employee would have been considered had the employee not been absent;

If the position of the covered employee is reclassified to a higher grade, place the employee in the regraded position upon restoration to duty; and

If the position or function of the covered employee is moved to another agency, and the employee would have been moved with the function, the gaining agency shall retain the employee in the same or like position, with no adverse financial impact on the employee, and shall assume the responsibility of restoring the employee to duty.

When it can be determined that the employee would have received a promotion had he or she not been absent, the employee shall be promoted effective on the date the promotion would have been made had the employee not been absent.

Unless occupied by an employee in a higher retention group under Chapter 24, an employee covered by § 228.1(a) or (b) shall be restored to a position of like status and pay in the following order of priority:

To the position he or she would have been promoted to, or its equivalent, during their absence;

To the employee's former position; or

To the next best available position in the employee’s agency for which the employee is qualified.

If two (2) or more employees are entitled to be returned to the same position, the employee who left his or her position first shall be returned first.

If an agency is abolished and its functions are not transferred to another agency, the personnel authority shall secure a list of all employees having return-to-duty rights under this section and shall carry out the return-to-duty process as required.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 228

6-B DCMR § 229 RETURNING FROM MILITARY DUTY

RETURNING FROM MILITARY DUTY

An employee who is covered by § 228.1(a) may resign or may be either separated or furloughed, i.e., placed on leave without pay status, by the District while he or she is on military duty by his or her agency. Regardless of the nature of the administrative action taken, all such employees shall be entitled to be returned to duty pursuant to this section. Employees who are eligible for military leave pursuant to § 1262 may use military leave.

An agency shall not demote or separate an employee while the employee is on furlough or military leave pursuant to § 1262. If the employee's position is abolished during his or her absence, the agency shall reassign the employee to another position of like status and pay upon returning to duty with the District government.

If an employee returning from military duty applies for re-employment within ninety (90) days after discharge from service, or from hospitalization continuing after discharge for a period of not more than one (1) year, the employee shall be returned to duty as soon as possible, but no later than thirty (30) days after submitting his or her complete application.

When a disability sustained during military duty disqualifies an employee from returning to a position of right, the personnel authority shall return the employee to duty in a position for which he or she is qualified and provides like status and pay, to the extent possible.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 229

6-B DCMR § 230 RETURNING FROM A WORKPLACE DISABILITY

RETURNING FROM A WORKPLACE DISABILITY

An agency shall carry employees covered under § 228.1(b) on leave without pay for two (2) years (the “two- (2) year period”) from the date of lessening of disability as determined by the Public Sector Workers’ Compensation Program or, in the case of an employee holding a temporary or term appointment, until the expiration of the appointment, whichever occurs first.

At the end of the two- (2) year period, an agency shall separate the employee according to the procedures established in § 1605. An employee holding a temporary or term appointment that expires during the two- (2) year period shall be separated upon the expiration of his or her temporary or term appointment.

While on leave, employees shall be subject to the same terms and conditions of employment as though the disability had not occurred.

When an employee is medically capable of resuming full-time employment, the employee shall be immediately returned to duty in his or her former position, or its equivalent, unless the employee is no longer fit for duty or held a temporary or term appointment that expired. For purposes of this subsection, an equivalent position includes a reassignment or transfer to another position at no less than the employee’s preinjury salary.

When an employee is not medically capable of resuming full-time employment because of compensable injury within the two- (2) year period, and is separated pursuant to § 230.2, the employee shall be provided priority consideration for re-employment to the position he or she occupied, or its equivalent, provided he or she is fit for duty and applies for re-employment within thirty (30) days of termination of workers’ compensation indemnity payments.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 230

6-B DCMR § 231 TRANSFERS

TRANSFERS

A transfer occurs when an employee moves from a position under one personnel authority to another position under a different personnel authority. Transfers shall be coordinated between the respective personnel authorities.

An employee may be transferred noncompetitively from his or her current position to a new position under a different personnel authority when the new position is of the same or equivalent grade and has no additional promotional potential.

Whenever a transfer alters the substantive rights or benefits of an employee, the employee must agree to the transfer in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 231

6-B DCMR § 232 REASSIGNMENTS

REASSIGNMENTS

A reassignment occurs when an employee is permanently moved from one position to another at the same or equivalent grade within an agency or to another agency under the same personnel authority.

A personnel authority may reassign an employee to another position when the reassignment is to a position in the same service (Career or Educational) at an equivalent grade with no additional promotional potential, and the employee is qualified for the new position.

Whenever a reassignment alters the substantive rights or benefits of an employee, the employee must agree to the reassignment in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 232

6-B DCMR § 233 DETAILS

DETAILS

A detail occurs when an employee is temporarily reassigned to a position at the same or equivalent grade.

Details may be made within an agency or to another agency under the same personnel authority. Details are also authorized between personnel authorities provided both authorities agree to the details.

Details shall be temporary in nature to meet a time-limited employment need of not more than 180 days.

The personnel authority may extend the time limit established in § 233.3 for good cause.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 233

6-B DCMR § 234 PROMOTIONS

PROMOTIONS

A promotion occurs when an employee is permanently appointed to a position at a higher equivalent grade or to a position with additional promotional potential.

Promotions may be made within an agency or to another agency under the same personnel authority. A promotion is also authorized between personnel authorities provided both authorities agree to the promotion.

Except as provided in § 207.2 or § 228.3, employees shall be promoted using competitive appointment procedures.

To be eligible for promotion, a candidate shall meet the minimum qualification standards adopted for the position and time-in-grade requirements.

The personnel authority shall ensure that each employee within the area of consideration who is absent for a legitimate reason receives appropriate consideration for promotion. Absences for legitimate reasons include, but are not limited to, absences due to detail, authorized leave, training, military service, disability, and temporary assignments pursuant to Chapter 27.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 234

6-B DCMR § 235 TEMPORARY PROMOTIONS

TEMPORARY PROMOTIONS

A temporary promotion occurs when an employee is reassigned to a different position at a higher equivalent grade or to a position with additional promotional potential to meet a time-limited employment need.

Temporary promotions may be made to positions within an agency or to another agency under the same personnel authority. A temporary promotion is also authorized between personnel authorities provided both authorities agree to the temporary promotion.

Temporary promotions shall last no fewer than thirty (30) days and, except as provided in § 235.7, no longer than four (4) years to fulfill a specific time-limited need or project.

An agency may temporarily promote an employee without competition for no longer than 180 days. Agencies shall use competitive appointment procedures for temporary appointments that exceed 180 days.

Employees who are temporarily promoted shall be notified in writing as to the terms of the temporary promotion, including the date the promotion expires.

The personnel authority may extend a temporary promotion so long as the total length of the temporary promotion does not exceed four (4) years, except that this period may be extended as provided in § 235.7. Any changes in the terms of a temporary promotion, including its duration, shall be reduced to writing and provided to the employee.

When a temporary promotion is supported by grant funds, the personnel authority may extend a temporary promotion beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

Upon fulfillment of the temporary employment need, completion or termination of the assigned project, or the expiration of the temporary promotion, whichever occurs first, the agency shall return the employee to the position from which he or she was temporarily promoted or to a position with equivalent pay and promotional potential for which he or she is qualified.

Competitive temporary promotions may be made permanent without further competition.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 235

6-B DCMR § 236 DEMOTIONS

DEMOTIONS

A demotion occurs when an employee is permanently reappointed from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

Demotions may be made within an agency or to another agency under the same personnel authority. Demotions are also authorized between personnel authorities provided both authorities agree to the position change.

A personnel authority may demote a Career Service employee for cause pursuant to the procedures established in Chapter 16, provided the employee qualifies for the new position.

An employee may voluntarily accept a demotion to a new position, provided the employee is qualified for and accepts the new position with the lesser rights or benefits in writing.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 236

6-B DCMR § 237 RESTRICTIONS ON EMPLOYEE MOVEMENTS

RESTRICTIONS ON EMPLOYEE MOVEMENT

Employees may be detailed, reassigned, transferred, or promoted, consistent with this chapter, provided the employee has served in his or her current position for at least three (3) months. Three (3) months of service is not required for position changes due to reclassification.

A detail, reassignment, transfer, or promotion to a position with less rights or benefits may only be effected when the employee waives those rights or benefits in writing. Such a waiver shall be included in the employee’s official personnel record.

No Career Service employee may be detailed, temporarily promoted, reassigned, or transferred from a non-covered position to a covered position, as defined by Chapter 4, unless the employee first agrees in writing to the required enhanced suitability screenings.

Except when waived, any employee's right to continued employment shall not be impacted by a promotion, demotion, or reassignment.

An agency may move an employee from one position to another when:

All necessary classification actions have been completed;

The employee satisfies all qualifications and other requirements; and

For movements involving involuntary reduction in grade, rank, or pay, the applicable procedural requirements have been met.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 237

6-B DCMR § 238 TIME-IN-GRADE REQUIREMENTS

TIME-IN-GRADE REQUIREMENTS

Employees may advance by promotion or appointment no more than one (1) grade interval, except when he or she meets the following time-in-grade requirements:

For employees at grade 12 or above, only after he or she has served one (1) year at the next lower grade, or the equivalent;

For an employee at grades 6 through 11, only after he or she has served:

One (1) year in a position two (2) grades lower, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at two (2) grade intervals; or

One (1) year at the next lower grade, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at one (1) grade intervals; and

An employee may be advanced to a position at grade 5 or below without regard to time-in-grade requirements.

Notwithstanding § 238.2, the personnel authority may, but is not required to, waive the time-in-grade requirement when the employee competes for the higher-graded position and is selected based on objective business criteria. Objective business criteria include:

The employee’s work experience, including prior work performed at or above the new grade;

The employee’s education, superior academic credentials, or superior academic achievements; and

Internal equity.

If selected for the higher-grade position, an employee who was granted a waiver of the time-in-grade requirements shall be required to complete one (1) year of service in the new position before he or she is eligible for further promotion.

When applying the time-in-grade requirements of this section and crediting prior service and experience towards meeting time-in-grade, an employee will receive credit for:

Prior District or federal government service under an appointment at the same or higher grade than the employee’s current appointment;

Any relevant specialized experience with the military, state, or local governments, or with the private sector; and

Any relevant college or university education.

The personnel authority shall develop procedures for the granting of waivers of the time-in-grade requirements and the circumstances and conditions for crediting prior service towards meeting time-in-grade.

The personnel authority may not grant time-in-grade waivers for career ladder promotions.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 238

6-B DCMR § 239 VOLUNTEERS

VOLUNTEERS

To better support the provision of services to District residents, businesses, and visitors, the District of Columbia government welcomes volunteers to augment governmental programs and services to the greatest extent possible.

An agency may establish a volunteer program and accept volunteer services to:

Supplement existing programs and services that are staffed by District government employees by providing services for roles that are not yet filled, or duties that are not being carried out, by employees;

Create a government service that would not otherwise be available with existing programs or resources;

Temporarily cover a District government employee’s duty during the employee’s temporary absence; and

Temporarily provide regular District government employee duties to address temporary workload increase or to temporarily assist with an existing work backlog.

An agency shall not accept regularly scheduled volunteer services from an employee of the agency if the volunteer services to be provided by the employee would be the same type of work the employee performs as part of their normal work duties for the agency.

To be eligible to perform volunteer services for the District of Columbia, an individual must:

Be age fourteen (14) or older (with parental consent required for volunteers under age eighteen (18));

Be qualified to carry out the specific duties and responsibilities of the anticipated volunteer services, including but not limited to any applicable physical and mental health requirements established pursuant to Chapter 20 of this subtitle;

Be able to carry out the volunteer services without a conflict of interest or the appearance of a conflict as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03) and Chapter 18 of this subtitle;

Be able to successfully undergo any suitability checks required under Chapter 4 of this subtitle;

Not be precluded from performing volunteer services by law; and

Be advised of the scope of their volunteer duties and agree, in writing, to perform such duties according to the terms and conditions established by the agency and these rules.

To provide volunteer services, an eligible individual must apply to the agency for which they will perform volunteer services.

After an agency selects an individual to provide volunteer services for the agency, the agency and the volunteer shall execute a volunteer services agreement. The agreement shall include:

The nature and scope of the volunteer service(s) to be performed;

The District government employee who will serve as the volunteer’s supervisor; and

Notices informing the volunteer that they:

Are subject to the employee conduct rules established at Chapter 18 of this subtitle;

Are prohibited from engaging in political activity as specified for employees under Sections 3 and 4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03);

Are prohibited from undertaking matters where they have a conflict of interest as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03(a)) while engaged in volunteer service;

Are not eligible for any employee benefits, including health, life, retirement, unemployment compensation, leave accruals, and collective bargaining; and

Serve at the pleasure of the agency, and that their service may be terminated for any reason whatsoever, at any time, and such termination is neither grievable nor appealable.

An agency shall use volunteer service applications, agreement forms, and procedures published by the Director of the Department of Human Resources.

To the extent feasible, an agency shall assign each volunteer to a District government employee or staff member(s) designated by the agency who shall:

Determine and monitor the days and hours when volunteer services shall be performed;

Assign specific duties and tasks to the volunteer;

Supervise and control the volunteer’s activities;

Provide informal performance feedback; and

Sign or approve any pertinent forms for the volunteer, such as for community service hours required by a court, for high school graduation, or merit badges.

An agency shall not use volunteer services directly or indirectly to support a reduction in force action under Chapter 24 of this subtitle, or to otherwise displace any actual employees.

A volunteer shall be covered under the following provisions:

Chapter 4 (Suitability) of this subtitle;

Chapter 20 (Health) of this subtitle;

Title XXIII of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.01 et seq.); and

The District of Columbia Employee Non-Liability Act, approved July 14, 1960 (74 Stat. 519; D.C. Official Code § 2-411 et seq.).

A volunteer shall not engage in political activity as prohibited for employees under Sections 3 and 4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03).

Notwithstanding the definition of “employee” set forth in § 299, and to the extent practicable, a volunteer shall be considered an employee for purposes of:

Chapter 18 (Employee Conduct) of this subtitle;

Chapter 31 (Records Management and Privacy of Records) of this subtitle; and

Chapter 40 (Travel Expenses) of this subtitle.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 010413 (September 26, 2025). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 239

6-B DCMR § 240 EMPLOYEES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

EMPLOYEES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

An individual appointed, or one reappointed, to a position within the Educational Service in the Office of the State Superintendent of Education (OSSE) shall serve without tenure, except for employees:

Organized under a collective bargaining unit;

Appointed before January 1, 1980;

Based at a local public or public charter school or who provide direct services to individual students; or

Serving with tenure as required by court order.

Except for the State Superintendent of Education and any Excepted Service employees, every employee of OSSE shall be classified as an Educational Service employee.

An OSSE employee in the Educational Service shall serve a one (1)-year probationary period from his or her date of hire and may be terminated without notice or evaluation. Separation from government service during a probationary period is neither appealable nor grievable.

Except for those excluded by § 240.1, and notwithstanding § 1602.1, OSSE employees in the Educational Service who have satisfied their probationary period serve “without job tenure” and may be separated for any reason, or no reason at all, provided the employee:

Receives at least a fifteen (15)-day advanced notice of the separation; and

Received at least one (1) performance evaluation, either in writing or verbally, at least thirty (30) days prior to and no longer than six (6) months before the separation.

An employee referred to in § 240.4 may be terminated without notice or evaluation for the following reasons:

Conviction of a felony at any time following submission of an employee’s job application;

Conviction of any type of crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;

Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;

Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or

Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance.

An employee terminated for non-disciplinary reasons pursuant to § 240.3 may be given separation pay in accordance with § 913.

Sections 1614 and 1625 shall not apply to employees separated pursuant to § 240.3.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 240

6-B DCMR § 241 PROHIBITED PRACTICES

PROHIBITED PRACTICES

No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position, for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

No public official or personnel authority may appoint, employ, promote, or advance an individual in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 241

6-B DCMR § 299 DEFINITIONS

299.1 For the purposes of this chapter, the following definitions apply:

Area of consideration ─ the area in which applications will be accepted in a specific recruitment action.

Break in service ─ the period between separation and reemployment.

Career ladder ─ A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

Career Service ─ all positions, including part-time positions, of the District government that are not included in the Educational Service, Excepted Service, Legal Service, Management Supervisory Service, or Executive Service.

Conversion ─ the changing of a temporary or term Career Service position to a permanent Career Service position.

Days ─ calendar days for all periods of more than ten (10) days and business days for all periods of ten (10) days or less.

Demotion ─ the permanent appointment of an employee from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

Detail ─ the temporary reassignment of an employee to another position at the same or equivalent grade.

Employee ─ an individual who performs a function of the District government and receives compensation for the performance of such services, excluding contractors and their employees or subcontractors.

Equivalent grade – when comparing two (2) salary schedules, two (2) grades on the respective schedules are equivalent when the midpoint salaries for both grades are plus or minus ten percent (+/- 10%).

Foster care ─ Twenty-four (24)-hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

Foster child ─ a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code § 16-2320 or whose parents’ parental rights have been relinquished pursuant to D.C. Official Code § 4-1406.

Manager ─ an employee vested with the authority to direct the work of an organization; held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the process of an organization toward meeting goals; and making adjustments in objectives, work plans, schedules, and commitment of resources. A manager serves as a head or assistant head of a major organization or specialized project of marked difficulty, responsibility, or community significance.

Open competition ─ a hiring process that considers all applicants within an area of consideration for a given job.

Personnel authority ─ an individual or entity with the authority to administer all or part of a personnel management program within the District government.

Planned management action ─ an action wherein management has a recognized option or alternative to assign work between two (2) or more employees and assigns the work to a particular employee.

Position change ─ a promotion, demotion, reassignment, or transfer.

Probationary period ─ except otherwise specified in this chapter, a one-year (1-year) trial period when an employee must demonstrate his or her qualification and ability for the position.

Promotion ─ the change of an employee to a position at a higher equivalent grade or with additional promotional potential.

Public official ─ an officer, an employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

Qualified candidates ─ those who meet established qualification requirements for the position, including any selective factors.

Reassignment ─ the permanent change of an employee from one position to another without promotion or demotion under the same personnel authority.

Relative ─ a person’s father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Register ─ a list of eligible applicants for a given vacancy announcement.

Selective factors ─ knowledge, skills, or abilities essential for successful performance of a job, which are in addition to the basic qualification standard for a position.

Subordinate agency – any agency under the direct administrative control of the Mayor, including, but not limited to, agencies as provided in Section 301(17) of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-603.01(17)).

Temporary appointment ─ a time-limited appointment as described in § 209.1.

Temporary promotion ─ a time-limited promotion as defined in § 235.1.

Term appointment ─ a time-limited appointment as described in § 209.2

Transfer ─ movement of an employee from one personnel authority to another personnel authority at the same equivalent grade and with the same promotional potential.

Volunteer – a person who donates their services to a specific program or department of the District of Columbia government, by their own free choice, without expectation of any future benefit from the government, and without payment for the services rendered. The reimbursement of the actual expenditures by a volunteer on behalf of the District of Columbia government shall not make that person an employee of the District of Columbia for purposes of this chapter.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 010413 (September 26, 2025). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 299

6-B3 RESIDENCY

6-B DCMR § 300 POLICY AND APPLICABILITY

POLICY AND APPLICABILITY

The Government of the District of Columbia (“District government”) prioritizes the hiring of District residents into District government jobs to bolster the District’s economy and to facilitate a shared interest in the optimal functioning of the District government.

All the provisions of this chapter shall apply to subordinate agencies. Sections 301.1(c), 301.1(d), 304, 305, 309, and 399 shall also apply to independent agencies.

The residency requirements of this chapter shall not apply to appointments made prior to May 23, 2019, if residency was not a requirement for that appointment or if an existing residency waiver for that appointment is still in effect.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 300

6-B DCMR § 301 JOBS REQUIRING RESIDENCY

JOBS REQUIRING RESIDENCY

301.1 The following categories of District government employees are required to reside in the District within one hundred and eighty (180) after the employee’s first day of work with the District government and to remain a resident of the District during their incumbency in an employment position subject to this requirement:

Employees in the Excepted, Executive, and Senior Executive Attorney Services;

Legal Service employees of the Council of the District of Columbia;

Employees hired or re-hired on or after May 23, 2019, in the Career, Management Supervisory, or Educational Service at an annual salary of one hundred fifty thousand dollars ($150,000) or more; and

Agency heads.

An employee who is required to be a resident of the District pursuant to § 301.1 must prove District residency within one hundred eighty (180) days after his or her first day of work.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 37 DCR 4117 (June 22, 1990); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 301

6-B DCMR § 302 RESIDENCY PREFERENCE POINTS FOR COMPETITIVE JOBS

302.1 Personnel authorities shall use a one hundred (100) point scale for all competitive hiring decisions for jobs in the Career, Educational, Legal, and Management Supervisory Services.

302.2 An applicant for employment in the Career, Educational, Legal, or Management Supervisory Service who resides in the District at the time of application may elect to receive ten (10) District residency preference points, which shall be in addition to any points the applicant receives under the one hundred (100) point scale required by § 302.1.

302.3 When assessment tools beyond the initial screening are used, such as writing samples or written examinations, applicants shall be scored on a new one hundred (100) point scale. Any residency hiring preference points applied during the initial screening phase shall be re-applied to the new one hundred (100) point scale.

302.4 An employee appointed to a position for which he or she elected District residency preference points shall agree in writing to remain a resident of the District for a period of seven (7) consecutive years from the effective date of the employee’s appointment, regardless of subsequent promotion, reassignment, transfer, demotion, or any other internal movement within District government. The employee shall execute this written agreement no later than the first day of work for the District government.

302.5 An employee who is required to be a resident of the District pursuant to § 302.4 must prove District residency on or before his or her first day of work.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 40 DCR 2485 (April 16, 1993); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 302

6-B DCMR § 303 PROOF OF RESIDENCY PRIOR TO APPOINTMENT

303.1 Personnel authorities shall verify District residency for those employees subject to the District residency requirement under § 302.4 no later than the employee’s first day of work.

303.2 Personnel authorities shall verify District residency for employees subject to the District residency requirement under § 301.2 no later than one hundred eighty (180) days after the employee’s first day of work.

303.3 Residency shall be verified by:

(a) Reviewing the appointee’s non-expired driver’s license or non-driver identification issued by the Department of Motor Vehicles (“DMV”); and

(b) Verifying that the appointee has elected the District for purposes of income tax withholding in the applicable human resources information system.

303.4 If an appointee who is required to be a District resident does not have a non-expired driver’s license or non-driver identification issued by DMV as required by § 303.3(a), the appointee may provide substitute documentation that is satisfactory to the personnel authority. Substitute documentation shall include a combination of four (4) or more proofs of residency, such as:

(a) Voter registration card;

(b) Motor vehicle registration;

(c) Certified deed or current lease or current rental agreement for real property for the employee’s principal place of residence in the District;

(d) Cancelled checks or receipts for mortgage or rental payments for the employee’s principal place of residence in the District;

(e) Utility bills and payment receipts for the employee’s principal place of residence in the District;

(f) A copy of a bank account statement in the name of the employee mailed to the employee’s principal place of residence in the District;

(g) Copies of credit card or brokerage account statements mailed to the employee’s principal place of residence in the District;

(h) Copies of automobile insurance statements for the employee mailed to the employee’s principal place of residence in the District; or

(i) Sworn affidavit.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 303

6-B DCMR § 304 HARDSHIP WAIVER

304.1 When an employee suffers an extraordinary hardship and must relocate to another state (or remain in another state, in the case of an individual subject to the residency requirement under §§ 301.2 and 302.4) due to exceptional circumstances beyond the employee’s control, the employee may apply for a hardship waiver to suspend the residency requirements.

304.2 Application for a hardship waiver shall be made in writing to the personnel authority and, for subordinate agencies, according to any procedures established by the Director of the Department of Human Resources (Director).

304.3 Within thirty (30) days after receiving an application for a hardship waiver, the personnel authority shall issue a written decision either approving or denying the application.

304.4 The written decision shall provide a justification for the personnel authority’s decision. Each written decision shall state whether:

(a) There is evidence that the hardship exists;

(b) The hardship necessitates residence outside of the District; and

(c) Granting the waiver is in the best interest of District government.

304.5 A hardship waiver issued pursuant to this section may be issued for no longer than one (1) year.

304.6 A residency waiver granted before May 23, 2019, shall remain effective for the duration of the individual’s appointment to the position for which the individual received the waiver.

304.7 At the request of the Inspector General, the Director may issue residency waivers for new positions or hires in the Office of the Inspector General. Such waivers shall be issued only for new positions or hires that present exceptional circumstances or are hard-to-fill positions. Waivers issued under this subsection are not subject to the time limits imposed by § 304.5.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 40 DCR 2485 (April 16, 1993); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 304

6-B DCMR § 305 PERIODIC VERIFICATIONS

305.1 The Director shall annually verify employees’ compliance with the residency requirements established in §§ 301 and 302 at both subordinate agencies and independent agencies.

(a) Residency shall be verified electronically with data from the DMV and based on income tax withholding data maintained in the applicable human resources information system.

(b) At his or her discretion, the Director may conduct more frequent verifications than required by this subsection.

305.2 In addition to the electronic verification established pursuant to § 305.1, the Director shall establish additional annual auditing criteria for verifying residency, which may include physical verification that employees possess a valid DMV-issued driver’s license or non-driver identification.

305.3 The additional auditing criteria specified in § 305.2 shall be applied annually to at least:

(a) Twenty percent (20%) of randomly selected subordinate agency employees who are required to maintain District residency; and

(b) All employees in at least three (3) randomly selected independent agencies or instrumentalities.

305.4 The Director may apply any additional auditing and investigatory techniques deemed appropriate to adequately verify District residency.

305.5 Whenever the Director determines that an employee is not in compliance with District residency requirements, the Director shall take the following steps:

(a) For a subordinate agency employee, the Director shall separate the employee in accordance with the procedures established in § 306; and

(b) For an employee in an independent agency, the Director shall notify the applicable personnel authority of his or her findings and, if the employee is found not in compliance with District residency requirements, the applicable personnel authority shall separate the employee in accordance with the procedures adopted by the relevant personnel authority.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 51 DCR 9309 (October 1, 2004); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 305

6-B DCMR § 306 FORFEITURE OF EMPLOYMENT

306.1 Except for employees who have been issued a hardship waiver pursuant to § 304 or issued prior to May 23, 2019, an employee who is subject to and fails to meet the residency requirements of §§ 301 and 302 forfeits his or her District employment, which shall be cause for separation.

306.2 Notwithstanding §§ 1600.2 and 1626 of this Subtitle, whenever there is cause for separation based on a forfeiture of District employment under this chapter, the forfeiture shall be processed as an adverse action consistent with the following procedures:

(a) For employees in the Career and Educational Services, §§ 1614, 1618, 1621, 1622, 1623, and 1625 of Subtitle 6B shall apply.

(b) For employees in the Excepted, Executive, Senior Executive Attorney, Legal, and Management Supervisory Services, §§ 1614, 1618, 1621, 1622, 1623, and 1628 of Title 6-B DCMR shall apply. For purposes of filing a grievance, the grievance official shall be the personnel authority and the grievance shall be reviewed as a final decision pursuant to § 1633.

(c) For the purposes of §§ 1618, 1622, and 1623 of Title 6-B DCMR , the applicable personnel authority shall designate the proposing official, the administrative review officer, and the deciding official.

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 306

6-B DCMR § 307 [RESERVED]

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 51 DCR 9309 (October 1, 2004); as amended by Final Rulemaking published at 55 DCR 6259 (May 30, 2008); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 307

6-B DCMR § 308 [RESERVED]

History

• SOURCE: Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 52 DCR 2069 (March 4, 2005); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 308

6-B DCMR § 309 REPORTING

REPORTING

309.1 No later than November 30 of each year, the Director shall submit a report through the Mayor to the Council covering the previous fiscal year. The report shall, for each agency:

(a) Identify each employee newly hired by the agency, providing each employee’s agency, name, job title, pay schedule, and state of residence;

(b) Provide the percentage of new hires at the agency who are District residents;

(c) Identify each hardship for which a waiver was issued, providing each employee’s name, agency, job title, pay schedule, and the nature of the hardship warranting the waiver; and

(d) Identify each employee who failed to meet a residency requirement, providing each employee’s name, agency, job title, the action taken, and the reason for the action taken.

309.2 No later than October 31 of each year, each independent agency and instrumentality shall submit a report to the Director covering the previous fiscal year. The report shall:

(a) Identify each employee newly hired by the agency or instrumentality, providing each employee’s name, job title, pay schedule, and state of residence;

(b) Provide the percentage of new hires by the agency or instrumentality who are District residents;

(c) Identify each hardship for which the agency or instrumentality issued a residency waiver, providing each employee’s name, job title, pay schedule, and the nature of the hardship warranting the waiver; and

(d) Identify each employee who failed to meet a residency requirement, providing each employee’s name, job title, the action taken, and the reason for the action taken.

History

• SOURCE: Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 309

6-B DCMR § 399 DEFINITIONS

399.1 For the purposes of this chapter, the following meanings apply:

Agency– any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term “agency” also includes any unit of the District of Columbia government created by the reorganization of one or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" does not include the Council.

Agency head – the highest ranking executive official of an agency.

Days – calendar days for all periods of more than ten (10) days; otherwise, days are workdays.

Director – the Director the Department of Human Resources or his or her designee.

District – the District of Columbia

District resident – an individual who primarily lives in the District of Columbia and intends the District of Columbia to be his or her home.

Exceptional circumstances – conditions or facts that are uncommon or deviate from or do not conform to the norm.

Forfeiture of employment – the loss of employment.

Hard-to-fill position – a position designated as a hard-to-fill position pursuant to § 911.4 based on demonstrated recruitment and retention problems inherent to the position due to unique duties, responsibilities, and highly specialized qualification requirements.

Human resource information system – the software used by the personnel authority to manage human resources related business processes and data, including payroll. Most District agencies use PeopleSoft, which is managed by the Department of Human Resources, as their human resource information system.

Independent agency – an agency that is not a subordinate agency

Personnel authority – an individual or entity authorized by D.C. Official Code § 1-604.06 (2016 Repl.) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity. The Director is the personnel authority for agencies under the personnel authority of the Mayor except the Metropolitan Police Department and the D.C. Public Schools.

Subordinate agency – any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in Section 301(q) of the CMPA (D.C. Official Code § 1-603.01(17) (2016 Repl.)).

History

• SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 399

6-B4 SUITABILITY

6-B DCMR § 400 EMPLOYEE SUITABILITY POLICY

400.1 The District government maintains a highly qualified and diverse workforce comprised of suitable individuals of moral character and dedication who carry out government business in a manner that honors the public trust. These employees are committed to promoting the safety and security of District personnel, residents, visitors, and government property.

400.2 It is the policy of the District government to assess the suitability of each applicant, appointee, volunteer, and employee through uniform background checks and drug and alcohol testing, as deemed necessary, which meet the District’s need for flexible personnel administration, government accountability, individual privacy, and other constitutionally protected rights.

400.3 General background checks, criminal background checks, and mandatory drug and alcohol testing shall be utilized to ensure that each applicant, appointee, volunteer, and employee possesses the character and background necessary to enhance the integrity and efficiency of the District government.

400.4 Unless otherwise specified in this chapter, an employee deemed unsuitable pursuant to this chapter, will be subject to immediate removal. At the discretion of the agency, the employee may be reassigned within the same agency to a non-covered position for which he or she is qualified and otherwise suitable.

History

• SOURCE: Final Rulemaking published at 32 DCR 75 (January 4, 1985); as amended by Final Rulemaking published at 51 DCR 928 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 400

6-B DCMR § 401 APPLICABILITY

401.1 Unless otherwise specified, the provisions of this chapter shall apply to all applicants, appointees, volunteers, and employees for positions within the District government agencies under the personnel authority of the Mayor.

401.2 Applicants, appointees, volunteers, and employees for positions within the District government under the personnel authority of independent agencies are subject to the provisions of this chapter, unless otherwise specified by law, rules, or regulations.

401.3 Negotiated labor agreements shall be read to give effect to this chapter to the fullest extent possible. However, in the case of an irreconcilable conflict, a labor agreement shall control with respect to the specific conflict.

History

• SOURCE: Final Rulemaking published at 32 DCR 75 (January 4, 1985); as amended by Final Rulemaking published at 51 DCR 928 (January 23, 2004); and as amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 401

6-B DCMR § 402 GENERAL SUITABILITY SCREENING

402.1 After the issuance of an offer of employment, and to the extent practicable before actual employment commences, all individuals shall undergo a general suitability screening. The personnel authority shall conduct a general suitability screening that includes verification of the following:

Past employment, including dates, compensation, titles held, duties, performance, and reason for separation;

Educational background, including all relevant diplomas and degrees;

(c) Licenses, certifications, and training, required for the position; and

(d) At least three (3) reference checks to ascertain character, reputation, relevant traits, and other relevant qualities, and whether the individual providing the reference would recommend the applicant for the position for which he or she is being considered. The reference checks shall be made with the individual’s former employer; except, that personal references may be utilized instead of, or in addition to, checks with former employers, as deemed necessary by the personnel authority.

402.2 Unless otherwise provided by law, regulation, or Sections 406 through 438, in filling a position subject to a general suitability screening, a screening need not be conducted if the appointee is already employed with the District government in a position subject to a general suitability screening, and the nature of the personnel action for the new appointment is one (1) of the following:

(a) Promotion;

(b) Demotion;

(c) Reassignment; or

(d) An appointment or conversion of an employee who has been serving continuously with a District government agency for at least one (1) year in a position(s) under an appointment subject to a general background check.

402.3 Nothing in this section shall preclude the personnel authority from conducting a general suitability screening of an applicant prior to the issuance of an employment offer.

History

• SOURCE: Final Rulemaking published at 33 DCR 4447 (July 25, 1986); as amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 402

6-B DCMR § 403 CONDUCTING GENERAL SUITABILITY SCREENING

403.1 The personnel authority for each agency shall verify the following information, and shall record the date, time, means, and results of such verification:

Past employment;

Residency (if a preference is claimed);

Military service (if a preference is claimed);

Education, if required by the position or if used to substitute for experience in qualifying the individual for the position;

License, certification, or training, if required by the position or if used in qualifying the individual for the position; and

References.

403.2 Upon completing a general suitability screening in accordance with Subsection 403.1, the personnel authority shall inform the agency of the results, and may make a determination that an appointee is not suitable for employment, and may thereby:

(a) Deny him or her examination for, or appointment to, the position for which the individual had been considered; or

(b) Require the employing agency to terminate the appointee from District government service.

403.3 A subordinate agency that has been delegated personnel authority to conduct general suitability screenings shall promptly make an appropriate determination under Subsection 403.2 upon completing the general suitability screening, and immediately inform the program administrator of that determination in writing.

403.4 If any discrepancies, consistent with Section 408, are identified, a subordinate agency that has been delegated personnel authority to conduct general suitability screenings shall investigate to the fullest extent of their ability until the discrepancies are resolved. Individuals under consideration for the positions shall fully cooperate in any such investigation as a prerequisite to employment.

403.5 When a discrepancy cannot be resolved, the discrepancy shall be presented in writing to the personnel authority, who will determine within ten (10) days of receipt of the request, whether the individual is disqualified.

403.6 A general suitability screening shall be deemed valid for a period of one (1) year and need not be repeated by a program administrator for subsequent applications by the same individual for that period of time.

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 403

6-B DCMR § 404 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 404

6-B DCMR § 405 [RESERVED]

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 405

6-B DCMR § 406 ENHANCED SUITABILITY SCREENING – GENERAL PROVISIONS

406.1 In addition to a general suitability screening, appointees, volunteers, and employees shall be subject to one (1) or more of the following enhanced suitability screenings, as dictated by the applicable position:

Pre-employment criminal background check;

Periodic criminal background checks;

(c) Traffic record check;

Consumer credit check;

(e) Pre-employment drug and alcohol test;

(f) Reasonable suspicion drug and alcohol test;

(g) Random drug and alcohol test;

(h) Post-accident or post-incident drug and alcohol test; or

(i) Return-to-duty and follow-up drug and alcohol test.

406.2 Agencies under the personnel authority of the Mayor shall conform to the standards and procedures established in this chapter for screenings.

406.3 No individual may work in a safety sensitive position until the completion of a negative drug test.

406.4 If an existing, filled position is newly designated as a covered position, the personnel authority shall notify the incumbent that he or she shall be subject to enhanced suitability screening under this chapter prior to conducting any such screening.

406.5 The Director of the DCHR (or his or her designee) shall publish in the Electronic-

District Personnel Manual (or any other electronic procedural manual or manuals developed) positions in subordinate agencies subject to enhanced suitability screening pursuant to this chapter.

406.6 The position description of a position subject to enhanced suitability screening pursuant to § 409 shall include the enhanced suitability screening designation category (safety, protection, or security sensitive), a brief explanation of the duties and responsibilities supporting the designation, and a statement explaining the enhanced suitability screenings required for the position.

406.7 Agencies subordinate to the Mayor and independent agencies that are subject to these regulations shall cover the full administrative costs of the enhanced suitability screenings listed in Subsection 406.1 of this chapter.

406.8 Employees shall not be responsible for the cost of any enhanced suitability screening requirements. Employees shall only be required to participate in suitability assessment activities while on-duty and in a pay status.

406.9 Unless otherwise provided pursuant to law or regulation, when an appointee is disqualified under the provisions of this chapter, the program administrator, at its discretion, may continue to rely on that determination with regard to subsequent applications for substantially similar positions with the same enhanced suitability requirements, for a period of not more than one (1) year from the date of the disqualification determination, after which a new suitability screening shall be required.

406.10 Upon expiration of the one (1) year period under Subsection 406.9, a new suitability screening shall be conducted and a re-determination made before the individual may be appointed.

406.11 Employees separated under Subsection 428.1 and appointees denied continued employment under Subsection 428.2 shall not be eligible for employment in a substantially similar safety sensitive or protection sensitive position for a period of one (1) year from the date of his or her removal or disqualification.

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 406

6-B DCMR § 407 ENHANCED SUITABILITY SCREENING – RECRUITMENT REQUIREMENTS

407.1 In the case of competitive recruitment for a position requiring an enhanced suitability screening, the vacancy announcement and subsequent offer letter to the appointee shall state that:

(a) The position for which he or she is applying has been identified and designated as requiring enhanced suitability screening;

(b) If tentatively selected for the position, a criminal background check, traffic record check, consumer credit check, and mandatory drug and alcohol testing, as appropriate, will be conducted; and

(c) An appointee’s offer of employment shall be contingent upon receipt of a satisfactory enhanced suitability screening.

407.2 For safety sensitive positions, in addition to the requirements in § 407.1, each vacancy announcement shall state that the position is subject to pre-employment drug testing, which includes testing for cannabis, and that failing the drug test may result in disqualification even if the applicant participates in a medical marijuana program.

407.3 In the case of non-competitive recruitment for a position requiring enhanced suitability screening, the offer letter to the individual being considered for employment shall be provided and contain the information outlined in this section.

407.4 An appointee’s offer of employment shall be contingent upon receipt of a satisfactory enhanced suitability screening. No appointee shall work in an unsupervised setting, prior to receiving the results of the screening, or prior to the program administrator deciding that the appointee meets the requirements of this chapter.

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 407

6-B DCMR § 408 ASSESSING GENERAL SUITABILITY SCREENINGS

408.1 The appropriate authority shall evaluate any derogatory information received during a general suitability screening and determine whether an individual is suitable for the specific position for which he or she has applied. If an individual is found unsuitable, he or she shall be disqualified from appointment to that position.

408.2 The reasons that may be used in making a determination of disqualification of an appointee may include, but shall not be limited to the following:

(a) Delinquency or misconduct in prior employment;

(b) Dishonest or other conduct of a nature that could undermine the public’s confidence in the District government’s integrity;

(c) Any false statement, or the engagement in deception or fraud in connection with the examination or appointment process;

(d) Evidence of ongoing abuse of a drug or alcohol; or

(e) Any lawful and articulable reason that is neither arbitrary nor capricious.

408.3 Prior to disqualifying an appointee based on derogatory information, the personnel authority shall determine whether disqualification is warranted. The personnel authority shall make this determination by considering the conduct or event(s) related to the derogatory information in the context of:

(a) The specific duties and responsibilities of the position;

(b) The bearing, if any, the derogatory information has on those duties and responsibilities;

(c) The length of time that has passed since the conduct or event(s);

(d) The frequency and seriousness of the conduct or event(s);

(e) Any mitigating information provided by an individual in response to the derogatory information; and

(f) Whether, based on the totality of information available, the appointee possesses the necessary moral character and dedication to successfully serve the public.

History

• SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 408

6-B DCMR § 409 POSITIONS SUBJECT TO ENHANCED SUITABILITY SCREENING

409.1 The types of positions that are subject to enhanced suitability screenings for appointees, volunteers, and employees are positions with duties and responsibilities that shall be categorized as follows:

Safety sensitive, which are positions in which it is reasonably foreseeable that, if the employee performs the position’s routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate and serious bodily injury or loss of life to self or others;

Protection sensitive, which are positions that are not safety sensitive positions, but that include duties or responsibilities that involve caring for patients or other vulnerable persons; and

Security sensitive, which are positions of special trust that may reasonably be expected to affect the access to or control of activities, systems, or resources that are subject to misappropriation, malicious mischief, damage, or loss or impairment of communications or control.

409.2 Each agency head (or his or her designee), with the concurrence of the program administrator, shall determine and designate which positions in the agency are subject to enhanced suitability screenings.

(a) The agency head (or his or her designee) shall establish a roster of the designated positions, which shall be approved by the agency’s head of human resources, general counsel, and director.

(b) No later than September 30 of each year, agencies shall provide the roster of designated position to the program administrator for final approval.

(c) The designation of a position as safety, protection, or security sensitive is not subject to the grievance procedures outlined in Chapter 16. However, an impacted employee may appeal such a designation pursuant to § 409.4.

(d) An agency shall not automatically designate every position in the agency as safety, protection, or security sensitive. The agency must consider individually each position according to the relevant factors.

(e) Each agency shall annually review position sensitivity designations to ensure that they are consistent with the position’s actual duties and responsibilities.

409.3 An employee who is detailed, temporarily promoted, or temporarily reassigned from a non-covered position to a covered position shall affirmatively agree to an enhanced suitability screening upon the effective date of the personnel action, and to periodic criminal background and traffic record checks, as appropriate, while detailed, temporarily promoted, or temporarily reassigned to the covered position.

An employee may petition the program administrator to review the designation of his or her position as safety, protection, or security sensitive.

Petitions must be submitted electronically to the program administrator at https://forms.office.com/g/vaz7tyfY8d.

Petitions must be filed no later than forty-five (45) business days after:

An existing position becomes newly designated as protection, safety, or security sensitive; or

A significant change in circumstances occurs that warrants reconsideration of the position’s designation, such as when an employee becomes a qualifying patient.

Safety sensitive employees may not seek review of their designation:

Solely because the employee failed a job-related drug test or because the employee is facing an adverse action related to the employee’s failure to pass a job-related drug test; or

When the position is subject to random drug testing pursuant to federal law or as a condition of federal funding.

The program administrator shall review the employee’s petition, and any response from the agency, and shall issue a written determination granting or denying the employee’s petition within thirty (30) calendar days after receiving the employee’s petition.

The program administrator’s written determination shall state the reasons for granting or denying the petition.

If the administrator grants the petition, he or she shall redesignate the position in consultation with the employing agency.

If the administrator denies a petition relating to a protection or security sensitive designation, the determination shall be final and not subject to further review.

If the administrator denies a petition relating to a safety sensitive designation, the determination shall notify the employee of their right to appeal the denial to the Office of Employee Appeals pursuant to Chapter 6.

409.5 An employee occupying a safety sensitive position may request that their agency provide a written explanation of the reasons and factors justifying their safety sensitive designation.

(a) The agency shall provide the written explanation to the requesting employee within ten (10) business days after receiving the request.

(b) The written explanation shall include a description of the specific routine job duties and circumstances that merit a safety sensitive designation as described in § 409.1(a).

(c) The written explanation may be satisfied by providing the requesting employee with a position description that contains the information required under paragraph (b).

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 409

6-B DCMR § 410 SAFETY SENSITIVE POSITIONS – GENERAL PROVISIONS

410.1 In addition to the general suitability screening, individuals applying for or occupying safety sensitive positions are subject to the following checks and tests:

Criminal background check;

Traffic record check (as applicable);

Pre-employment drug and alcohol test;

Reasonable suspicion drug and alcohol test;

Post-accident or incident drug and alcohol test;

Random drug and alcohol test; and

Return-to-duty or follow-up drug and alcohol test.

410.2 Subject to the requirements of § 409.1(a), examples of safety sensitive duties and responsibilities include, but are not limited to:

(a) Operating large trucks, heavy or power machinery, or mass transit vehicles, tools, or equipment;

(b) Handling hazardous quantities of chemical, biological or nuclear materials;

(c) Maintaining the safety of patrons in and around a pool or aquatic area;

(d) Engaging in duties directly related to the public safety, including, but not limited to, responding or coordinating responses to emergency events;

(e) Carrying a firearm; and

(f) Direct care and custody of children, youth, or other vulnerable persons, which may affect their health, welfare, or safety.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 410

6-B DCMR § 411 PROTECTION SENSITIVE POSITIONS – GENERAL PROVISIONS

411.1 In addition to the general suitability screening, individuals applying for or occupying protection sensitive positions are subject to the following checks and tests:

Criminal background check;

Traffic record check (as applicable);

Pre-employment drug and alcohol test, subject to the limitations described in § 430.3;

Reasonable suspicion drug and alcohol test;

Post-accident or incident drug and alcohol test; and

(f) Return-to-duty and follow-up drug and alcohol test.

411.2 Examples of protection sensitive duties and responsibilities include, but are not limited to:

Coordinating, developing, or supporting recreational activities;

Managing, planning, directing, or coordinating educational activities; and

Performing tasks involving individual or group counseling.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 411

6-B DCMR § 412 SECURITY SENSITIVE POSITIONS – GENERAL PROVISIONS

412.1 In addition to the general suitability screening, individuals applying for or occupying positions deemed security sensitive are subject to the following checks and tests:

Criminal background check;

Traffic record check (as applicable);

Consumer credit check (as applicable);

(d) Reasonable suspicion drug and alcohol test; and

(e) Post-accident or incident drug and alcohol test.

412.2 Examples of security sensitive duties and responsibilities include, but are not limited to, positions that:

Handle currency;

Have the ability to create, delete, or alter the financial, personnel, payroll, or related transactions of another person;

Have routine access to the personal identifying information of others;

(d) Have routine access to master building keys or controls;

(e) Have the ability to create, delete, or alter any form of credentials, including, but not limited to, computer network credentials and any form of government identification;

(f) Have involvement in or access to homeland security and emergency management plans, after action reports, analytical products, hazard analyses, and/or risk assessments that relate to preparedness, response, mitigation, protection of critical infrastructure and key assets, or the protection of data related to persons and/or property before, during, and after an act of terrorism, manmade or natural disaster, or emergency event;

(g) Have access to networks, files, or drives that include classified, law enforcement sensitive, or for official use only information related to federal or District government terrorism investigations or other man-made disasters in either electronic or hard copy;

(h) Are in the Executive Service; and

(i) Are in the Excepted Service.

412.3 Positions located in secure facilities may be deemed security sensitive at the discretion of the personnel authority.

History

• SOURCE: Final Rulemaking published at 52 DCR 6646 (July 15, 2005); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 55 DCR 8870 (August 15, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 412

6-B DCMR § 413 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 413

6-B DCMR § 414 VOLUNTEERS

414.1 Individuals providing voluntary services to the District government shall be subject to general and enhanced suitability screening, specified in Sections 402 and 406, as applicable.

414.2 Notwithstanding Sections 410 and 411, volunteers performing duties and responsibilities in a covered position shall be subject to enhanced suitability screening except for pre-appointment or random drug and alcohol testing, unless such testing is otherwise required by federal law.

414.3 Before a volunteer signs an agreement to perform in a covered position, he or she shall be notified in writing of the enhanced suitability screening before beginning volunteer activities and shall be subject to ongoing enhanced suitability screening while performing the duties and responsibilities of the covered position.

414.4 As a condition of an agreement for voluntary service, each individual subject to an enhanced suitability screening shall execute an acknowledgement and consent to the screening required by this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 414

6-B DCMR § 415 CRIMINAL BACKGROUND CHECKS – GENERAL PROVISIONS

415.1 The program administrator shall conduct any required criminal background checks.

415.2 Appointees, employees, or volunteers subject to criminal background checks shall submit to a criminal background check by means including, but not limited to, fingerprint and a National Criminal Information Center check.

415.3 Criminal background checks for covered positions shall be conducted:

For appointees, within sixty (60) days following the acceptance of a conditional offer;

For safety and protection sensitive employees and volunteers, at least once every two (2) years; and

For security sensitive employees and volunteers, at least once every four (4) years.

415.4 Criminal background checks shall be conducted in accordance with the Metropolitan Police Department (MPD) and Federal Bureau of Investigations (FBI) policies and procedures and in an FBI-approved environment.

415.5 An individual with proof of an active federal security clearance shall not be subject to a criminal background check.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 415

6-B DCMR § 416 CRIMINAL BACKGROUND CHECK – AUTHORIZATION PROCESS

416.1 As a condition of employment, each individual subject to a criminal background check shall execute an acknowledgement and consent to the criminal background checks required by this chapter.

416.2 Prior to each criminal background check, the program administrator shall inform each individual subject to the check of the location of the office where the check will be conducted, when to report for the check, and provide each individual with all forms necessary to:

Authorize the MPD or another entity, as appropriate, to conduct the criminal background check and confirm that the appointee, employee, or unsupervised volunteer has been informed that the employing agency is authorized to conduct a criminal background check;

Complete a signed affirmation stating whether the individual:

For the offenses listed in subparagraphs (c)(1) through (c)(9), has been convicted, pleaded nolo contendere, placed on probation before judgment, or placed on a stet docket; or

Has been found not guilty by reason of insanity for any sexual offenses or intra-family offenses.

Disclose any court actions for an individual for whom a criminal background check is required, excluding acquittals or dismissals resulting from inadequate evidence, involving, but not limited to, the following criminal conduct:

Murder, attempted murder, manslaughter, or arson;

Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, threats to do bodily harm, including domestic violence;

Burglary;

Robbery;

Kidnapping;

Illegal use or possession of a firearm;

Sex offenses, including, but not limited to, indecent exposure, promoting, procuring, compelling, soliciting, or engaging in prostitution, corrupting minors (sexual relations with children), molesting, voyeurism, committing sexual acts in public, incest, rape, sexual assault, sexual battery, or sexual abuse, but excluding sodomy between consenting adults;

Child abuse or cruelty to children;

Unlawful distribution or possession of or with intent to distribute an illegal drug;

Fraud;

Identity theft;

Embezzlement; or

Computer/cybercrime.

Acknowledge, in writing, that the individual has been notified of his or her right to obtain a copy of the criminal background check report and to challenge the accuracy and completeness of the report;

Acknowledge that the individual may be denied employment, or terminated, based on the outcome of the criminal background check;

Provide any additional identification that is required, such as name, social security number, date of birth, and gender; and

Inform the individual that a false statement on the form(s) may subject him or her to criminal penalties.

416.3 Upon receiving and completing the form(s) specified in this section, an individual shall report to the designated location to be fingerprinted.

416.4 Volunteers or employees in a covered position shall notify their supervisor and the personnel authority whenever they are arrested or charged with any criminal offense. Such notification shall occur within no more than seven (7) days of the arrest or service of a criminal complaint, or its equivalent, on the volunteer or employee. Failure to comply with this subsection shall constitute cause for disciplinary action under Chapter 16 of these regulations.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 416

6-B DCMR § 417 ASSESSING CRIMINAL HISTORIES

417.1 Upon receipt, the program administrator shall review an individual’s criminal history.

417.2 The program administrator shall assess any derogatory information within the criminal history and determine whether the individual, if serving in the position, would pose a present danger to children or youth, the public or other District employees; or would pose a threat to the integrity of District government operations.

417.3 All criminal convictions shall be considered when assessing suitability based on a criminal history.

417.4 The program administrator must evaluate an individual’s criminal history to determine whether he or she is suitable for District service. To make this determination, the program administrator shall consider each criminal offense in the context of:

The specific duties and responsibilities of the position;

The bearing, if any, the derogatory information has to those duties and responsibilities;

The length of time that has passed since the criminal offense(s);

The age of the individual at the time of the criminal offense(s);

The frequency and seriousness of the criminal offense(s);

Any mitigating information provided by the individual in response to the derogatory information;

The contributing social or environmental conditions; and

The District’s policy favoring re-entry of ex-offenders into its work force.

417.5 Notwithstanding any other provision of this chapter, no individual may hold a position that has direct unsupervised contact with children or youth, if he or she has been charged with any sexual offense(s) involving minors, and for such offense(s):

(a) Was convicted, pleaded guilty, pleaded nolo contendere, placed on probation before judgment, or otherwise placed on a stet docket; or

(b) Was found not guilty by reason of insanity.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 417

6-B DCMR § 418 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 418

6-B DCMR § 419 TRAFFIC RECORD CHECKS – GENERAL PROVISIONS

419.1 As a condition of employment, each individual subject to a traffic record check shall execute an acknowledgement and consent to the checks required by this chapter.

419.2 The program administrator shall be responsible for conducting traffic record checks pursuant to the provisions in this chapter, and for developing internal operating procedures for conducting the checks.

419.3 For the purposes of this chapter, traffic record checks shall be obtained from the traffic records maintained by the individual’s local motor vehicle administration.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 419

6-B DCMR § 420 TRAFFIC RECORD CHECKS – ASSESSING HISTORIES

420.1 The program administrator shall evaluate any derogatory information obtained from a traffic record check and determine whether the individual is suitable for the position he or she occupies or for which he or she has applied.

420.2 The assessment of traffic records shall be conducted substantially consistent with Subsection 417.4.

420.3 The review of the traffic records shall include, but is not limited to:

(a) Checking the validity of an individual’s driver’s license;

(b) Checking for a pattern(s) of disregard for existing traffic regulations; and

(c) Checking whether there have been any conviction(s) for driving under the influence or while impaired.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 420

6-B DCMR § 421 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 421

6-B DCMR § 422 CONSUMER CREDIT CHECKS – GENERAL PROVISIONS

422.1 Consumer credit checks shall be conducted for appointees to finance related security sensitive positions.

422.2 Prior to conducting a consumer credit check, and as a condition of employment, an appointee subject to the check shall execute an authorization to obtain a consumer credit report which shall set forth the appointee’s or employee’s rights under the Fair Credit Reporting Act.

422.3 If any discrepancies are identified, the personnel authority shall fully investigate until the discrepancies are resolved. An appointee shall fully cooperate in any such investigation as a prerequisite to employment.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 422

6-B DCMR § 423 CONSUMER CREDIT CHECKS − ASSESSING HISTORIES

423.1 The program administrator shall evaluate any derogatory information obtained from a credit report and determine whether the individual is suitable for the position he or she occupies or for which he or she has applied.

423.2 When warranted, an appointee may be disqualified based on one (1) or more of the following:

Debts owed to the District government;

Active liens;

Current or repeated exhaustion of credit;

Bankruptcies and foreclosures; or

A pattern of late fees or financial activity establishing significant financial stress.

423.3 Prior to disqualifying an appointee based on derogatory credit information, the program administrator shall determine whether disqualification is warranted. To the extent practicable, the program administrator shall make this determination by considering the financial history in the context of:

The specific duties and responsibilities related to the position;

The bearing, if any, the derogatory information has to those duties and responsibilities;

The length of time that has passed since the reporting of the derogatory information;

The frequency and seriousness of the derogatory information;

Any mitigating information provided by the individual in response to the derogatory information; and

Whether, based on the totality of information available, the individual can reasonably be entrusted with the safety and security of government property and operations and possesses the necessary moral character and dedication to successfully serve the public.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 423

6-B DCMR § 424 CLARIFYING DEROGATORY INFORMATION

424.1 Whenever a general and enhanced suitability screening reveals derogatory information the program administrator shall:

(a) Notify the individual as to the source, nature, and potential impact of the derogatory information; and

(b) Allow the individual no less than ten (10) business days and no more than twenty-one (21) calendar days to provide a response, through an in-person interview or written response if not available for an interview, to the derogatory information. The personnel authority may authorize a shorter time period under extraordinary circumstances.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 424

6-B DCMR § 425 DRUG AND ALCOHOL TESTING – GENERAL PROVISIONS

425.1 Each program administrator with safety or protection sensitive positions shall contract with a professional testing vendor(s) to conduct required drug and alcohol testing. The vendor(s) shall ensure quality control, chain-of-custody for samples, reliable collection and testing procedures, and any other safeguards needed to guarantee accurate and fair testing. Notwithstanding 49 CFR § 40.1, vendors shall follow all procedures stated in 49 CFR Part 40 and District government procedures, as applicable, for all drug and alcohol testing for appointees and employees.

425.2 The vendor(s) selected to conduct the testing shall ensure that any laboratory used is certified by the United States Department of Health and Human Services (HHS) to perform job-related drug and alcohol forensic testing.

425.3 The Director of the DCHR shall develop operating policies and procedures for implementing the drug and alcohol program under this chapter for agencies subordinate to the Mayor that have safety, protection, or security sensitive positions.

History

• SOURCE: Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 425

6-B DCMR § 426 DRUG AND ALCOHOL TESTING – NOTIFICATION REQUIREMENTS

426.1 Each appointee or employee in a covered position shall be provided a copy of the District’s drug and alcohol policy, and any additional requirements imposed by his or her respective agency. The policy shall state at a minimum the following:

The circumstances under which an appointee or employee will be tested;

The basic methodology to be used for testing; and

The consequences of a positive test result.

426.2 Each appointee or employee in a covered position shall sign an acknowledgement that he or she received the written policy as specified in § 426.1. A legal guardian’s signature is needed if the appointee or employee is under eighteen (18) years of age.

426.3 As a condition of employment, each appointee or employee in a safety sensitive position subject to random drug and alcohol testing shall execute consent to the testing required by this chapter or face immediate separation from the District government.

426.4 Whenever an employee occupies a position that becomes designated as safety sensitive, he or she may self-report any existing drug or alcohol usage to his or her agency within thirty (30) days of the change in designation. The employee shall:

(a) Be permitted to engage in any needed counseling or rehabilitation program(s), without being subject to adverse or other administrative actions;

(b) Be detailed, as agency operational needs permit, to a position that is not safety or protection sensitive while undergoing the treatment; and

(c) Be returned to a safety or protection sensitive position upon successful completion of treatment, a negative test result, and fitness for duty examination, as applicable.

426.5 Volunteers are subject to reasonable suspicion, post-accident, and post-incident drug and alcohol screenings. Volunteers are not subject to pre-employment or random drug and alcohol testing, unless such testing is otherwise required by federal law.

426.6 Employees subject to random drug and alcohol testing shall be provided a notice stating that their position is safety sensitive and that they are subject to random drug and alcohol testing, including for the presence of cannabis.

Agencies shall provide the notice to each safety sensitive employee at least once a year.

Employees shall acknowledge receipt of each notice.

Failure on the part of an agency to provide the annual notice required by paragraph (a) shall not (i) invalidate a positive drug or alcohol test result if the agency can establish that the employee had actual, prior notice of the applicable drug and alcohol testing policy, or (ii) preclude an agency from taking any action required under federal law after a positive drug or alcohol test result.

The personnel authority may waive the annual notification requirement for an agency based on a supported showing of significant operational hardship.

426.7 Agencies shall provide all employees holding positions newly designated as safety sensitive with written notice of the change in position designation at least thirty (30) days before the effective date of the new designation. Notice shall include proper notice to the employee that they may appeal their designation as provided in § 409.4 and of their right to request a reasonable accommodation. Agencies shall also provide written notice to all employees hired into a position designated as safety sensitive outlining their rights to appeal the designation and to request a reasonable accommodation.

History

• SOURCE: Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 426

6-B DCMR § 427 DRUG AND ALCOHOL TESTING ─ TESTING METHODOLOGY

427.1 The vendor(s) selected to conduct the testing shall conduct the alcohol and drug testing at a location designated by the program administrator for such purposes.

427.2 In general, testing for drugs shall be conducted by urine sample from the individual being tested.

427.3 Testing for alcohol shall be conducted using an evidentiary breath-testing device or EBT, commonly referred to as a “breathalyzer.”

427.4 In the case of drug testing, the vendor(s) shall split each sample and ensure that the laboratory performs an enzyme-multiplied-immunoassay technique (EMIT) test on one (1) sample and store the split of that sample. A positive EMIT test shall be confirmed by the vendor(s) using the gas chromatography/mass spectrometry (GCMS) methodology.

427.5 The personnel authority shall notify, in writing, any appointee or employee found to have a confirmed positive drug test result. The appointee or employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation using the GCMS testing methodology.

427.6 All drug and alcohol testing shall follow the same procedures set forth in this section. In the case of a reasonable suspicion referral or a post-accident and incident test, the agency shall escort the employee to the designated test site for specimen collection as needed.

427.7 In the event that an individual requires medical care following an accident or incident, medical care shall not be delayed for the purpose of testing. In such cases, drug and alcohol testing may be conducted by a blood test.

427.8 A blood, breath, or urine test for alcohol conducted in accordance with this section shall be deemed positive if the test yields a result that the appointee’s or employee’s alcohol content was either .04 grams or more per 210 liters of breath, .04 grams or more per 100 milliliters of blood, or .05 grams or more per 100 milliliters of urine.

427.9 Except as may otherwise be required by law following an accident or incident, the personnel authority may not require blood tests for drug or alcohol tests.

History

• SOURCE: Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 427

6-B DCMR § 428 POSITIVE DRUG OR ALCOHOL TEST RESULTS

428.1 Unless otherwise required by law, and notwithstanding § 400.4, an employee shall be deemed unsuitable and there shall be cause to separate an employee from a covered position as described in §§ 436.9 and 440.3 for:

A positive drug or alcohol test result (except as otherwise provided in § 429);

A failure to submit to or otherwise cooperate with drug or alcohol testing; or

In the case of an employee who acknowledged a drug or alcohol problem as specified in § 426.4, failure to complete a counseling or rehabilitation program(s) or failing a return-to-duty drug or alcohol test.

428.2 The program administrator shall rescind a conditional offer or decline to make a final offer of employment to an appointee subject to pre-employment testing if he or she:

Fails or otherwise refuses to submit to a required drug or alcohol test;

Fails or otherwise refuses to follow instructions given during a required drug or alcohol test; or

(c) Except as otherwise provided in § 430, has a positive drug or alcohol test result.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 428

6-B DCMR § 429 POSITIVE TEST RESULTS FOR CANNABIS (EMPLOYEES)

429.1 Employees who test positive for cannabis following a reasonable suspicion or post-accident or incident drug test pursuant to §§ 432 or 433 shall be presumed impaired by cannabis, regardless of their participation in any medical marijuana program.

429.2 For employees in safety sensitive positions, a random positive drug test result for cannabis with no additional evidence of impairment shall be cause for corrective or adverse action, regardless of whether the employee is a medical marijuana program participant. Notwithstanding § 1607, a safety sensitive employee who randomly tests positive for cannabis with no additional evidence of impairment will generally be subject to the following:

(a) First offense: the employee shall be summarily subject to a five (5) day suspension without pay, shall re-acknowledge the applicable drug and alcohol policy, and shall undergo a follow-up drug test immediately upon returning from the suspension; however, the employee may elect and shall be granted up to 40 hours of annual leave, compensatory time, or leave without pay to delay the follow-up drug test; and

(b) Second offense: the employee shall be deemed unsuitable for continued employment in a safety sensitive position for at least one (1) year and shall be demoted, reassigned, or transferred to a non-safety sensitive position, or summarily separated from employment.

429.3 The illustrative actions specified in §§ 429.2(a) and 429.2(b) are not exhaustive and shall only be used as a guide to assist agencies in determining the appropriate action. Balancing the totality of the relevant factors established in § 1606.2 can justify an action that deviates from the penalties outlined in this section.

429.4 When a corrective or adverse action has been proposed due to a positive drug test result, and except as may be required by federal or other law, an employee may provide a written response with supporting evidence challenging that action, consistent with § 1621. Evidence supplied by an employee to rebut a presumption of cannabis impairment must be clear and convincing.

429.5 Cannabis use by a safety sensitive employee threatens the integrity of District government operations and the public health, safety, and welfare. When a safety sensitive employee is subject to suspension or removal pursuant to § 429.2, the personnel authority may take such action on a summary basis consistent with § 1616. Notwithstanding § 1616.3, the personnel authority may take such summary actions without written approval of the agency head.

429.6 Nothing in this chapter shall be construed as permitting the unlawful use of cannabis, and employees in violation of District of Columbia cannabis laws may be found unsuitable.

429.7 Individuals under the age of 21 who test positive for cannabis and who are not enrolled in a medical marijuana program and who do not have a prescription for medications that contain THC shall be deemed unsuitable and are not subject to the provisions of § 429.2.

History

• SOURCE: Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 429

6-B DCMR § 430 PRE-EMPLOYMENT DRUG AND ALCOHOL TESTING

430.1 As a condition of employment, appointees to safety and protection sensitive positions shall be required to pass a pre-employment drug test in accordance with this section. In addition, the program administrator may require a pre-employment alcohol test.

430.2 Pre-employment drug and alcohol testing shall be conducted after a conditional offer of employment is made, but before the appointee’s effective date of appointment.

430.3 Appointees to protection sensitive positions may not be disqualified based on a positive pre-employment drug test result showing the presence of cannabis unless the candidate was in possession of or was under the influence of cannabis at the time of testing, consistent with § 432.5.

430.4 Appointees to safety sensitive positions who test positive for cannabis may be disqualified from employment consideration, subject to the following:

(a) If an appointee discloses recent cannabis use, an agency may postpone any pre-employment drug test for up to thirty (30) days.

(b) When a safety sensitive appointee initially tests positive only for cannabis as part of a pre-employment drug test, and unless the candidate was in possession of or was under the influence of cannabis at the time of testing, the program administrator shall advise the appointee of the positive test result and give him or her an opportunity to take a second drug test at least two (2) weeks after the initial test. The candidate shall be responsible for the cost of the second drug test.

(c) A safety sensitive appointee who undergoes a second drug test pursuant to paragraph (b) and tests positive for cannabis shall be disqualified from employment in a safety sensitive position for one (1) year from the date of the second drug test, and the program administrator shall rescind any conditional offer or decline to make a final offer of employment.

430.5 The program administrator may waive the requirement for a second drug test under § 430.4(b) allowing for the immediate disqualification of appointee consistent with § 430.4(c) when required to fulfill an immediate recruitment need or when a reasonable suspicion observation found that the appointee was demonstrably impaired at the time of testing. Except when necessitated by extraordinary or unforeseeable circumstances, such a waiver must be issued by the program administrator prior to posting the applicable job vacancy.

430.6 Pre-employment drug and alcohol testing shall be carried out pursuant to §§ 425 through 427.

430.7 Nothing in this chapter shall be construed as permitting the unlawful use of cannabis, and appointees in violation of cannabis laws may be found unsuitable. Individuals under the age of 21 who test positive for cannabis and who are not enrolled in a medical marijuana program and who do not have a prescription for medications that contain THC shall be deemed unsuitable and are not subject to the provisions of § 430.4.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 430

6-B DCMR § 431 RANDOM DRUG AND ALCOHOL TESTING

431.1 Employees in safety sensitive positions shall be subject to random drug and alcohol testing. Such employees shall be placed in a random drug and alcohol testing pool.

431.2 Each year, the program administrator shall conduct a number of random drug tests that shall be at least equal to fifty percent (50%) of the total drug and alcohol testing pool.

431.3 Similarly, each year, the program administrator shall conduct a number of alcohol tests that shall be at least equal to ten percent (10%) of the total drug and alcohol testing pool.

431.4 Employees in the drug and alcohol pool shall be randomly selected in a manner consistent with accepted industry practice.

431.5 Random drug and alcohol testing shall be conducted in accordance with §§ 425 through 427.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 431

6-B DCMR § 432 REASONABLE SUSPICION DRUG AND ALCOHOL TESTING

432.1 All District employees, including employees in independent agencies, are subject to, and shall be referred by a trained supervisor or manager for, drug and alcohol testing when there is a reasonable suspicion that the employee, while on duty, is impaired or otherwise under the influence of a drug or alcohol.

432.2 Prior to contacting the appropriate personnel authority to make a referral under this section, the trained supervisor or manager shall:

(a) Have reasonable suspicion that the employee is under the influence of drugs, alcohol, or other substances to the extent that the employee’s ability to perform his or her job is impaired; and

(b) Gather all information and facts to support this reasonable suspicion.

432.3 A reasonable suspicion referral shall be confirmed through a second opinion rendered by another trained supervisor or manager, if available.

432.4 A reasonable suspicion referral may be based on direct observation of drug use or possession, physical symptoms of being under the influence of drugs, symptoms suggesting alcohol intoxication, a pattern of erratic behavior, or any other reliable indicators.

432.5 Reasonable suspicion may be established if:

(a) The employee is witnessed or admits to using a drug or alcohol while on duty;

(b) The employee displays physical symptoms consistent with drug or alcohol usage;

(c) The employee engages in erratic or atypical behavior of a type that is consistent with drug or alcohol usage; or

(d) There are other articulable circumstances that would lead a reasonable person to believe that the employee is under the influence of a drug or alcohol.

432.6 Lawful enrollment in a medical marijuana program shall not be a basis for reasonable suspicion.

432.7 Only a trained supervisor or manager shall refer an employee for drug or alcohol testing.

432.8 Prior to making a referral, the trained supervisor or manager shall gather all information and facts that support the reasonable suspicion determination.

432.9 Reasonable suspicion referral testing shall be conducted in accordance with §§ 425 through 427.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 432

6-B DCMR § 433 POST-ACCIDENT AND INCIDENT DRUG AND ALCOHOL TESTING

433.1 All District employees shall be subject to post-accident and incident drug and alcohol testing when they are involved in accidents or incidents under the following conditions:

(a) The employee is involved in an on-the-job accident or incident that results in injury or loss of human life;

(b) One (1) or more motor vehicle(s) (either District government or private) incurs disabling damage, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle;

Anyone receives bodily injury which requires immediate medical attention away from the scene;

The employee operating a government vehicle or equipment receives a citation under District of Columbia or another law for a moving traffic violation arising from the incident;

There are reasonable grounds to believe the employee has been operating or in physical control of a motor vehicle within the District of Columbia while that employee’s breath has an alcohol content above the limits described in §427.8, or while under the influence of an intoxicating liquor or any drug or combination thereof;

The actions of the employee cannot reasonably be discounted as a contributing factor, using the best information available at the time of the decision; or

(g) The employee is involved in an on-the-job accident or incident that seriously damages machinery, equipment, or other property.

433.2 Following an accident or incident that requires drug and alcohol testing pursuant to § 433.1, if feasible, at least one (1) supervisor trained in reasonable suspicion observations shall conduct an observation to evaluate whether there is evidence suggesting that the employee is impaired or otherwise under the influence of a drug or alcohol. If there is no evidence that the employee is impaired or under the influence, the supervisor shall report that there is an absence of such evidence and the report may be used by the employee as evidence to rebut a claim the employee was impaired.

433.3 Post-accident and incident drug and alcohol tests shall be conducted consistent with §§ 425 through 427.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 433

6-B DCMR § 434 RETURN-TO-DUTY AND FOLLOW-UP DRUG AND ALCOHOL TESTING

434.1 Employees in safety sensitive positions who acknowledge a drug or alcohol problem and complete a counseling or rehabilitation program, as provided in § 426.4, shall be subject to return-to-duty and follow-up tests, except when the employee has been separated from the safety-sensitive position.

434.2 Employees in safety sensitive positions who test positive for cannabis, and for whom a corrective or adverse action is imposed, shall be subject to a return-to-duty or follow-up drug and alcohol test, except when the employee has been separated from the safety-sensitive position.

434.3 Return-to-duty and follow-up tests shall be conducted as set forth in §§ 425 and 427.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 68 DCR 2484 (March 5, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 434

6-B DCMR § 435 DRUG AND ALCOHOL RELATED TRAINING

435.1 Agencies shall be responsible for providing training in drug abuse detection and recognition, documentation, intervention, and any other appropriate topics, for supervisors and managers in agencies with covered employees.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 435

6-B DCMR § 436 SUITABILITY DETERMINATIONS

436.1 The information contained in this section shall only apply to enhanced suitability screenings.

436.2 The program administrator shall establish and maintain written suitability assessment determinations for enhanced suitability screenings.

436.3 The program administrator shall make a suitability determination within fifteen (15) days after receiving all enhanced suitability screening information necessary to make the determination.

436.4 The final suitability determination shall establish:

For appointees, if a conditional offer of employment should be withdrawn;

For volunteers, if the individual is suitable to provide voluntary services; and

For employees, if the individual may be retained in their position of record.

436.5 For appointees to and employees in safety sensitive positions at a covered child or youth services provider, as defined by D.C. Official Code § 4-1501.02(3) (2019 Repl.), the final suitability determination shall establish whether the appointee or employee presents a present danger to children or youth.

436.6 Except as otherwise provided in §§ 429 and 430, and in accordance with § 428, a positive drug or alcohol test shall render an individual unsuitable for District employment and constitute cause under Chapter 16 for corrective and adverse action.

436.7 The program administrator shall notify the employing agency of the final suitability determination.

436.8 If an appointee is deemed unsuitable based on an enhanced suitability screening, any conditional employment offer shall be withdrawn and he or she shall be notified of the final suitability determination.

436.9 If an employee is deemed unsuitable, the personnel authority may terminate his or her employment pursuant to the appropriate adverse action procedure as specified in this subtitle or any applicable collective bargaining agreement. Instead of terminating the employee, the personnel authority may reassign the employee to a position for which he or she is qualified and suitable.

Termination actions taken pursuant to this subsection may be taken on a summary basis pursuant to § 1616.

For purposes of this subsection, and notwithstanding § 1616.3, the personnel authority may approve summary removals.

436.10 If a volunteer is deemed unsuitable for voluntary service, the voluntary service process shall be terminated and he or she shall be notified of the suitability determination.

436.11 Post-accident and incident drug or alcohol testing results shall be provided to the Chief Risk Officer, Office of Risk Management, for purposes of the Public Sector Workers’ Compensation Program, upon request.

436.12 Neither an agency nor the program administrator shall deem an appointee or employee unsuitable solely due to his or her participation in a medical cannabis program pursuant to a state or local law(s).

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 436

6-B DCMR § 437 APPOINTEE, VOLUNTEER, AND EMPLOYEE RIGHTS

437.1 In the interest of transparency, applicants, appointees, volunteers, and employees have a right to understand and challenge the sources of derogatory information that results in employment disqualification. The purpose of this section is to outline the means by which applicants, volunteers, and employees may review, and in some cases appeal, unfavorable suitability determinations based on such information.

437.2 Individuals subject to the provisions of this chapter have the right to the following information:

Each appointee, volunteer, or employee in a covered position has a right to receive the following information:

Copies of public criminal records received from any law enforcement agency pursuant to Section 415 of this chapter;

Any traffic records obtained from the individual’s local motor vehicle administration pursuant to Section 420 of this chapter; and

A consumer credit report obtained pursuant to Section 423 of this chapter.

The information outlined in Subsection 436.2(a), shall be provided as follows:

An applicant, volunteer, or employee must file a written request with the DCHR;

The written request must be submitted no more than fifteen (15) days after receipt of a notification that the applicant, volunteer, or employee has been disqualified; and

The DCHR shall provide the requested records no more than fifteen (15) days after receipt of the request.

(c) Employees subject to the provisions of this chapter have a right to review records according to the procedures established in Chapters 4 and 31.

437.3 Appointees, volunteers, and employees subject to enhanced suitability screening as outlined in Section 406, may file an appeal based on the provisions of this chapter as follows:

(a) If an appointee or volunteer is found unsuitable because he or she presents a present danger to children or youth, he or she may appeal that determination to the Commission on Human Rights (Commission). Any such appeal must be submitted to the Commission no more than thirty (30) days following the date of the suitability determination; or

(b) If an employee is deemed unsuitable and separated from employment, he or she may appeal that determination with the Office of Employee Appeals (OEA) or, if applicable, initiate a grievance pursuant to a collective bargaining agreement or Chapter 16 of these regulations. An appeal to the OEA must be filed with that office no more than thirty (30) days following the date of a final agency decision terminating employment. Employees may not appeal to the Commission.

437.4 An appointee or volunteer that is deemed unsuitable and cannot appeal to the Commission may, if applicable, file a grievance with the personnel authority regarding his or her application for employment pursuant to Chapter 16 of these regulations.

437.5

An agency may not refuse to hire, terminate from employment, penalize, fail to promote, or otherwise take adverse employment action against an individual based upon his or her status as a qualifying patient unless the individual used, possessed, or was impaired by cannabis in the workplace, during a pre-employment drug screening, or during their tour of duty.

An agency may not use a qualifying patient’s failure to pass an agency-administered drug test for cannabis components or metabolites as a basis for employment-related decisions unless reasonable suspicion exists that the employee was impaired by or used cannabis at the workplace or during the employee’s tour of duty.

This subsection shall not apply to employees in or applying to safety sensitive positions, or if compliance would cause the agency to commit a violation of a federal law, regulation, contract, or funding agreement.

437.6

(a) Upon the request of an employee who is a qualifying patient, an agency must provide a reasonable accommodation for the employee’s use of medical cannabis, excepted as provided in paragraph (c) of this subsection. The agency must engage in an interactive process to determine an appropriate reasonable accommodation, if any.

(b) A reasonable accommodation under this section may include:

Reassignment to a vacant position within the agency for which the employee is qualified;

Modification or adjustment to the employee’s job duties or work environment; or

Modification or adjustment to the agency’s operating procedures to enable the employee to successfully perform the essential functions of the job.

An accommodation is not reasonable when:

The resulting job performed by the employee with the accommodation, either through modification, reassignment, or transfer, would be properly designated safety sensitive;

The accommodation imposes an undue hardship on the employing agency; or

The accommodation causes the agency to violate a federal law, regulation, contract, or funding agreement.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 437

6-B DCMR § 438 [RESERVED]

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 438

6-B DCMR § 439 APPEALS BEFORE THE COMMISSION ON HUMAN RIGHTS

439.1 The purpose of this section is to promulgate rules and procedures for the efficient and uniform administration of suitability determination appeals before the Commission.

439.2 If an applicant or volunteer applying for a protection sensitive position is found to pose a present danger to a child or youth, as provided by D.C. Official Code § 4-1501.05a (2012 Repl.), and deemed unsuitable for a District government position, he or she may seek review of that determination with the Commission in accordance with this section.

439.3 For purposes of this section:

The term “applicant” means an applicant or appointee, as those terms are defined in Section 499;

The term “petitioner” means the applicant or volunteer seeking review of a suitability determination made under this chapter, but excludes District government employees;

The term “agency” means the agency to which the applicant applied; and

The term “parties” means the petitioner and agency, collectively.

439.4 Any document filed with the Commission pursuant to this section shall be served on the opposing party and accompanied by a signed certificate of service showing compliance with this subsection.

439.5 Documents served on the agency shall be delivered by hand or certified mail to the General Counsel for the DCHR or to the General Counsel of the independent personnel authority.

439.6 To initiate the review process, the petitioner shall file a Notice of Appeal, along with a copy of the suitability determination being appealed, with the Commission within thirty (30) days of the issuance of the agency decision being appealed.

439.7 Each Notice of Appeal shall contain, at a minimum, the following information:

The petitioner’s name, address, and phone number;

The name of the agency, address, and phone number;

The specific objection(s) to the suitability determination;

The argument(s) in support of the petitioner’s appeal; and

The relief being sought.

439.8 The following procedures shall be followed after a Notice of Appeal is filed:

No more than thirty (30) days from the filing of the Notice of Appeal, the agency shall file an answer along with a certified copy of the record, which includes all documents relating to the applicable suitability determination;

The agency record shall be indexed, with each page being sequentially numbered;

The Commission shall review the respective arguments of the parties along with the agency record;

No more than thirty (30) days following the filing of the agency’s answer and record, the Commission shall issue a decision affirming or reversing the suitability determination;

The Commission shall base its decision exclusively on the Notice of Appeal, and the agency’s answer and record, and shall not set aside the suitability determination if supported by substantial evidence in the record as a whole and not clearly erroneous as a matter of law;

(f) When the Commission disagrees with a suitability determination it may make recommendations to the personnel authority. Upon review of the Commission’s decision, the personnel authority shall consider the recommendations and issue a final decision without further appeal to the Commission or any court. This final decision by the DCHR or the independent personnel authority shall be in writing, and a copy of this final decision shall be served on petitioner; and

(g) The Commission may not assess fees against the District of Columbia in conjunction with an appeal under this section.

439.9 At the discretion of the Commission, the time limits set forth in this section may be reduced or expanded.

439.10 A decision issued by the Commission shall be final and cannot be appealed to any administrative body or court.

439.11 To the extent practicable, the parties may rely on the District of Columbia Superior Court Rules of Civil Procedure for additional procedural guidance.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 439

6-B DCMR § 440 PROGRAM MANAGEMENT

440.1 This section shall apply to the enhanced suitability screening provisions contained in Sections 406 through 438 of this chapter.

440.2 The Mayor's authority to make suitability determinations under this chapter is delegated to the Director of the DCHR who shall also serve as the program administrator for agencies under the personnel authority of the Mayor.

440.3 If the program administrator or employing agency determines that an existing employee is unsuitable to continue serving in a covered position, and that he or she should be separated from employment, the removal action shall be carried out by the personnel authority in accordance with the employee's type of appointment (i.e., probationary, term or permanent, etc.) and service (i.e., Career, Legal, Excepted, Management Supervisory Service, etc.), and the applicable legal and regulatory provisions governing adverse actions, including but not limited to Chapter 16 and applicable collective bargaining agreement provisions.

440.4 If an employing agency fails or refuses to remove an employee based on a finding that its employee is unsuitable to continue his or her employment, the program administrator may carry out the adverse action in accordance with the procedures applicable to the employee.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 440

6-B DCMR § 441 REPORTING AND AGENCY POLICIES

441.1 Each program administrator for agencies covered by this chapter shall prepare and submit compliance reports to the Mayor every six (6) months following the effective date of this chapter.

441.2 Each report shall be submitted to the Mayor and include statistical information showing:

Total number of positions within the agency;

Total number of new hires;

Total number of positions identified agency-wide as safety, protection and security sensitive;

Any changes in the numbers reported in § 441.2(c) since the last report;

Total number of general suitability screening checks conducted and compliance with Section 403;

Total number of consumer credit checks conducted, including the number of derogatory results received, and types of actions taken, (if any);

Total number of criminal background checks conducted, the number of derogatory results, and types of actions taken, (if any);

Total number and type of drug tests conducted, types of drugs detected, and types of actions taken, (if any);

Total number and type of alcohol tests conducted, positive results, and types of actions taken, (if any); and

Total number of traffic record checks conducted, types of derogatory results, and types of actions taken, (if any).

441.3 Each agency under the administrative authority of the Mayor is authorized to develop an agency-level drug and alcohol policy to supplement the policy set forth in this chapter. Any such policy developed after January 1, 2020, must be submitted and approved by the Director of the DCHR prior to implementation. No such policy may be in conflict with the provisions of this chapter.

441.4 Each agency under the administrative authority of the Mayor that has developed an agency-level drug and alcohol policy shall transmit a copy of the policy to DCHR no later than September 30 each year. DCHR shall review each policy to ensure it is consistent with the provisions of this chapter.

441.5 Every year, no later than December 31, the DCHR shall transmit a report to the City Administrator, identifying each agency that has submitted a policy pursuant to this section and whether that policy is consistent with this chapter.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 441

6-B DCMR § 442 CONFIDENTIALITY

442.1 Unless publicly available, all records received pursuant to this chapter shall be confidential and are for the exclusive use of making a suitability determination. The records shall not be released or otherwise disclosed to any person except when:

Required to carry out the application process, including any appeals to the Commission;

Requested by the Mayor, or his or her designee, for the purpose of an official inspection or investigation, including investigations related to litigation initiated against the District of Columbia;

Ordered by a court;

Authorized by the written consent of the individual being investigated; or

(e) Utilized for a corrective, adverse, or administrative action in a personnel proceeding including but not limited to, disciplinary actions under Chapter 16 of these regulations.

442.2 Any individual who discloses confidential records that were received in accordance with the Child and Youth, Health and Safety Omnibus Amendment Act of 2004, is subject to criminal penalties including a fine of no more than one thousand dollars ($1,000), imprisonment for not more than one hundred and eighty (180) days, or both.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 442

6-B DCMR § 443 SUITABILITY RECORDS

443.1 Records created and maintained pursuant to this chapter shall be subject to the following:

(a) Information related to suitability screening and suitability determinations shall be kept in strict confidence in accordance with this section and with Chapter 31 of these regulations;

(b) Sources of information shall not be disclosed except as specifically authorized in this chapter and in Chapter 31 of these regulations;

(c) Reports of screenings conducted by a program administrator shall not be disclosed to the individual screened, nor may the information be discussed with him or her in a manner that would reveal or permit him or her to deduce the source of the information.

(d) The restrictions contained in Subsection 442.1(c) shall not apply to the following:

(1) Information of public record;

(2) Information from District government personnel records which could be obtained on request by the subject employee under the provisions of Chapter 31 of these regulations; and

(3) Other sources of information in reports of investigation may be disclosed to the subject of the investigation only if the personnel authority obtains the information independently, such as by interviewing the subject, or by obtaining permission, in writing, from the sources named to use the information and to identify the source.

443.2 A subordinate agency head (or his or her designee) who has delegated personnel authority pursuant to Sections 403 or 406, shall provide the Director of the DCHR information to document the results of each suitability investigation conducted by the subordinate agency. Unless otherwise specified, the information shall be provided prior to the effective date of appointment of an individual.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 443

6-B DCMR § 444 DRIVERS OF COMMERCIAL MOTOR VEHICLES

444.1 Pursuant to Section 2011 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-620.11 (2014 Repl.)), the federal regulations issued pursuant to 49 U.S.C. § 31306 (currently, 49 C.F.R. Parts 382-385) shall apply to individuals who are employed, or who are candidates for employment, as drivers of commercial motor vehicles.

444.2 The provisions of Subsection 443.1, and the regulations incorporated by reference therein, shall apply to agencies under the personnel authority of the Mayor and other personnel authorities, and to individuals who are employed by or who are candidates for employment in those agencies and personnel authorities as drivers of commercial motor vehicles.

History

• SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 444

6-B DCMR § 499 DEFINITIONS

499.1 When used in this chapter, the following meanings apply:

Administrative action – official reprimands, suspensions, reductions in grade, or removals under the corrective and adverse action provisions for the Career Service contained in Chapter 16 of Subtitle B, Title 6 of these regulations; and other similar penalties, up to and including removal, for employees in services other than the Career Service.

Agency – any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.

Alcohol – for the purposes of Sections 425 through 434, the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol, regardless of its packaging form, storage, or utilization.

Applicant – an individual who has filed a résumé or electronic (web-based) application for employment in the District government.

Appointee – a person who has been made a conditional job offer to a position, compensated or voluntary, subject to the satisfactory completion of a general or enhanced suitability screening.

Cannabis - a substance, also known as “marijuana,” derived from the cannabis plant and consumed for recreational or medicinal purposes and containing more than 0.03% of the psychoactive chemical delta-9-tetrahydrocannabinol (THC).

Child – an individual twelve (12) years of age and under.

Covered position – for the purposes of Sections 406 through 440, a position, compensated or voluntary, that is designated as safety, protection, or security sensitive position.

Days – calendar days, unless otherwise indicated.

Derogatory information - any information that detracts from the character or standing of the individual for the position which he or she occupies or for which he or she has applied.

Drug – a drug for which tests are required under 49 C.F.R. part 40, such as cannabis, cocaine, amphetamines, phencyclidine (PCP), and opiates.

Employee – an individual who performs a service for the District government and receives compensation for the performance of such service.

Finance related – involving access to or control of financial instruments, processes or systems;

Follow-up test – a series of unannounced drug and/or alcohol tests conducted periodically after an employee returns to the workplace upon satisfactorily completing treatment requirements. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.

Independent agency – any board or commission of the District of Columbia government not subject to the administrative control of the Mayor.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in Title IV of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.01, et seq.).

Post-accident or post-incident test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury, property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of a drug or alcohol on part of the employee.

Program administrator – the Director of the D.C. Department of Human Resources for agencies subordinate to the Mayor, or his or her designee; or the agency head for independent agencies, or his or her designee (if applicable).

Protection sensitive position – a position with duties or responsibilities that involve caring for patients or other vulnerable persons, including but not limited to the positions listed in Subsection 411.2 of this chapter.

Qualifying patient – an individual who is actively registered in the District’s medical cannabis program established pursuant to section 6 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.05), or in the medical cannabis program of the employee’s jurisdiction of residence.

Random drug or alcohol test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee in a safety sensitive position, at an unspecified time, for the purpose of determining whether the employee has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.

Reasonable suspicion test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee based on the reasonable belief by a supervisor that an employee is under the influence of a drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

Reasonable suspicion referral – for the purposes of Sections 425 through 434, referral of an employee for testing by the District government to determine drug or alcohol usage.

Returned to duty test – a one-time, announced drug and/or alcohol test required as a condition of an employee’s return to the workplace upon satisfactorily completing required treatment for substance abuse.

Safety sensitive position – a position in which it is reasonably foreseeable that, if the employee performs the position’s routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate and serious bodily injury or loss of life to self or others, including but not limited to the positions with the duties listed in Subsection 410.2 of this chapter.

Security sensitive position – a position of special trust that may be reasonably expected to affect the access to or control of activities, systems, or resources that are subject to misappropriation, malicious mischief, damage, loss or impairment of control of communication, including but not limited to the positions listed in Subsection 412.3 of this chapter.

Subordinate agency – any agency under the direct administrative control of the Mayor, including but not limited to, the agencies listed in Section 301(q) of the CMPA (D.C. Official Code § 1-603.01(17)).

Substantial evidence – the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion of an administrative board or agency, even though other reasonable persons might disagree. Under the substantial evidence rule, the reviewing tribunal will defer to an agency determination so long as, upon an examination of the whole record, there is substantial evidence upon which the agency could reasonably base its decision.

Suitability – the quality or state of being acceptable for District government employment with respect to the character, reputation, and fitness of the person under consideration.

Undue hardship – an action that requires significant difficulty or expense, when considered in light of the factors set forth in section 101(10)(B) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 330; 42 U.S.C. § 12111(10)(B)).

Volunteer – an individual who works with the District government without monetary or other financial compensation.

Vulnerable person – an individual who has a physical or mental condition which impairs his or her ability to provide for his or her own care or protection, or a person age sixty-five (65) years or older.

Youth – an individual between thirteen (13) and seventeen (17) years of age.

History

• SOURCE: Final Rulemaking published at 51 DCR 928 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 52 DCR 6646 (July 15, 2005); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 499

6-B5 RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD

6-B DCMR § 500 GENERAL PROVISIONS

500.1 The District of Columbia Public Employee Relations Board (“Board”) was established in 1979 by § 501(a) of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-605.01(a) (2016 Repl.)) (“CMPA”), and administers the Labor-Management Relations Program for the District of Columbia pursuant to §§ 1701–1718 of the CMPA (D.C. Official Code §§ 1-617.01-1-617.18 (2016 Repl.)).

500.2 The five Board members are appointed by the Mayor with the advice and consent of the Council of the District of Columbia. The Board may appoint such employees as may be required to conduct its business.

500.3 These rules should be construed broadly to effectuate the purposes and provisions of the CMPA.

500.4 The Executive Director is the principal administrative officer of the Board and performs duties designated by the CMPA or assigned by the Board, including the investigation of all petitions, requests, complaints, and other matters referred or submitted to the Board.

500.5 The Executive Director is authorized, among other things, to conduct conferences and hearings, administer oaths, issue subpoenas, sign and issue notices and reports, certify copies of papers and documents, consider requests for extensions of time and requests to intervene in a case, and, pursuant to action by the Board or by an authorized panel thereof, sign and issue decisions and orders made by or on behalf of the Board.

500.6 The Executive Director is authorized to dismiss a case on motion of the complainant or petitioner or for any of the following reasons:

(a) Untimeliness evident on the face of the complaint or petition;

(b) Failure to cure a deficiency in an initial pleading within seven (7) days of a notice of the deficiency given under § 502.14;

(c) Failure to allege facts that, if true, would entitle the complainant or petitioner to relief under the CMPA;

(d) Failure to prosecute the case;

(e) Noncompliance with an investigation of the case; or

(f) Any other ground for dismissal that the Board places within the discretion of the Executive Director.

500.7 A decision by the Executive Director will become the final decision of the Board unless within twenty-eight (28) days after issuance of the decision a party files a motion requesting the Board to reconsider the decision.

500.8 Official documents of the Board, including but not limited to notices, subpoenas, and other communications may be signed on behalf of the Board by the Executive Director or any staff members or agents authorized to sign on the Board’s behalf.

500.9 Communications may be addressed to the Public Employee Relations Board at its office, 1100 Fourth Street S.W., Suite E630, Washington, D.C. 20024.

500.10 The business hours of the office are from 8:30 a.m. to 4:45 p.m., Monday through Friday, exclusive of holidays recognized by the Government of the District of Columbia.

500.11 The regular meetings of the Board are held on the third Thursday of each month at the Board’s office, unless otherwise specified. The Board may hold a special meeting at any time at the request of the Chair, any member of the Board, or the Executive Director.

500.12 The Executive Director must give the public timely notice of all meetings of the Board. The notice must comply with D.C. Official Code § 2-576 (2016 Repl.).

500.13 The official acts of the Board must be recorded in the minutes of the Board. The Executive Director must maintain the minutes of the Board.

500.14 The Board is not bound in any way by any action or statement of an individual member or group of members of the Board, except when that action or statement is authorized by an official act of the Board or the provisions of this chapter.

500.15 Unless specifically provided for by a majority of the Board members present, only members of the Board, the Executive Director, staff, and agents of the Board may address the Board or participate in the discussion of matters at regular monthly, special, or emergency meetings of the Board.

500.16 The Board must make its decisions after consideration of the parties’ briefs and the records submitted by the parties. The Board may order additional briefs where it deems appropriate. The Board may also order oral arguments on its own motion or upon motion of a party.

500.17 Three (3) members constitute a quorum. No decision of the Board will be valid unless supported by the majority of a quorum.

500.18 If a Board member cannot attend a meeting in person, that member may participate in the Board meeting via teleconference upon approval of the Chair.

500.19 If a Board member cannot attend a meeting in person or via teleconference, that Board member must provide reasonable notice to the Chair and the Executive Director.

500.20 If the Government of the District of Columbia is closed due to weather or a national emergency or other event, then a meeting of the Board scheduled to occur during the closure is deemed cancelled.

500.21 The public may inspect or copy the rules, decisions, and public records of the Board to the extent and in the manner authorized by the District of Columbia Freedom of Information Act, D.C. Official Code §§ 2-531—2-540.

500.22 A labor organization that represents employees of the District of Columbia Government must send the Board the name, telephone number, email address, and mailing address of each appointed and elected office holder.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 44 DCR 3506 (June 20, 1997); as amended by Final Rulemaking published at 46 DCR 8276 (October 15, 1999); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 500

6-B DCMR § 501 COMPUTATION AND EXTENSIONS OF TIME

501.1 When an act is required or allowed to be done within a specified time by these rules, the Board, Chair, or the Executive Director may, upon timely request, order the time period extended or reduced to effectuate the purposes of the CMPA, except that no extension may be granted for the filing of initial pleadings.

501.2 A motion for an extension or reduction of time must be in writing and made at least three (3) business days before the expiration of the filing period. The Executive Director may allow exceptions to this requirement for good cause shown by a party.

501.3 A motion for an extension or reduction of time must indicate the purpose and reason for the requested extension or reduction of time and the positions of all interested parties regarding the change.

501.4 Whenever a period of time is measured from the service of a pleading and service is by U.S. mail, five (5) days will be added to the prescribed period.

501.5 In computing any period of time prescribed by these rules, the time begins to run the day after the event occurs. Whenever the last day to file a document falls on Saturday, Sunday, or a District of Columbia holiday, the period extends to the next business day. All prescribed time periods are calendar days, unless specified as business days.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 59 DCR 4225 (May 4, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 501

6-B DCMR § 502 FILING AND SERVICE OF PLEADINGS

502.1 All pleadings filed with the Board must be filed electronically through File & ServeXpress, pursuant to § 561, except those filed by a pro se party. All pleadings must include the following:

(a) The title of the proceeding (for example, unfair labor practice complaint, standards of conduct complaint, arbitration review request, petition for compensation unit determination, enforcement petition, negotiability appeal, and petition for unit clarification) and the case number, if known;

(b) The name, title, address, and telephone number of the person signing and the date of signing;

(c) The name, mailing address, email address, and telephone number of the representative, if any, of the party filing the pleading; and

(d) A signed certificate of service naming all other parties and attorneys or representatives, if any, on whom concurrent service was made. The certificate must state how and when such service was made.

502.2 As illustrated in the following example, all pleadings must contain a caption setting forth the name of the Board, the title of the proceeding, the case number, if known, and the title of the pleading:

GOVERNMENT OF THE DISTRICT OF COLUMBIA

PUBLIC EMPLOYEE RELATIONS BOARD

[Name of Party] )

Complainant or Petitioner )

)

v. ) PERB Case No. ___

)

[Name of Party] )

Respondent )

[Title of the Proceeding]

502.3 All pleadings submitted to the Board must be typed or legibly hand-written and limited to twenty (20) double-spaced pages. Requests to increase the page limitation must be submitted to the Executive Director at least three (3) business days before the pleading is due. The page limitation of this rule does not apply to pleadings filed with the trier of fact when the trier of fact is not the Board itself.

502.4 An initial pleading must be filed electronically through File & ServExpress, pursuant to § 561, unless filed by a pro se party. An initial pleading must include the following:

(a) The name, mailing address, email address, and telephone number of each party filing the pleading and, if known, of each respondent;

(b) A concise statement of the nature of the case, the basis for the claim, and the relief requested;

(c) A concise statement of all information deemed relevant, which must be set forth in numbered paragraphs; and

(d) A statement as to the existence of any related proceedings or other proceedings involving matters related to the complaint, if known, and the status or disposition of those proceedings.

502.5 A pro se party may file an initial pleading by personal delivery during the Board’s business hours established in § 500.10. A pro se party may utilize the Board’s public access terminal to upload the document free of charge.

502.6 An initial pleading must be served on the respondent or respondents by personal delivery, commercial delivery, or U.S. mail.

502.7 An initial pleading that is filed will be assigned a filing date and case number. The Board or its designated representative will review the pleading to determine whether it was filed in accordance with the procedural requirements of the CMPA and these rules.

502.8 An initial pleading may be amended as a matter of course before an answer is filed. Once an answer is filed, the initial pleading may be amended by motion. Unless the Board orders otherwise, an answer to an amended pleading must be made within the time remaining to respond to the original pleading or no later than fourteen (14) days after service of the amended pleading, whichever is later.

502.9 A complainant or petitioner may withdraw an initial pleading without prejudice at any time before an answer is filed. After an answer is filed, an initial pleading may be withdrawn only by order of dismissal by the Board or the Executive Director. Unless the order states otherwise, the dismissal is without prejudice.

502.10 Once a respondent has filed a notice of appearance, subsequent pleadings must be filed with the Board electronically through File & ServeXpress. A party submitting a subsequent pleading to the Board must concurrently serve a copy of the pleading on every other party, unless otherwise directed by these rules or by instructions from the Board. If a party is represented by an attorney or other representative, serving the attorney or representative is sufficient.

(a) A pro se party must be served by personal delivery, commercial delivery, or U.S. mail, unless a pro se party has waived such method of service in writing and agreed to be served by email or electronically or has used File & ServeXpress for a filing in the case. A pro se party may serve a party by File & ServExpress, personal delivery, commercial delivery, or U.S. mail.

502.11 A party named as a respondent in an initial pleading must file an answer no later than fourteen (14) days after service of the initial pleading, unless otherwise stated in these rules. An answer must contain a statement of its position with respect to the allegations set forth in the initial pleading. An answer must also include a statement of any affirmative defenses.

502.12 An answer must include a specific admission, denial, or statement that the respondent is without knowledge to admit or deny each allegation in the initial pleading. A statement of a lack of knowledge to admit or deny will operate as a denial. Admissions or denials may be made to all or part of an allegation but must address every allegation.

502.13 A respondent who fails to file a timely answer may be deemed to have admitted the material facts alleged in the initial pleading and to have waived a hearing. A failure to deny an allegation may also be deemed an admission of that allegation.

502.14 If review of a pleading reveals that the pleading does not comply with the procedural requirements of the CMPA or these rules, the Executive Director will notify the party or the party’s representative of the deficiencies in the pleading and allow seven (7) days from the date of notice for the deficiencies to be cured. Failure to cure deficiencies in an initial pleading within that time may result in dismissal of the case without further notice. An amended pleading filed to cure deficiencies pursuant to a notice from the Executive Director relates back to the date of the original pleading.

502.15 An interested party who wishes to intervene in a pending proceeding must promptly file a request to intervene and state the grounds for intervention.

502.16 The Board or the Executive Director may grant or deny a request for intervention, taking into consideration the nature of the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor’s request.

502.17 When there is a change in representation, the new representative of a party must promptly file a notice of appearance in the case and serve a copy on all parties to the proceeding.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 502

6-B DCMR § 503 EXCLUSIVE RECOGNITION AND NONCOMPENSATION UNIT DETERMINATION

503.1 A labor organization seeking exclusive recognition as the representative for an appropriate unit may file a “recognition petition.” The recognition petition must include the following:

(a) A description of the proposed unit, including the name, address, and telephone number of the employing agency (and agency subdivision, if any), the number of employees in the proposed unit, and the general classifications of employees;

(b) The name, address, and telephone number of any other labor organization known to the petitioner that claims recognition as a representative of any employees in the proposed unit;

(c) A statement as to whether there is a collective bargaining agreement in effect covering the proposed unit or any part of it, including the effective date and expiration date of any such agreement;

(d) A statement as to how the employees in the proposed unit share a community of interest, by virtue of such common factors as skills, working conditions, supervision, physical location, organizational structure, distinctiveness of functions performed, or the existence of integrated work processes;

(e) A roster of the petitioner’s officers and representatives, a copy of its constitution, articles of incorporation, and bylaws, if any, and a statement of its objectives; and

(f) A statement that the petitioning labor organization subscribes to the standards of conduct for labor organizations, as set forth in § 1703(a) of the CMPA, D.C. Official Code § 1-617.03(a) (2016 Repl.).

503.2 A petition for exclusive recognition must be supported by a showing of interest, not more than one year old, that at least thirty percent (30%) of the current employees in the proposed unit desire representation by the petitioner. Evidence of the employees’ showing of interest must be submitted to the Board by commercial delivery, U.S. mail, or personal delivery to the Board’s office. Forms of evidence may include the following:

(a) Current dues deduction authorizations;

(b) Notarized membership lists;

(c) Membership cards;

(d) Individual authorization cards or petitions signed and dated by employees indicating their desire to be represented by the labor organization; or

(e) Other evidence as determined appropriate by the Board.

503.3 Upon service of the recognition petition by the petitioner, the agency must prepare an alphabetical list of all employees in the proposed unit for the last full pay period before the filing of the petition. The list must distinguish between professional and nonprofessional employees. This list, along with any comments concerning the petition, must be served on the Board no later than fourteen (14) days after the agency’s receipt of the petition. The Executive Director may request additional payroll records from the agency in order to properly investigate the showing of interest.

503.4 The Board or its designee must determine whether the petitioner’s evidence adequately shows that at least thirty percent (30%) of the employees in the proposed unit desire representation by the petitioner. While signed and dated authorization cards, in accordance with § 503.2, will always be accepted as adequate evidence, other forms of evidence may be considered adequate by the Board as prescribed under § 503.2 and § 503.12. The showing of interest determination may not be subject to appeal.

503.5 If the petition is amended to seek to represent a unit different from that in the original petition, the amended petition must be accompanied by a thirty percent (30%) showing of interest in the new unit.

503.6 In cases where an agency’s staffing fluctuates due to the seasonal nature of the work or in cases where a unit is expanding, a showing of interest is required only among those employees employed at the time the petition was filed.

503.7 If the status of employees in the proposed unit or the appropriateness of the unit is disputed, the Executive Director may conduct proceedings to resolve the dispute.

503.8 If the Executive Director is unable to resolve issues concerning the eligibility of employees or unit appropriateness, a hearing may be ordered in the matter. If the hearing examiner recommends a change in the unit, the petitioner may submit additional evidence to establish a showing of interest in the changed unit, no later than seven (7) days after the issuance of the hearing examiner’s report and recommendation.

503.9 The Board must maintain the confidentiality of the showing of interest submitted in support of a petition filed under this section or § 506, and this evidence will not be available for public access.

503.10 If the requirements of §§ 503.1, 503.2, and 503.3 are met, the Executive Director must prepare a notice of recognition petition to be posted by the agency in conspicuous places on all employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The agency must post the notice no later than seven (7) days after the Board’s service of the notice and keep it posted for fourteen (14) consecutive days. The notice must include the following:

(a) The name of the petitioner;

(b) A description of the proposed unit;

(c) The date the notice was posted;

(d) The name of any other labor organization currently representing employees in the proposed unit; and

(e) The requirements for intervention by any other labor organization.

503.11 A labor organization may file an intervention petition within the period required by the notice. The intervention petition must contain the same information as required of a petitioner under § 503.1.

503.12 An intervention petition must be accompanied by:

(a) A showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the petition for exclusive recognition wish to be represented by the intervening labor organization, unless a different unit is proposed by the intervenor, in which case a showing of interest of at least thirty percent (30%) must accompany the intervenor’s petition; or

(b) Where applicable, a statement that the intervenor is the incumbent exclusive representative of the employees in the proposed unit. The incumbent labor organization must be allowed to intervene as a matter of right without submitting any showing of interest.

503.13 If the intervenor’s showing of interest is insufficient, the request for intervention will be denied.

503.14 A petition for exclusive recognition will be barred if:

(a) During the previous twelve (12) months, a valid majority status determination has been made for substantially the same bargaining unit, a certification of representative has been issued, or the Board has determined the compensation unit placement; or

(b) A collective bargaining agreement is in effect covering all or some of the employees in the bargaining unit unless:

(1) The agreement is of three (3) years or shorter duration and the petition is filed between one hundred twenty (120) and sixty (60) days before the scheduled expiration date or after the stated expiration of the contract; or

(2) The agreement has a duration of more than three (3) years and the petition is filed after the contract had been in effect for nine hundred seventy-five (975) days.

503.15 Upon the filing of a petition under § 503.1 or § 503.11, the Executive Director may conduct a preliminary investigation. Thereafter, the Board must take appropriate action, which may include any one or more of the following:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Holding a hearing;

(e) Conducting an election; or

(f) Approving the petition certifying the labor organization pursuant to § 503.17.

503.16 Hearings under § 503.15(d) are investigatory and not adversarial.

503.17 If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the Board may approve the employing agency to recognize the labor organization without an election on the basis of evidence that demonstrates majority status (more than fifty percent (50%) support for the petitioning labor organization), such as documentary proof not more than one year old, indicating that a majority of employees wish to be represented by the petitioning labor organization. The Executive Director must determine majority status and must recommend to the Board whether certification should be granted without an election.

(a) If the proposed unit contains professionals and nonprofessionals, recognition without an election may be permitted only if a majority of the professional employees petition for inclusion in the unit.

503.18 If the choice available to employees in an appropriate unit includes two (2) or more labor organizations, the Board must order an election in accordance with these rules.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 503

6-B DCMR § 504 COMPENSATION UNIT DETERMINATION

504.1 An agency, a labor organization, or a group of labor organizations may file a “petition for compensation unit determination” seeking determination of an appropriate unit for the purpose of negotiations for compensation.

504.2 The Board may on its own motion initiate proceedings for the determination of units for compensation bargaining absent the filing of a petition by any party.

504.3 A petition for the determination of a compensation unit must include the following:

(a) The name and address of each personnel authority, agency, and labor organization that might be affected by the petition;

(b) A description of the proposed unit, setting forth the numbers and types of employees to be included;

(c) A list of the pay, retirement, and other compensation systems to be included in the proposed unit; and

(d) A showing that the proposed unit consists of broad occupational groups so as to minimize the number of pay systems.

504.4 Upon the filing of a petition or commencement of proceedings by the Board on its own motion for the determination of a compensation unit, the Executive Director must prepare an official notice to be posted by the employing agency in conspicuous places on employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The agency must post the notice no later than seven (7) days after the Board’s transmittal of the notice and keep it posted for fourteen (14) consecutive days thereafter. The notice must indicate the following:

(a) The party or parties that filed the petition or initiated the proceedings;

(b) Each labor organization that might be affected by the proposed unit;

(c) The proposed unit description;

(d) A list of the compensation systems proposed to be included;

(e) The date the notice was posted; and

(f) A statement that within fourteen (14) days after posting of the notice any interested labor organization or person may file written comments.

504.5 A labor organization may file a request to intervene in the case and any party may file comments concerning the proposed unit.

504.6 The Executive Director must serve a copy of the notice on each labor organization that has exclusive recognition for any employees in the proposed unit and on each affected agency or its representative.

504.7 Any labor organization that has exclusive recognition for any employees in the proposed unit must be permitted to intervene.

504.8 After the filing of a petition or upon commencement of a proceeding, the Executive Director may conduct a preliminary investigation.

504.9 In making its determination regarding an appropriate compensation unit, the Board may take any one or more of the following actions:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Conducting a hearing; or

(e) Granting the petition or determining a unit.

504.10 Hearings under § 504.9(d) are investigatory and not adversarial.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 504

6-B DCMR § 505 MODIFICATION OF UNITS

505.1 A petition for unit modification of either a compensation or non-compensation unit may be filed by a labor organization or by a labor organization and an agency jointly. A unit modification may be sought for any of the following purposes:

(a) To reflect a change in the identity or statutory authority of the agency;

(b) To add to an existing unit unrepresented classifications or employee positions created since the recognition or certification of the exclusive representative;

(c) To delete classifications that are no longer in existence or that, by virtue of changed circumstances, are no longer appropriate to the established unit; or

(d) To consolidate two (2) or more bargaining units within an agency that are represented by the same labor organization.

505.2 A petition for unit modification must include the following:

(a) The names and addresses of all labor organizations and agencies affected by the proposed change;

(b) A description of each existing unit and the proposed unit, including the name and address of the employer, the number of employees in the existing and proposed units, and the personnel and payroll classifications of the employees;

(c) The date of recognition or certification of each labor organization for the affected units;

(d) A copy of the documentation evidencing any existing recognition or certification; and

(e) A statement of the reasons for the proposed modification.

505.3 Upon the filing of a petition for unit modification, the Executive Director must prepare an official notice to be posted by the agency in conspicuous places on employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The agency must post the notice no later than seven (7) days after the Board’s service of the notice and keep it posted for fourteen (14) days thereafter. The notice must indicate the following:

(a) The party or parties who filed the petition or initiated the proceedings;

(b) The names and addresses of all labor organizations that would be affected by the proposed modification;

(c) The existing and the proposed unit descriptions;

(d) A list of the compensation systems proposed to be included;

(e) The date the notice was posted; and

(f) A statement that, within fourteen (14) days after posting of the notice, any labor organization or person that would be affected may file written comments.

505.4 An affected labor organization may file a request to intervene in the case and any party may file comments concerning the proposed modification. All comments or requests to intervene must meet the requirements of § 502.

505.5 Upon the filing of a petition under this section, the Board may direct a preliminary investigation and thereafter must take appropriate action, which may be any one or more of the following:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Holding a hearing; or

(e) Granting the modification sought.

505.6 Hearings under § 505.5(d) are investigatory and not adversarial.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 505

6-B DCMR § 506 CLARIFICATION OF UNITS

506.1 A petition filed for clarification of an existing unit may be filed by the agency or by the exclusive representative of the unit. The petition must include the following:

(a) A description of the existing unit;

(b) A copy of the documentation evidencing any existing recognition or certification; and

(c) A statement of why a clarification of the existing unit is requested.

506.2 The Board must grant or deny the petition following an appropriate investigation and recommendation to the Board by the Executive Director or a hearing examiner.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 506

6-B DCMR § 507 DECERTIFICATION PETITIONS

507.1 The purpose of a decertification proceeding is to determine whether a majority of the employees in a bargaining unit maintain their desire to be represented by the existing exclusive bargaining representative.

507.2 A petition to decertify an exclusive representative of a bargaining unit may be filed with the Board by the District or by an employee or employees in the bargaining unit. The petition must be served on the exclusive representative in accordance with § 502.6 and must include the following:

(a) The name, address, and telephone number of the petitioner and of the petitioner’s representative if any. (A petitioner’s representative under this rule may not be a labor organization.)

(b) The name, address, and telephone number of the exclusive representative.

(c) The name, address, and telephone number of the employer;

(d) A specific and detailed description of the bargaining unit including employee classifications or job titles;

(e) The approximate number of employees in the bargaining unit;

(f) The date that the exclusive representative was recognized and the method of recognition, if known; and

(g) A brief description of any collective bargaining agreements covering any employees in the bargaining unit, including the expiration dates of the agreements.

507.3 A petition for decertification filed by an employee or employees must be accompanied by a showing that at least thirty percent (30%) of the employees in the bargaining unit no longer desire to be represented by the exclusive representative.

507.4 An employing agency may not assist an employee or group of employees in the filing of a decertification petition.

507.5 A petition for decertification filed by the District must be accompanied by a sworn statement and supporting evidence of lack of activity by the exclusive representative.

507.6 The exclusive representative may file a response to the decertification petition no later than fourteen (14) days after the date of service of the petition. If the exclusive representative does not file a timely response indicating that it desires to continue to represent the employees, the Board may issue a decertification order.

507.7 If the exclusive representative files a timely response indicating that it desires to continue to represent the employees and the requirements of § 507.2 and § 507.3 or § 507.5 have been met, the Board must order an election to determine majority status.

507.8 The Board will not entertain a decertification petition in the following circumstances:

(a) Within the preceding twelve (12) months, the Board has certified the results of an election among all or some of the employees in the bargaining unit or has determined the compensation unit placement;

(b) The exclusive representative of the employees in the bargaining unit was voluntarily recognized within the preceding twelve (12) months and the recognition was certified by the Board; or

(c) A collective bargaining agreement is in effect covering employees in the bargaining unit except in the following circumstances:

(1) The agreement is of three (3) years or shorter duration and the petition is filed between one hundred twenty (120) and sixty (60) days before the scheduled expiration date or after the stated expiration of the contract; or

(2) The agreement has a duration of more than three (3) years and the petition is filed after the contract had been in effect for nine hundred seventy-five (975) days.

507.9 Upon receiving a timely response from the exclusive representative pursuant to § 507.6, the Board must transmit a copy of the decertification petition to the agency. The agency must prepare an alphabetical list of all employees in the unit for the last full pay period before the filing of the petition. This list, along with any comments concerning the petition, must be served on the Board no later than fourteen (14) days after the Board’s service of the petition on the agency.

507.10 The Board or its designee must determine the adequacy of the showing of interest.

507.11 If the requirements of §§ 507.2, 507.3 and 507.9 are met, the Executive Director must prepare a notice to be posted by the agency in conspicuous places on all employee bulletin boards at work sites of employees in the unit and to be distributed in a manner by which notices are normally distributed. The agency must post the notice no later than seven (7) days after the Board’s service of the notice and keep it posted for fourteen (14) consecutive days. The notice must include the following:

(a) The name of the petitioner;

(b) A description of the unit;

(c) The date the notice was posted;

(d) The name of the labor organization currently representing employees in the unit; and

(e) The requirements for intervention by any other labor organization.

507.12 A labor organization may file an intervention petition within the period required by the notice. The petition must contain the same information as required under § 507.2.

507.13 An intervention petition must be accompanied by a showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the decertification petition wish to be represented by the intervening labor organization, unless a different unit is proposed by the intervenor, in which case a showing of interest of at least thirty percent (30%) must accompany the intervenor’s petition.

507.14 Upon the filing of a petition pursuant to § 507.2 or § 507.12, the Executive Director may conduct a preliminary investigation. Thereafter, the Board must take appropriate action, which may include any one or more of the following:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Holding a hearing;

(e) Conducting an election.

507.15 Hearings under § 507.14(d) are investigatory and not adversarial.

507.16 When there is no intervening labor organization, an election to decertify an incumbent exclusive representative is not held if the incumbent provides the Executive Director with a written disclaimer of any representation interest in the unit. When there is an intervenor, an election is held if the intervening labor organization proffers a thirty percent (30%) showing of interest within the time period established by the Executive Director.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 507

6-B DCMR § 509 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 510 ELECTION PROCEDURES: GENERAL

510.1 Representation elections will be conducted by the Board or by an impartial body selected by the mutual agreement of the parties. The parties to a representation election must inform the Board as to whether they have selected by mutual agreement an impartial body to conduct the election. If they inform the Board that they have not selected an impartial body, the Board will conduct the election.

510.2 All elections must be by secret ballot.

510.3 The agent of the Board or other impartial body conducting the election must furnish to the agency and to the labor organization(s) that are parties to the proceeding an official notice setting forth the details of the election. This notice must be posted not less than seven (7) days before the date of the election and must remain posted until after the election. Copies of the Notice must be distributed in a manner by which notices are normally distributed.

510.4 In any election, each party to the election may be represented at each polling place by an equal, predesignated number of poll watchers of its choice, subject to limitations that are either prescribed by the agent of the Board or other impartial body or mutually agreed upon by the parties and approved by the Board.

510.5 Each party must submit the names(s) of its designated observer(s) to the agent of the Board or other impartial body before the day of the election. The observers represent their principals, challenging voters and generally monitoring the election process.

510.6 When an election involves a bargaining unit containing professional and non-professional employees, all professional employees must be given two (2) ballots: one for indicating whether they desire a combined professional/nonprofessional unit and a second for indicating the choice of representative, if any.

510.7 If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the employing agency has submitted a written waiver of a hearing, and the Board cannot determine whether a majority of the proposed bargaining unit wish to be represented by the petitioning labor organization or the employing agency chooses not to voluntarily recognize the appropriate unit, an election pursuant to §§ 512 or 513 will be conducted.

510.8 Parties are encouraged to enter into election agreements. If the parties are unable to agree on procedural matters—specifically, the eligibility period, method of election, dates, hours, or locations of the election—the Executive Director will decide election procedures and issue a direction of election, without prejudice to the rights of a party to file objections to the procedural conduct of the election.

510.9 When there is no intervening labor organization, an election will not be held if the petitioner provides the Executive Director with a written request to withdraw the petition. When there is an intervenor and the petitioner provides the Executive Director with a written request to withdraw the petition, an election will be held if the intervenor presents a thirty percent (30%) showing of interest within the time period established by the Executive Director.

510.10 The parties may consent to an election without holding a hearing on the appropriateness of the unit.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 510

6-B DCMR § 511 ELECTION PROCEDURES: ELIGIBILITY

511.1 To be eligible to vote in an election, an employee must have been employed in the bargaining unit during the pay period before the date on which the Board ordered the election or as otherwise determined by the Board or consented to by the parties and must still be employed in the bargaining unit on the date of the election.

511.2 The employer must file with the Board and the labor organization(s) a list of employees eligible to vote in the election no later than seven (7) days after approval of an election agreement or seven (7) days after the Board or the Executive Director has directed an election, whichever occurs first. Such list must also include the home addresses of the eligible employees.

511.3 To be eligible to vote in a runoff election, an employee must have been eligible to vote in the original election and still be employed in the bargaining unit on the date of the runoff.

511.4 The agent of the Board agent or other impartial body or any authorized observer may challenge the eligibility of any voter and in so doing must state the reason for the challenge. A voter whose identity has been challenged may establish identity by showing any piece of identification acceptable to the agent of the Board or other impartial body.

511.5 An individual whose eligibility to vote is in dispute will be given the opportunity to vote a challenged ballot. If the parties and the agent of the Board or other impartial body are unable to resolve the challenged ballot(s) before the tally of ballots, the agent of the Board or other impartial body will impound and preserve the unresolved challenged ballot(s) until the Executive Director or the Board makes a determination regarding the eligibility of the voter.

511.6 A challenged ballot must be placed in a “challenged ballot” envelope. The envelope must be sealed by the agent of the Board or other impartial body and initialed by the observers. The agent of the Board or other impartial body must write the reason for the challenge and the voter’s name on the envelope and place the envelope in the ballot box.

511.7 The agent of the Board or other impartial body should attempt to resolve ballot challenges to the satisfaction of both parties before the ballots are counted.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 511

6-B DCMR § 512 ELECTION PROCEDURES: ON-SITE ELECTIONS

512.1 The procedures set forth in this section apply to an election conducted on-site, unless otherwise agreed to by the parties and approved by the Board.

512.2 The agent of the Board or other impartial body must designate the areas in proximity to the polling place in which electioneering will be prohibited.

512.3 The agent of the Board or other impartial body must examine the ballot box in the presence of the observers immediately before opening the polls and must seal the ballot box following the observers’ inspection of the polls and the ballot box. The seal must allow for only one opening on the top of the ballot box for voters to insert their ballots.

512.4 A voter casts a ballot by marking an (X) or a (√) in a circle or block designating the voter’s choice in the election.

512.5 If a voter inadvertently spoils a ballot, the voter may return the ballot to the agent of the Board or other impartial body who must give the voter another ballot. The spoiled ballot must be placed in a “spoiled ballot” envelope. The envelope must be sealed by the agent of the Board or other impartial body and initialed by the observers. The agent of the Board or other impartial body must place the envelope in the ballot box.

512.6 A voter should fold the ballot so that no part of its face is exposed and on leaving the voting booth deposit the ballot in the ballot box.

512.7 Each ballot box must be sealed by the agent of the Board or other impartial body and initialed by the observers after each election session and so kept until the re-opening of the polls and must remain in the custody of the agent of the Board or other impartial body until the tallying of the ballots.

512.8 Upon request of a voter, the agent of the Board or other impartial body may privately assist the voter to mark the ballot.

512.9 Upon conclusion of the polling, ballots will be tallied in accordance with § 514.

512.10 If there is only one polling location, ballots will be tallied at the polling site. If there is more than one polling location, the agent of the Board or other impartial body must, upon conclusion of the voting, seal the ballot boxes, each of which must be initialed by the observers. The agent of the Board or other impartial body must transport them to a predetermined central location. When all of the ballot boxes have arrived, the agent of the Board or other impartial body must open the ballot boxes in the presence of observers and commingle the ballots for tallying.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 512

6-B DCMR § 513 ELECTION PROCEDURES: MAIL BALLOTS

513.1 Taking into consideration the desires of the parties, the Executive Director may direct an election to be conducted by mail when the schedules, shifts, or work sites of employees prevent them from being present at a common location at common times.

513.2 Unless otherwise agreed to by the parties and approved by the Board, the procedures in this section apply to an election conducted by mail ballot.

513.3 When an election is conducted by mail, the agency must, at least fourteen (14) days before the date of the election, provide to the Board a copy of the employee list in the form of mailing labels or in a format in which the information can be readily transferred to mailing labels. The list must distinguish between professional and nonprofessional employees.

513.4 The agent of the Board or other impartial body must mail each eligible voter a packet containing a ballot, ballot envelope, pre-addressed stamped return envelope, and instructions.

513.5 The instructions must advise the voter to mark the ballot with an (X) or a (√) in the circle or block designating a choice in the election without identifying marks, place the ballot in the ballot envelope, seal the ballot envelope, place the ballot envelope in the return envelope, seal the return envelope, sign the return envelope, and mail the return envelope to the designated post office box or address provided in the instructions. The instructions must also advise the voter of the date by which envelopes must be received. Ballots not returned by U.S. mail will not be accepted.

513.6 When the election includes a vote on a combined professional/nonprofessional unit, the agent of the Board or other impartial body must mail the professional and nonprofessional employees separate ballots and ballot envelopes for unit preference and for choice of representative. The instructions must advise these voters to mark the ballots separately, to place them in their respective ballot envelopes, and to place both ballot envelopes in the return envelopes.

513.7 The parties may designate an equal number of representatives, as set by the Board, to observe the tallying of the ballots. The ballots will be tallied on a date and location set by the Board.

513.8 Ballots must remain unopened and be kept in the custody of the agent of the Board or other impartial body until the date set for tallying. On the date set for tallying, the representatives and the Agent may challenge any ballots before the opening of the return envelopes.

513.9 Only ballots received prior to the tally will be counted.

513.10 Challenged ballots must be handled in accordance with § 511.6.

513.11 All ballots that have not been challenged must be separated from their return envelopes and commingled before tallying. The ballots will be tallied in accordance with § 514.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 513

6-B DCMR § 514 ELECTION PROCEDURES: TALLYING

514.1 Representation will be determined by the majority of the valid ballots cast. Each party may designate representative(s) to observe the tallying of the ballots. Ballots must be tallied in the presence of the parties’ observers. The count must proceed as set forth in this section.

514.2 The agent of the Board or other impartial body must segregate the challenged ballots. The challenged ballots will be opened and counted only if the challenges have been resolved to the satisfaction of the parties and the challenged ballots could be determinative of the outcome of the election.

514.3 When the election includes a vote on a combined professional/nonprofessional unit, the ballots on unit preference must be tallied first. If a majority of the professional employees casting valid ballots votes for a combined unit, the ballots on choice of representative, if any, must be tallied with the ballots of nonprofessional employees. If a majority of professional employees voting fails to vote for a combined unit, the ballots on choice of representative, if any, must be tallied separately.

514.4 The Board must preserve all ballots until the conclusion of any related proceedings.

514.5 The participants in the tally are the agent of the Board or other impartial body and official observers, in the numbers necessary. Members of the press and other interested persons may be present to the extent permitted by the physical facilities and the permission of the owner of the premises being used. The agent in charge of the election has discretion to limit the number of participants.

514.6 The intent of the voter, if clearly ascertainable from the ballot itself, must be followed in assessing the marking of the ballot.

514.7 If the ballot is defaced, torn, or marked in a manner that makes it not understandable or that identifies the voter, the ballot must be declared void.

514.8 If challenges to ballots have not been resolved to the satisfaction of the parties and the challenges are sufficient in number to affect the outcome of the election, the Board must resolve the challenges in accordance with §§ 515.3 and 515.4.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 514

6-B DCMR § 515 CERTIFICATION OF ELECTION RESULTS

515.1 The Executive Director must prepare a report of election results that includes a tally of the ballots. The Executive Director must serve the report on each party, attaching a certificate of service.

515.2 No later than seven (7) days after the tally of ballots has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct that might have improperly affected the results of the election. The objecting party must include a specific statement of the reasons for each objection.

515.3 If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or other person designated by the Board, must conduct an investigation and make a report of findings to the Board. If the Board has reason to believe that such allegations or challenges may be valid, the Board must order a hearing on the matter within two (2) weeks after the date of receipt of the objections. Any hearing held pursuant to this subsection is investigatory and not adversarial.

515.4 Following its consideration of all challenges and objections, the Board may:

(a) Set aside the election and order that a new election be conducted;

(b) Issue a certification of representative; or

(c) Issue a certification of results that no union has been selected.

515.5 Except as provided in D.C. Official Code § 1-617.10(d), the Executive Director, on behalf of the Board, must certify the results of each election no later than ten (10) business days after the tally of ballots has been served.

515.6 Where there are three (3) or more choices on the ballot, an election in which (after any determinative challenges have been resolved) none of the choices receives a majority of the valid votes cast is considered an inconclusive election. In such case, the Board must order that another election be conducted between the two (2) choices on the original ballot that received the highest and next highest number of votes. In the event of a tie in the second election, the Board must certify the election results indicating that no representative was selected.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 515

6-B DCMR § 516 PETITIONS TO AMEND CERTIFICATION

516.1 An exclusive representative may file a petition with the Board to amend its certification when there is a change in the identity of the exclusive representative that does not raise a question concerning representation (e.g., whether the employees have designated a particular organization as their bargaining agent). A change in the identity of the representative that does not raise a question concerning representation may include a change in the name of the labor organization.

516.2 The petition must contain the following:

(a) The name, address, and telephone number of the employer as shown in the certification;

(b) The name, address, and telephone number of the exclusive representative, as shown in the certification;

(c) The name, address, and telephone number of the petitioner’s representative; and

(d) A description of the proposed amendment.

516.3 The Board may grant or deny the petition following an appropriate investigation, which may include a hearing and recommendation to the Board by the Executive Director.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 516

6-B DCMR § 517 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 518 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 519 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 520 UNFAIR LABOR PRACTICE COMPLAINTS

520.1 The rules in this section detail the procedures for initiating, processing, and resolving complaints that the agency, employees, or a labor organization has committed or is committing an unfair labor practice in violation of D.C. Official Code § 1-617.04 (2016 Repl.).

520.2 An unfair labor practice complaint may be filed with the Board by a labor organization, an agency, or an aggrieved person. An unfair labor practice complaint and any answer thereto must be filed in accordance with § 502.

520.3 Unfair labor practice complaints must include a clear and complete statement of the facts constituting the alleged unfair labor practice, including the date, time, and place of occurrence of each particular act alleged, the date the complainant became aware of such an act if that date is later than the date on which the act occurred, and the manner in which D.C. Official Code § 1-617.04 (2016 Repl.) is alleged to have been violated.

520.4 An unfair labor practice complaint must be filed no later than one hundred twenty (120) days after the date on which the alleged violation occurred or the date the complainant knew or should have known of the alleged violation, if later.

520.5 An amended complaint and any answer thereto must be filed in accordance with § 502.8. An amended complaint may allege an additional violation if the amended complaint is filed no later than one hundred twenty (120) days after the date on which the alleged additional violation occurred or the date the complainant knew or should have known of the alleged additional violation, if later.

520.6 If a review of the complaint and any response thereto reveals that there is no issue of fact to warrant a hearing, the Board may render a decision upon the pleadings or may request briefs and/or oral argument.

520.7 The Executive Director must investigate each complaint. The investigation may include an investigatory conference with the parties. When requested by the Executive Director, the parties must submit to the Executive Director evidence relevant to the complaint. Such evidence may include affidavits or other documents. If the evidence a complainant submits to the Executive Director is insufficient to establish the existence of an essential element of the complainant’s case as to which it has the burden of proof, the Executive Director may dismiss the case.

520.8 If the investigation reveals that the pleadings present an issue of fact warranting a hearing, the Executive Director must issue a notice of hearing and serve it upon the parties.

520.9 The Board may order preliminary relief. A request for preliminary relief must be accompanied by affidavits or other evidence supporting the request. Preliminary relief may be granted where the Board’s ultimate remedy may be inadequate and the Board finds that the conduct is clear-cut and flagrant, the effect of the alleged unfair labor practice is widespread, the public interest is seriously affected, or the Board’s processes are being interfered with.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 44 DCR 7448 (December 5, 1997); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 520

6-B DCMR § 521 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 522 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 523 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 524 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 525 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 526 IMPASSE RESOLUTION PROCEEDINGS: COMPENSATION NEGOTIATIONS

526.1 A notice of impasse under D.C. Official Code §§ 1-617.17(f)(2) or (3) (2016 Repl.) may be filed by one or both of the parties and must include the following:

(a) The name of the chief negotiator for each party;

(b) The expiration date of the existing collective bargaining agreement (if any);

(c) A description of the unit affected by the impasse, including the approximate number of employees in the unit;

(d) The date when negotiations commenced and the date of the last meeting; and

(e) The nature of the matters in dispute and any other relevant facts, including a list of specific demands upon which impasse has been reached. Any bargaining proposal included with the notice of impasse must be filed in a manner consistent with D.C. Official Code § 1-617.17(h) (2016 Repl.).

526.2 Upon receipt of a notice of impasse concerning compensation negotiations, other than an automatic impasse as prescribed under D.C. Official Code § 1-617.17(f)(2) (2016 Repl.), the Executive Director must verify with the other party (unless jointly filed) that the parties are at impasse.

526.3 Upon receipt of a notice of impasse and, if required, verification thereof, the Executive Director must consult with the parties regarding their choice of mediator, if any. If the parties are unable to agree upon a mediator, the Executive Director must appoint one or request that the Federal Mediation and Conciliation Service provide one.

526.4 Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of duties is confidential.

526.5 If impasse is not resolved through mediation within thirty (30) days, using a method of their choosing, the parties may recommend an arbitrator or board of arbitration to be appointed by the Executive Director.

526.6 If the parties do not make a recommendation, an arbitrator will be selected in the following manner:

(a) The Executive Director must submit to the parties a list of at least five (5) names of arbitrators.

(b) The parties must confer in person or by telephone and select an arbitrator by means of alternate striking of names from the list until one remains.

(c) The parties must give the remaining name to the Executive Director, who will appoint that individual as the arbitrator.

(d) If the appointed arbitrator declines or is unable to serve, the above process will be repeated.

526.7 No later than seven (7) days after appointment, the arbitrator and the parties, with the assistance of the Executive Director, if necessary, must jointly select a date, time, and place for the hearing.

526.8 Arbitration awards must be in writing and signed by the arbitrator and must be served on the parties no later than forty-five (45) days after the arbitrator has been appointed, unless otherwise agreed to by the parties. A statement of the arbitrator’s fee and expenses should be submitted with the award.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 526

6-B DCMR § 527 IMPASSE RESOLUTION PROCEEDINGS: NONCOMPENSATION NEGOTIATIONS

527.1 Upon receipt of a request for impasse resolution concerning terms and conditions of employment other than compensation, or upon its own motion, the Executive Director may declare an impasse when the following has occurred:

(a) After a reasonable period of negotiations, further negotiation appears to be unproductive; or

(b) An impasse is declared in compensation negotiations covering the same employees as the terms and conditions negotiations.

527.2 A request for resolution of an impasse concerning terms and conditions of employment other than compensation must include the following:

(a) The name of the chief negotiator for each party;

(b) The expiration date of the existing collective bargaining agreement (if any);

(c) A description of the unit affected by the impasse, including the approximate number of employees in the unit;

(d) The date when negotiations commenced and the date of the last meeting; and

(e) The nature of the matters in dispute and any other relevant facts, including a list of specific demands upon which impasse has been reached.

527.3 Upon receipt of a request for impasse resolution procedures for noncompensation matters, the Executive Director must initiate an informal inquiry. If the Executive Director determines that the parties have reached an impasse, despite diligent efforts, the Executive Director must consult with the parties regarding their choice of impasse resolution procedures. These include mediation, fact-finding, and arbitration, either exclusively or some combination thereof. The parties may decide, by mutual agreement, to engage in any of the impasse resolution procedures outlined in D.C. Official Code §§ 1-617.02(c) and 1-617.17(f)(3A) (2016 Repl.).

527.4 If the parties are unable to agree on the type of impasse resolution procedures to be utilized, the Executive Director will appoint a mediator.

527.5 If the parties are unable to agree upon a mediator, the Executive Director must appoint one or request that the Federal Mediation and Conciliation Service provide one.

527.6 Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of mediation duties is confidential.

527.7 The Executive Director may direct fact-finding using the following procedures:

(a) The parties may jointly request the assignment of a specific fact-finder or fact-finder arb or designate the mediator to serve as the fact-finder or as a member of a fact-finding panel;

(b) If the parties are unable to make a selection from a list supplied by the Executive Director, the Executive Director must assign a fact-finder;

(c) The fact-finder must review the positions of the parties with a view toward focusing attention on the issues in dispute and resolving differences as to facts;

(d) The fact-finder must meet with the parties within seven (7) days after appointment, hold conferences and hearings, if necessary, to facilitate the fact-finding process, and take any other steps necessary to investigate and to effect settlement of the impasse through fact-finding;

(e) The fact-finder must make a written report of findings of fact and recommendations for resolution of the impasse. The Board may set a deadline for the submission of the report, which must be submitted confidentially to the parties and to the Board, unless the parties resolve the dispute before the submission of the written report; and

(f) If the parties are unable to resolve the dispute within seven (7) days after the Board receives the report and recommendations, the Board may make the report and recommendations public using the news media or other appropriate means.

527.8 Upon joint request of the parties, the Executive Director may appoint an arbitrator to resolve the impasse. The parties may jointly request the assignment of a particular arbitrator, or the use of a particular arbitrator selection service. The parties may request as an arbitrator for noncompensation matters, an arbitrator or Board of Arbitration currently appointed to consider compensation matters at impasse between the parties.

527.9 If the parties do not make a recommendation, an arbitrator will be selected in the following manner:

(a) The Executive Director must submit to the parties a list of at least five (5) names of arbitrators.

(b) The parties must confer in person or by telephone and select an arbitrator by means of alternate striking of names from the list until one remains.

(c) The parties must give the remaining name to the Executive Director, who will appoint that individual as the arbitrator.

(d) If the appointed arbitrator declines or is unable to serve, the above process will be repeated.

527.10 No later than seven (7) days after appointment, the arbitrator and the parties, with the assistance of the Executive Director, if necessary, must jointly select a date, time, and place for the hearing.

527.11 Arbitration awards must be in writing and signed by the arbitrator and must be served on the parties no later than forty-five (45) days after the arbitrator has been appointed, unless otherwise agreed to by the parties. A statement of the arbitrator’s fee and expenses must be submitted with the award.

527.12 Fact-finding or arbitration proceedings directed by the Board may proceed in the absence of any party who, after due notice, fails to be present and fails to obtain an adjournment.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 527

6-B DCMR § 528 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 529 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 530 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 531 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 532 NEGOTIABILITY APPEAL PROCEEDINGS

532.1 If in connection with collective bargaining, an issue arises as to whether a proposal is within the scope of bargaining, the party presenting the proposal may file a negotiability appeal with the Board. If a negotiability issue exists at the time the Executive Director determines that an impasse has occurred, a negotiability appeal must be filed with the Board no later than seven (7) days after the Executive Director’s determination as to the existence of an impasse. Unless otherwise ordered by the Board, impasse proceedings will not be suspended pending the Board’s determination of a negotiability appeal.

532.2 Except as provided in § 532.1, a negotiability appeal must be filed no later than thirty-five (35) days after a written communication from the other party to the negotiations asserting that a matter is nonnegotiable or otherwise not within the scope of collective bargaining under the CMPA.

532.3 A negotiability appeal must include the following:

(a) The name, title, mailing address, email address, and telephone number of the chief negotiator for each party;

(b) A clear and complete statement of the negotiability issue(s), including a copy of the proposed or existing provisions at issue and specific reference to any applicable statute, regulation, or collective bargaining agreement provision; and

(c) Any written communication from the other party to the negotiation asserting that a proposal is nonnegotiable.

532.4 The respondent may file an answer and supporting brief to the negotiability appeal within fourteen (14) days after the date of service of the appeal. The response must state in clear and complete terms the respondent’s position on each negotiability issue raised in the appeal.

532.5 The petitioner may file a reply brief within fourteen (14) days after the date of service of the answer.

532.6 Following final submission on the matter, the Board may issue a written decision or, if necessary, hold a hearing. A hearing pursuant to this subsection is investigatory and not adversarial.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 532

6-B DCMR § 533 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 534 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 535 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 536 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 537 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 538 GRIEVANCE ARBITRATION REVIEW REQUEST

538.1 A party to a grievance arbitration proceeding who is aggrieved by the arbitration award may file with the Board a request for review of the award no later than twenty-one (21) days after service of the award. Service of the arbitration award on a party occurs when the award is personally delivered during business hours; deposited in the U.S. mail, properly addressed, first class postage prepaid; sent through commercial delivery; or served by email or facsimile. Whenever an award is served by U.S. mail, five (5) days will be added to the prescribed period of time to file an arbitration review request.

538.2 The arbitration review request must include the following:

(a) The name, address, and telephone number of the arbitrator;

(b) A brief requesting the Board to set aside, remand, or modify an award on one or more of the grounds set forth in D.C. Official Code § 1-605.02(6);

(c) A copy of the award;

(d) An affidavit or other proof of the date of service of the award; and

(e) Any other portion of the arbitration record upon which the petitioner relies in the arbitration review request.

538.3 A brief in opposition to the arbitration review request may be filed with the Board by the other party to the arbitration proceeding no later than fourteen (14) days after service of the request. The respondent may file with its opposition any portion of the arbitration record not submitted by the petitioner.

538.4 The Board must make its decision after consideration of the review request, the parties’ briefs and the record submitted by the parties.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 59 DCR 4223 (May 4, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 538

6-B DCMR § 539 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 540 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 541 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 542 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 543 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 544 STANDARDS OF CONDUCT COMPLAINTS

544.1 The provisions of D.C. Official Code § 1-617.03 (2016 Repl.), concerning the standards of conduct for labor organizations, must govern the conduct of any labor organization that has been accorded exclusive recognition under D.C. Official Code § 1-617.10(a) or § 1-617.11(b) (2016 Repl.) or that is seeking to be certified as an exclusive representative by the Board.

544.2 Any individual aggrieved because a labor organization has failed to comply with the standards of conduct for labor organizations set forth in D.C. Official Code § 1-617.03(a) may file a complaint with the Board. A standards of conduct complaint and any answer thereto must be filed in accordance with § 502.

544.3 A standards of conduct complaint must include:

A clear and complete statement of the facts constituting the alleged standards of conduct violation, including date, time and place of occurrence of each particular act alleged;

The date the complainant became aware of each such act if that date is later than the date on which the act occurred; and

(c) The manner in which D.C. Official Code § 1-617.03 (2016 Repl.) is alleged to have been violated.

544.4 A complaint alleging a violation under this section must be filed no later than one hundred twenty (120) days from the date the alleged violation occurred or the date the complainant knew or should have known of the alleged violation, if later.

544.5 An amended complaint and any answer thereto must be filed in accordance with § 502.8. An amended complaint may allege an additional violation if the amended complaint is filed no later than one hundred twenty (120) days from the date the alleged additional violation occurred or the date the complainant knew or should have known of the alleged additional violation, if later.

544.6 A complainant may withdraw a complaint without prejudice at any time before an answer is filed.

544.7 The Executive Director must investigate each complaint. The investigation may include an investigatory conference with the parties. When requested by the Executive Director, the parties must submit to the Executive Director evidence relevant to the complaint. Evidence may include affidavits or other documents.

544.8 If the investigation reveals that the pleadings present an issue of fact warranting a hearing, the Executive Director will issue a notice of hearing and serve it upon the parties.

544.9 The Board may order preliminary relief. A request for preliminary relief must be accompanied by affidavits or other evidence supporting the request. Preliminary relief may be granted where the Board’s ultimate remedy may be inadequate and the Board finds that the conduct is clear-cut and flagrant, the effect of the alleged violation is widespread, the public interest is seriously affected, or interference with the Board’s processes.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 44 DCR 7448 (December 5, 1997); as amended by Final Rulemaking published at 46 DCR 8276 (October 15, 1999); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 544

6-B DCMR § 545 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 546 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 547 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 548 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 549 EX PARTE COMMUNICATIONS

549.1 For purposes of this section, the phrase “ex parte communication” means any oral or written communication between decision-making personnel and a party in a proceeding, the party’s representative, or any other person who might be affected by the outcome of a proceeding without the participation of the other parties to the proceeding. Decision-making personnel include, for example, any hearing examiner, employee, or member of the Board who reasonably may be expected to participate in the decision-making processes of the Board.

549.2 No party or representative of a party may engage in any ex parte communication with a hearing examiner or with any member of the Board regarding proceedings pending before the Board.

549.3 Except during settlement discussions or mediations, ex parte communications with an employee of the Board that involve the merits of a case or that violate other rules requiring submissions to be in writing are prohibited until the Board has rendered a final decision in the case. Interested parties may make inquiries to the Executive Director about such matters as the status of a case and when it will be heard. Parties must not make orally a submission that is required to be made in writing or inquire about such matters as what defense they should use or whether their evidence is adequate.

549.4 If a prohibited ex parte communication is made orally, the hearing examiner or other presiding official must describe that occurrence on the record with notice to the parties either by filing a memorandum or by making a statement. If a prohibited ex parte communication is made in writing, the hearing examiner or presiding official must file into the record of the proceeding any writing delivered to him or her.

549.5 A Board member who receives an ex parte communication that violates § 549.2 must promptly report the communication to the chairperson of the Board and to the Executive Director.

549.6 The Executive Director must promptly report to the Board any ex parte communications he or she receives that violate § 549.3. Any other employee of the Board who receives an ex parte communication that violates § 549.3 must promptly report the communication to the Executive Director.

549.7 Upon determining that a party has initiated a prohibited ex parte communication, the hearing examiner, the Executive Director, or the Board may impose procedural sanctions or take remedial actions that are appropriate under the circumstances.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 549

6-B DCMR § 550 HEARINGS

550.1 The purpose of a hearing is to develop a full and factual record upon which the Board may make a decision. A party with the burden of proof must carry that burden by a preponderance of the evidence.

550.2 In any proceeding when a hearing is to be held, the Executive Director or any authorized agent of the Board may meet with the parties to conduct one or more pre-hearing conferences to do any one or more of the following:

(a) Delineate the issues;

(b) Agree on facts, matters, and procedures that will facilitate and expedite the case; and

(c) Exchange lists of witnesses and exhibits.

550.3 No statement or communication made during the course of a pre-hearing conference may be offered as evidence in the same or a subsequent proceeding except upon agreement by all parties.

550.4 When a hearing has been directed by the Board or Executive Director, unless otherwise provided by these rules or directed by the Board, the Executive Director must issue a notice of hearing to all parties to the proceeding at least fourteen (14) days before the scheduled date of the hearing. The hearing will be conducted at the time and place specified in the notice of hearing and will be open to the public.

550.5 The Executive Director may postpone a hearing for good cause shown by a party. A request for postponement must propose alternate dates for the hearing and state the positions of all other parties on the postponement and on the alternate dates.

550.6 Except under extraordinary circumstances, no request for postponement may be granted during the seven (7) days immediately preceding the date of a hearing.

550.7 Any party intending to introduce documentary exhibits at a hearing must make every effort to furnish a copy of each proposed exhibit to each of the other parties at least seven (7) days before the hearing.

550.8 When a copy of an exhibit has not been tendered to the other parties because it was not available before the opening of the hearing, a copy of the exhibit must be furnished to each of the other parties at the outset of the hearing.

550.9 One copy of each documentary exhibit must be submitted to the hearing examiner at the time the exhibit is offered into evidence at the hearing, unless otherwise requested by the hearing examiner.

550.10 Objections to an exhibit are reserved until the exhibit is offered into evidence.

550.11 Any party intending to call witnesses to testify at a hearing must furnish a list of proposed witnesses to each of the other parties at least seven (7) days before the hearing. The party calling the witness is responsible for notifying the witness of the time and place of the hearing and, for witnesses who are employees of the District, so informing the representative of record for the District in the proceeding.

550.12 Hearings will be presided over by a hearing examiner, who is a representative of the Board. A hearing examiner will have full authority to conduct a hearing unless restricted by the Board.

550.13 Hearing examiners must conduct fair and impartial hearings, take all necessary action to avoid delay in the proceedings, and maintain order. To those ends, hearing examiners are authorized to:

(a) Administer oaths and affirmations;

(b) Request the issuance of subpoenas;

(c) Rule upon motions;

(d) Compel discovery of evidence ruled competent, relevant, material, and not cumulative;

(e) Regulate the course of the proceeding, fix the time and place of any continuance of a hearing or conference, and exclude persons from such hearings or conferences for contumacious conduct;

(f) Call and examine witnesses and introduce or exclude documentary or other evidence;

(g) Recommend to the Board dismissal of a case based on a settlement agreement reached by the parties; and

(h) Take any other appropriate action authorized by statute, these rules, or the Board.

550.14 All objections to evidence must be raised before the hearing examiner. Any objection not made before the hearing examiner is waived unless the failure to make such objection is excused by the Board because of extraordinary circumstances.

550.15 Strict compliance with the rules of evidence applied by the courts is not required. The hearing examiner may admit and consider proffered evidence that possesses probative value. Evidence that is cumulative or repetitious may be excluded.

550.16 The hearing examiner may impose procedural sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in §§ 550.17, 550.18, and 550.19 below.

550.17 If a party fails to comply with an order for the production of evidence within the party’s control or for the production of witnesses, unless for good cause, the hearing examiner may:

(a) Draw an inference in favor of the requesting party with regard to the information sought;

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;

(c) Permit the requesting party to introduce secondary evidence concerning the information sought; and

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such request that relate to the requested information.

550.18 If a party fails to prosecute an action, the hearing examiner may recommend that the Board or Executive Director dismiss the action with prejudice or rule against the defaulting party.

550.19 The hearing examiner or Executive Director may refuse to consider any motion or other action that is not filed timely in compliance with this section.

550.20 The Board must reach its decision upon a review of the entire record. The Board may adopt the recommended decision of a hearing examiner to the extent that it is supported by the record, reasonable, and consistent with the Board’s precedent.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 550

6-B DCMR § 551 RECORDING OF HEARINGS

551.1 When a hearing is directed by the Board, the Board shall make arrangements for the hearing to be recorded by stenographic or other means that adequately preserves the record. The parties may order transcripts and shall bear the cost of any transcripts that they order. Transcripts shall be available for review at the Board’s offices upon appropriate arrangements being made.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 551

6-B DCMR § 552 CLOSING ARGUMENTS AND BRIEFS

552.1 Any party is entitled, upon request, to a reasonable time for oral argument before the close of the hearing. Upon the agreement of all parties or at the direction of the hearing examiner, the parties may make oral or written closing arguments instead of filing post-hearing briefs.

552.2 Except as provided in § 552.1, any party may submit to the hearing examiner a brief meeting the requirements of §§ 502 and 561. Briefs must be filed no later than thirty-five (35) days after the transcript becomes available and the parties are so informed. The Executive Director may, for good cause shown, extend the time for the filing of briefs.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 50 DCR 9580 (November 14, 2003); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 552

6-B DCMR § 553 HEARING EXAMINER’S REPORT/EXCEPTIONS

553.1 Following a hearing, the hearing examiner must submit a report and recommendations to the Executive Director and the parties no later than thirty-five (35) days following the submission of post-hearing briefs, if any, or following the conclusion of closing arguments. Upon request of the hearing examiner, the Executive Director may extend the time for submission of the report and recommendations.

553.2 A party may file exceptions and a brief in support of the exceptions no later than fourteen (14) days after service of the hearing examiner’s report and recommendations. A response or opposition to the exceptions may be filed by a party no later than fourteen (14) days after service of the exceptions. A party may file a request for oral argument before the Board, stating the reasons for the request.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 553

6-B DCMR § 554 SUBPOENAS

554.1 An application for issuance of a subpoena requiring a person to appear and testify at a specific place and time or to produce designated documents must be made in writing to the Executive Director. All requests for subpoenas ad testificandum must clearly identify the person subpoenaed and, except for employees of the Government of the District of Columbia, be accompanied by a forty dollar ($40) per diem consisting of a certified check or money order payable to each person subpoenaed.

554.2 An application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, electronic records and other recordings, and other data compilations from which information may be obtained) at a specific time and place must be made in writing to the Executive Director.

554.3 An applicant for a subpoena must arrange for service. A subpoena may be served in either of two (2) ways:

(a) Personal service. Service of a subpoena may be made by any person who is not a party to the proceeding and who is at least eighteen (18) years of age. The person making such service must attest to the service of the subpoena in an affidavit. The attesting affidavit must state the date, time, and method of service.

(b) Service by certified mail. Service of a subpoena may be made by certified mail. If the subpoena is served by certified mail, the subpoena must be mailed to the address of the person or business entity to be served, at the person’s residence, principal office, or place of business. The return receipt will serve as proof of service of the document.

554.4 Any motion to limit or quash the subpoena must be filed no later than seven (7) days after service of the subpoena or on the date for compliance with the subpoena, whichever is earlier. The motion must set forth all assertions of privilege, burdensomeness, irrelevance, or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

554.5 In the case of contumacy or failure to obey a subpoena, the Board may request enforcement of the subpoena in the Superior Court of the District of Columbia pursuant to D.C. Official Code § 1-605.02(16) (2016 Repl.).

554.6 Board members and employees may not be subpoenaed.

554.7 When an employee of the District receives a subpoena to appear and testify or to produce designated documents, the employing agency must make the employee available to respond to the subpoena, pursuant to D.C. Official Code § 1-605.02(8). When responding to a subpoena, a witness will be on official duty status and must not be required to use leave.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 554

6-B DCMR § 555 MOTIONS

555.1 Motions must briefly state the relief sought and set forth with particularity the grounds for the motion. A motion, other than one made at a hearing, must be filed with the Board and meet the requirements of §§ 502 and 561.

555.2 Any response to a written motion must be in writing and filed no later than fourteen (14) days after service of the motion or no later than two (2) days after service in the case of a motion for an extension of time filed under § 501.2 or a motion to increase the page limit filed under § 502.3. The Executive Director may allow additional responses by the moving or responding party upon a request made no later than seven (7) days after service of a pleading.

555.3 The Executive Director may refer to a hearing examiner motions made before the issuance of a hearing examiner’s report and recommendations. Motions made during a hearing will be ruled on by the hearing examiner, except when the hearing examiner refers the matter to the Board.

555.4 All rulings on motions must be in writing, except that rulings made at a hearing may be stated orally on the record.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 555

6-B DCMR § 556 INTERLOCUTORY APPEALS

556.1 Unless authorized by the Board, interlocutory appeals to the Board from rulings by the Executive Director, a hearing examiner, or other Board agents are not permitted. The Board will consider objections to such rulings when it examines the record of the proceeding.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 556

6-B DCMR § 557 DISQUALIFICATION

557.1 A hearing examiner or Board member must withdraw from proceedings whenever that person has a conflict of interest.

557.2 When a party requests a hearing examiner to withdraw and the hearing examiner does not withdraw, the hearing examiner must state the reason for the decision on the record. The Board must consider the request when it examines the record of the proceeding.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 557

6-B DCMR § 558 MEDIATION AND SETTLEMENT OF DISPUTES

558.1 It is Board policy to encourage voluntary efforts of parties to settle disputes involving issues of representation, unfair labor practices, standards of conduct, or issues arising during negotiations.

558.2 Parties’ efforts at resolution and any settlements or adjustments reached must be consistent with the provisions, purposes, and policies of the CMPA.

558.3 No admissions or offers of settlement made during efforts toward resolution may be used in any proceeding as evidence or as an admission of a violation of any law or regulation.

558.4 Parties filing pleadings before the Board may be required to submit to the mediation program established by the Board. The Executive Director may schedule a disputed case for mediation or for a settlement conference.

558.5 The Executive Director will designate the mediator in each matter scheduled for mediation.

558.6 The parties must make a good faith effort in all mediations to resolve the issues in dispute. Party representatives at mediation proceedings must have settlement authority of the party.

558.7 Parties must inform the Executive Director when they have multiple pending cases that raise common issues. The Board encourages the resolution and consolidation of multiple cases for the purpose of mediation and other resolution.

558.8 If mediation does not resolve a dispute within a reasonable period of time, the Executive Director may terminate mediation and continue proceedings for resolution of the matter pursuant to these rules and the CMPA.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 59 DCR 9484 (August 10, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 558

6-B DCMR § 559 ISSUANCE AND RECONSIDERATION OF ORDERS

559.1 A decision and order of the Board is final upon service on the parties either through File & ServeXpress or as provided in § 502.10(a). The Board may reopen a case on its own motion within fourteen (14) days after issuance of the decision, unless the order specifies otherwise.

559.2 A party may file a motion for reconsideration of an order of the Board no later than fourteen (14) days after issuance of the order.

559.3 The Board will not entertain a motion to reconsider a ruling on a motion for reconsideration filed under § 559.2.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 559

6-B DCMR § 560 ENFORCEMENT

560.1 A prevailing party in a case may petition the Board to seek judicial process to enforce an order of the Board issued in the case if:

(a) The respondent in the case has failed to comply with the order;

(b) Neither a motion for reconsideration nor a request for judicial review is pending in the case; and

(c) No timely request for reconsideration or judicial review of the order remains available.

560.2 A party named as a respondent may file an answer to the petition no later than fourteen (14) days after service of the petition.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 560

6-B DCMR § 561 ELECTRONIC FILING

561.1 All pleadings, motions, memoranda of law, orders, or other documents to be filed in connection with a case must be filed electronically through File & ServeXpress, except for documents excluded by these rules, including §§ 502.5 and 502.10(a), or by order of the Executive Director.

561.2 Unless the Board orders otherwise, an original of a document filed electronically, including original signatures, must be maintained by the party filing the document and must be made available, upon reasonable notice, for inspection by another party or the Board.

561.3 Any pleading filed electronically is deemed filed with the Board at the time the transaction is completed. Any document filed with the Board before midnight Eastern Time is deemed filed with the Board on that date; however, for the purpose of computing time for any other party to respond, any document filed on a day or at a time when the Board is not open for business must be deemed to have been filed on the day and at the time of the next opening of the Board for business.

561.4 File & ServeXpress is the Board agent for the electronic filing, receipt, service, or retrieval of any pleading or document filed electronically. Upon filing and receipt of a document, File & ServeXpress issues a confirmation that the document has been received. The confirmation serves as proof that the document has been filed.

561.5 If the electronic filing is not filed with the Board because of: (1) an error in the transmission of the document to File & ServeXpress, which was unknown to the sending party; (2) File & ServeXpress’s failure to process the electronic filing upon receipt; or (3) other technical problems that the filer might experience, the Board or Executive Director may upon satisfactory proof file an order permitting the document to be filed nunc pro tunc on the date it was first attempted to be filed electronically.

561.6 Documents filed electronically must be formatted as an 8½-inch by 11-inch document with black print on a white background.

561.7 Every pleading, document, and instrument electronically filed must be deemed to have been signed by the representative or pro se party and must bear a facsimile or typographical signature of such person, along with the name, address, and telephone number. Typographical signatures must be styled “/s/ name” and must be treated as personal signatures for all purposes under these rules.

561.8 When cases are consolidated, all parties must file a notice of appearance in the designated lead case. A single filing in the lead case is deemed to be filed in all cases consolidated with it.

561.9 The Board may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of this section.

561.10 Documents may be filed under seal if leave is granted by the Executive Director upon motion of a party. Redacted copies of documents filed under seal may be filed and served electronically. Documents filed under seal containing confidential information may be filed conventionally (in physical form) or as a sealed electronic document.

History

• SOURCE: Final Rulemaking published at 59 DCR 2460 (March 30, 2012); as amended by Final Rulemaking published at 59 DCR 4220 (May 4, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 561

6-B DCMR § 562 RESERVED

561 – 565 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 563 RESERVED

561 – 565 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 564 RESERVED

561 – 565 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 565 RESERVED

561 – 565 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 566 LIST OF NEUTRALS

566.1 The Board must establish and maintain on its website a list of persons qualified to act as neutrals in resolving disputes. The list must specify, for each person, the capacities for which that person is qualified (for example, mediator, fact-finder, arbitrator, hearing examiner). Unless otherwise specified by these rules or by the parties’ mutual agreement, the selection of mediators, fact-finders, and arbitrators must be made in order from the list of neutrals maintained by the Board, assuming the availability of the selected neutral.

566.2 Nomination of a person to the list referred to in this section may be made by a member of the Board, the Executive Director, or any other person including the nominee, by writing to the Executive Director. A nomination must include the following information:

(a) The name, occupation, residence, business address, and telephone number of the nominee;

(b) A resume, which includes any relevant professional memberships; and

(c) A statement of any association the nominee has or had, other than as a neutral, with an agency or with a labor organization that represents or seeks to represent employees of the Government of the District of Columbia.

566.3 In making appointments to the list, the Board must consider such factors as experience and training, membership on other recognized mediation or arbitration panels, education, prior published awards, current advocacy in employment relations matters, potential conflicts of interest, letters of recommendations supporting the application, and any other relevant material supplied by the applicant or requested by the Board. Special consideration will be granted to applicants who are residents of the District of Columbia who meet the above qualifications.

566.4 Every person appointed to the list must file a fee schedule with the Board. An individual on the list who is selected to serve in a case as a mediator, fact finder or arbitrator, must not charge a fee greater than that listed in the fee schedule the individual has filed with the Board. A minimum of thirty (30) days prior written notice must be given to the Board of changes in fee schedules.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 566

6-B DCMR § 567 AMENDMENTS TO RULES

567.1 Whenever the Board deems amendment of these rules to be in the public interest, it must give notice of the proposed amendments in accordance with the requirements in the District of Columbia Administrative Procedure Act, D.C. Official Code § 2-505. Copies of the proposed amendments must be posted as appropriate and published in the D.C. Register.

567.2 Any interested person may petition the Board in writing for amendments to any portion of the rules and may provide specific proposed language together with a statement of grounds in support of the amendments.

567.3 Any person desiring to comment on a proposed amendment may do so within the time specified by the Board in the notice of the proposed amendment published in the D.C. Register. Comments must be in writing unless otherwise stated in the notice.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 567

6-B DCMR § 568 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 569 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 570 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 571 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 572 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 573 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 574 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 575 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 576 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 577 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 578 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 579 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 580 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 581 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 582 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 583 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 584 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 585 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 586 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 587 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 588 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 589 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 590 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 591 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 592 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 593 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 594 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 595 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 596 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 597 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 598 RESERVED

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

6-B DCMR § 599 DEFINITIONS

599.1 As used in this chapter, the following terms and phrases must have the meanings ascribed:

Agency - Any unit of the Government of the District of Columbia required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term “agency” must also include any unit of the Government of the District of Columbia created by the reorganization of one or more of the units of an agency and any unit of the Government of the District of Columbia created or organized by the Council of the District of Columbia as an agency. The term “agency” does not include the Council of the District of Columbia.

CMPA - the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 to 1-636.03 (2016 Repl.)).

Days - Calendar days, unless otherwise specified.

Board - The District of Columbia Public Employee Relations Board.

Impasse - The point in collective bargaining negotiations at which no further progress can be made by the parties without the intervention of a neutral third party, except as otherwise defined by the CMPA for compensation bargaining.

Party - A person, employee, organization, agency, or agency subdivision initiating a proceeding authorized by these rules or named as a participant in a proceeding or whose intervention in a proceeding has been granted or directed under the authority of the Board.

Pleading - A complaint, petition, appeal, notice of impasse, request for review or resolution, motion, exceptions, briefs, or a response to one of the foregoing.

Pro se party - A party who is neither represented by legal counsel nor represented in proceedings before the Board by a representative from a labor organization.

Showing of Interest - Documents offered to the Board to establish that a percentage (as defined by these rules) of employees in a proposed or existing bargaining unit desires representation by a petitioner seeking exclusive recognition or by another labor organization seeking to intervene in a representation proceeding, or that the unit employees no longer desire representation by a labor organization.

History

• SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 599

6-B6 RULES AND REGULATIONS OF THE OFFICE OF EMPLOYEE APPEALS

6-B DCMR § 600 GENERAL

600.1 The Office of Employee Appeals (Office) is an independent administrative adjudicatory agency created by the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-606.01 et seq.) (2016 Repl. & 2019 Supp.). The jurisdiction of the Office is set forth in Rule 604.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by a Notice of Final Rulemaking published at 59 DCR 2129 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 600

6-B DCMR § 601 ORGANIZATIONAL STRUCTURE

601.1 The Board of the Office (Board) is composed of five (5) members appointed by the Mayor and confirmed by the District of Columbia Council. Three (3) members of the Board shall constitute a quorum for the transaction of official business and the issuance of rules and regulations.

601.2 The Mayor designates a Chairperson of the Board to serve as the Chief Executive of the Office.

601.3 The Mayor designates a Vice Chairperson of the Board. In the absence or disability of the Chairperson, or when the position of Chairperson is vacant, the Vice Chairperson performs the functions vested in the Chairperson.

601.4 The Executive Director is the administrator of the Office and serves as its chief personnel officer.

601.5 The General Counsel, with the assistance of the Deputy General Counsel, provides legal advice to the Board and the Office, prepares opinions and orders as directed by the Board, assists in the enforcement of orders pursuant to law, and represents the Office before the Courts.

601.6 Administrative Judges, subject to the provisions of this chapter, adjudicate and mediate appeals filed before the Office.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 601

6-B DCMR § 602 SCOPE OF RULES

602.1 These rules govern the procedure for deciding cases filed before the Office. These rules shall be applied to promote justice, fairness, and economy.

602.2 These rules shall apply to all appeals filed on or after the effective date of these rules and to all appeals then pending final disposition in the Office.

602.3 The Board may revoke or amend a rule as it applies generally to all cases in accordance with applicable procedures of the District of Columbia Administrative Procedure Act. The Board or an Administrative Judge may waive a rule in an individual case for good cause shown, if application of the rule is not required by statute.

602.4 In the event of a conflict between these rules and a provision of a statute, the statutory provision shall govern. In the event of a conflict between these rules and rules or regulations adopted by another District agency, department, office or board, these rules shall govern.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2130 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 602

6-B DCMR § 603 COMPUTATION OF TIME

603.1 In computing the number of days allowed for complying with any deadline as instructed by an Administrative Judge, the first day counted is the day after the event from which the time period begins to run. If the last day of the time period is a Saturday, Sunday, or legal holiday, the period shall be extended to the end of the next business day.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2130 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 603

6-B DCMR § 604 JURISDICTION

604.1 Except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)) or § 604.3, any District of Columbia government employee may appeal a final agency decision affecting:

A performance rating which results in removal of the employee;

An adverse action for cause which results in removal;

A reduction in grade;

A suspension for ten (10) days or more;

(e) A reduction-in-force; or

(f) A placement on enforced leave for ten (10) days or more.

604.2 An appeal filed pursuant to § 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3 In accordance with § 2 of the Medical Marijuana Program Patient Employment Protection Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code §§ 1-606.03a and 1–615.03a), an employee has the right to appeal the designation of the employee’s position as safety-sensitive under the following circumstances:

The employee is in a position designated as safety sensitive;

Within forty-five (45) business days after the employee receives the notification of rights;

Within forty-five (45) business days after an employee becomes a qualifying patient; or

Within forty-five (45) business days after the employee receives notice that the employee’s position will be newly designated as safety sensitive.

604.4 An appeal filed pursuant to § 604.3 must be filed within thirty (30) calendar days after issuance of the personnel authority’s determination.

604.5 An employee may not file an appeal in accordance with § 604.3 solely because:

The employee failed a job-related drug test; or

The employee is facing an adverse action related to the employee’s failure to pass a job-related drug test.

604.6 An employee may not file an appeal in accordance with § 604.3 if the position is subject to random drug testing under federal law or as a condition of federal funding.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2130 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 604

6-B DCMR § 605 NOTICE OF APPEAL RIGHTS

605.1 When an agency issues a final decision to an employee on a matter appealable to the Office pursuant to §604.1, the agency shall at the same time provide the employee with a written copy of the following:

(a) The Employee’s right to appeal to the Office;

(b) The rules of the Office;

(c) The appeal form of the Office;

(d) The current address of the Office;

(e) Notice of applicable rights to appeal under a negotiated review procedure (if applicable); and

(f) Notice of the right to representation by a lawyer or other representative authorized by the rules.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2131 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 605

6-B DCMR § 606 ARBITRATION

606.1 Apart from any rights under a collective bargaining agreement, the parties may agree to arbitrate a dispute rather than have the Office adjudicate it.

606.2 An agreement to arbitrate must be reached within thirty (30) business days of the date that the employee files a petition for appeal with the Office. If the parties fail to reach an agreement to arbitrate within this period, the Office shall proceed to adjudicate the matter.

606.3 Within ten (10) business days of the date that the parties submit a written agreement to arbitrate their dispute, the Office shall dismiss the appeal and forward the matter to the American Arbitration Association pursuant to D.C. Code § 1-606.7.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 607 MEDIATION AND CONCILIATION PROGRAM

607.1 The Office shall exert every possible effort to resolve matters by mediation and conciliation, to the extent possible, rather than through litigation.

607.2 The Executive Director shall designate a Senior Administrative Judge to implement the mediation and conciliation program of the Office.

607.3 The Senior Administrative Judge responsible for mediation and conciliation shall review the appeals pending in the Office and assign cases where there is a reasonable likelihood of settlement to the mediation and conciliation docket.

607.4 Any party may file a request for mediation and conciliation with the Office which, upon the consent of all parties, shall place the matter on the mediation and conciliation docket.

607.5 The Senior Administrative Judge responsible for mediation and conciliation shall assign the matter to a mediator who shall promptly convene a conference for the purpose of attempting to reach a voluntary resolution of the appeal. The Administrative Judge assigned to an appeal may not serve as mediator on that appeal. A mediator may not be called as a witness in any proceeding concerning matters raised in a case to which he or she is assigned to attempt mediation or conciliation.

607.6 The employee and his or her representative shall attend the conference. A representative of the agency with authority to approve a settlement by the agency shall either attend the conference or be available by telephone at the time set for and throughout the conference. The parties shall engage in good-faith discussion to resolve the matter.

607.7 If the mediator finds that a party has failed to engage in settlement discussions in good faith (including a failure to have available a representative with authority to settle), the mediator shall submit such a finding to the Senior Administrative Judge supervising the mediation and conciliation docket, who may enter such sanctions against the party as may be appropriate to further the objectives of the mediation and conciliation program.

607.8 The discussions at the conference and the offers of the parties shall be confidential and may not be offered or received into evidence or otherwise disclosed in subsequent adjudication or litigation.

607.9 Upon the failure of the parties to reach settlement through mediation and conciliation, the Senior Administrative Judge shall refer the matter to the assigned Administrative Judge for adjudication.

607.10 If the parties reach settlement, the matter shall be dismissed in accordance with D.C. Code § 1-606.6(b).

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 608 FILING REQUIREMENTS

608.1 An employee shall initiate an appeal by filing a petition for appeal with the Office.

608.2 The Office shall promptly send a copy of the petition for appeal to the agency, and the agency shall file an answer within thirty (30) calendar days of the service of the petition for appeal.

608.3 The date of filing shall be determined by the date of receipt by the Office.

608.4 Filing of a petition for appeal and a petition for review must be made by personal delivery at the Office between 9:00 A.M. and 4:30 P.M., Monday through Friday, or by mail addressed to the Office.

608.5 The employee must file with the Office one (1) original and two (2) copies of the petition for appeal (including the documents required by Rule 609).

608.6 Filing of pleadings and documents, other than a petition for appeal, or a petition for review filed pursuant to Rule 634, may be made as prescribed in Rule 608.4, or by facsimile transmission during normal business hours.

608.7 The parties shall serve on each other one copy of each document filed with the Office other than the petition for appeal. A party may effect such service by mailing or by personally delivering to each other party a copy of the document submitted to the Office. Each document must be accompanied by a certificate of service specifying how, when, and on whom service was made.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 609 CONTENT OF PETITION FOR APPEAL

609.1 A petition for appeal may be filed on a form approved by the Office.

609.2 A petition for appeal made without use of the form of the Office shall be in writing and contain the following information:

(a) The name of the employee and the name of the agency which took the action;

(b) The type and the effective date of the action taken by the agency;

(c) The name, address, and telephone number of the employee's representative, if any;

(d) The employee's address and telephone number;

(e) A copy of the agency's notice of final decision;

(f) A statement as to whether the employee or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;

(g) The identity of the collective bargaining unit (if any) of which employee is a member; and

(h) The signature of the employee and his or her representative, if any.

609.3 Along with the petition for appeal, the employee shall also submit the following information:

(a) A statement as to whether the employee requests an evidentiary hearing or oral argument;

(b) A concise statement of the facts giving rise to the appeal;

(c) An explanation as to why the employee believes the agency's action was unwarranted; and

(d) A statement of the specific relief the employee is requesting.

609.4 The Office shall not consider the filing of a petition for appeal complete until the employee provides all the information required under Rule 609.2 and 609.3.

609.5 An employee's failure to include a complete address, or to advise the Office of a change in address, shall constitute a waiver of any right to notice and service, and may result in the appeal being dismissed.

609.6 The Administrative Judge may allow an employee to amend the appeal unless the Administrative Judge determines that to do so would prejudice the rights of another party or unduly delay the proceedings.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 610 ANSWER

610.1 An agency's answer in which the allegations of a petition are contested shall contain the following:

(a) The name of the employee and the agency which took the action;

(b) The OEA matter number assigned to the appeal;

(c) A statement of the appealed action the agency took against the employee and the reason(s) therefor;

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in employee's petition that the agency does not specifically explain or deny in the answer;

(e) All documents contained in the agency record of the proceeding;

(f) A request for an evidentiary hearing or oral argument, if desired; and

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

610.2 If the agency elects not to contest the allegations of fact set forth in the petition, the answer shall consist of a statement that the agency admits all of the material allegations to be true. Such an answer shall constitute a waiver of the right to present evidence or testimony contradicting the admitted facts. However, the right to further participation in the proceedings shall continue and questions of law may be addressed.

610.3 Failure by the agency to file an answer within the time limit set forth in Rule 608.2 shall constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 611 MOTIONS

611.1 Except where the Administrative Judge permits an oral motion hearing, motions shall be written, filed with the Office, and served upon the parties in accordance with Rule 608.7.

611.2 Motions shall state the particular order, ruling, or action requested and the grounds and authority therefor.

611.3 No later than ten (10) calendar days after the service of a motion, or within such time as the Administrative Judge may direct for good cause shown, the opposing party may serve and file an answer to the motion. The moving party shall have no right to reply, except as permitted by the Administrative Judge. No oral argument will be heard on motions unless the Administrative Judge directs otherwise. Written briefs may be filed with motions and with answers thereto.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 612 CONSOLIDATION AND JOINDER

612.1 If an employee has two or more appeals pending before the Office, the Administrative Judge may consolidate the appeals and adjudicate them as one action.

612.2 If two or more employees have appeals involving similar or identical issues pending before the Office, the Administrative Judge may join the appeals for adjudication as one action.

612.3 The Administrative Judge may consolidate or join appeals on his or her own motion, or on the motion of a party, if to do so would:

(a) Expedite processing of the cases; and

(b) Not adversely affect the interests of the parties.

612.4 At any time and on such terms as are just, the Administrative Judge may sever appeals consolidated or joined under these rules and proceed with each appeal separately.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 613 REPRESENTATION

613.1 In any proceeding before the Office, the employee may appear on his or her own behalf, through an attorney, through a union representative or through any other competent individual.

613.2 The agency may appear before the Office only through counsel or an individual acting in a representative capacity. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

613.3 Except where the agency director is the agency representative, no person may participate in a representative capacity before the Office until:

(a) The party submits a signed written statement authorizing such representation; and

(b) The representative submits a signed written statement which contains his or her name, address and telephone number, and which certifies that he or she is available and willing to represent the party's interest.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 614 INTERVENTION

614.1 Any person or District of Columbia government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time in which to respond, the Administrative Judge may permit the movant to intervene if the movant has an interest that may be affected by the final disposition of the case and the movant's:

(a) Interest will not be represented by the existing parties;

(b) Participation may reasonably be expected to assist in the development of a proper record; and

(c) Participation will not broaden the issues, resulting in prejudicial delay of the proceeding.

614.2 An intervener shall be considered a full party to the proceedings and shall have the same rights and duties as a party, except that the intervener:

(a) Shall not have an independent right to a hearing;

(b) May participate only on the issues affecting them as determined by the Administrative Judge; and

(c) Shall have no right to an award of attorney fees under Rule 635.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 615 SUBSTITUTION

615.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon motion, may order substitution of the proper parties. A motion for substitution shall be made within ninety (90) calendar days after the death of the employee.

615.2 If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

615.3 When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

(b) Order the substitution of the successor agency; or

(c) Join the successor agency with the original agency.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 616 SUMMARY DISPOSITION

616.1 If, upon examination of the record in an appeal, it appears to the Administrative Judge that there are no material and genuine issues of fact, that a party is entitled to a decision as a matter of law, or that the appeal fails to state a claim upon which relief can be granted, the Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings.

616.2 An Administrative Judge may render a summary disposition either sua sponte, after notice under Rule 616.1, or upon motion of a party.

616.3 An order granting summary disposition shall conform to the requirements for initial decisions set forth in Rule 632.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 617 INTERLOCUTORY APPEALS

617.1 An interlocutory appeal is an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding. The Administrative Judge may permit this appeal if he or she determines that the issue presented is of such importance to the proceeding that it requires immediate consideration by the Board. The Board shall make a decision on the issue and the Administrative Judge shall proceed in accordance with that decision.

617.2 A party seeking review by interlocutory appeal must file a motion for certification within five (5) business days of service of the Administrative Judge's determination. The motion shall include arguments in support of both the certification and the determination to be made by the Board.

617.3 The Administrative Judge shall grant or deny a motion for certification. If certification is granted, the record shall be referred to the Board.

617.4 At the discretion of the Administrative Judge, the proceeding may be stayed during the time an interlocutory appeal is pending. The Board may stay a proceeding during the time an interlocutory appeal is pending.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 618 DISCOVERY

618.1 Parties may obtain discovery by one (1) or more of the following methods:

(a) Depositions upon oral examination or written questions;

(b) Written interrogatories;

(c) Requests for production of documents or things for inspection and other purposes; and

(d) Requests for admission.

618.2 Unless the Administrative Judge orders otherwise, these methods may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

618.3 Unless the Administrative Judge directs otherwise, the parties may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending appeal. Such information may include the existence, description, nature, custody, condition and location of books, documents, or other tangible things and the identity and location of persons having any knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at an evidentiary hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

618.4 The Administrative Judge may limit the frequency or use of discovery if:

(a) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(b) The party seeking discovery has had ample opportunity by discovery in the appeal to obtain the information sought; or

(c) The discovery is unduly burdensome or expensive, in light of the nature of the case, the relief sought, the limitations on the parties' resources, and the importance of the issues involved in the case.

618.5 The Administrative Judge may deny discovery or make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense, or to prevent undue delay in the proceeding.

618.6 Discovery may be commenced after the Office notifies the agency that the employee has filed the petition. Unless the Administrative Judge directs otherwise, discovery shall be completed by the date of the pre-hearing conference.

618.7 Discovery matters before the Office are intended to be of a simplified nature. Discovery procedures shall be established by the Administrative Judge as appropriate under the circumstances. Further guidance, however, may be obtained by referring to the District of Columbia Superior Court Rules of Civil Procedure. Such rules should be interpreted as instructive rather than controlling.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 619 SUBPOENAS

619.1 Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Administrative Judge. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and his or her address and shall be supported by a showing of the relevance and materiality of the testimony sought.

619.2 Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, phone records and other recordings, and other data compilations from which information can be obtained) at a specific time and place shall be made in writing to the Administrative Judge. All requests for subpoenas duces tecum shall specify with reasonable particularity the information sought, the facts expected to be established thereby, and how these facts are relevant and material.

619.3 An applicant for a subpoena shall arrange for service; except for good cause shown, service shall be completed no later than 10 calendar days before the date of the requested testimony or production.

619.4 Personal service of a subpoena may be made by any person, not a party, who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.

619.5 Any motion by the subject of a subpoena to limit or quash the subpoena shall be filed within three (3) calendar days of the time for compliance therewith. Such motions shall set forth all assertions of privilege or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

619.6 In the case of contumacy or failure to obey a subpoena issued, the Office, pursuant to D.C. Code § 1-606.2(a)(4), may request enforcement of the subpoena in the Superior Court of the District of Columbia.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 620 ADMINISTRATIVE JUDGES

620.1 Proceedings shall be presided over by an Administrative Judge appointed by the Office.

620.2 Administrative Judges shall conduct hearing fairly and impartially, take all necessary action to avoid delay in the disposition of proceedings, and maintain order. They shall have all powers necessary to that end including, but not limited to, the power to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas and protective orders;

(c) Rule upon motions;

(d) Compel discovery;

(e) Regulate the course of the proceeding, require an evidentiary hearing, if appropriate, fix the time and place of such evidentiary hearing, and exclude persons from such evidentiary hearings for contumacious conduct;

(f) Call and examine witnesses and admit to the record documentary or other evidence;

(g) Dismiss cases based on a settlement agreement reached by the parties; and

(h) Take other appropriate action authorized by statute, these rules, or the Board.

620.3 If a new Administrative Judge is substituted for the one originally assigned, a motion predicated upon such substitution shall be made no later than seven (7) calendar days after the Office notifies the parties of the reassignment. Failure to make such motion within this time period shall constitute a waiver of the right to object to the substitution.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 621 DISQUALIFICATION OF ADMINISTRATIVE JUDGE

621.1 If an Administrative Judge deems himself or herself disqualified to preside in a particular case, he or she shall withdraw therefrom by notice, on the record, and shall notify the Executive Director of such withdrawal.

621.2 At any time following the assignment of the appeal to an Administrative Judge, and before issuance of an initial decision in the matter under Rule 632, a party may request the Administrative Judge to disqualify himself or herself on the grounds of personal bias or other disqualification, by serving and filing a motion promptly upon the discovery of the alleged facts, with an affidavit setting forth, in detail, the matters alleged to constitute grounds for disqualification.

621.3 If, in the opinion of the Administrative Judge, the affidavit is sufficient on its face, the Administrative Judge shall disqualify and remove himself or herself from the case. If the Administrative Judge does not disqualify himself or herself, the Administrative Judge shall issue a written order to that effect stating the grounds for the ruling.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 622 SANCTIONS

622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section.

622.2 If a party fails to comply with an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Administrative Judge may, for example:

(a) Draw an inference adverse to the party who failed to comply;

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;

(c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

622.3 If a party fails to take reasonable steps to prosecute or defend an appeal, the Administrative Judge, in the exercise of sound discretion, may dismiss the action or rule for the appellant. Failure of a party to prosecute or defend an appeal includes, but is not limited to, a failure to:

(a) Appear at a scheduled proceeding after receiving notice;

(b) Submit required documents after being provided with a deadline for such submission; or

(c) Inform this Office of a change of address which results in correspondence being returned.

622.4 The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 623 EX PARTE COMMUNICATIONS

623.1 Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate.

623.2 An ex parte communication which involves the merits of the case is prohibited.

623.3 In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her.

623.4 When an Administrative Judge determines that a party has initiated a prohibited ex-parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 624 PRE-HEARING CONFERENCES

624.1 The Administrative Judge may convene a pre-hearing conference to consider:

(a) Simplification, clarification, compromise, or settlement of the issues;

(b) Necessity and desirability of amendments to the pleadings;

(c) Stipulations, admissions of fact, and the contents, admissibility, and authenticity of documents;

(d) Whether the Administrative Judge will order an evidentiary hearing to expedite the presentation of evidence, including, but not limited to, restricting the number of witnesses;

(e) A statement of the issues; and

(f) Such other matters as may aid in the orderly disposition of the proceeding, including disclosure of the names of witnesses and furnishing, for inspection or copying, non-privileged documents, papers, books, or other physical exhibits, which constitute or contain evidence relevant to the subject matter involved and which are in the possession, custody, or control of any party to the proceeding.

624.2 A pre-hearing conference, in the discretion of the Administrative Judge, may be recorded verbatim.

624.3 After such pre-hearing conference, the Administrative Judge may issue an order that identifies the legal and factual issues in the appeal. Unless modified, such order shall control the subsequent course of the proceeding.

624.4 Failure to appear at the pre-hearing conference without good cause and after adequate notice shall constitute, in addition to grounds for sanctions, a waiver by that party of any right to object to the characterization of the issues as set forth in the post pre-hearing order.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 625 EVIDENTIARY HEARINGS

625.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading.

625.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes his or her own determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for such hearing and the issues to be addressed. The Administrative Judge shall give due regard to the availability of the parties or their authorized representative(s) in designating the time and place of the evidentiary hearing.

625.3 Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing.

625.4 Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions.

625.5 Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part thereof closed, where a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 626 RECORDING AND TRANSCRIPTS

626.1 Evidentiary hearings shall be recorded verbatim under the supervision of the Administrative Judge and shall be the sole official record of the proceeding.

626.2 A transcript or, if the record was not transcribed, a copy of the recording may be obtained by the parties upon request.

626.3 The Office will provide one (1) copy of the transcript or recording to each party or, if the party is represented, to the representative at no cost. Any additional copies of the record shall be at the expense of the requesting party.

626.4 A party may request correction to the official transcript by written motion. A motion for correction shall be submitted within ten (10) calendar days of receipt of the transcript.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 627 PRESENTATION OF EVIDENCE OR WITNESSES

627.1 All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious.

627.2 During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross-examination.

627.3 Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

627.4 The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties.

627.5 The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

627.6 All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

627.7 Whenever evidence is excluded by the Administrative Judge, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 628 WITNESSES

628.1 Every person shall be competent to be a witness as to any material matter unless the Administrative Judge finds that the proposed witness is incapable of:

(a) Expressing himself or herself concerning the matter so as to be understood by the Administrative Judge either directly or through interpretation by one who can understand the witness; or

(b) Understanding the duty of a witness to tell the truth.

628.2 Each District of Columbia government agency shall make its employees available to furnish sworn statements or affirmation or to appear as witnesses at depositions and hearings when requested by the Administrative Judge. When providing such statements or testimony, witnesses shall be on official duty status.

628.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party.

628.4 Witnesses shall have the right to representation when testifying.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 629 BURDEN OF PROOF

629.1 The burden of proof with regard to material issues of fact shall be by a preponderance of the evidence. "Preponderance of the evidence" shall mean:

That degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

629.2 The employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing.

629.3 For appeals filed on or after October 21, 1998, the agency shall have the burden of proof, except for issues of jurisdiction.

629.4 For appeals filed before October 21, 1998, the agency, except for issues of jurisdiction, shall have the burden of proof in appeals filed pursuant to D.C. Code § 1-617.1 (1992 repl.) and the employee shall have the burden of proof in all other appeals.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 630 CLOSING THE RECORD

630.1 When an evidentiary hearing has been provided, the record shall be closed at the conclusion of the hearing, unless the Administrative Judge directs otherwise. When no evidentiary hearing has been provided, the record shall be closed on the date set by the Administrative Judge as the final date for the receipt of submissions from the parties.

630.2 Once the record is closed, no additional evidence or argument shall be accepted into the record unless the Administrative Judge reopens the record pursuant to Rule 631.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 631 REOPENING THE RECORD; TERMINATION OF JURISDICTION

631.1 The Administrative Judge may reopen the record to receive further evidence or argument at any time prior to the issuance of the initial decision.

631.2 The jurisdiction of an Administrative Judge terminates upon issuance of the initial decision. However, the Administrative Judge shall retain jurisdiction over the appeal to the limited extent necessary to correct the record or transcript, rule on a request by the employee for attorney fees, and process any petition for enforcement.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 632 INITIAL DECISION

632.1 The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than 120 business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

632.2 The Administrative Judge may, at the conclusion of an evidentiary hearing, render an oral decision, in which case an initial decision in writing shall be issued within thirty (30) days.

632.3 Each initial decision shall contain:

(a) Findings of fact and conclusions of law, as well as the reasons or bases therefor, upon all the material issues of fact and law presented on the record;

(b) An order as to the final disposition of the case, including appropriate relief if granted;

(c) The date upon which the decision will become final; and

(d) A statement of the right to seek further administrative remedy, including the right to petition for review.

632.4 Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was harmless. "Harmless error" shall mean:

Error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action.

632.5 The Office shall serve a copy of the initial decision on each party to the proceeding.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 633 FINALITY OF DECISION

633.1 The initial decision shall become final thirty-five (35) calendar days after issuance.

633.2 The initial decision shall not become final if any party files a petition for review or if the Board reopens the case on its own motion within thirty-five (35) calendar days after issuance of the initial decision.

633.3 If the Board denies all petitions for review, the initial decision shall become final five (5) business days after issuance of the last denial.

633.4 If the Board grants a petition for review or reopens a case, the subsequent decision of the Board shall be the final decision.

633.5 Administrative remedies shall be considered exhausted when a decision becomes final in accordance with this section.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 634 PETITIONS FOR REVIEW

634.1 Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision.

634.2 Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer.

634.3 The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy;

(c) The findings of the Administrative Judge are not based on substantial evidence; or

(d) The initial decision did not address all material issues of law and fact properly raised in the appeal.

634.4 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

634.5 The Board may review an initial decision on its own motion within thirty-five (35) days of issuance of the initial decision.

634.6 The Board may order oral argument on its own motion or on motion filed by any party.

634.7 The Board may affirm, reverse, remand, modify or vacate the initial decision, in whole or in part. Where appropriate, the Board shall issue a final decision and order a date for compliance.

634.8 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order.

634.9 An employee or agency may appeal a final decision in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 635 ATTORNEY FEES

635.1 An employee shall be entitled to an award of reasonable attorney fees if:

(a) He or she is a prevailing party; and

(b) The award is warranted in the interest of justice.

635.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the initial decision becomes final.

635.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

635.4 The Board each year may approve standard hourly rates for fees for attorneys who practice before the Office.

635.5 An agency may file a written opposition to the employee's motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee's request for attorney fees with particularity and clarity.

635.6 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).

6-B DCMR § 636 FINALITY OF DECISIONS FOR SAFETY-SENSITIVE DESIGNATION APPEALS

636.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.3.

636.2 An Initial Decision concerning a safety-sensitive designation shall become final fifteen (15) business days after issuance, unless a Petition for Review is filed in accordance with § 638.

636.3 If the Board denies the Petition for Review, the Initial Decision shall become final upon the issuance of the last denial.

636.4 If the Board grants a Petition for Review, the subsequent designation decision shall be the final designation decision of the Office unless the decision states otherwise.

636.5 Final designation decisions shall be published in accordance with the rules and regulations of the Office and shall be published on the Office’s website.

636.6 In accordance with D.C. Official Code § 1-606.03a(e), a final designation decision is not subject to judicial review.

History

• SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 636

6-B DCMR § 637 PETITIONS FOR REVIEW

637.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.1. Petitions for Review in appeals filed pursuant to § 604.3 shall be subject to the requirements of § 638.

637.2 Any party to the proceeding may serve and file one (1) original and one (1) copy of a Petition for Review of an Initial Decision with the Board within thirty-five (35) calendar days of issuance of the Initial Decision.

637.3 Any party may file an answer within thirty-five (35) calendar days after the filing of the Petition for Review.

637.4 The Petition for Review shall set forth objections to the Initial Decision supported by reference to the record. The Board may grant a Petition for Review when the petition establishes that:

New and material evidence is available that, despite due diligence, was not available when the record closed;

The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation, or policy;

The findings of the Administrative Judge are not based on substantial evidence; or

The Initial Decision did not address all material issues of law and fact properly raised in the appeal.

637.5 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

637.6 The Board may review an Initial Decision on its own motion within thirty-five (35) calendar days of issuance of the Initial Decision.

637.7 The Board may order oral argument on its own motion or on motion filed by any party.

637.8 In its discretion, the Board may grant a motion to expedite a Petition for Review. The motion must be approved by at least three (3) members of the Board.

637.9 The Board may affirm, reverse, remand, modify, or vacate the Initial Decision, in whole or in part.

637.10 The Board's decision on whether to grant or deny a Petition for Review shall be by public vote. The Board's final decision shall be the written opinion and order.

637.11 An employee or agency may appeal a final decision to the District of Columbia Superior Court in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)).

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 637

6-B DCMR § 638 PETITIONS FOR REVIEW FOR SAFETY-SENSITIVE DESIGNATION APPEALS

638.1 This section shall apply to Petitions for Review in appeals filed pursuant to § 604.3.

638.2 Any party to the proceeding may serve and file a Petition for Review of an initial designation decision with the Board within fifteen (15) business days of issuance of the initial designation decision.

638.3 The responding party may file an answer to the Petition for Review within fifteen (15) business days after the petition for review is filed.

638.4 The Petition for Review shall set forth objections to the initial designation decision supported by reference to the record.

638.5 The Board shall issue a final designation decision within sixty (60) business days.

638.6 The Board may affirm, reverse, remand, or modify the initial designation decision, in whole or in part.

638.7 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the final decision of the Board shall be the written opinion and order.

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 638

6-B DCMR § 639 ATTORNEY FEES

639.1 An employee shall be entitled to an award of reasonable attorney fees if:

(a) The employee is a prevailing party; and

(b) The award is warranted in the interest of justice.

639.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the Initial Decision becomes final.

639.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

639.4 An agency may file a written opposition to the employee’s motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee’s request for attorney fees with particularity and clarity.

639.5 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the Initial Decision.

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 639

6-B DCMR § 640 COMPLIANCE AND ENFORCEMENT

640.1 For appeals filed pursuant to § 604.1, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final unless the Office's final decision is appealed to the Superior Court of the District of Columbia.

640.2 For appeals filed pursuant to § 604.3, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final.

640.3 If any agency fails to comply with the final decision of the Office within the time period specified in this section, the employee may file a motion to enforce the final decision. The motion shall be directed to the Administrative Judge who decided the appeal.

640.4 An agency must file an answer within twenty (20) calendar days of receipt of the employee's motion.

640.5 The employee, with specificity, shall explain in the motion how the agency has failed to comply with the Office's decision. The agency shall include in its answer a statement which admits or denies each allegation in the employee's motion.

640.6 The parties shall serve the motion and answer on each other.

640.7 Failure by the agency to file an answer to the motion for enforcement shall be construed as an admission of the employee's allegations.

640.8 The Administrative Judge shall take all necessary action to determine whether the final decision is being complied with and shall issue a written opinion on the matter.

640.9 The Administrative Judge may, for good cause shown, allow the agency additional time to submit proof of compliance with the Initial Decision.

640.10 If the Administrative Judge determines that the agency has not complied with the final decision, the Administrative Judge shall certify the matter to the General Counsel. The General Counsel shall order the agency to comply with the Office's final decision in accordance with D.C. Official Code § 1-606.02.

640.11 No additional filings are permitted once the General Counsel certifies the final decision.

640.12 If the agency fails to comply with the order, the General Counsel may take all necessary action to secure compliance with the order.

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 640

6-B DCMR § 641 RECUSAL OF BOARD MEMBERS

641.1 A Board member shall recuse themself from participating in any proceeding in which their impartiality may reasonably be questioned. Reasons for recusal include, but are not limited to:

A personal bias or prejudice concerning a party;

Personal knowledge of disputed facts concerning the Petition for Review;

The Board member has previously served as a lawyer or witness concerning the same appeal; or

A personal financial interest in the outcome of the proceeding.

641.2 The Board member shall notify the Chairperson of the recusal prior to discussion of the Petition for Review. The Board member will not be permitted to discuss the merits of the case and shall not participate in the vote to grant, deny, or remand the Petition for Review.

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 641

6-B DCMR § 699 DEFINITIONS

699.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings:

Administrative Judge - an attorney, licensed to practice law in the District of Columbia, who is authorized by the Office of Employee Appeals (OEA) to hear and adjudicate appeals.

Adverse action - any action taken in accordance with § 604.1.

Business hours - Monday through Friday from 9:00 a.m. until 5:00 p.m., except legal holidays.

Certificate of Service - a document certifying that a party has served copies of pleadings on the other parties.

Date of filing - the date OEA time stamps on the document.

Day - a calendar day, unless otherwise specified.

Ex Parte Communication - any oral or written communication between an Administrative Judge and a party to a legal proceeding, or any other person involved in the case, outside of the presence of the opposing party or the opposing party's attorney.

Final agency decision - a written document from a District agency which contains the cause of action taken by the District agency against an employee, the employee’s right to appeal to OEA, OEA’s rules, an OEA appeal form, notice of rights to appeal under a negotiated review procedure (if applicable), and notice of the right to representation by a lawyer or other representative authorized by these rules.

Harmless error – an error in the application of a District agency's procedures, which did not cause substantial harm or prejudice to the employee's rights, or significantly affect the agency's final decision to take the action.

Interlocutory appeal - an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding.

Mediation - a process in which the parties in a proceeding, with the assistance of a trained, impartial third person, discuss the dispute in order to reach a settlement.

Motion – an oral or written request that an Administrative Judge take a particular action concerning a proceeding.

Party - a person, agency, or intervenor, who is participating in a proceeding.

Personal identifying information - any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked, or can be reasonably linked, to a specific individual. Examples include, but are not limited to the following:

(a) Driver's license or driver's license number;

(b) Savings, checking, or other financial account number;

(c) Social security number or tax identification number;

(d) Passport or passport number;

(e) Citizenship status, visa, or alien registration card or number;

(f) Birth certificate or a facsimile of a birth certificate;

(g) Credit or debit card, or credit or debit card number;

(h) Credit history or credit rating;

(i) Personal identification number, electronic identification number, password, access code or device, electronic address, routing information or code, digital signature, or telecommunication identifying information;

(j) Biometric data, such as a fingerprint, voice print, retina or iris image, or other unique physical representation; and

(k) Any other information that can be used to access a person's financial resources, access medical information, obtain identification, act as identification, or obtain property.

Petition for Appeal - a request for review of an adverse action by an agency pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)).

Petition for Appeal of a Safety-sensitive Designation - a request for review of an agency action affecting an employee’s position designation as safety-sensitive in accordance with § 2 of the Medical Marijuana Program Patient Employment Protection Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code §§ 1-606.03a and 1–615.03a).

Petition for Review - a request for review of an Initial Decision of an Administrative Judge.

Pleading – a written submission setting out claims, allegations, arguments, or evidence. Pleadings include briefs, motions, petitions, attachments, and responses.

Preponderance of the evidence - the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.

Protective order - an order issued by an Administrative Judge which prevents the disclosure of sensitive information except to certain individuals under certain conditions.

Redaction - the process of editing, censoring, or obscuring part of a text for legal or security purposes.

Safety-sensitive position - a position with the District which has been designated as one in which it is reasonably foreseeable that, if the employee performs the position's routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.

Subpoena - a writ issued to compel testimony by a witness, or the production of documents.

Substantial evidence - the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even when other reasonable persons might disagree. This is a lower standard of proof than preponderance of the evidence.

History

• SOURCE: Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 699

6-B7 REPEALED

6-B DCMR § 700 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 700

6-B DCMR § 701 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 701

6-B DCMR § 702 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 702

6-B DCMR § 703 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 703

6-B DCMR § 704 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 704

6-B DCMR § 705 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 705

6-B DCMR § 706 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 706

6-B DCMR § 707 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 707

6-B DCMR § 708 REPEALED

History

• SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 708

6-B8 POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES EMPLOYEES

6-B DCMR § 800 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 59 DCR 5388 (July 13, 2012); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 800

6-B DCMR § 801 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 801

6-B DCMR § 802 RESERVED

History

• SOURCE: Final Rulemaking 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 55 DCR 7731 (July 18, 2008); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 802

6-B DCMR § 803 RESERVED

History

• SOURCE: Final Rulemaking published at 55 DCR 7731(July 18, 2008); as amended by Final Rulemaking at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 803

6-B DCMR § 804 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 804

6-B DCMR § 805 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 805

6-B DCMR § 806 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 806

6-B DCMR § 807 AGE REQUIREMENTS AND LIMITS

AGE REQUIREMENTS AND LIMITS

For initial appointment to a firefighter/EMT or firefighter/paramedic position in the Fire and Emergency Medical Services Department (FEMSD), an applicant shall have reached his or her nineteenth (19th) birthday as of the date of application. There shall be no maximum age limit for appointment to a firefighter/EMT or firefighter/paramedic position in the FEMSD, as long as the applicant is found qualified and successfully passes a medical examination and any other examinations, background investigations or tests required by the FEMSD of candidates for employment.

There shall be no age limit for reinstatement to a rank no higher than the rank last held by a former firefighter/EMT or firefighter/paramedic of the FEMSD, provided that the applicant for reinstatement meets the following requirements:

The applicant submits his or her request for reinstatement in writing to the Fire EMS Chief and the request is approved;

The applicant successfully passes a background investigation; and

The applicant is found to be qualified and successfully passes a medical examination and any other examinations or tests required by the FEMSD of any incumbent employee, except that no former member shall be required to take the entry-level written examination again.

For initial appointment with the Metropolitan Police Department (MPD) to a police private position, an applicant shall have reached his or her twenty-first (21st) birthday.

The Chief of Police may consider a uniformed member for reinstatement to the MPD to a rank no higher than the rank last held, after the former member meets the following requirements:

Submit his or her request for reinstatement in writing to the Police Chief and the request is approved;

Successfully passes a background investigation; and

Is found physically qualified based on successfully passing a medical examination and any other examinations or tests required by the MPD of an entry-level candidate; except that no former member shall be required to take the entry-level written examination again.

807.5 Consistent with D.C. Official Code §§ 2-1402.12(b), 5-109.01, and 5-418, it shall not be an unlawful discriminatory practice for the personnel authority to establish minimum and maximum age limits for appointment to police officer cadet or firefighter cadet positions.

History

• SOURCE: Final Rulemaking published at 32 DCR 1364 (March 8, 1985); as amended by Final Rulemaking published at 53 DCR 3248 (April 21, 2006); as amended by Final Rulemaking published at 54 DCR 9556 (October 5, 2007); as amended by Final Rulemaking published at 56 DCR 6162 (August 7, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 807

6-B DCMR § 808 CITIZENSHIP REQUIREMENTS

CITIZENSHIP REQUIREMENTS

Appointments to uniformed positions in the Metropolitan Police Department and Fire and Emergency Medical Services Department shall be limited to persons who are citizens of the United States.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 808

6-B DCMR § 809 RETURNING FROM DISABILITY (POLICE AND FIREFIGHTERS)

RETURNING FROM DISABILITY (POLICE AND FIREFIGHTERS)

809.1 An employee covered by § 228.1(c) who was retired by the Police and Firefighters’ Retirement and Relief Board (the Board), who has not reached the age of fifty (50) years, and who overcomes the disability for which he or she was retired may be eligible to return to full duty.

An employee who meets the criteria stated in § 809.1 shall apply to be returned to duty with the department from which he or she retired.

The employing department shall evaluate the applicant to determine whether he or she meets the current entrance requirements and is otherwise suitable for returning to duty.

If the employee meets the entrance requirements and is otherwise suitable for returning to duty, the department shall submit the application and its findings to the Board, which will determine whether the employee shall be returned to duty.

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 809

6-B DCMR § 810 PROBATION

810.1 Notwithstanding § 200.4, and except for § 225.3(a) and (c), the probationary rules at §§ 223 – 227 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency Medical Services Department (FEMS). Service credit toward the completion of the probationary period shall not be given for absences, except that consistent with § 225.3(b) and (d) service credit shall be given toward the completion of the probationary period for:

(a) Military duty; and

(b) Separations, suspensions, or furloughs that are subsequently reversed by a personnel authority, an administrative tribunal, or a court.

810.2 A person hired to serve as a uniformed member of MPD or FEMS shall serve a probationary period of one (1) year, except that the following individuals shall serve a probationary period of eighteen (18) months:

Individuals hired into entry-level police officer positions in MPD; and

Individuals hired into entry-level Firefighter/Emergency Medical Technician (FF/EMT) and entry-level Firefighter/Paramedic (FF/P) positions in FEMS.

810.3 Consistent with § 226.2, a permanent Career Service employee who applies for and is appointed from a register to a uniformed position with MPD or FEMS shall serve a new probationary period.

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 810

6-B DCMR § 811 EXTENDING PROBATION

811.1 The personnel authority shall extend the probationary period required by § 810.2 for:

Each workday that the employee is placed in a non-pay status for any reason;

Each workday an entry-level police officer, who is serving an eighteen (18) month probationary period, is not performing the full range of police duties of the position to which assigned, including periods of sick leave or non-contact status; and

Each workday that an entry-level Firefighter/Emergency Medical Technician (FF/EMT), Firefighter/Paramedic (FF/P), or Emergency Medical Technician is unable to perform the full range of duties of the position to which assigned, including periods of limited duty, sick leave, and non-contact status.

History

• SOURCE: Final Rulemaking published at 51 DCR 9706 (October 15, 2004); as amended by Final Rulemaking published at 59 DCR 8388 (July 12, 2012); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 811

6-B DCMR § 812 TERM AND TEMPORARY APPOINTMENTS

812.1 Notwithstanding § 200.4, and except for rules relating to the Educational Service, the term and temporary appointment rules at § 209 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency Medical Services Department (FEMS).

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 812

6-B DCMR § 813 RESERVED

History

• SOURCE: Final Rulemaking published at 49 DCR 6842 (July 19, 2002); as amended by Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 54 DCR 9556 (October 5, 2007); as amended by Final Rulemaking published at 55 DCR 7731(July 18, 2008); as amended by Final Rulemaking published at 59 DCR 8388 (July 13, 2012); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 813

6-B DCMR § 814 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 814

6-B DCMR § 815 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 815

6-B DCMR § 816 REINSTATEMENT ELIGIBILITY

816.1 Former uniformed members of the Fire and Emergency Medical Services Department and the Metropolitan Police Department shall have reinstatement eligibility provided they meet all of the following requirements:

The former member previously completed probation for the position to which they are being reinstated;

The Department did not terminate the former member for cause;

The person either resigned voluntarily or was laid off due to a reduction in force and was not the subject of any civil, administrative, personnel, or criminal proceeding at the time of separation or subsequently;

The former member meets the requirements of §§ 807.2 and 807.4, as applicable; and

The respective Chief, General Counsel, and heat of the human resources office approves the reinstatement.

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 816

6-B DCMR § 817 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 817

6-B DCMR § 818 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 818

6-B DCMR § 819 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 819

6-B DCMR § 820 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 820

6-B DCMR § 821 RESERVED

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 821

6-B DCMR § 822 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 9556 (October 5, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 822

6-B DCMR § 823 RESERVED

History

• SOURCE: Section 823 (Term Appointment) of Chapter 8 (Career Service) of the D.C. Personnel Regulations (September 1985); as amended by Final Rulemaking published at 45 DCR 1641 (March 20, 1998); as amended by Final Rulemaking published at 47 DCR 2419 (April 7, 2000); as amended by Final Rulemaking published at 55 DCR 7731 (July 18, 2008); as amended by Final Rulemaking published at 61 DCR 12498 (December 5, 2014); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 823

6-B DCMR § 824 RESERVED

History

• SOURCE: Final Rulemaking published at 47 DCR 2419 (April 7, 2000); as amended by Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 824

6-B DCMR § 825 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 61 DCR 2122 (March 14, 2014); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 825

6-B DCMR § 826 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 826

6-B DCMR § 827 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 827

6-B DCMR § 828 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 828

6-B DCMR § 829 RESERVED

History

• SOURCE: Final Rulemaking published at 47 DCR 2419 (April 7, 2000); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 829

6-B DCMR § 830 RESERVED

History

• SOURCE: Section 830 (Noncompetitive Placement) of Chapter 8 (Career Service) of the D.C. Personnel Regulations (September 1985); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 61 DCR 12498 (December 5, 2014); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 830

6-B DCMR § 831 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 831

6-B DCMR § 832 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 832

6-B DCMR § 833 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 833

6-B DCMR § 834 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 834

6-B DCMR § 835 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 835

6-B DCMR § 836 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 836

6-B DCMR § 837 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 837

6-B DCMR § 838 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007), as amended by Final Rulemaking published at 55 DCR 7731(July 18, 2008); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 838

6-B DCMR § 839 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 839

6-B DCMR § 840 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 840

6-B DCMR § 841 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 841

6-B DCMR § 842 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 842

6-B DCMR § 843 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 843

6-B DCMR § 844 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 844

6-B DCMR § 845 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 845

6-B DCMR § 846 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 846

6-B DCMR § 847 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 847

6-B DCMR § 848 RESERVED

History

• SOURCE: Final Rulemaking published at 51 DCR 9706 (October 15, 2004); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 848

6-B DCMR § 849 RESERVED

History

• SOURCE: Final Rulemaking at 51 DCR 10410 (November 12, 2004); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 849

6-B DCMR § 850 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 850

6-B DCMR § 851 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 851

6-B DCMR § 852 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 852

6-B DCMR § 853 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 853

6-B DCMR § 854 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 854

6-B DCMR § 855 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 855

6-B DCMR § 856 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 856

6-B DCMR § 857 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 857

6-B DCMR § 858 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 858

6-B DCMR § 859 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 859

6-B DCMR § 860 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 860

6-B DCMR § 861 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 861

6-B DCMR § 862 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 862

6-B DCMR § 863 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 863

6-B DCMR § 864 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 864

6-B DCMR § 865 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 865

6-B DCMR § 866 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 866

6-B DCMR § 867 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 867

6-B DCMR § 868 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 868

6-B DCMR § 869 RESERVED

History

• SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 869

6-B DCMR § 870 PROCESSING ENTRY-LEVEL CANDIDATES FOR FIREFIGHTER/EMERGENCY MEDICAL TECHNICIAN (EMT) AND FIREFIGHTER/PARAMEDIC POSITIONS

870.1 For the purposes of this section, the following terms have the meaning ascribed:

Certificate of Eligibles (Certificate) - the list of candidates selected from a Register for consideration for appointment to a position.

Disposition - the final status of individuals considered for appointment from a Certificate, indicated on a Certificate of Eligibles by means of the coding system described in section 870.8 of this section.

Firefighter/Emergency Medical Technician (EMT) - an employee of the Fire and Emergency Medical Services Department (FEMSD) who is cross-trained as a Firefighter and an EMT.

Firefighter/Paramedic - an employee of the FEMSD who is cross-trained as a Firefighter and a Paramedic. The Term “Paramedic” includes EMT/Intermediate (EMT/I) and Basic Paramedic (EMT/P).

Probationary - an entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/ Paramedic shall be required to serve a probationary period of eighteen (18) months, during which time he or she shall be terminated whenever performance or conduct fail to demonstrate the individual’s fitness or qualifications for continued employment.

Register - a list of all individuals eligible for consideration for appointment to a position.

Unassembled examination - an examination that does not require a written test.

870.2 Appropriate staff within the personnel authority will establish a Register of eligible candidates for the positions of Firefighter/EMT and Firefighter/Paramedic. Each Register will include the numerical rank, name, and social security number of all eligible candidates.

870.3 Candidates on the Register will be eligible for appointment only if they successfully complete all the stages of the selection process.

870.4 As specified in section 810 of this chapter, a Register may also be established by administering an entry-level examination to eligible candidates or, at the discretion of the Fire Chief, by unassembled examination for the purposes of hiring individuals for the position of Firefighter/Paramedic.

870.5 Following the establishment of a Register, each candidate who passes the entry-level examination for Firefighter/EMT and Firefighter/Paramedic or is qualified by unassembled examination will be required to:

(a) Take a physical abilities test (PAT) to assess his or her physical abilities to perform the duties of a Firefighter/EMT or Firefighter/Paramedic;

(b) Undergo a background investigation to determine suitability for appointment; and

(c) Be determined to be medically and psychologically qualified to perform in the position for which he or she is being considered.

870.6 Processing of candidates on a Register, and the responsibilities and authorities for each step, are as specified in this section.

870.7 The Certificate will include a sufficient number of candidates to fill available vacancies, and the numerical rank, name, and social security number of qualified candidates on the Register. In the case of a Register established by written examination, the candidates will be listed on the Register in order of their position on the written examination.

870.8 Appropriate staff within the personnel authority will transmit the Certificate and D.C. 2000 Employment Applications to the Agency Recruiting Officer (ARO) within the FEMSD. The ARO will review the D.C. 2000 Employment Applications and indicate the final status of each candidate in the “Disposition” column of the Certificate, using the following codification system:

(a) A: The candidate could not be contacted regarding availability for processing by means of the U.S. Postal Service; the mailings were returned to the ARO as undeliverable;

(b) B: The candidate failed to respond to mailings regarding availability for processing; the mailings were not returned by the U.S. Postal Service to the ARO;

(c) C: The candidate requested deferral, that is, consideration for processing for appointment at a later date;

(d) D: The candidate declined further consideration for the position;

(e) E: The candidate failed to complete the required documentation for the background investigation;

(f) F: The candidate was determined to be unsuitable for appointment to the position on the basis of the background investigation only;

(g) G: The candidate failed to report for the medical examination;

(h) H: The candidate failed to complete the medical examination;

(i) I: The candidate was determined to be unsuitable for appointment to the position on the basis of the medical examination only;

(j) J: The candidate was offered the position, but declined appointment to the position;

(k) K: The candidate was offered the position, but deferred appointment to the position to a later date;

(l) L: The candidate was appointed to the position;

(m) M: The candidate did not meet the minimum or maximum age, education or experience, or citizenship requirements for appointment to the position;

(n) N: The candidate was temporarily suspended from further processing because of pending criminal charges, or the possession of a suspended or revoked motor vehicle license, or charges to that effect; and

(o) O: Other circumstances not described above.

870.9 The ARO will establish a file for all of the candidates to be processed. Each file must contain the D.C. 2000 Employment Application and all other correspondence and documents concerning the processing of the candidate.

870.10 The ARO will review each D.C. 2000 Employment Application to ensure that the candidates meet the age and education or experience requirements. Candidates who would be older than the required maximum age, education, or experience requirement on the appropriate date will be informed in writing by the ARO of the reasons why they cannot be considered for a position.

870.11 The names of candidates who are excluded from consideration on the basis of the age, education, or experience review will be coded “M” in the “Disposition” column on the Certificate. These candidates will not be given any further consideration for positions filled from this Register.

870.12 Using information available on the D.C. 2000 Employment Application, the ARO will send all candidates not coded “M” a letter including an information packet. The letter will advise the candidates of the purpose of and the procedures for completing and returning all forms enclosed with the letter. The letter will also instruct candidates to bring with them original or notarized copies of their birth certificate, high school diploma or equivalency certificate, and D.D. 214 Forms, if applicable.

870.13 As needed because of unusual circumstances, the personnel authority may authorize telephone contacts of candidates to arrange expedited scheduling of medical examinations or other processing steps.

870.14 Candidates who do not respond to the letter within ten (10) workdays of the date of the letter will be sent a second (2nd) letter and enclosures, by certified mail. Candidates who do not respond to the certified letter within ten (10) workdays of the mailing date will be coded “A” or “B,” as appropriate, in the “Disposition” column on the Certificate (see also sections 870.8(a) and (b) of this section). The names of these individuals will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority will determine whether to consider such candidates, as specified in section 870.45 of this section.

870.15 The names of candidates who have indicated that they wish to be considered at a later date shall be coded “C” in the “Disposition” column of the Certificate, and the specific date placed to the right of the code. These candidates may be processed on the date requested in order of their position on the register if the register has not been terminated by the personnel authority prior to this date.

870.16 The names of candidates who have declined consideration for the position will be coded “D” in the “Disposition” column of the Certificate. Their names shall be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date (see also section 870.8 (d) of this section).

870.17 Candidates will be notified by the ARO regarding the scheduling of the PAT required under section 870.5 of this section.

870.18 Candidates who successfully pass the PAT will report to the ARO as the initial step of the background investigation and suitability review process. Each candidate will bring an original or notarized copy of his or her birth certificate and high school diploma or equivalency certificate, as well as the D.D. 214 Form, if appropriate.

870.19 During the initial screening process, candidates will be provided the following forms and will be expected to complete them, after which the ARO will collect the forms:

(a) A “Criminal History Request” form (P.D. 70);

(b) A “Record Check Request” form (P.D. 697); and

(c) A “Release of Information Waiver Authorization” form (P.D. 171);

870.20 The ARO will conduct the background investigation of those candidates who pass the PAT. The background investigation will be conducted prior to initial referral to a Suitability Board (Board) established by the Fire Chief in accordance with the requirements of this section, for a provisional determination of suitability. The background investigation will include all of the following elements:

(a) A local investigation including the following checks:

(1) Criminal background check;

(2) Traffic record check;

(3) Warrant detail check;

(4) Morals Division check; and

(5) Central Names File check;

(b) A report on the candidate from the Washington Area Law Enforcement System (WALES);

(c) Department of Motor Vehicles reports from Maryland, Virginia, and the District of Columbia, as appropriate;

(d) Out-of-state reports, when necessary, including the following:

(1) Department of Motor Vehicles reports;

(2) State police checks; and

(3) Local police checks;

(e) Checking with present and at least one (1) former employer; and

(f) Conducting a records check of military service.

870.21 The background investigation pursuant to section 870.20 of this section may be submitted to the Board for a provisional determination, prior to the receipt of the elements listed below in this subsection. The ARO is responsible for ensuring that this information is obtained within a reasonable amount of time following a provisional determination of suitability, and informing the Board or other appropriate agency management official in the event that any information is obtained that may reasonably affect the decision of the Board. The required elements are:

(a) A report on the candidate from the Federal Bureau of Investigations (FBI) criminal history check;

(b) At least three (3) personal reference checks; and

(c) Checks with at least three (3) associates or friends of the candidate.

870.22 The files of candidates whose investigations under section 870.20 of this section have been completed will be transmitted to and reviewed by the Board.

870.23 The Board will be composed of three (3) uniformed members of the FEMSD at a rank no lower than that of Captain.

870.24 The presence of all three (3) members of the Board will constitute a quorum, and no action will be taken by the Board without a quorum present.

870.25 Decisions of the Board will be effected by majority vote. In making its determination as to the suitability of a candidate for further consideration, the Board may use as reference material the guidelines found within the District Personnel Manual (DPM) (or any other procedural manual developed) and any other procedures issued by the Director, D.C. Department of Human Resources (DCHR).

870.26 The Board's findings and the reasons thereof on the suitability of a candidate will be recorded by the Board on a form expressly designed for this purpose.

870.27 The Fire Chief will establish procedures to ensure that candidates are acted upon by the Board in the same order as listed on the Certificate, except for candidates who are delayed in processing through no fault of the District government.

870.28 In the case of an unassembled examination, candidates will be selected based on rank qualification, and in accordance with the residency preference provisions of Chapter 3 of these regulations.

870.29 The Board has the authority to consider a variety of factors in determining a candidate's suitability for appointment, but may not consider juvenile records. The possession of one (1) or more of the following background characteristics may make a candidate ineligible for further processing and subsequent appointment:

(a) A conviction for any felony;

(b) A conviction for any serious misdemeanor, including but not limited to petit larceny or sex offenses;

(c) Any record of having served a jail sentence; or

(d) An admission of drug abuse or reasonable grounds to believe that there has been drug abuse. Excessive use of marijuana would normally be disqualifying; however, each case will be considered individually, during which time all the relevant facts and circumstances will be evaluated before a final decision is made. As a general guide, excessive use may be defined as the use of marijuana on more than fifteen (15) occasions.

870.30 The following background variables will be closely reviewed by the Board and may be used to render a candidate ineligible for appointment:

(a) All military discharges and the reasons for such discharges will be reviewed, including but not limited to performance, conduct, and medical records;

(b) The circumstances surrounding a conviction or convictions for disorderly conduct will be reviewed and evaluated on a case-by-case basis;

(c) Other acts which would constitute a crime will be individually evaluated;

(d) Traffic records will be judged on an individual basis. A pattern of disregard for existing traffic regulations, particularly where the applicant has been convicted of driving under the influence of intoxicants or drugs, may result in the exclusion of the candidate from further processing.

870.31 Any material false statements, misrepresentations or omissions made during any phase of the application process will be the basis for disqualification of a candidate.

870.32 An applicant’s file will be placed in a condition of temporary suspension from further processing for either of the following reasons:

(a) The applicant has criminal charges pending; or

(b) The applicant’s motor vehicle license has been suspended or revoked or such action is pending.

870.33 The Board will return each candidate’s files to the ARO with its recommendation as to whether the candidate should be determined suitable or unsuitable for further processing.

870.34 Based upon the Board’s recommendation, the ARO will render a decision as to the suitability of each candidate for further processing. If the ARO does not concur with the decision of the Board, he or she will notify the Board and ask for reconsideration.

870.35 The names of candidates who have a suspended or revoked drivers license, or charges pending to that effect will be coded “N” on the Certificate by the ARO. (See section 870.8 (n) of this section). Depending upon the nature and seriousness of the charge, candidates who have criminal charges pending may be coded “N” on the Certificate by the ARO. The ARO will inform the candidates in writing of their temporary suspension from further processing, and will advise such candidates to notify the ARO when these impediments have been removed, as well as provide the ARO with appropriate evidence of such removal. Candidates will also be advised that they may be processed at the time of such notification if the Register has not been terminated prior to that date. These candidates would then be processed in order of their original position number on the Register.

870.36 The ARO will inform each candidate who has been deemed unsuitable, in writing, giving the candidate the reasons for the determination. In addition, each candidate will be informed that he or she may submit, within fifteen (15) workdays of the date of the letter informing the candidate of his or her unsuitability, a written request to the ARO to re-evaluate the facts that led to the determination.

870.37 When requests for review are received, the ARO will remand the background material to the Board for reconsideration. The ARO will inform the candidates in writing as to the final determination of suitability, including the basis for the determination, and that they may appeal the decision in writing to the Fire Chief (or his or her designee). The decision of the Fire Chief is final.

870.38 The names of candidates who failed to provide the required documentation for the background investigation will be coded “E” in the “Disposition” column of the Certificate. The names of those who have been determined to be unsuitable on the basis of the background investigation will be coded “F.” These candidates will not be further considered for positions to be filled from the Register being used at the time. (See section 870.8 (e) and (f) of this section).

870.39 Upon completion, termination, or suspension from further processing, the ARO will transmit each candidate’s file to appropriate staff person.

870.40 Upon request, and for good reason, the ARO may allow a candidate who fails to report to or complete the medical examination one (1) additional opportunity to take or complete the medical examination.

870.41 The Police and Fire Clinic (PFC) will make the medical determination for each candidate and will inform the ARO of its determination in writing.

870.42 The ARO will inform the candidates who were medically disqualified by the PFC of the reasons for the disqualification, both orally and in writing. These candidates will also be advised that they may submit a written request asking that the ARO refer the case to the PFC for reconsideration. The request must be submitted within fifteen (15) days of receipt of the letter that informed them of their medical disqualification.

870.43 A code of “G” will be placed in the disposition column of the Certificate by the names of any candidate who failed to report for the medical examination after being given a second (2nd) opportunity; a code of “H” will be placed in the disposition column of the Certificate by the name of any candidate who failed to complete the medical examination after being given a second (2nd) opportunity; and a code of “I” will be placed in the disposition column of the Certificate by the name of any candidate deemed unsuitable on the basis of the medical examination. Candidates who have been coded “G,” “H,” or “I” will not be given further consideration for positions filled from the Register being used.

870.44 The Fire Chief may require candidates to complete an updated medical examination or background investigation if more than one hundred and twenty (120) days have elapsed between the date either the medical examination or background investigation were completed and the date of appointment.

870.45 Appropriate staff within the personnel authority will contact selectees in writing to tender offers of appointment. Every effort will be made to ensure that appointments are tendered in the order of original position on the Register, with the exception of variances caused by the occurrence of disposition categories “A,” “B,” “C,” “D,” “J,” “K,” and “N” (candidates placed within disposition categories “E,” “F,” “G,” “H,” “I,” and “M” would not be tendered an offer of appointment), and subject to processing delays not within the control of the FEMSD. The selectees will be informed of all of the following:

(a) That the selection is tentative pending completion of the background investigation, if applicable;

(b) The components of the background investigation that have not been completed, if applicable;

(c) That a report resulting in a determination of unsuitability will result in termination of employment;

(d) Where and when to report for appointment; and

The procedures for declining or deferring the appointment.

870.46 Delays in processing caused by a candidate’s action or inaction may result in the candidate being offered an appointment after other candidates who were initially placed in a lower position on the Certificate. Appropriate staff within the personnel authority will be responsible for documenting the reasons for all such offers of appointment, and for providing the Director of the DCHR, with such documentation upon request.

870.47 Appropriate staff within the personnel authority will prepare all candidate appointment forms for those candidates who have accepted offers of appointment and will secure the necessary signatures as specified on the forms. A code of “L” will be placed in the disposition column of the Certificate by the names of candidates who have been appointed.

870.48 A code of “J” will be placed in the disposition column of the Certificate by the names of candidates who have declined appointment. Their names will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date.

870.49 A code of “K” will be placed in the disposition column of the Certificate by the names of candidates who have requested deferral of their appointment, with the date indicated in the space to the right. These candidates may be appointed on the date requested in the order of their position on the Register if the Register has not been terminated by the personnel authority prior to this date.

870.50 Candidates whose requested deferral dates exceed thirty (30) days from the date of the original date of appointment may be subjected to an updated background investigation.

870.51 Appropriate staff within the personnel authority will provide the ARO with the names of the candidates who have accepted appointment, declined appointment, or deferred appointment, so that the ARO may make the appropriate notations on the Certificate.

870.52 The ARO will return the Certificate to the human resources (HR) staff within the FEMSD before requesting another Certificate.

870.53 When each name has been certified and the last Certificate returned to the HR staff within the personnel authority, the following actions may be taken:

(a) Terminate the Register; or

(b) If there is a need for any entry-level Firefighter/EMT or Firefighter/Basic Paramedic to be hired, prior to the time that a new Register will be available, instruct the appropriate staff to arrange for consideration of those candidates who are still eligible and have been placed at the bottom of the Register in accordance with this section, by the same procedure as was used with the candidates previously considered.

870.54 Candidates whose requested deferral dates exceed 30 days from the date of the original date of appointment may be subject to an updated background investigation.

870.55 The Cluster shall notify the LPD of the identity of those candidates who have accepted appointment, declined appointment, or deferred appointment, so that appropriate notations may be made on the Certificate by the LPD.

870.56 The LPD shall return the Certificate of Eligibles through the Assistant Director to the DCOP Examination and Recruitment Division before requesting an additional Certificate.

870.57 When each name has been certified and the last Certificate returned to the personnel authority, the appropriate staff shall do either of the following:

(a) Terminate the register; or

(b) If there is a need for entry-level firefighters to be hired, prior to the time that a new register will be available, arrange for consideration of those candidates who are still eligible and have been placed at the bottom of the register in accordance with these regulations, by the same procedure as was used with the previously considered candidates, as set forth in this section.

History

• SOURCE: Final Rulemaking published at 30 DCR 2555 (May 27, 1983); as amended by Final Rulemaking published at 32 DCR 2473 (May 3, 1985); as amended by Final Rulemaking published at 33 DCR 4301 (July 18, 1986); as amended by Final Rulemaking published at 53 DCR 3248 (April 21, 2006); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009).

6-B DCMR § 871 PROCESSING CANDIDATES FOR POLICE SERGEANT, LIEUTENANT, AND CAPTAIN POSITIONS

871.1 To be eligible to participate in any selection process conducted in or after calendar year 2009, members applying for the Sergeant, Lieutenant, or Captain selection process must have achieved an annual performance evaluation rating of at least “Meets Expectations,” or the equivalent, in the rating period prior to the selection process and shall meet the following time-in-rank qualification requirements:

(a) An officer applying for the Sergeant selection process shall have a minimum of four (4) years of cumulative service, continuous or intermittent, as an officer in the Metropolitan Police Department of the District of Columbia, as of the qualifying date of the selection process;

(b) A Sergeant applying for the Lieutenant selection process shall have a minimum of two (2) years of continuous service as a Sergeant in the Metropolitan Police Department, as of the qualifying date of the selection process, and shall be serving in the rank of Sergeant as of the qualifying date of the selection process; and

(c) A Lieutenant applying for the Captain selection process shall have a minimum of one (1) year of continuous service as a Lieutenant in the Metropolitan Police Department, as of the qualifying date of the selection process, and shall be serving in the rank of Lieutenant as of the qualifying date of the selection process.

871.2 The Metropolitan Police Department shall establish, for each rank, a register of eligible candidates who successfully complete all phases of the selection process for the Police Sergeant, Lieutenant, and Captain positions.

871.3 Registers established under this section shall be structured in descending order in accordance with the results of the selection process.

871.4 Each register established under this section shall include the rank, name, employee identification number, and final ranking of each eligible candidate.

871.5 A candidate on the register shall be eligible for promotion only if the candidate successfully completes all stages of the selection process and is serving in the qualifying rank on the date the candidate’s name is reached for promotional purposes.

871.6 The Chief shall publish, according to the department’s directives issuance system, the procedures for processing candidates on a register and the responsibilities and authorities for each step.

871.7 Following the establishment of a register, each candidate shall be required to pass a medical examination, including drug screening, prior to promotion to a Sergeant, Lieutenant, or Captain position, in accordance with Department policy.

871.8 Unless otherwise authorized by the Chief, the register shall expire at 12:00 midnight on April 30, two (2) years from the date the register is established.

871.9 The Chief shall ensure that the register is coded with final disposition codes before a subsequent register is issued.

871.10 Promotional files shall be retained for a minimum of three (3) years from the expiration date of the register, and then disposed of in accordance with the applicable records retention schedule.

871.11 For members subject to collective bargaining, the collective bargaining agreement shall provide for how sustained adverse or corrective actions against a member shall affect that member’s eligibility for promotion. The Chief of Police shall consider the disciplinary records of members who are candidates for promotion and who are not subject to collective bargaining.

871.12 Repealed

871.13 To the extent that any provision of these regulations, other than § 871.1 conflicts with any provision of a written agreement with a labor organization, the provision of the written agreement shall prevail.

History

• SOURCE: Final Rulemaking published at 46 DCR 106 (January 1, 1999); Final Rulemaking published at 48 DCR 10942 (November 30, 2001); as amended by as amended by Final Rulemaking published at 49 DCR 1859 (March 1, 2002); as amended by Final Rulemaking published at 56 DCR 3685 (May 8, 2009).

6-B DCMR § 872 APPOINTMENT TO INSPECTOR, COMMANDER AND ASSISTANT CHIEF OF POLICE

872.1 The Chief of the Metropolitan Police Department is vested with the authority to assign to duty and to appoint all officers and members of the Metropolitan Police Department.

(a) Consistent with the duty to maintain a force of the highest possible quality, the Chief of Police may appoint qualified candidates from within the Department, as well as seek and appoint qualified candidates from outside the Department, to positions of Assistant Chief of Police, Commander, and Inspector.

(b) The Chief of Police must consider a candidate’s broad knowledge of law enforcement techniques and principles, including his or her knowledge of management principles and employee development in a law enforcement setting.

(c) The Chief of Police shall consider the disciplinary record of all candidates for appointment under this section.

872.2 Appointment to Inspector shall be in accordance with the following:

(a) Whenever one or more appointments are to be made to the rank of Inspector, the Chief of Police may make such selection(s) from a register containing the names of all eligible candidates.

(b) Each individual selected for appointment to Inspector must successfully complete a medical examination, including drug screening, at the Medical Services Division before the effective date of the promotion.

872.3 Appointment to Commander shall be in accordance with the following:

(a) The position of Commander connotes a candidate who meets the qualifications outlined in § 872.1 (b).

(b) A commander is vested with authority to establish a command system which most effectively utilizes the human and material resources available to them and best fulfills the mission of the department.

(c) Each individual selected for appointment to Commander must successfully complete a medical examination, including drug screening, at the Medical Services Division before the effective date of the promotion.

872.4 Appointment to Assistant Chief of Police shall be in accordance with the following:

(a) Whenever one or more appointments are to be made to the rank of Assistant Chief, the Chief of Police may make selection(s) from a register containing the names of all eligible candidates.

(b) Each individual selected for appointment to Assistant Chief must successfully complete a medical examination, including drug screening, at the Medical Services Division before the effective date of the promotion.

872.5 Assistant Chiefs of Police, Commanders, and Inspectors appointed by the Chief of Police pursuant to D.C. Official Code § 1-609.03 are Excepted Service employees. Assistant Chiefs of Police, Commanders, and Inspectors selected by the Chief of Police from the force pursuant to D.C. Official Code §§ 5-105.01 and 1-608.01, are Career Service employees, who serve in such positions at the pleasure of the Chief of Police, and may be returned to their previous rank/position at the discretion of the Chief of Police.

SOUECE: Final Rulemaking published at 49 DCR 1859 (March 1, 2002); as amended by Final rulemaking published at 55 DCR 0021 (January 4, 2008)

6-B DCMR § 873 PROCESSING ENTRY-LEVEL CANDIDATES FOR POLICE OFFICER POSITIONS

873.1 In this section, the following terms have the meaning ascribed:

(a) Conditional - When an offer of employment is “conditional,” it is pending the successful completion of the remaining portion of the selection process.

(b) Chief - Chief of Police of the Metropolitan Police Department.

(c) Intrafamily offense – As that term is defined in D.C. Official Code § 16-1001 (5).

(d) MPD - Metropolitan Police Department.

(e) Nolle prossed - A formal entry on the record by the government by which it declares that the government will not further prosecute the case.

(f) Nolo contendere - A plea which is entered with the permission of a court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it.

(g) Probationary - Entry-level police officers shall be required to serve a probationary period of eighteen (18) months, during which time said officer shall be terminated whenever his or her performance or conduct fails to demonstrate his or her fitness or qualifications for continued employment.

(h) Register - a list of all individuals eligible for consideration for appointment to a position, ranked according to each candidate’s written examination score and the requirements of any applicable provisions of the Departmental Affirmative Action Plan.

873.2 To be considered as a candidate for the position of Police Officer, an applicant shall:

(a) Possess a high school diploma or a general equivalency diploma (G.E.D.);

(b) Possess a valid driver’s license; and

(c) Pass any job-related aptitude or ability test as prescribed by the MPD;

(d) Be at least twenty-one (21) years of age.

873.3 The Chief shall establish a register of eligible candidates which:

(a) Shall be rank-ordered according to the candidates§ scores on the qualifying examinations, including veterans and residency preference points, if applicable; and

(b) Shall remain in existence for one (1) year from the date of issuance, unless otherwise authorized by the Chief of Police.

873.4 Following establishment of a register, each candidate shall be required to pass a medical examination, a truth verification test, and a background investigation in order to be offered a probationary appointment.

873.5 Once the candidate has passed the preliminary screening, the Human Resource Bureau Officer or Designee shall provide the candidate with a written conditional offer of employment, indicating the intent to appoint the candidate pending the successful completion of the remaining portion of the selection process.

873.6 If the written conditional offer of employment is accepted by the candidate, the candidate shall:

(a) Complete a “Medical History Form” (PD Form 688);

(b) Undergo a drug screening test;

(c) Undergo a medical examination;

(d) Be fingerprinted and photographed by the MPD; and,

(e) Submit a birth certificate, or notarized copy thereof, and such other forms as the MPD may require.

873.7 Each candidate shall undergo medical testing conducted at MPD Police and Fire Clinic by properly licensed health care practitioners or by licensed health care practitioners to whom candidates have been referred for further evaluation by the Medical Director of the Police and Fire Clinic.

873.8 Medical testing shall consist of a complete physical examination and psychological screening which includes a written psychological examination and a psychiatric evaluation performed by a licensed psychiatrist, and such other tests as determined by the Police and Fire Clinic.

873.9 The Medical Director of the Police and Fire Clinic shall make the medical determination of suitability for each candidate.

873.10 If a candidate has been medically disqualified, the Human Resource Bureau Officer or Designee shall notify the candidate in writing of the reasons for the disqualification and the procedures to appeal the decision pursuant to § 873.15.

873.11 A candidate is ineligible to become a police officer if the candidate has done any of the following:

(a) Engaged in any conduct which would constitute a felony in the District of Columbia, whether or not the conduct resulted in the arrest of the candidate or the filing of criminal charges;

(b) Been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any misdemeanor, or any offense in any other state, territory, or country which would be a misdemeanor if committed in the District of Columbia, when the misdemeanor involves:

(1) Violence, including, but not limited to, an intrafamily offense; simple assault; violence toward the aged, a spouse, incompetent persons, or children; or threats of violence;

(2) Perjury or falsification, including the making of false reports of crimes, or falsification of official documents;

(3) Sexual offenses, including, but not limited to, indecent exposure; promoting, procuring, compelling, soliciting or engaging in prostitution; corrupting minors (sexual relations with children); molesting; voyeurism (peeping tom); committing sex acts in public; incest; and sexual battery;

(4) Any offense involving violations of the civil rights of any person under the Constitution or laws of the U.S. or any state or territory;

(5) Any theft committed after reaching the age of 18;

(6) Illegal possession, use, sale, distribution, or manufacture of any controlled substance;

(7) Driving under the influence (DUI) of any controlled substance used illegally;

(8) Any offense involving the possession or use of a firearm; or

(9) Any bias-related crime.

(c) Been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for driving while intoxicated from alcohol on any single occasion within five (5) years prior to application, or two (2) or more times at any time prior to application;

(d) Been convicted of, pled guilty or nolo contendere to, or been placed on probation before judgment for manslaughter (negligent homicide), hit and run with injury, or fleeing and eluding police;

(e) Exhibited an unacceptable driving record within five (5) years of application, as evidenced by, but not limited to:

(1) Two (2) or more negligent collisions;

(2) Suspension for moving violations;

(3) Revocation; or

(4) Operating after suspension or revocation.

(f) Received three (3) or more adjudicated and sustained tickets for moving violations within the twelve-month (12-month) period prior to application;

(g) Been dishonorably discharged from military service;

(h) While in the military, engaged in any conduct which would constitute a felony or disqualifying misdemeanor in the District of Columbia;

(i) Is on parole or probation for any criminal offense, or is pending final disposition on a criminal charge;

(j) Been discharged from civilian employment two (2) or more time within five (5) years prior to application due to disciplinary action;

(k) Been terminated or forced to resign from any commissioned or recruit/probationary position with a law enforcement agency for disciplinary reasons; or resigned from a law enforcement agency to avoid potential or proposed adverse disciplinary action or termination;

(l) Is receiving a disability retirement allowance from any law enforcement agency;

(m) Knowingly made any false statement or falsified any document concerning any matter;

(n) Knowingly made any false statement or been deceptive by statement or omission in the written police application or in any part of the police entry-level selection process;

(o) Refused to submit to a truth verification test as part of the pre-employment process; or

(p) Demonstrated a history of personality and/or mental disorders as determined by the MPD Police and Fire Clinic; been a patient in a mental institution for personality or mental disorders; or received treatment as an out-patient for personality or mental disorders.

873.12 A candidate may be ineligible to become a police officer if the candidate has done any of the following:

(a) Been convicted of, pled guilty or nolo contendere to, or given probation before judgment for any misdemeanor charge not listed in § 873.11 above;

(b) Been given less than an honorable discharge from the military, or an honorable discharge with an unfavorable re-entry code;

(c) Been arrested for or charged with a criminal offense that was nolle prossed or dismissed;

(d) Exhibited evidence of alcoholism or an alcohol problem that poses an unacceptable threat to the safety of the individual or others as determined by the MPD Police and Fire Clinic acting in compliance with the Americans with Disabilities Act and the requirements of law enforcement;

(e) Established a verifiable civilian employment record of any of the following:

(1) Three (3) or more unexcused absences or eight (8) or more unexcused late occurrences during his/her last twelve (12) months of employment;

(2) Poor performance as documented by an evaluation of less than satisfactory in three (3) of his or her five (5) most recent performance ratings;

(3) Subjected to disciplinary action within three (3) years prior to application based upon insubordination or inability to follow orders;

(4) Three (3) or more civilian employment disciplinary actions filed against the applicant within five (5) years prior to application;

(5) An unstable or sporadic work history within five (5) years prior to application, e.g., has frequently moved from job to job or experienced lengthy periods of unemployment, as demonstrated by jobs lasting one (1) year or less;

(6) Unfavorable recommendations from past employers; or

(f) During an administrative or criminal investigation, resigned from a law enforcement agency or otherwise demonstrated evidence of guilt without a final judgment having been rendered;

(g) Failed, during the police entry-level selection process and without prior notification and approval, to meet mandated deadlines, cooperate fully with and provide necessary documentation to and keep all scheduled appointments with MPD staff personnel;

(h) Failed, during the police entry-level selection process, to provide additional personal information as requested or to submit information updates/changes, particularly changes of address and home and business telephone numbers, within five (5) business days of the change;

(i) Resigned or been terminated from any law enforcement academy due to a lack of proficiency in an academic or skill area;

(j) Established a history of civil law suits in the following areas: as a defendant resulting from several motor vehicle accidents, as a defendant in cases involving civil rights or human rights violations, or as a plaintiff in unresolved workers’ compensation cases;

(k) Failed to obey or honor any judgment entered by a court of record, including, but not limited to, failure to make alimony or support payments, failure to pay any fine imposed by any court of record, or has demonstrated a lack of honesty and integrity in disposing of financial obligations;

(l) Engaged in any activity constituting grounds for dismissal under Chapter 16 of the District Personnel Manual.

873.13 Appointments shall be tendered at the conclusion of the selection process, by the Human Resources Bureau Officer or Designee.

873.14 Candidates who are disqualified for the position of police officer shall receive written notification by the Human Resources Bureau Officer or Designee.

873.15 Candidates who are disqualified on the basis of either the medical examination or the background investigation may appeal to the Chief of Police or his or her designee, whose decision shall be final.

873.20 Consistent with the Chief’s duty to maintain a force of the highest possible quality, the Chief may seek and appoint qualified persons who have worked for other law enforcement agencies.

873.21 The Chief of Police may make conditional offers of employment to applicants from other law enforcement organizations, subject to all restrictions and limitations contained in this chapter.

873.22 Candidates who receive conditional offers of appointment pursuant to § 873.21 may be entitled to receive compensation commensurate with their experience and expertise.

873.23 Such additional compensation shall be granted at the discretion of the Chief of Police.

873.24 The Chief of Police may consider but not be limited by the following factors in determining whether or not additional compensation shall be granted:

(a) Completion of two (2) to four (4) years of undergraduate collegiate coursework; or

(b) Completion of an undergraduate degree program from an accredited university or college; or

(c) Service with another law enforcement agency subject, but not limited to, the following restrictions:

(1) The law enforcement agency served a metropolitan area with a populace comparable to that of the District of Columbia.

(2) Service with a federal law enforcement agency with broad responsibilities such as, but not limited to, the U.S. Park Police, the U.S. Secret Service, the Capitol Hill Police, the Federal Bureau of Investigation, the Drug Enforcement Agency, or the Federal Protective Service.

873.25 Employees hired under § 873.21 shall be paid in accordance with existing wage/grade policies and or negotiated contracts where applicable.

History

• SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009)

6-B DCMR § 874 DISTRICT OF COLUMBIA POLICE TRAINING AND STANDARDS BOARD

874.1 There is hereby established the District of Columbia Police Training and Standards Board (“Board”).

874.2 Membership on the Board shall consist of the following 11 persons who shall be voting members:

(a) The Mayor or the Mayor’s designee;

(b) Chief of Police, Metropolitan Police Department or the Chief of Police’s designee;

(c) Corporation Counsel for the District of Columbia or the Corporation Counsel’s designee;

(d) United States Attorney for the District of Columbia or the United States Attorney’s designee;

(e) Assistant Director in Charge, Washington Field Office, Federal Bureau of Investigation or the Assistant Director’s designee;

(f) Representative of the District of Columbia Superior Court appointed by the Mayor in consultation with the Chief Judge of the Superior Court;

(g) One criminal justice educator appointed by the Mayor;

(h) Two police representatives appointed by the Mayor in consultation with the Chief of Police; and

(i) Two community representatives appointed by the Mayor.

874.3 The following persons may be advisory, nonvoting members of the Board:

(a) The Executive Director, Maryland Police and Correctional Training Commission; and

(b) The Executive Director, Virginia Division of Training and Standards.

874.4 The appointments to the Board shall be for a 3-year term.

874.5 No member shall serve beyond the time when he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Any member chosen to fill a vacancy created otherwise than by expiration of a term shall be appointed for the unexpired portion of the term of the member whom he or she succeeds.

874.6 The members shall receive no salary, but shall be reimbursed for their expenses lawfully incurred in the performance of their official functions.

874.7 Members appointed to the Board by the Mayor may be removed by the Mayor for incompetence, neglect of duty, or misconduct.

874.8 The Chairperson shall be appointed by the Mayor from among the voting members of the Board and the vice chair shall be elected from among the voting members.

874.9 The Board shall hold its initial meeting promptly after the appointment and qualification of its members. Thereafter, the Board shall meet a minimum of twice each calendar year and at other times as it or the Board’s Chairperson may determine. The majority of the voting members of the Board shall constitute a quorum for the transaction of business, the performance of duties or for the exercise of any of its authority. Advisory members shall be entitled to participate in the business and deliberation of the Board, but shall not be entitled to vote. The Board shall establish its own procedures and requirements with respect to the place and conduct of its meetings.

874.10 Duties of the Board; standards for applicants; continuing education program.

874.11 The Board shall establish application and appointment criteria that include the following:

(a) That an applicant be a citizen of the United States at the time of application;

(b) Age limits;

(c) Height and weight guidelines;

(d) Physical fitness and health standards;

(e) Psychological fitness and health standards;

(f) The completion of a criminal background investigation;

(g) The consideration to be placed on an applicant’s participation in court-ordered community supervision or probation for any criminal offense at any time from application through appointment;

(h) The consideration to be placed on an applicant’s criminal history, including juvenile records;

(i) The completion of a background investigation;

(j) Military discharge classification information;

(k) Information on their prior service with the Metropolitan Police Department, if any.

874.12 The administrative work of the Board shall be carried out by members of the Metropolitan Police Department as appointed by the Chief of Police.

874.13 Notwithstanding the standards established by the Board in accordance with subsection (a) of this section, the Chief of Police is authorized to deny employment to any applicant based upon conduct occurring while the applicant was a minor if, considering the totality of the circumstances, the Chief of Police determines that the applicant has not displayed the good moral character or integrity necessary to perform the duties of a sworn member of the Metropolitan Police Department.

874.14 Each applicant selected for appointment as a sworn member of the Metropolitan Police Department shall successfully complete an initial training program developed by the Training and Standards Board, unless the applicant receives a waiver pursuant to § 874.69.

874.15 The Training and Standards Board shall determine:

(a) The minimum number of hours required for the initial training program;

(b) If and under what circumstances the initial training program will include temporary deployment of the applicant prior to regular deployment as a sworn member; and

(c) The subjects to be included as part of every applicant’s initial training.

874.16 Prior to deployment, each applicant shall successfully complete an initial firearms training program developed by the Board.

874.17 The Board shall determine the appropriate sequence, content, and duration of the initial training program and of the initial firearms training program.

874.18 The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the initial training program or the initial firearms training program.

874.19 The Chief of Police is authorized to modify or waive the initial training program and initial firearms training program requirements for either of the following:

(a) Any applicant who is a former sworn member of the Metropolitan Police Department who has been separated from employment with the Metropolitan Police Department for less than 3 years; or

(b) Any former member of a federal, state, or local law enforcement agency who has completed training similar to the Metropolitan Police Department’s initial training program and initial firearms training program and who has been separated from employment with a federal, state, or local law enforcement agency for less than 3 years.

874.20 The Training and Standards Board shall:

(a) Develop and implement a program of continuing education for its sworn members.

(b) Determine the components for the Metropolitan Police Department's continuing education program;

(c) Determine the appropriate consequence, including ineligibility for promotion, if a member fails to satisfy the continuing education requirement; and

(d) Require each sworn member to successfully complete a firearms training program.

874.21 The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the required continuing education or the firearms training program. The Board shall establish guidelines for the approval of any training program.

874.22 The Training and Standards Board shall:

(a) Establish the minimum requirements for any instructor of any component of the Metropolitan Police Department's initial training program, continuing education program, or firearms training program; and

(b) Through the Chief of Police, not later than November 31 of each calendar year, deliver a report to the Mayor and the Council concerning the Metropolitan Police Department's initial training program, continuing education program, and firearms training program.

(c) The report shall include the number of:

(1) Applicants who have successfully completed the application process;

(2) Applicants who have completed the initial training program;

(3) Sworn members who have completed the continuing education and firearms training programs; and

(4) A plan for the following calendar year’s recruiting efforts and initial and continuing education programs, including plans for correcting any deficiencies indicated by the data from the preceding calendar year.

874.23 Any applicant who met the age requirement at the time of application and who was denied appointment on the basis of racial discrimination, as determined by the Director of the Office of Human Rights, may be appointed notwithstanding the applicant’s age at the time of that determination.

874.24 Applications for appointment to the Metropolitan Police Department shall be made on forms furnished by the Metropolitan Police Department.

874.25 Appointments to the Metropolitan Police Department shall be for a probationary period to be determined by the Training and Standards Board. Continuation of service after the expiration of that period shall be dependent upon the conduct of the appointee and his or her capacity for the performance of the duties to which assigned, as indicated by reports of superior officers. The probationary period shall be an extension of the examination period.

874.26 If the Police and Fire Clinic shall find any probationer physically or mentally unfit to continue his or her duties, that probationer shall be required to appear before the Police and Firefighter’s Retirement and Relief Board. That Board shall make any findings as are required pursuant to section 12(i) of the Policemen and Firemen's Retirement and Disability Act and those findings shall be incorporated in a recommendation submitted to the Mayor.

874.27 Each police officer appointed shall maintain a level of physical fitness to be determined by the Training and Standards Board. The final determination with respect to inappropriate fitness levels shall be made by the Medical Director of the Police and Fire Clinic.

History

• SOURCE: Final Rulemaking published at 48 DCR 8973(September 28, 2001).

6-B DCMR § 875 PROMOTION TO BATTALION FIRE CHIEF AND DEPUTY FIRE CHIEF

875.1 Until September 30, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:

(a) A Captain will be eligible for consideration for promotion to the rank of Battalion Fire Chief after having served as a Captain for a period of at least one (1) year;

(b) Whenever one (1) or more promotions are to be made to the rank of Battalion Fire Chief, the Fire Chief will submit to the Mayor a list of the names of all Captains eligible under section 875.1 (a) of this section, together with such other information as the Mayor may require;

(c) The Fire Chief will submit the final nomination of names to the Mayor for approval; and

(d) Each individual selected for promotion to Battalion Fire Chief must successfully complete a promotional medical examination by the Board of Police and Fire Surgeons in order to be promoted.

875.2 Until September 30, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:

(a) Whenever one (1) or more promotions are to be made to the rank of Deputy Fire Chief, the Fire Chief will submit to the Mayor a list of the names of all Battalion Fire Chiefs, together with such other information as the Mayor may require;

(b) The Fire Chief will submit the final nomination of names to the Mayor for approval; and

(c) Each individual selected for promotion to Deputy Fire Chief must successfully complete a promotional medical examination by the Board of Police and Fire Surgeons in order to be promoted.

875.3 Section 2 (b) of the Omnibus Public Safety Agency Reform Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-402 (b)) (2005 Supp.), provides that the Fire Chief must establish criteria for Career Service promotions to Battalion Fire Chief and Deputy Fire Chief that addresses the areas of education, experience, physical fitness, and psychological fitness. The criteria established, which will become effective on October 1, 2007, are specified in sections 875.4 through 875.6 of this section.

875.4 Beginning on October 1, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:

(a) A Captain will be eligible for consideration for promotion to the rank of Battalion Fire Chief after having served as Captain for at least one (1) year;

(b) Each candidate must be certified to the Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

(1) Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

(2) A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

(3) A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science.

(c) A candidate hired after December 31, 1980 will be considered ineligible for consideration for promotion to the rank of Battalion Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

(d) Each candidate will be required to successfully complete a promotional physical at the time of selection.

875.5 Beginning on October 1, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:

(a) A Battalion Fire Chief will be eligible for consideration for promotion to the rank of Deputy Fire Chief after having served as Battalion Fire Chief for at least one (1) year;

(b) Each candidate must be certified to Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

(1) Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

(2) A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

(3) A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science.

(c) A candidate hired after December 31, 1980 will be considered ineligible for consideration for promotion to the rank of Deputy Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

(d) Each candidate will be required to successfully complete a promotional physical at the time of selection.

875.6 The selection process for the Battalion Fire Chief and Deputy Fire Chief is as follows:

(a) The Fire Chief is authorized to select for promotion any of the members who meet the minimum qualification standards listed in sections 875.4 and 875.5 of this section.

(b) The Fire Chief will submit the final nomination of names to the Mayor, together with any other information as the Mayor may require.

History

• SOURCE: Final Rulemaking published at 30 DCR 4608 (August 8, 1983); as amended by Final Rulemaking published at 53 DCR 3248 (April 21, 2006).

6-B DCMR § 876 PROCESSING CANDIDATES FOR FIRE SERGEANT, LIEUTENANT, AND CAPTAIN POSITIONS

876.1 In this section, the following terms have the meaning ascribed:

Disposition - The final status of individuals considered for appointment from a register of eligibles, indicated on the register by means of the coding system herein described.

Register of eligibles (register) - A list of all individuals eligible for consideration for appointment to a position.

Promotion Board - A group of Fire Department (Department) officers appointed by the Fire Chief, as described in § 876.12, to determine the fitness for promotion of eligible Sergeant, Lieutenant, and Captain candidates.

876.2 To be eligible to take a promotional examination, the candidate shall meet the following time-in-rank requirements:

(a) Eligible employees applying for the Sergeant Examination shall have a minimum of five (5) years of cumulative service, continuous or intermittent, in the Fire Department of the District of Columbia as of the qualifying date for the examination;

(b) Eligible employees applying for the Lieutenant Examination shall have a minimum of one (1) year of cumulative service, continuous or intermittent, as a Sergeant in the Fire Department of the District of Columbia as of the qualifying date for the examination; and

(c) Eligible employees applying for the Captain Examination shall have a minimum of one (1) year of cumulative service, continuous or intermittent, as a Lieutenant in the Fire Department of the District of Columbia as the qualifying date for the examination.

876.3 The personnel authority shall establish a register of eligible candidates who complete the written examination phase of the selection process for Fire Sergeant, Lieutenant, and Captain positions.

876.4 Registers established under this section shall be structured in descending order of the candidate’s rating. The rating reflects the candidate's final score on the written examination plus any additional points for service and/or education.

876.5 Registers established under this section shall include the rank, names, social security numbers, and ratings of all eligible candidates.

876.6 Candidates on the register shall be eligible for appointment only if they successfully complete all stages of the selection process, as specified in this section.

876.7 The register shall be in compliance with any applicable provisions of the Affirmative Action Plan of the Department 876.8 The Assistant Director shall transmit the register of eligibles to the Fire Chief (Chief), who shall designate the Liaison Personnel of the Department (LPD) as the custodian of the register. The Assistant Fire Chief, Operations, shall be designated as the LPD.

876.9 After receiving the register from the Chief, the LPD shall indicate the final status of each candidate in the “Disposition” column on the register, using the following coding system, and in accordance with the instructions set forth in this section:

(a) A: The candidate declined to appear before the Promotion Board;

(b) B: The candidate failed to appear before the Promotion Board;

(c) C: The candidate was determined to be unsuitable for promotion by the Promotion Board only;

(d) D: The candidate declined to undergo the medical examination;

(e) E: The candidate failed to report for the medical examination;

(f) F: The candidate failed to complete the medical examination;

(g) G: The candidate was determined to be unsuitable for appointment to the position on the basis of the medical examination only;

(h) H: The candidate was appointed to the position;

(i) I: The candidate declined appointment to the position; or

(j) J: The candidate was not appointed to the position for reason(s) other than those described above. The LPD shall record the status of each candidate not selected.

876.10 The LPD shall establish a file for each candidate whose name is referred to the Promotion Board. Each file shall contain all correspondence and documents concerning the consideration of the candidate for promotion.

876.11 The Trial Board or other administrative system for corrective or adverse action shall notify the Fire Chief of any case initiated or any action taken on any case which may come before it, if that case involves a candidate on a promotion register as set forth in this section.

876.12 The Chief shall, whenever one (1) or more promotions are to be made, establish a Promotion Board (Board) in accordance with the following requirements:

(a) The Board shall consist of an Assistant Fire Chief, at least two (2) of the Deputy Fire Chiefs from the Fire Fighting Division and at least one (1) other Deputy Fire Chief from either the Fire Prevention Division, the Training Division, the Apparatus Division, or the Ambulance Division;

(b) When a Deputy Fire Chief of a Division is on extended leave, a regular Acting Deputy Fire Chief of that Division may be selected to serve;

(c) All members of the Board shall be considered as full voting members; and

(d) The presence of all members of the Board shall constitute a quorum, and no action shall be taken by the Board without a quorum present.

876.13 The Chief shall submit to the Board for its consideration nine (9) more names than the number of promotions to be made. All such names shall be submitted in rank order from the top of the appropriate register.

876.14 The Chief shall submit to the Board the names of the remaining candidates on a register when, for any reason, there are fewer than ten (10) eligible candidates remaining on the register.

876.15 The LPD shall schedule each candidate to appear before the Board.

876.16 The names of candidates who have declined to appear before the Board shall be coded “A” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for positions filled from this register.

876.17 The Board shall convene in order to determine each candidate's fitness for promotion based on the following:

(a) The official personnel record;

(b) An evaluation by superior officers; and

(c) A job-related oral examination by the Board.

876.18 Candidates who fail to appear before the Board as scheduled, upon their request, may be permitted by the LPD one (1) additional opportunity to appear before the Board.

876.19 The names of candidates who have either (a) failed to appear before the Board and who have not requested rescheduling, or (b) failed to appear before the Board after rescheduling shall be coded “B” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for positions filled from this register.

876.20 All Board proceedings shall be electronically or stenographically recorded and shall remain in the possession of the LPD.

876.21 The proceedings shall be made available for inspection upon the written request to the LPD of any candidate evaluated by the Board for the duration of the register and for two (2) years thereafter. Each candidate shall be provided access only to that information which is relevant to his or her evaluation.

876.22 The Board shall evaluate the fitness of candidates using standardized procedures and forms approved by the Chief and the Director, DCOP, in order to arrive at a just and fair recommendation concerning promotion.

876.23 A candidate shall be recommended for promotion by the Board to the Chief if a majority of the members of the Board so recommend.

876.24 When the Board unanimously determines that there is sufficient evidence of unfitness for promotion, the Board shall recommend to the Chief that the name of the candidate be removed from the register.

876.25 If a candidate is not recommended for promotion by a majority of the members of the Board and the Board does not unanimously determine that the candidate is unfit for promotion, the Board shall recommend to the Chief that the candidate not be promoted at that time. The name of the candidate then shall be placed in its original rank-ordered position on the register for consideration for promotion by the next Board to be convened.

876.26 In each case where the Board recommends that a candidate not be promoted at that time or that a candidate is unfit for promotion and should have his or her name removed from the register, the candidate shall be given a written summary of the findings upon which the Board’s decision was based by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the Board's decision. Upon request, the candidate shall also be given access to the proceedings as specified in § 876.21.

876.27 The candidate shall also be advised by the LPD that he or she may submit a written appeal to the Chief, within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, from the date of receipt of the written summary, informing him or her of the basis for the recommendation to refrain from promotion.

876.28 The Chief shall take action on the appeal, in writing, within fifteen (15) days. An allotment of positions equal to the number of appeals submitted to the Chief shall be set aside by the Board and shall not be filled until such appeals have been acted upon by the Chief.

876.29 The Chief’s determination, under § 876.28, shall be considered the final agency decision on an employee grievance, which the candidate may then appeal.

876.30 If the Chief upholds the appealed recommendation(s) of the Board, the Chief shall submit to the Board for its consideration, an equal number of additional names to replace those determined to be unfit for promotion and those not recommended for promotion at that time. Such additional names shall be referred in rank order from among those candidates who remain on the register. These additional candidates will be considered by the Board as described in §§ 876.15 through 876.29.

876.31 Upon consideration of a sufficient number of candidates, nine (9) plus the number of promotions to be made at the time, the Board shall list these candidates according to their rank-ordered standing on the register and shall submit this list to the Chief.

876.32 The Chief shall select a candidate for promotion from the list of candidates recommended for promotion by the Board.

876.33 Those candidates recommended by the Board for promotion but who are not selected by the Chief shall retain their rank-ordered standing on the register. Their names shall be submitted to the next Board to be convened and shall then be referred by the Board to the Chief for reconsideration without re-examination. Referral of these candidates to subsequent Boards in order of their standing on the register shall proceed until the register has expired or until these candidates have been selected for promotion by the Chief.

876.34 Those candidates who were not recommended by the Board for promotion and whose names are to remain on the register shall retain their rank-ordered standing on the register. They shall be referred to the next Board to be convened and shall be re-examined by this Board as described in §§ 876.15 through 876.29.

876.35 If this Board then recommends these candidates for promotion, their names shall be submitted to the Chief as described in § 876.31.

876.36 If this Board does not recommend these candidates for promotion at that time, they shall retain their rank-ordered standing on the register and shall be referred to subsequent Boards for reconsideration in accordance with the requirements of § 876.34.

876.37 If this Board recommends that the name of the candidate be removed from the register, the candidate shall be treated in accordance with the requirement of §§ 876.24 through 876.29.

876.38 After all appeals within the agency have been exhausted, the names of those candidates who are to be removed from the register shall be coded “C” in the “Disposition” column of the register. These candidates shall not be permitted consideration for positions filled from this register.

876.39 Following selection for promotion by the Chief, each candidate shall be required to successfully complete a medical examination prior to appointment as a Sergeant, Lieutenant, or Captain.

876.40 The LPD shall schedule the medical examination and notify each candidate of the date and time at which to report to the Police and Fire Clinic for the pre-promotional medical examination.

876.41 The names of candidates who have declined to undergo the medical examination shall be coded “D” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for the positions filled from this register.

876.42 Each candidate shall report to the Police and Fire Clinic for the medical examination. The staff of the Clinic shall arrange for all necessary tests, including x-rays and other required laboratory procedures.

876.43 Candidates who fail to report for or to complete the medical examination, upon their request and for adequate reason, may be permitted by the LPD one (1) additional opportunity to take/complete the medical examination.

876.44 The Board of Police and Fire Surgeons shall make the medical determinations for each candidate and shall indicate its findings on the Medical Survey Form (PD305 or FD35), which shall be returned directly to the LPD along with the results of all other medical tests.

876.45 The LPD shall review the Medical Survey Form of each candidate and shall ensure that all reasons for medical disqualification are clearly indicated and recorded on that form.

876.46 Those candidates who were medically disqualified by the Board of Police and Fire Surgeons shall be given the reason for their medical disqualification in writing by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of such decision.

876.47 Candidates shall also be advised by the LPD that they may submit, within fifteen (15) days from the date of the letter informing them of their medical disqualification, a written request to the LPD to refer the case to the Board of Police and Fire Surgeons for reconsideration. The results of this reconsideration shall be the final determination of that Board.

876.48 The LPD shall inform candidates in writing within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the results of the final medical determination under § 876.47 and of their right of appeal to the Chief. The candidate may then appeal to the Chief in accordance with the requirements of §§ 876.27 through 876.29.

876.49 The Chief’s determination regarding an appeal submitted under § 876.48 shall be considered as the final agency decision on an employee grievance.

876.50 The candidate may appeal the Chief’s decision either to the Office of Employee Appeals, or in the manner specified in an Agreement with a labor organization, as appropriate under such agreement, and shall be informed of such rights in the issuance of the Chief’s final decision.

876.51 The names of candidates who failed to report for the medical examination shall be coded “E” in the “Disposition” column of the register. The names of candidates who failed to complete the medical examination shall be coded “F” The names of candidates deemed to be unsuitable on the basis of the medical examination shall be coded “G.” These candidates shall retain their rank-ordered standing on the register, and as further promotions are to be made, their names shall be submitted for consideration by the next Board to be convened.

876.52 Candidates whose effective date of promotion exceeds a reasonable period of time as determined by the LPD (approximately 120 days) from the date of the medical examination may be subject to re-examination by the Board of Police and Fire Surgeons.

876.53 At any time during the selection process, the Director of Personnel may request the Chief to review the findings of the Promotion Board in regard to the qualifications of a candidate. Such review and any resultant appeal by the candidate shall be conducted in accordance with §§ 876.26 through 876.29 and §§ 876.46 through 876.50.

876.54 The Chief shall contact each selectee in writing to tender an offer of promotion, inform the selectee as to where and when to report for promotion, and indicate the procedures for declining the appointment.

876.55 The names of candidates who have been appointed shall be coded “H” in the “Disposition” column of the register.

876.56 The names of candidates who have declined appointment shall be coded “I” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for positions filled from this register.

876.57 The LPD shall document the disposition of each candidate on the register prior to the return of the register through the Assistant Director to the Recruitment and Examining Division. The LPD shall also provide such documentation, through the Assistant Director, to the Recruitment and Examining Division.

876.58 The Assistant Director shall prepare all candidate appointment forms for those candidates who have accepted offers of appointment and shall secure the necessary signatures, as specified on the forms.

876.59 Successive registers shall be established at 12:01 a.m. on October 16 of the even-numbered years. However, the period of eligibility under any special examination shall expire when the next regularly qualifying list becomes effective.

876.60 The LPD shall return the register of eligibles through the Assistant Director to the DCOP Recruitment and Examining Division before a subsequent register is transmitted to the LPD.

876.61 Promotional files are to be retained by the Department for a minimum of three (3) years before being retired to the appropriate records center.

876.62 To the extent that any provision of these regulations, other than § 876.2, conflicts with any provision of a contract with a labor organization, the provision of the contract shall prevail.

History

• SOURCE: Final Rulemaking published at 31 DCR 2215 (June 1, 1984); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 67 DCR 3261 (March 20, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 876

6-B DCMR § 877 RETIREMENT/RESIGNATION OF MEMBERS WHILE UNDER DISCIPLINARY INVESTIGATION

877.1 A member who decides to resign from the department shall submit a written notification through his or her chain of command to the Chief of Police at least thirty (30) days from the date he or she wishes to resign.

877.2 The notification shall include:

(a) The member's name;

(b) Appointment date;

(c) Forwarding address;

(d) Social security number;

(e) Date of separation;

(f) Reason for resignation;

(g) If accepting another position with the District of Columbia or federal Government, the name and address of the agency; and

(h) If desired, a request for waiver of the thirty (30) days notification period.

877.3 A member who decides to voluntarily retire from the department shall submit a request for optional retirement, Police Department Form 292, through his or her chain of command to the Chief of Police at least sixty (60) days from the date he or she wishes to retire.

877.4 Upon receipt of the notification of resignation or request for optional retirement, the Commanding Officer shall:

(a) Determine whether the member is being investigated for serious misconduct by officials within the command;

(b) Determine whether the OPR is currently investigating the member for allegations of serious misconduct;

(c) Determine whether actions alleging serious misconduct are pending against the member in DDRO; and

(d) Forward the notification of resignation, or, request for optional retirement to the Office of the Chief of Police with a notation as to whether disciplinary actions are pending against the member.

877.5 Upon receipt of a notification of resignation, or, request for optional retirement that includes a notation that the member is being investigated for serious misconduct, the Chief of Police shall:

(a) Deny the request for waiver of the thirty (30) day notification requirement (for members seeking to resign) or sixty (60) day notification requirement (for members seeking to retire);

(b) Order the expedited completion of the investigation;

(c) Inform the member that he or she is under investigation for allegations of serious misconduct and that the final accounting of the member’s salary and annual leave balance is conditional upon final resolution of the investigation; and

(d) Inform MPD’s Director of Human Services and MPD’s Chief Financial Officer that the member's resignation or retirement is conditional and that the final accounting with respect to the member’s salary and annual leave balances are to be held in abeyance pending resolution of the disciplinary investigation.

877.6 Investigations against members for allegations of serious misconduct shall be completed within twenty-five (25) days from the effective date of the member’s resignation or retirement.

877.7 Upon completion of the investigation, if the allegations of serious misconduct are sustained and if the member would have been suspended as a penalty for the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.” Such fine shall not be less than $100 nor greater than $5,000.

877.8 If the sustained allegations would have resulted in the member being terminated from MPD as a result of the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.” Such fine shall not be less than $1,000 nor greater than $5,000.

877.9 The Director of DDRO shall assess the penalties for sustained allegations of serious misconduct in accordance with the penalty guidelines set forth in MPD General Order 1202.1 “Disciplinary Procedures and Processes.”

877.10 The member against whom a penalty has been assessed, shall be afforded all rights to which he or she is entitled under federal and District of Columbia law and regulations, police regulations, and any applicable labor agreement as if they were still an employee of MPD.

877.11 If the allegations of misconduct are not sustained, or the investigation is not completed within twenty-five (25) days from the effective date of the member's resignation or retirement, the matter shall be deemed as closed and the final payments due to the member released.

877.12 If the allegation of the misconduct has been sustained but there were no funds available from the member's salary and/or leave balances to assess the penalty, the Chief of Police at his discretion may authorize the collection of the debt through a request to the Office of the Corporation Counsel for enforcement action.

877.13 The following terms shall have the meaning ascribed in this section:

"Conditional Retirement" - The retirement of a member from MPD while under disciplinary investigation for serious misconduct.

"Disciplinary Investigation" - Any official investigation by MPD, including the Office of Internal Affairs, of allegations of serious misconduct by any member of MPD.

"DDRO" - MPD’s Office of Disciplinary Review.

"Member" - Sworn employees of MPD.

"MPD" - The Metropolitan Police Department.

"OPR" - MPD’s Office of Professional Responsibility.

"Resignation" - The voluntary separation of a member from MPD before the member's pension rights have accrued or vested.

"Retirement" - The voluntary separation of a member from MPD after the member's pension rights,retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.

"Serious Misconduct" - Any felony violation of federal, local or District of Columbia law, making of a false statement under oath, falsification of official records or reports, unnecessary force, comprising a felony or assisting a person to escape investigation or prosecution, use of illegal or controlled substances, or other violations as determined by the Chief of Police by general order.

History

• SOURCE: Final Rulemaking published at 49 DCR 8368 (August 30, 2002); as amended by ERRATA published at 49 DCR 9298 (October 11, 2002).

6-B DCMR § 878 NOTIFICATION OF RETIREMENT OR RESIGNATION OF A MEMBER OF THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT

878.1 Pursuant to Section 5 of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved January 20, 1906 (34 Stat 315; D.C. Official Code § 5-407), a member who decides to resign from FEMS shall submit a written notification through his or her chain of command to the Fire and EMS Chief at least thirty (30) days before the date the member wishes to resign. The written notification shall include:

(a) The member’s name;

(b) Appointment date;

(c) Forwarding address;

(d) Social security number;

(e) Date of separation;

(f) Reason for resignation;

(g) If accepting another position with the District of Columbia or federal government, the name and address of the government agency; and

(h) If desired, a request for waiver of the thirty (30) day notification period.

878.2 Pursuant to Section 12(h) of the Policemen and Firemen’s Retirement and Disability Act, approved September 1, 1916 (39 Stat. 718; D.C. Official Code § 5-712), and FEMS Special Order No. 77, Series 2013 (effective August 14, 2013), a member who decides to voluntarily retire from FEMS shall submit a request for optional retirement through his or her chain of command to the Fire and EMS Chief at least sixty (60) days before the date the member wishes to retire.

878.3 The definitions set forth in Section 879 shall apply to this section.

History

• SOURCE: Final Rulemaking published at 63 DCR 8242 (June 10, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 878

6-B DCMR § 879 RETIREMENT OR RESIGNATION OF A MEMBER OF THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT WHILE UNDER DISCIPLINARY INVESTIGATION

879.1 Upon receipt of a notification of resignation or request for optional retirement, the Assistant Fire Chief of Operations and/or the Assistant Fire Chief of Services shall:

(a) Determine whether the member is under disciplinary investigation; and

(b) Forward the notification of resignation or request for optional retirement to the Fire and EMS Chief with a notation as to whether the member is under disciplinary investigation.

879.2 Upon receipt of a notification of resignation or request for optional retirement that includes a notation that the member is under disciplinary investigation, the Fire and EMS Chief shall:

(a) Deny the request for waiver of the thirty (30) day notification requirement for members seeking to resign, if such a waiver was requested;

(b) Deny the request for waiver of the sixty (60) day notification requirement for members seeking to retire, if such a waiver was requested;

(c) Order the expedited completion of the investigation;

(d) Inform the member that he or she is under conditional resignation or conditional retirement due to the pending disciplinary investigation for allegations of serious misconduct and that the final accounting of the member’s salary and annual leave balance is conditioned upon final resolution of the investigation; and

(e) Inform the Director of the Department of Human Resources and the Chief Financial Officer that the member’s resignation or retirement is conditional and that the final accounting with respect to the member’s salary and annual leave balances are to be held in abeyance pending resolution of the disciplinary investigation.

879.3 A member who is in conditional resignation or conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation.

879.4 The investigation of a member for alleged serious misconduct shall be completed within twenty-five (25) days after the effective date of the member’s resignation or retirement. If FEMS does not complete the investigation within twenty-five (25) days after the date of retirement or resignation, the matter shall be deemed to be closed and the allegations of misconduct not sustained. The member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.

879.5 If at any time during a member’s conditional retirement or conditional resignation FEMS finds that the serious misconduct allegation is not sustained or is unfounded, the matter shall be deemed closed and the member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.

879.6 If FEMS sustains the serious misconduct allegation, the disciplinary process shall proceed as if the member in conditional retirement or conditional resignation continued to be a member of FEMS.

(a) The member shall be accorded all rights to which he or she is entitled under federal and District of Columbia law and regulations, Department regulations, and any applicable labor agreement.

(b) If FEMS, through the disciplinary process, ultimately determines that a member in conditional retirement or conditional resignation should be subject to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline.

(c) A member in conditional retirement or conditional resignation who would have received a suspension as discipline had he or she remained a member of FEMS, shall be assessed a penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000), as determined in the discretion of the Fire and EMS Chief based on the length of suspension, and FEMS Order Book Article VII, Maintenance of Discipline.

(d) A member in conditional retirement or conditional resignation who would have been demoted or terminated as discipline had he or she remained a member of FEMS, shall be assessed a penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) as determined in the discretion of the Fire and EMS Chief based on FEMS Order Book Article VII, Maintenance of Discipline.

(e) Penalties assessed against a member in conditional retirement or conditional resignation as provided shall be treated as a debt owed to the District of Columbia government, pursuant to Section 2903 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-629.03), and may be collected by the District of Columbia government, pursuant to Section 2904 of the CMPA (D.C. Official Code § 1-629.04), or by any other means authorized by law.

(f) A member in conditional retirement or conditional resignation may challenge the imposition of penalties in an administrative proceeding before the District of Columbia Office of Employee Appeals, pursuant to the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.).

879.7 A member who retires or resigns without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement or conditional resignation, but shall instead be provided the opportunity to continue employment with FEMS during the pendency of the disciplinary investigation. Should the member decide to retire or resign after being informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement or conditional resignation as provided in these regulations.

879.8 The following terms, when used in this section or Section 878, shall have the meanings ascribed:

(a) “Conditional Resignation” – the resignation of an FEMS member while under disciplinary investigation for serious misconduct.

(b) “Conditional Retirement” – the retirement of an FEMS member while under disciplinary investigation for serious misconduct.

(c) “Disciplinary Investigation” – an official investigation by FEMS, including the Office of Internal Affairs, of an allegation of serious misconduct by any FEMS member.

(d) “Member” – a uniform employee of FEMS, including but not limited to the following positions:

(1) Assistant Fire Chief;

(2) Basic Paramedic;

(3) Battalion Fire Chief;

(4) Captain;

(5) Captain Paramedic;

(6) Deputy Fire Chief;

(7) EMS Preceptor;

(8) Emergency Medical Technician;

(9) Fire Arson Investigator;

(10) Fire Assistant Marine Engineer;

(11) Fire / EMS Chief;

(12) Fire Marine Engineer;

(13) Firefighter;

(14) Firefighter EMT;

(15) Firefighter Inspector;

(16) Firefighter Inspector Technician;

(17) Firefighter Investigator;

(18) Firefighter Paramedic;

(19) Firefighter Paramedic Technician;

(20) Fire Pilot;

(21) Firefighter Technician;

(22) Lieutenant;

(23) Lieutenant Paramedic;

(24) Paramedic;

(25) Paramedic Firefighter;

(26) Paramedic Instructor;

(27) Sergeant;

(28) Sergeant Paramedic; or

(29) Supervisory Paramedic.

(e) “FEMS” – the Fire and Emergency Medical Services Department.

(f) “Resign” – the voluntary separation of a member from FEMS before the member’s pension rights have accrued or vested.

(g) “Retire” – the voluntary separation of a member from FEMS after the member’s pension rights, retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.

(h) “Serious Misconduct” – any felony violation of federal, local, or District of Columbia law, making of a false statement under oath, falsification of official records or reports, using unnecessary force, gross dereliction of duty, perpetrating a felony or assisting a person to escape investigation or prosecution, use of illegal or controlled substances, or other violations as determined by the Fire and EMS Chief (See FEMS Order Book Article VII, Maintenance of Discipline).

History

• SOURCE: Final Rulemaking published at 63 DCR 8242 (June 10, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 879

6-B DCMR § 899 DEFINITIONS

899.1 For the purposes of this chapter, the following terms have the meaning ascribed:

Administrative hearing officer - A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged in adjudicatory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Administrative law judge - A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutory or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Break in service - a period of one (1) workday or more between separation and reemployment that may cause a loss of rights or privileges.

Career Appointment (Permanent) - An appointment of an employee, who has satisfactorily completed his or her probationary period, to a continuing position in the Career Service.

Career Appointment (Probational) – an appointment of an employee to a continuing position in the Career Service subject to satisfactory completion of a probationary period of at least one-year (1-year) probationary period.

Career Service – all positions, including part-time positions, of the District government that are not included in the Educational Service, Excepted Service, Management Supervisory Service, or Executive Service, or otherwise excluded by section 800 of this chapter.

Conversion - A change in the employment rights or time limitation of an appointment without a break in service of one (1) full workday.

Days - Calendar days, unless otherwise stated. In computing a period of time prescribed by regulation, the day of the action or event triggering the count is not included in the computation. The last day of the period shall not be a Saturday, Sunday, or legal holiday, but shall be, instead, the end of the next day which is not a Saturday, Sunday, or legal holiday.

Demotion - The change of an employee to a lower grade, or to a position with a lower basic pay rate, when both the old and new positions are under the same pay schedule or in different pay schedules.

Detail - The temporary assignment of an employee to a different position for a specified period, with the employee returning to his or her regular duties at the end of the detail. A position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed.

Eligibles - Those qualified to be chosen for appointment on the basis of any of the following (subject to possible suitability or medical determination):

(a) Having received a rating of seventy (70) or more under § 809.6;

(b) Having successfully completed an examination under § 809.7;

(c) Having been rated "Highly Qualified," "Well Qualified," or "Qualified" under § 809.8; or

(d) Having been rated "eligible" under § 809.9.

Employee - Unless otherwise stated herein, a person appointed to a position in the Career Service.

Foster Care- 24 hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

Foster Child - a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code § 16-2320 or whose parents’ rights have been relinquished pursuant to D.C. Official Code § 4-1406. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “foster child.”

Open competition - The use of examination procedures which permit application and consideration of all persons without regard to current or former employment with the District government.

Personnel authority - an individual or entity authorized by section 406 of the CMPA (D.C. Official Code § 1-604.06) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated such authority by such an individual or entity.

Position change - A promotion, demotion, or reassignment or transfer made during an employee's continuous service within the Career Service, but not a detail. A position change by any of these methods may also involve a change of official headquarters or post of duty within the Career Service.

Probationary period - except otherwise specified in this chapter, a one-year (1-year) trial period during which an employee must demonstrate his or her qualification and ability for the position.

Promotion - The change of an employee to a position at a higher grade level within the same job classification system and pay schedule, or to a position with a higher representative rate in a different job classification system and pay schedule.

Reassignment - The change of an employee from one position to another without promotion or demotion.

Register - A list of eligible applicants compiled in order of relative standing for certification.

Subordinate agency - any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in § 301(q) of the CMPA (D.C. Official Code § 1-603.01(17)) (2001).

Supervisor - at grade levels CS-10 and below, a position that accomplishes work through the direction of other people and meets at least the minimum requirements for coverage in accordance with the U.S. Office of Personnel Management Supervisory Grade Evaluation Guide, or other appropriate classification standards adopted by the D.C. Department of Human Resources. Those directed may be subordinate District service employees, whether full-time, part-time, intermittent, or temporary; non-District service workers; unpaid volunteers; student trainees, or others. Supervisors exercise delegated authorities such as described in Factor 3 - Supervisory and Managerial Authority Exercised, in the Supervisory Grade Evaluation Guide. A first (1st) level supervisor personally directs subordinates without the use of other subordinate supervisors. A “full assistant” shares fully with a higher-level supervisor in all phases of work direction, contractor oversight, and delegated authority over the subordinate staff.

Temporary Appointment Pending Establishment of a Register (TAPER) - a temporary appointment pending establishment of a register when there are insufficient candidates on a register appropriate for filling a position that will last for more than one (1) year and the public interest requires that the vacancy be filled before eligibles can be certified.

Temporary appointment - An appointment with a specific time limitation of one (1) year or less.

Term appointment - An appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in § 823.2, or as otherwise provided by statute.

Transfer - A change, without a break in service of a fully workday of a career (probational) or career (permanent) employee to another Career Service position of like tenure under a different personnel authority.

Veteran - As defined in § 703 of chapter 7 of these regulations.

Ward of the State – A person between the age of 18-21 years old who is currently committed to the Mayor as a ward of the District of Columbia or previously deemed a ward within the past five (5) year from the date of application for employment, pursuant to D.C. Official Code § 4-114. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “ward of the state.”

When-actually-employed (WAE) appointment - temporary appointment under which the employee serves on an intermittent basis, that is, non full-time without a prescheduled regular tour of duty. This type of temporary appointment is also referred to as either “intermittent appointment,” or as “intermittent service.”

History

• SOURCE: Final Rulemaking published at 51 DCR 9706 (October 15, 2004); as amended by Final Rulemaking published at 51 DCR 10410 (November 12, 2004); as amended by Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 61 DCR 2122 (March 14, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 899

6-B9 EXCEPTED SERVICE

6-B DCMR § 900 APPLICABILITY

This chapter applies to all appointments in the Excepted Service under the authority of Title IX of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-609.01 et seq. (2012 Repl.)).

All Excepted Service appointees shall serve at the pleasure of the appointing personnel authority, except those appointed under special appointments under the authority of § 904 of the CMPA (D.C. Official Code § 1-609.04 (2012 Repl.)).

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 900

6-B DCMR § 901 EXCEPTED SERVICE CLASSIFICATION SYSTEM AND STANDARDS

901.1 Notwithstanding the provisions in § 903 of this chapter on the establishment of the new Excepted Service Pay Schedule, the classification system or systems in effect on December 31, 1979 shall remain in effect until the adoption of a new classification system or systems pursuant to § 1102 of the CMPA (D.C. Official Code § 1-611.02 (2012 Repl.)), and shall be the system utilized to classify Excepted Service positions.

901.2 Each Excepted Service position shall be classified as prescribed in Chapter 11 of these regulations, except that:

(a) Statutory positions shall be classified in a manner consistent with their governing statutes, as appropriate; and

(b) The personnel authority may adjust the grade, pay level, or salary, as applicable, of a position, to reflect the professional, scientific, or technical stature of an individual appointed as an expert or consultant.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 901

6-B DCMR § 902 EXCEPTED SERVICE QUALIFICATIONS AND OTHER APPOINTMENT REQUIREMENTS

902.1 Except for statutory office holders, as defined by D.C. Official Code § 1-609.08, an individual may only be appointed to an Excepted Service position if he or she is well qualified to fill that position.

902.2 All Excepted Service appointees shall be subject to credit and criminal background checks. Credit and criminal background checks shall be carried out in the manner prescribed by applicable sections in Chapter 4 of these regulations.

902.3 An appointee’s suitability shall be determined by the appointing personnel authority in accordance with Chapter 4 of these regulations.

902.4 Employment in the Excepted Service shall comply with the Immigration Reform and Control Act of 1986, approved November 6, 1986 (Pub.L. 99–603, 100 Stat. 3445), as amended, which requires that employers hire only citizens and nationals of the United States and aliens authorized to work, and verify the identity and employment eligibility of all employees hired after November 6, 1986

902.5 The minimum age for employment in the Excepted Service, unless a different age requirement is specifically provided by law for a particular appointment or position, is sixteen (16) years old.

902.6 Except as provided in § 902.5, the minimum age for any junior youth aide in the Department of Parks and Recreation and for summer employment is fourteen (14) years old for a person appointed to an Excepted Service transitional position.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 902

6-B DCMR § 903 PAY PLAN AND PAY-FOR-PERFORMANCE SYSTEM FOR THE EXCEPTED SERVICE

903.1 An Excepted Service Pay Schedule (“ES Schedule”) is the basic pay schedule for all Excepted Service positions. The ES Schedule, which was approved on July 6, 2005 by Council Resolution No. 16-219, is a merit-based pay plan that provides for market competitive open-salary ranges with progression based on performance, and replaced the salary schedule structure for Excepted Service positions consisting of pay levels and ten (10) steps.

903.2 The structure and application of the ES Schedule provides flexibility in hiring and compensation for Excepted Service positions. Some of the features of a merit-based pay plan such as the ES Schedule are:

(a) Merit pay or pay for performance systems providing the flexibility to:

(1) Combine merit or performance-based increases with what is commonly known as “cost-of-living-adjustments” or “market adjustments;” or

(2) Base the total salary increase the employee receives solely on merit (performance);

(b) Base-pay increases vary in direct relationship to each employee’s performance level;

(c) The system differentiates between various levels of performance and rewards employees through additional compensation accordingly;

(d) Success of the system depends on accurate and realistic performance evaluations by supervisors; and

(e) The system provides flexibility for varying budget constraints and revenues.

903.3 The ES Schedule is divided into eleven (11) pay levels (ES 1 through ES 11). Each pay level has an open range with a “minimum,” “midpoint,” and “maximum” as reference points of the range.

903.4 Application of the ES Schedule shall ensure compliance with the principle of equal pay for substantially equal work contained in § 1103(a)(2) of the CMPA (D.C. Official § 1-611.03(a)(2) (2012 Repl.)).

903.5 As appropriate, the compensation provisions contained in Chapter 11 of these regulations shall apply to Excepted Service employees.

903.6 Eligible employees paid under the ES Schedule shall not receive more than one (1) salary increase in a calendar year (annual salary increase).

903.7 Except as otherwise determined by the Mayor (or designee), or personnel authority, an annual salary increase for an employee paid under the ES Schedule shall become effective on the last full biweekly pay period in the calendar year (pay period number twenty-six (26)), or pay period number twenty-seven (27), as may occur from time to time).

903.8 An employee paid under the ES Schedule shall be eligible for an annual salary increase if:

(a) The employee received a Performance Plan for the year; and

(b) The employee’s level of competence and job performance is determined to be acceptable or better, as evidenced by a performance rating of “Meets Expectations” (its equivalent) or higher, for Excepted Service employees whose performance is rated using the Performance Management Plan in Chapter 14 of these regulations.

903.9 Whether an employee who is eligible to receive an annual salary increase under

§ 903.8 is actually awarded an annual salary increase, and the type and size of an annual salary increase awarded, shall be determined in accordance with the provisions of Chapter 11 of these regulations.

903.10 An annual salary increase may consist of:

(a) A market adjustment;

(b) A merit-pay increase based on performance as specified in § 903.7(a); or

(c) A market adjustment, plus a merit-pay increase based on performance as specified in §§ 903.8(a) and (b) combined.

903.11 Each personnel authority, in consultation with the Office of the Chief Financial Officer, shall:

(a) Plan for and determine the payroll cost of annual salary increases every year for agency Excepted Service employees who meet the requirements in § 903.7(a) and (b);

(b) Determine the total percentage of the annual salary increases for these employees; and

(c) Communicate the plan to agency heads every year.

903.12 An eligible Excepted Service employee whose salary is at the top of the range for the pay level of the position he or she occupies and who meets the requirements in §§ 903.8(a) and (b), shall receive a one-time (1-time) lump sum payment for the calendar year in question, the amount of which shall not exceed the total percentage afforded to other eligible agency employees with the same performance rating.

903.13 The Director, D.C. Department of Human Resources (Director of the DCHR), shall determine the salary levels for Capital City Fellows assigned to subordinate agencies.

903.14 The salary of an employee paid under the ES Schedule may be reduced in accordance with Chapter 11 of these regulations.

903.15 Nothing in this section shall prevent Excepted Service employees paid under the ES Schedule from receiving performance incentives and incentives awards in accordance with § 912 and Chapter 19 of this subtitle.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 903

6-B DCMR § 904 EXCEPTED SERVICE POSITIONS

904.1 The following types of positions are considered Excepted Service positions:

(a) Excepted Service statutory positions include positions occupied by employees who, pursuant to § 908 of the CMPA (D.C. Official Code § 1-609.08 (2012 Repl.)), serve at the pleasure of the appointing authority; or who, as provided by other statute, serve for a term of years subject to removal for cause as may be provided in the appointing statute. Among the Excepted Service statutory positions listed in § 908 of the CMPA are the following:

(1) The City Administrator;

(2) The Director of Campaign Finance, District of Columbia Board of Elections;

(3) The Auditor of the District of Columbia;

(4) The Chairman and members of the Public Service Commission;

(5) The Chairman and members of the Board of Parole;

(6) The Executive Director of the Public Employee Relations Board;

(7) The Secretary to the Council of the District of Columbia;

(8) The Executive Director of the Office of Employee Appeals;

(9) The Executive Director and Deputy Director of the D.C. Lottery and Charitable Games Control Board;

(10) The Budget Director of the Council of the District of Columbia;

(11) The Chief Administrative Law Judge, Administrative Law Judges, and Executive Director of the Office of Administrative Hearings; and

(12) The Chief Tenant Advocate of the Office of the Tenant Advocate.

(b) Positions created under public employment programs established by law, pursuant to § 904(1) of the CMPA (D.C. Official Code § 1-609.04(1) (2012 Repl.)).

(c) Positions established under special employment programs of a transitional nature designed to provide training or job opportunities for rehabilitation purposes, including persons with disabilities, returning citizen or other disadvantaged groups, pursuant to § 904(2) of the CMPA (D.C. Official Code § 1-609.04(2) (2012 Repl.)).

(d) Special category positions established pursuant to § 904(3), (4), and (5) of the CMPA (D.C. Official Code § 1-609.04(3), (4), and (5) (2012 Repl.)), specifically:

(1) Positions filled by the appointment of a federal employee under the mobility provisions of the Intergovernmental Personnel Act of 1970, approved January 5, 1971 (Pub.L. 91-648; 84 Stat. 1909; 5 U.S.C. §§ 3301 et seq.);

(2) Positions established under federal grant-funded programs that have a limited or indefinite duration and are not subject to state merit requirements by personnel authorities; excluding employees of the State Board of Education or of the Trustees of the University of the District of Columbia; and

Positions established to employ professional, scientific, or technical experts or consultants.

(e) Positions established under cooperative educational and study programs pursuant to § 904(6) of the CMPA (D.C. Official Code § 1-609.04(6) (2012 Repl.)), including but not limited to positions established under a pre-doctoral or post-doctoral training program under which employees receive a stipend; positions occupied by persons who are graduate students under temporary appointments when the work performed is the basis for completing certain academic requirements for advanced degrees; and positions established under the Capital City Fellows program administered by the D.C. Department of Human Resources.

(f) Excepted Service policy positions pursuant to § 903(a) of the CMPA (D.C. Official Code § 1-609.03(a) (2012 Repl.)) are positions reporting directly to the head of the agency or placed in the Executive Office of the Mayor or the Office of the City Administrator, in which the position holder’s primary duties are of a policy determining, confidential, or policy advocacy character. These positions shall consist of the following:

(1) No more than one hundred and sixty (160) positions appointed by the Mayor;

(2) Staff positions at the Council of the District of Columbia, the occupants of which are appointed by Members of the Council of the District of Columbia, provided that this does not include positions occupied by those permanent technical and clerical employees appointed by the Secretary or General Counsel, and those in the Legal Service;

(3) No more than fifteen (15) positions, the occupants of which shall be appointed by the Inspector General;

(4) No more than four (4) positions, the occupants of which shall be appointed by the District of Columbia Auditor;

(5) No more than twenty (20) positions, the occupants of which shall be appointed by the Board of Trustees of the University of the District of Columbia, to serve as officers of the University, persons who report directly to the President, persons who head major units of the University, academic administrators, and persons in a confidential relationship to the foregoing, exclusive of those listed in the definition of the Educational Service.

(6) No more than six (6) positions, the occupants of which shall be appointed by the Chief of Police;

(7) No more than six (6) positions, the occupants of which shall be appointed by the Chief of the Fire and Emergency Medical Services Department;

(8) No more than nine (9) positions, the occupants of which shall be appointed by the Criminal Justice Coordinating Council;

(9) No more than eleven (11) positions, the occupants of which shall be appointed by the District of Columbia Sentencing Commission;

(10) The State Board of Education may appoint staff to serve an administrative role for the elected members of the Board; provided, that funding is available and that at least three (3) full-time equivalent employees are appointed to the Office of Ombudsman for Public Education; and

(11) Not more than two (2) positions in each other personnel authority not expressly designated in this subsection, provided that the occupants of each of these positions shall be appointed by the appropriate personnel authority.

904.2 The following shall apply to professional, scientific, or technical expert and consultant positions listed in § 904.1(d)(3):

(a) Persons serving in expert or consultant positions may be offered paid or unpaid employment; shall be qualified to perform the duties of the position and the positions shall be bona-fide expert or consultant positions, as these terms are defined in § 999;

(b) Experts and consultants may be employed under intermittent or temporary appointments not-to-exceed one (1) year; except that appointments may be renewed from year to year without limit on the number of reappointments, provided there is continued need for the services;

(c) Hiring an expert or consultant to do a job that can be performed as well by regular employees, to avoid competitive employment procedures or District Service pay limits, shall be considered improper uses of experts and consultants; and

(d) Persons employed as experts and consultants shall be subject to the domicile requirements specified in § 909 and Chapter 3 of this subtitle.

904.3 A statutory or policy position as described in §§ 904.1(a) or 904.1(f)(1) through (10 occupied by a person holding an appointment to an attorney position shall be treated solely as a statutory or policy position.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 36 DCR 7931 (November 17, 1989); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 61 DCR 7855 (August 1, 2014); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015); as amended by the Fiscal Year 2024 Budget Support Act of 2023, effective September 6, 2023 (D.C. Law 25-50; 70 DCR 010366 (July 28, 2023). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 904

6-B DCMR § 905 METHOD OF MAKING EXCEPTED SERVICE APPOINTMENTS

905.1 A person may be appointed to any position in the Excepted Service by the appropriate personnel authority non-competitively, provided that the individual appointed is well qualified for the position.

905.2 An appointment to a statutory position will be made as specified in the law authorizing the position.

905.3 An appointment to a special category position under a federal grant-funded program shall be either for an indefinite period, or a time-limited appointment reflecting the duration of the grant.

905.4 An appointment to a policy position is subject to the following provisions:

(a) Each person appointed to a policy position shall perform duties that include policy determination, or that are of a confidential or policy advisory character;

(b) Each personnel authority authorized to make appointments to policy positions shall designate policy positions and shall cause such designations, together with the position qualifications, standards, and salary range, to be published in the D.C. Register;

(c) The position shall become a policy position in the Excepted Service automatically upon being filled by a policy appointment, and shall remain an Excepted Service position only for so long as filled by a policy appointment. If a Career or Educational Service employee holds a position converted to an Excepted Service position, and the employee is not afforded or does not accept a policy appointment to that position, the employee shall have all rights and remedies available under Chapter 24 of these regulations;

(d) When a position ceases to be authorized as a policy position, by reason of a notice to that effect in the D.C. Register, the existing Excepted Service position shall be effectively abolished thirty (30) days later. If the incumbent is to be separated as a result of the abolishment, he or she shall be afforded the rights outlined in § 907.

(e) An appointment to a policy position may be either for an indefinite or time-limited period;

(f) Each personnel authority, shall within forty-five (45) days of the actual appointment and within forty-five (45) days of any change in such appointment, publish in the D.C. Register and post online for public access the names, position titles, and agency placements of all persons appointed to Excepted Service positions; and

The authority to make policy appointments may be delegated or redelegated in whole or in part by the Mayor or designated personnel authority.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 905

6-B DCMR § 906 EXCEPTED SERVICE APPOINTMENTS OF CAREER SERVICE OR EDUCATIONAL SERVICE EMPLOYEES

Any person holding a position in the Career or Educational Services may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service, to a position that would otherwise be in the Excepted Service without losing his or her existing status in the Career or Educational Service.

Before making an appointment to a position in the Excepted Service as specified in § 906.1, the appointing personnel authority shall first inform the appointee, in writing, of the conditions of employment under the appointment, and that the appointee will not lose his or her existing status in the Career Service or Educational Service, as applicable. The appointee must accept or decline the appointment in writing.

Any person tendered (offered) an appointment to a position in the Excepted Service under this section who declines or refuses to accept such appointment shall continue to be subject to the rules applicable to the service in which he or she has existing status as provided in § 906.1.

906.4 The temporary nature of an appointment under this section shall be clearly stated and recorded on the appointing personnel action or actions. This requirement may be met by specifying the anticipated duration of the appointment by including a not-to-exceed (NTE) date in the appointing personnel action(s). Additionally, the appointing personnel action(s) shall include remarks specifying all of the following:

(a) The temporary nature of the appointment to the Excepted Service position;

(b) That the appointee was informed in writing of the conditions of employment under the new appointment, and accepted the appointment;

(c) That the appointee will not lose his or her existing status in the Career or Educational Service by accepting the temporary appointment to the Excepted Service position; and

(d) That, upon termination of the temporary appointment to the Excepted Service position, the appointee is entitled to be returned to the Career or Educational Service position he or she occupied prior to the temporary assignment, or to an equivalent position.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 906

6-B DCMR § 907 EMPLOYEE RIGHTS

907.1 Appointment to the Excepted Service does not create a permanent career status.

907.2 Except as otherwise provide in this section, a person appointed to the Excepted Service shall serve at the pleasure of the appointing personnel authority; may be terminated at any time, with or without a stated reason; and does not have any right to appeal the termination.

907.3 A person serving in an Excepted Service statutory position who is appointed in accordance with a statute that provides for a term of years and is subject to removal for cause may be removed only as provided for in the applicable statute.

907.4 If the statute that provides for a term of years does not specify the removal procedure of the incumbent, the appointing authority shall satisfy the incumbent’s minimal due process rights by affording the incumbent an opportunity to present objections to the proposed action to a fair, neutral decision-maker.

907.5 Except as provided in § 907.3, when contemplating termination, the appointing personnel authority shall give the incumbent at least fifteen (15) days advance written notice of the proposed action. Though not required, the notice may explain the reason for the termination.

907.6 The fifteen (15) day (15-day) notice is not required for termination on the date previously anticipated for termination, such as in the case of an employee serving under an Excepted Service appointment with a not-to-exceed (NTE) date or other date of anticipated termination included on the appointing personnel action.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 36 DCR 7931 (November 17, 1989); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 907

6-B DCMR § 908 RESTRICTIONS ON SUBSEQUENT APPOINTMENT TO THE CAREER, MANAGEMENT SUPERVISORY OR EDUCATIONAL SERVICES

908.1 In accordance with § 902 of the CMPA (D.C. Official Code § 1-609.02(b) (2012 Repl.)), and except as provided in § 908.2, an employee appointed to the Excepted Service may not be appointed to a position in the Career, Management Supervisory, or Educational Services during the period that begins six (6) months prior to a Mayoral primary election and ends three (3) months after the Mayoral general election. An Excepted Service appointee may compete for a position in the Career, Management Supervisory, or Educational Services during this time period.

908.2 Upon termination, a person holding an Excepted Service appointment pursuant to §§ 904.1(a) or 904.1(f)(1) through (10) of this chapter who has Career Service or Educational Service status may retreat, at the discretion of the terminating personnel authority, within three (3) months of the effective date of the termination, to a vacant position in such service for which he or she is qualified.

908.3 The provisions of §§ 908.1 and 908.2 shall not apply to employees of the Council of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 36 DCR 7931 (November 17, 1989); as amended by Final Rulemaking published at 39 DCR 6171 (August 21, 1992); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 61 DCR 7855 (August 1, 2014); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 908

6-B DCMR § 909 RESIDENCY AND DOMICILE REQUIREMENTS

909.1 The statutory residency and domicile requirements for the Excepted Service, and the provisions of Chapter 3 of these regulations, are applicable to all persons appointed to positions in the Excepted Service.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 909

6-B DCMR § 910 SPECIAL CONSIDERATION FOR PLACEMENT AND ADVANCEMENT

910.1 The following employees shall be referred to selecting officials in subordinate agencies for interview by management and special consideration for placement and advancement for Excepted Service positions they apply for:

(a) Graduates of the District government’s Certified Public Manager Program; and

(b) Persons appointed as Capital City Fellows.

910.2 As applicable, if appointed, any employee as described in § 910.1 above shall be required to comply with the residency and domicile requirements for the Excepted Service pursuant to § 906 of the CMPA (D.C. Official Code § 1-609.06 (2012 Repl.)).

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 39 DCR 6171 (August 21, 1992); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 56 DCR 2723 (April 10, 2009); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 910

6-B DCMR § 911 PRE-EMPLOYMENT TRAVEL, RELOCATION, AND TEMPORARY HOUSING ALLOWANCE

911.1 In accordance with § 903(g)(1)(A), (B), and (C) of the CMPA (D.C. Official Code §§ 1-609.03(g)(1)(A), (B), (C) (2012 Repl.)), an agency may pay to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position reasonable pre-employment travel expenses, relocation expenses, and a temporary housing allowance at grade level 11 or pay level ES-5, as applicable, or above. In no event shall the maximum pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or ten percent (10%) of the individual’s or appointee’s salary, whichever is less.

911.2 In accordance with § 903(g)(1)(B) of the CMPA (D.C. Official Code § 1-609.03 (g)(1)(B)), an agency may pay reasonable relocation expenses for an individual and his or her immediate family when that individual is selected for or appointed to a hard-to-fill policy position in the Excepted Service at grade level 11 or pay level ES-5, as applicable, or above, if relocation is to the District of Columbia from outside the Greater Washington Metropolitan Area, as defined in § 999.

911.3 In the case of an individual eligible for relocation expenses pursuant to § 911.2, an agency may pay a reasonable temporary housing allowance for a period not to exceed sixty (60) days for the individual and his or her immediate family.

911.4 The personnel authority may designate a position as a hard-to-fill position on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

911.5 Payment of expenses under §§ 911.2 and 911.3 of this section may only be made after the selectee or appointee signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment unless separated for reasons beyond his or her control which are acceptable to the agency head concerned.

911.6 Any expense incurred for which reimbursement is sought pursuant to this section must be supported by valid receipts or invoices, the originals of which must be submitted to the Director of the DCHR or the personnel authority with the request for reimbursement.

911.7 If an individual violates an agreement under § 911.5, the money paid by the District government for expenses will become a debt due to the District government and will be recovered by set-off against accrued pay or any other amount due the individual, in accordance with Chapter 29 of this subtitle, and by other lawful collection actions.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 911

6-B DCMR § 912 PERFORMANCE INCENTIVES AND INCENTIVE AWARDS FOR EXCEPTED SERVICE EMPLOYEES

912.1 In accordance with § 903(e) of the CMPA (D.C. Official Code § 1-609.03(e) (2012 Repl.)), a personnel authority may authorize performance incentives for exceptional service by an employee appointed to an Excepted Service policy position under § 903(a) of the CMPA (D.C. Official Code § 1-609.03(a) (2012 Repl.)).

912.2 Any performance incentive awarded under this section will be paid only once in a fiscal year, and only when the employee is subject to an annual performance contract that clearly identifies measurable goals and outcomes and the employee has exceeded contractual expectations in the year for which the incentive is to be paid.

912.3 For Excepted Service employees in agencies under the personnel authority of the Mayor, when there is no annual performance contract as described in § 912.2, the employee’s annual individual performance plan pursuant to Chapter 14 of these regulations will be considered the annual performance contract.

912.4 A performance incentive shall not exceed ten percent (10%) of the employee’s rate of basic pay. For the purposes of determining the percentage of a performance incentive, the amount of the incentive will be calculated based on the employee’s scheduled rate of basic pay during the performance rating period in which the exceptional service occurred, pursuant to Chapter 19 of these regulations. The percentage scale provided in Chapter 19, and the documentation required therein, will also apply to performance incentives pursuant to this section.

912.5 In addition to performance incentives, Excepted Service employees are eligible for incentive awards pursuant to Chapter 19 of these regulations, including Retirement Awards, but excluding the other categories of monetary awards in that chapter.

912.6 Performance incentives for Excepted Service employees shall be submitted, processed, and approved in accordance with Chapter 19 of these regulations.

912.7 A performance incentive awarded under this section will not be considered base pay for any purpose, and will be subject to the withholding of federal, District of Columbia and state income taxes, and social security taxes, if applicable. The amount of a performance incentive cannot be adjusted upward to cover these taxes.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 912

6-B DCMR § 913 SEVERANCE PAY

913.1 In accordance with § 903(f) of the CMPA (D.C. Official Code § 1-609.03(f) (2012 Repl.)), and subject to the provisions of this section, the appointing personnel authority may, in his or her discretion, provide an individual appointed to an Excepted Service policy position or an Excepted Service statutory position up to ten (10) weeks of severance pay at his or her rate of basic pay upon separation for non-disciplinary reasons, as follows:

Length of Employment Maximum Severance

Up to 6 months 2 weeks of the employee’s basic pay

6 months to 1 year 4 weeks of the employee’s basic pay

1 to 3 years 8 weeks of the employee’s basic pay

More than 3 years 10 weeks of the employee’s basic pay

913.2 The number of weeks of severance pay authorized pursuant to this section shall not exceed the number of weeks between the individual’s separation and the individual’s appointment to another position in the District government.

913.3 Severance pay shall be provided at the time of separation as a lump-sum, one-time payment, subject only to the withholdings of federal, District of Columbia and State income taxes, social security taxes, and other lawful deductions, if applicable.

913.4 Severance pay is not payable to any individual who either:

Has accepted an appointment to another position in the District government without a break in service; or

Is eligible to receive an annuity under any retirement program for employees of the District government, excluding the District retirement benefit program under § 2605 of the CMPA (D.C. Official Code § 1-626.05 (2012 Repl.)).

913.5 An individual who receives severance pay pursuant to this section, but who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, will be required to repay the amount of severance pay attributable to the period covered by such appointment. The pro-rated amount to be repaid will be based on the entire amount of the severance pay, including all required deductions, and is payable to the General Fund of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 61 DCR 7849 (August 1, 2014); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 913

6-B DCMR § 914 PERFORMANCE EVALUATION SYSTEM FOR EXCEPTED SERVICE EMPLOYEES

914.1 The performance of employees in the Excepted Service shall be evaluated utilizing the performance management system found in Chapter 14 of these regulations.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 914

6-B DCMR § 915 ATTORNEY CERTIFICATE OF GOOD STANDING FILING REQUIREMENT

915.1 In accordance with Section 881 (a) of the CMPA (D.C. Official Code § 1-608.81 (a)) (2006 Repl.), the provisions of this section are applicable to each attorney appointed in the Excepted Service at grade level 13 (or "ES-7" for Excepted Service attorneys who are compensated under the ES Schedule) or equivalent and above who is required to be a member of the D.C. Bar as a prerequisite of employment, and who is employed by:

(a) The Office of the Chief Financial Officer;

(b) Any agency, independent or subordinate, and whose duties, in whole or substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(c) Any independent agency excluded from the Legal Service, including the Housing Finance Agency, Pretrial Services Agency, Water and Sewer Authority, and Housing Authority.

915.2 Not later than December 15 of each year, or as specified in Subsections 915.18 and 915.19 of this section, each attorney as described in Subsection 915.1 of this section must file with the D.C. Department of Human Resources (DCHR) a certificate of good standing from the Committee on Admissions, D.C. Court of Appeals.

915.3 Except as specified in Subsections 915.18 and 915.19 of this section, the certificate of good standing submitted every year pursuant to this section must be dated not earlier than October 1 and not later than December 15 of the year of submission.

915.4 Each subordinate agency or independent personnel authority that employs Excepted Service attorneys subject to the filing requirement is responsible for:

(a) Notifying each agency attorney of the filing requirement every year; and

(b) Submitting a list of agency attorneys subject to the filing requirement to the Director of the DCHR every year, not later than the December 15 deadline.

915.5 Notwithstanding the procedures in Subsection 915.2 of this section, each subordinate agency or independent personnel authority may elect to submit every year to the Committee on Admissions, D.C. Court of Appeals, a consolidated listing requesting certificates of good standing (certificates) for each agency attorney subject to the filing requirement, and file the original individual certificates with the DCHR on behalf of each attorney.

915.6 A subordinate agency or independent personnel authority that elects to submit a consolidated listing as specified in Subsection 915.5 of this section is responsible for establishing internal procedures for the compilation of the consolidated listing and every year inform each attorney subject to the filing requirement of the internal procedures. Any consolidated listing submitted to the Committee on Admissions, D.C. Court of Appeals (Court) must include, at a minimum, the following:

(a) The attorney's name and bar number and, if necessary, some other identifier such as the attorney's date of admission to the D.C. Bar;

(b) A request that an individual certificate be prepared for each attorney in good standing from the names submitted in the consolidated listing; and

(c) A request that the Court specify which attorneys, from the names submitted in the consolidated listing, are not in good standing.

915.7 Any consolidated listing prepared pursuant to Subsection 915.5 of this section must be submitted to the Committee on Admissions, D.C. Court of Appeals, as soon after October 1 of each year as practicable, but not later than November 15 of each year.

915.8 Nothing in this section prevents an attorney subject to the filing requirement from individually applying for the certificate of good standing (certificate) from the Committee on Admissions, D.C. Court of Appeals, and filing the certificate directly with the DCHR by December 15 of each year.

915.9 Each subordinate agency head or independent personnel authority that elects to submit a consolidated listing to the Committee on Admissions, D.C. Court of Appeals (Court) pursuant to Subsection 915.5 of this section will provide every year to the Director, DCHR:

(a) Each original individual certificate of good standing received;

(b) The name of each attorney who is not in good standing and any documentation from the Court to that effect; and

(c) A copy of the consolidated listing submitted to the Court.

915.10 Upon receipt of the original individual certificate of good standing (certificate) from each attorney, or subordinate agency or independent personnel authority on his or her behalf, the Director of the DCHR (or his or her designee) will:

(a) File the original individual certificates in a place designated for that purpose; and

(b) In the case of an attorney who is not in compliance with the filing requirement, forward the name to the appropriate agency head.

915.11 Notwithstanding any other provision in this section, the Director, DCHR, may establish internal procedures to identify every year each attorney as described in Subsection 915.1 of this section who is subject to the filing requirement and subsequently identify any attorney who did not comply with the filing requirement.

915.12 Failure of any attorney as described in Subsection 915.1 of this section, either individually, or through his or her employing subordinate agency or independent personnel authority, to file the certificate of good standing with the DCHR by December 15 of each year, or as specified in Subsections 915.18 or 915.19 of this section, will result in forfeiture of employment.

915.13 Upon written request from an attorney subject to the filing requirement, the Director of the DCHR or independent personnel authority may grant a temporary waiver of the filing requirement to the attorney if compliance with the filing requirement by December 15 is inordinately difficult due to circumstances beyond his or her control or other good cause.

915.14 Any request for a temporary waiver of the filing requirement must be submitted by the attorney to the Director of the DCHR or independent personnel authority not later than December 1.

915.15 The Director of the DCHR or independent personnel authority will grant a temporary waiver of the filing requirement to an attorney who has exercised due diligence in applying to be waived in to the D.C. Bar from another jurisdiction but does not anticipate being waived in by December 15.

915.16 A request for temporary waiver of the filing requirement must include all of the following:

(a) The reason or reasons for the request;

(b) The date of appointment to the attorney position subject to the filing requirement;

(c) In the case of an attorney as described in Subsection 915.15 of this section, the date he or she submitted application to be waived in to the D.C. Bar; and

(d) Any appropriate or required supporting material or documentation to substantiate the request.

915.17 The Director of the DCHR or independent personnel authority will promptly determine whether to grant the request for a temporary waiver of the filing requirement and notify the attorney in writing. A notification granting the request must inform the attorney of the deadline to file prescribed in section 915.18 of this section. A notification denying the request must inform the attorney of the following:

(a) The reason or reasons for the denial of the request;

(b) That he or she has thirty (30) days from the receipt of the notification denying the request to attempt to file the certificate of good standing (certificate) with the DCHR;

(c) That he or she will be terminated at the end of the prescribed thirty-day (30-day) period if unable to file the certificate with the DCHR within the prescribed period; and

(d) The effective date of termination in the event that he or she is unable to file the certificate with the DCHR within the prescribed period.

915.18 An attorney granted a temporary waiver of the filing requirement (waiver) must file a certificate of good standing (certificate) with the DCHR within thirty (30) days of being admitted to the D.C. Bar. A certificate filed pursuant to this subsection must not be dated earlier than the date of the written request for the waiver submitted by the employee.

915.19 When a personnel action placing an employee in an attorney position subject to the filing requirement, such as in the case of a promotion to a grade 13 (or "ES-7" for Excepted Service attorneys who are compensated under the ES Schedule) or equivalent, becomes effective on or after the December 15 deadline, the attorney will file a certificate of good standing (certificate) with the DCHR within thirty (30) days of the effective date of such personnel action. A certificate filed pursuant to this subsection must not be dated earlier than the effective date of the personnel action that placed the employee in the attorney position subject to the filing requirement.

915.20 Upon establishing the effective date of a personnel action as described in section 915.19 of this section and processing the action, the Director of the DCHR or independent personnel authority will promptly inform the affected employee, in writing, of the deadline to file prescribed in Subsection 915.19 of this section.

915.21 Each subordinate agency or independent personnel authority will provide a written notice of the intent to terminate employment to any agency attorney who is not in compliance with the filing requirement (requirement), except that in the case of a denial of a request for a temporary waiver of the requirement, notification will be accomplished as specified in Subsection 915.17 of this section. The notice will inform the attorney:

(a) That he or she has thirty (30) days from the receipt of the notice to attempt to file the certificate of good standing (certificate) with the DCHR;

(b) That he or she will be terminated at the end of the prescribed thirty-day (30-day) period if unable to file the certificate with the DCHR within the prescribed period; and

(c) The effective date of termination in the event that he or she is unable to file the certificate with the DCHR within the prescribed period.

915.22 Each appointee to an attorney position subject to the filing requirement (requirement) will be notified by the appropriate personnel authority at the time of hire, in writing, of the requirement, and that failure to comply by December 15 of each year or as specified in Subsections 915.18 and 915.19 of this section, as applicable, will result in forfeiture of employment.

915.23 Not later than March 1 of each year after the December 15 filing deadline for the preceding year, the Director of the DCHR will publish in the D.C. Register the list of attorneys who have not met the filing requirement.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 50 DCR 10565 (December 12, 2003); as amended by Final Rulemaking published at 51 DCR 10416 (November 12, 2004); as corrected by Errata Notice published at 51 DCR 10934 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 915

6-B DCMR § 916 [RESERVED]

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 916

6-B DCMR § 917 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 917

6-B DCMR § 918 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 918

6-B DCMR § 919 [RESERVED]

History

• SOURCE: Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 919

6-B DCMR § 920 PROMOTION TO BATTALION FIRE CHIEF AND DEPUTY FIRE CHIEF POSITIONS – FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT

920.1 Section 2 (b) of the Omnibus Public Safety Agency Reform Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-402(b) (2012 Repl.)), provides that the Fire Chief shall recommend criteria for Excepted Service appointments to Battalion Fire Chief and Deputy Fire Chief that addresses the areas of education, experience, physical fitness, and psychological fitness. The criteria established, which became effective on October 1, 2007, are specified in §§ 920.2 through 920.4.

920.2 Promotion to Battalion Fire Chief will be accomplished in accordance with the following:

(a) A Captain will be eligible for consideration for promotion to the rank of Battalion Fire Chief after having served as Captain for at least one (1) year;

(b) Each candidate must be certified to the Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

(1) Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

(2) A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

(3) A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science.

(c) A candidate hired after December 31, 1980 will be ineligible for promotion to the rank of Battalion Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

(d) Each candidate will be required to successfully complete a promotional physical at the time of selection.

920.3 Promotion to Deputy Fire Chief will be accomplished in accordance with the following:

(a) A Battalion Fire Chief will be eligible for consideration for promotion to the rank of Deputy Fire Chief after having served as Battalion Fire Chief for at least two (2) years.

(b) Each candidate must be certified to Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

(2) A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

(3) A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science.

(c) A candidate hired after December 31, 1980 will be ineligible for promotion to the rank of Deputy Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

(d) Each candidate will be required to successfully complete a promotional physical at the time of selection.

920.4 The selection process for the Battalion Fire Chief and Deputy Fire Chief is as follows:

(a) The Fire Chief is authorized to select for promotion any of the members who meet the minimum qualification standards listed in §§ 920.2 and 920.3.

(b) The Fire Chief will submit the final nomination of names to the Mayor, together with any other information as the Mayor may require.

History

• SOURCE: Final Rulemaking published at 53 DCR 3261 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 920

6-B DCMR § 921 APPOINTMENT TO INSPECTOR, COMMANDER AND ASSISTANT CHIEF OF POLICE IN THE EXCEPTED SERVICE

921.1 D.C. Official Code § 5-105.01(b)(1)(2) (2012 Repl.), provides that the Chief of Police is vested with the authority to assign to duty and to appoint all officers and members of the Metropolitan Police Department (Department) in accordance with the following.

Consistent with the duty to maintain a force of the highest possible quality, the Chief of Police may appoint qualified candidates from within the Department, as well as seek and appoint qualified candidates from outside the Department, to the positions of Inspector, Commander and Assistant Chief of Police.

(b) The Chief of Police must consider a candidate's broad knowledge of law enforcement techniques and principles, including his or her knowledge of management principles and employee development in a law enforcement setting.

(c) The Chief of Police shall consider the disciplinary record of all candidates for appointment under this section.

921.2 Appointment to Inspector shall be in accordance with the following:

(a) Whenever one or more appointments are to be made to the rank of Inspector, the Chief of Police may make such selection(s) from a register containing the names of all eligible candidates.

(b) Prior to appointment to the position of Inspector, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in Department General Orders (GO) 100.21, Physical Examinations.

921.3 Appointment to Commander shall be in accordance with the following:

(a) The position of Commander connotes a candidate who meets the qualifications outlined in § 921.1 (b).

A Commander is vested with authority to establish a command system which most effectively utilizes the human and material resources available to him or her and best fulfills the mission of the Department.

(c) Prior to appointment to the position of Commander, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in Department General Orders (GO) 100.21, Physical Examinations.

921.4 Appointment to Assistant Chief of Police shall be in accordance with the following:

(a) Whenever one or more appointments are to be made to the rank of Assistant Chief, the Chief of Police may make selection(s) from a register containing the names of all eligible candidates.

(b) Prior to appointment to the position of Assistant Chief, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in Department General Orders (GO) 100.21, Physical Examinations.

921.5 Inspectors, Commanders, and Assistant Chiefs of Police, appointed by the Chief of Police pursuant to D.C. Official Code § 1-609.03 are Excepted Service employees. Inspectors, Commanders, and Assistant Chiefs of Police, selected by the Chief of Police from the force pursuant to D.C. Official Code §§ 5-105.01 and 1-608.01 are Career Service employees, who serve in such positions at the pleasure of the Chief of Police, and may be returned to their previous rank/position at the discretion of the Chief of Police.

History

• SOURCE: Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 921

6-B DCMR § 999 DEFINITIONS

999.1 The following definitions apply to this chapter:

Administrative hearing officer – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged in adjudicatory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Administrative law judge – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutory or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Attorney – a position that is classified as part of Series 905, except for a position in the Legal Service.

Biweekly pay period – the two-week (2-week) period for which an employee is scheduled to perform work.

Break in service – a period of one (1) workday or more between separation and reemployment.

Consultant – for the purposes of § 904.2, the term “consultant” means a person who serves as an advisor to an officer or instrumentality of the District government, as distinguished from an officer or employee who carries out the agency’s duties and responsibilities. A consultant gives views or opinions on problems or questions presented by the agency, but neither performs nor supervises performance of operating functions. The person is an expert in the field in which he or she advises, but need not be a specialist. A person’s expertness may consist of a high order of broad administrative, professional, or technical experience indicating that his or her ability and knowledge make his or her advice distinctively valuable to the agency.

Consultant position – for the purposes of § 904.2, the term “consultant position” means a position requiring the performance of purely advisory or consultant services, not including performance of operating functions.

Days – calendar days, unless otherwise specified.

Excepted Service – positions identified as being statutory, transitional, public employment, special category, training, or policy positions, and authorized by §§ 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01 through 1-609.08 (2012 Repl.)). These positions are not in the Career, Educational, Management Supervisory, Legal or Executive Service.

Expert – for the purposes of § 904.2 of this chapter, the term “expert” means a person who performs or supervises regular duties and operating functions and shall include the following:

A person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field; and

(b) Certain members of boards or commissions.

Expert position – for the purposes of § 904.4(c), the term “expert position” means: (a) a position that, for satisfactory performance, requires the services of an expert in the particular field, as defined above, and with duties that cannot be performed satisfactorily by someone not an expert in that field; or (b) a position that is occupied by members of certain boards and commissions.

Greater Washington Metropolitan Area – the Consolidated Metropolitan Statistical Area, which includes Washington, D.C. (the “Washington-Baltimore, DC-MD-VA-WV CMSA”), as defined by the Office of Management and Budget June 30, 1998 (revised November 3, 1998), and which consists of the following:

The Baltimore, MD Primary Metropolitan Statistical Area (PMSA), consisting of Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Queen Anne’s County, and Baltimore City;

(b) The Hagerstown, MD PMSA, consisting of Washington County; and

(c) The Washington, DC-MD-VA-WV PMSA, consisting of the District of Columbia; Calvert County, MD; Charles County, MD; Frederick County, MD; Montgomery County, MD; Prince George’s County, MD; Arlington County, VA; Clarke County, VA; Culpeper County, VA; Fairfax County, VA; Fauquier County, VA; King George County, VA; Loudoun County, VA; Prince William County, VA; Spotsylvania County, VA; Stafford County, VA; Warren County, VA; Alexandria City, VA; Fairfax City VA; Falls Church City, VA; Fredericksburg City, VA; Manassas City, VA; Manassas Park City, VA; Berkeley County, WV; and Jefferson County, WV.

Hard-to-fill position – a position designated as a hard-to-fill position pursuant to§ 911.4 of this chapter on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.

Intermittent employment – for the purposes of § 904.2, the term “intermittent employment” means occasional or irregular employment on programs, projects, problems, or phases thereof, requiring intermittent services. If at any time it is determined that the employee’s work is no longer intermittent in nature, the person’s employment must be changed immediately.

Performance contract – an agreement between an employee in an Excepted Service policy position under § 903(a) of the CMPA (D.C. Official Code § 1-609.03(a) (2012 Repl.)) and the personnel authority that may be entered into and that clearly identifies measurable goals and outcomes.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in § 401 of the CMPA (D.C. Official Code §§ 1-604.01 et seq. (2012 Repl.)).

.

Rate of basic pay – except as otherwise provided, the pay rate fixed by law, Wage Order, or Mayor's Order for the position held by an employee before any deductions and exclusive of additional pay of any kind, except as otherwise provided.

Time-limited appointment – an appointment with a specific time limitation consistent with the anticipated duration of the programs, projects, problems, or phases thereof, requires such service.

History

• SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 50 DCR 10565 (December 12, 2003); as amended by Final Rulemaking published at 51 DCR 10416 (November 12, 2004); ); as corrected by Errata Notice published at 51 DCR 10934 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 999

6-B10 EXECUTIVE SERVICE

6-B DCMR § 1000 EXECUTIVE SERVICE

1000.1 The Executive Service is established within the District government to ensure that each subordinate agency head is of the highest quality, is responsible for the effective and efficient management of subordinate agencies, and is responsive to the needs of the citizens and the goals of the District of Columbia government.

1000.2 Appointments to Executive Service positions shall be made by the Mayor as provided by §§ 1051 through 1063 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-610.51 et seq. (2012 Repl.)).

1000.3 Employees appointed to the Executive Service shall serve at the pleasure of the Mayor, except as otherwise provided for by statute.

1000.4 The provisions of this chapter shall apply to employees appointed to the Executive Service by the Mayor, including individuals appointed to serve as Chief of Police of the Metropolitan Police Department, Fire Chief of the Fire and Emergency Medical Services Department, and Chancellor of the District of Columbia Public Schools, except as otherwise provided for by statute.

1000.5 Employment in the Executive Service shall comply with the Immigration Reform and Control Act of 1986, as amended, which requires that employers hire only citizens and nationals of the United States and aliens authorized to work and to verify the identity and employment eligibility of all employees hired after November 6, 1986.

1000.6 Except in the case of an individual who meets the following criteria, any person who accepts an appointment or is hired to fill a position in the Executive Service on or after October 1, 2002 shall become a domiciliary of the District of Columbia within one hundred eighty (180) days of the effective date of appointment and shall maintain District of Columbia domicile for the duration of appointment:

(a) Any person who was an employee of the District of Columbia government on December 31, 1979, and who is still employed by the District of Columbia government without having had a break in service of one (1) workday or more since that date; or

(b) Pursuant to the provisions of § 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (Pub.L. 98-621; 98 Stat. 3376; 24 U.S.C. § 225e(b)), any former employee of the U.S. Department of Health and Human Services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has not had a break in service since that date.

1000.7 Except as provided in Subsections 1000.6(a) and (b) of this section, any employee in the Executive Service who was hired prior to October 1, 2002, and who was required to be or become a bona fide resident of the District of Columbia within one hundred eighty (180) days of appointment and maintain such residency for the duration of appointment or forfeit employment shall continue to be bound by the residency requirement that was in effect before October 1, 2002.

1000.8 Failure to become a domiciliary of the District of Columbia within the required period of time and to maintain District of Columbia domicile pursuant to this section shall result in forfeiture of employment.

1000.9 Notwithstanding the provisions of Subsections 1000.6 through 1000.8 of this section, a person nominated to serve in an acting or interim capacity in the Executive Service shall not become subject to the domicile requirement until after confirmation by the Council and promulgation of a Mayor’s Order or a personnel action appointing him or her to the Executive Service position. Specifically, the person shall become a domiciliary of the District of Columbia within one hundred eighty (180) days from the date specified in the Mayor’s Order as the date of appointment, or from the effective date of the personnel action processed after Council confirmation to appoint him or her to the position, whichever action occurs first.

1000.10 The Director of the D.C. Department of Human Resources (Director of the DCHR) shall inform each employee subject to the provisions of Subsection 1000.9 of this section, in writing, of the exact date by which he or she shall meet the domicile requirement.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1000

6-B DCMR § 1001 EXECUTIVE SERVICE PAY PLAN

The Executive Service Pay Schedule (“DX Schedule”) is divided into five (5) pay levels and is the basic pay schedule for positions in the Executive Service.

1001.2 The Director of the DCHR shall provide relevant criteria for consideration by the Mayor in designating the appropriate pay level within the DX Schedule for each position in the Executive Service. Criteria shall include, but not be limited to, the following:

Agency budget characteristics;

Agency workforce characteristics;

Complexity of agency mission and functions; and

(d) Desired qualifications for, or the impact of the person on, the position.

1001.3 A person appointed to a position in the Executive Service shall be appointed at the pay level on the DX Schedule designated for that position, and shall receive a salary set at any amount within the salary range that the Mayor determines to be appropriate.

1001.4 Any individual appointed to the position of Chief of Police of the Metropolitan Police Department, Fire Chief of the Fire and Emergency Medical Services Department, Chief Medical Examiner of the Office of the Chief Medical Examiner, or Chancellor of the District of Columbia Public Schools after February 24, 2012, shall be subject to compensation within the limits of the DX Schedule.

1001.5 Any individual appointed to the position of Director, Department of Forensic Science after June 19, 2013, shall be subject to compensation within the limits of the DX Schedule.

1001.6 The Mayor, at his or her sole discretion, may change the salary of any person holding an appointment in the Executive Service at any time to any other salary within the salary range for the level occupied.

1001.7 The salary of an Executive Service employee who is temporarily assigned to a position at a higher or lower level in the DX Schedule shall be set, at the discretion of the Mayor, at any salary within the salary range of the level to which the employee is temporarily assigned or at a salary within the salary range of the level of the employee’s regular Executive Service position.

1001.8 A person paid from the DX Schedule shall not be entitled to premium pay.

1001.9 A person holding an appointment in the Executive Service on the effective date of this section shall continue to be paid his or her existing salary until the Mayor effects a personnel action establishing a salary within the salary range for the designated level of the position on the DX Schedule.

1001.10 The Director of the DCHR shall publish procedures to implement this section, including the level designated by the Mayor for each Executive Service position.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1001

6-B DCMR § 1002 SUBSEQUENT APPOINTMENTS

1002.1 Except as provided in Subsection 1002.2 of this section, no person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one (1) year immediately following his or her separation from the Executive Service.

1002.2 Upon termination from the Executive Service, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor and in such service in which he or she has status, within three (3) months, to a vacant position for which he or she is qualified.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1002

6-B DCMR § 1003 PRE-EMPLOYMENT TRAVEL AND RELOCATION EXPENSES AND TEMPORARY HOUSING ALLOWANCE

1003.1 An agency may pay an individual reasonable travel expenses, up to a maximum of five thousand dollars ($5,000), incurred incidental to pre-employment interviews held for the purpose of ascertaining his or her qualifications for a position in the Executive Service.

1003.2 An agency may pay reasonable relocation expenses for the individual and his or her immediate family when the individual is selected for or appointed to a position in the Executive Service, if that relocation is to the District of Columbia from outside the Greater Washington Metropolitan Area.

1003.3 In the case of an individual eligible for reasonable relocation expenses pursuant to Subsection 1003.2 of this section, an agency may pay a reasonable temporary housing allowance for a period not to exceed sixty (60) days for the individual and his or her immediate family.

1003.4 Payment of expenses under Subsections 1003.2 and 1003.3 of this section may only be made after the selectee or appointee signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment, unless separated for reasons beyond his or her control that are acceptable to the Mayor.

1003.5 Any expense incurred for which reimbursement is sought pursuant to this section must be supported by a valid receipt or invoice, the original of which must be submitted with the request for reimbursement.

1003.6 If an individual violates an agreement under Subsection 1003.4 of this section, the money paid by the District government for expenses shall be a debt due to the District government and shall be recoverable by set-off, in accordance with Chapter 29 of these regulations, against accrued pay or any other amount due the individual.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1003

6-B DCMR § 1004 EMPLOYMENT CONTRACT

1004.1 Pursuant to § 1064 of the CMPA (D.C. Official Code § 1-610.64 (2012 Repl.)), the Mayor shall not enter into an employment contract with a subordinate agency head that contains terms and conditions of employment that are inconsistent with existing laws.

1004.2 If the Mayor enters into an employment contract with a subordinate agency head, the employment contract shall be posted on the DCHR’s website within thirty (30) days of signing. The posting of the contract is subject to relevant exemptions pursuant to § 2-534 (D.C. Official Code § 1-610.64 (2012 Repl.)) and required disclosures pursuant to § 2-536 (D.C. Official Code § 1-610.64 (2012 Repl.)).

1004.3 An employment contract, if any, with a subordinate agency head shall be submitted to the Council with the transmittal of the nomination of the subordinate agency head.

History

• SOURCE: Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1004

6-B DCMR § 1005 PERFORMANCE CONTRACT

1005.1 The Mayor shall set performance expectations and goals for each subordinate agency head in a written annual performance contract. The performance contract shall outline agency-specific and operational goals, with a corresponding timeline for accomplishment of each goal. Both the Mayor and the subordinate agency head shall sign the annual performance contract.

1005.2 Each subordinate agency head shall be evaluated on an annual basis on the achievement of the performance expectations and goals in the performance contract for that year.

1005.3 The performance rating period for each subordinate agency head shall be from the beginning of each fiscal year to the end of the fiscal year.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 50 DCR 11078 (December 26, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1005

6-B DCMR § 1006 PERFORMANCE INCENTIVES

1006.1 Pursuant to § 1057 of the CMPA (D.C. Official Code § 1-610.57 (2012 Repl.)), the Mayor may authorize performance incentives for exceptional service by a subordinate agency head.

1006.2 A performance incentive may be paid only once in a fiscal year, and only when the agency head is subject to an annual performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is to be paid.

1006.3 The amount of a performance incentive shall be determined by the Mayor and shall not exceed ten percent (10%) of the employee’s rate of basic pay in any year.

1006.4 A performance incentive pursuant to this section shall be approved as specified in Subsection 1006.6 of this section.

1006.5 A performance incentive granted under this section shall not be considered base pay for any purpose, and shall be subject to the withholdings of federal, District of Columbia, and State income taxes, and social security taxes, if applicable. The amount of a performance incentive shall not be adjusted upward to cover these taxes.

1006.6 Performance incentives pursuant to this section shall be approved in accordance with procedures established by the Director of the DCHR. The procedures shall provide for the following approval authorities, which may be further limited by written instruction from the Mayor when deemed to be in the best interests of the District government:

(a) The Mayor may approve performance incentives exceeding two thousand dollars ($2,000) for subordinate agency heads (not including the Director of the DCHR) as specified in Subsection 1006.6(c) of this section.

The Mayor may grant a performance incentive to the Director of the DCHR after review and recommendation by the City Administrator.

(c) To advise the Mayor in reviewing and recommending performance incentives for subordinate agency heads (excluding the Director of the DCHR), the Mayor shall appoint a committee comprised of all Deputy Mayors, the Mayor’s Chief of Staff, the City Administrator, and the Director of the DCHR (or his or her designee). The committee shall meet at least once every year to discuss annual performance incentives for subordinate agency heads.

History

• SOURCE: Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1006

6-B DCMR § 1007 ADDITIONAL INCOME ALLOWANCE FOR MEDICAL OFFICERS

1007.1 Pursuant to § 1056 of the CMPA (D.C. Official Code § 1-610.56 (2012 Repl.)), at the discretion of the Mayor, a subordinate agency head who is required to hold a medical degree and who enters into a service agreement, may be paid an additional income allowance of up to fifteen percent (15%) of the maximum rate of pay for the level held.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1007

6-B DCMR § 1008 SEPARATION PAY

1008.1 Pursuant to § 1058 of the CMPA (D.C. Official Code § 1-610.58 (2012 Repl.)), at the discretion of the Mayor and subject to the provisions of this section, a subordinate agency head may receive separation pay of up to twelve (12) weeks upon separation from District government service, provided that the agency head has been employed by the District government in the position from which separating for at least one (1) year prior to separation. Any separation pay granted to a subordinate agency head who has been employed by the District government for less than one (1) year prior to separation shall not exceed four (4) weeks of his or her basic pay.

1008.2 The number of weeks of separation pay authorized pursuant to this section shall not exceed the number of weeks between the individual’s separation and the individual’s appointment to another position in the District government.

1008.3 Separation pay, if authorized pursuant to Subsection 1008.1 of this section, shall be provided at the time of separation from the District government as a lump-sum, one-time payment, subject only to the withholdings of federal, District of Columbia, and State income taxes, and social security taxes, if applicable.

1008.4 Separation pay shall not be payable to any individual who:

Accepts an appointment to another position in the District government without a break in service; or

Is eligible to receive an annuity under any retirement program for employees of the District government, excluding the District retirement program under § 2605 of the CMPA (D.C. Official Code § 1-626.05 (2012 Repl.)).

1008.5 An individual who receives separation pay pursuant to this section, and who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, shall be required to repay the amount of separation pay attributable to the period covered by such appointment. The pro-rated amount to be repaid shall be based on the entire amount of the separation pay, including all deductions for taxes, etc., and shall be paid to the agency that made the separation payment.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1008

6-B DCMR § 1009 UNIVERSAL LEAVE

1009.1 An employee appointed on or after January 2, 1999 without a break in service from another position in the District government to serve in an acting or interim capacity in an Executive Service position shall not become subject to the provisions of this section until confirmation by the Council and promulgation of the Mayor’s Order appointing him or her to the Executive Service position, whereupon applicability of this section shall become effective as of the date specified by Mayor’s Order as the effective date of that appointment.

1009.2 Each Executive Service employee shall have a universal leave account.

1009.3 On the first pay period of the leave year, each individual shall have his or her universal leave account credited with two-hundred eight (208) hours of universal leave.

1009.4 Except as provided in Subsection 1009.5 of this section, each full biweekly pay period represents eight (8) hours of accrued universal leave.

1009.5 Each Executive Service employee appointed after the first pay period of the leave year shall have his or her leave account credited with universal leave on a pro rata basis.

1009.6 An Executive Service employee who initially enters on duty on any workday of a biweekly pay period shall receive credit for the entire biweekly pay period for purpose of crediting universal leave.

1009.7 Universal leave provided by this chapter shall be used on days on which an Executive Service employee would otherwise work and receive pay and shall be exclusive of official holidays and non-workdays established by statute or administrative order.

1009.8 There shall be no charge to universal leave for absences of less than two (2) hours.

1009.9 An Executive Service employee may carry over not more than forty (40) hours of unused universal leave for use in succeeding years. All other unused leave shall be forfeited at the end of the leave year.

1009.10 Upon separation, an Executive Service employee shall be paid for any universal leave remaining to his or her credit (less a pro-rated amount representing the portion of the universal leave that would be creditable for the remainder of the year).

1009.11 Payment for leave upon separation from the Executive Service as provided in Subsection 1009.10 of this section shall be at the employee’s rate of pay at the time of separation.

1009.12 Except as provided in Subsection 1009.14 of this section, each employee who was in the Executive Service on or before January 2, 1999 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted.

1009.13 The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to Subsection 1009.12 of this section, payable at the rate of pay in effect on the last day of the last pay period of the 1998 leave year.

1009.14 Each employee appointed without a break in service to a position in the Executive Service from another position in the District government on or after October 21, 1998 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted.

1009.15 The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to Subsection 1009.14 of this section, payable at the rate of pay in effect immediately before his or her appointment to the Executive Service.

1009.16 Upon separation, an Executive Service employee shall be paid for any annual leave remaining in the annual leave escrow account.

1009.17 Sick leave credit of an Executive Service employee that was accrued under § 1203(j) of the CMPA (D.C. Official Code § 1-612.03(j) (2012 Repl.)) shall be held in a sick leave escrow account and may be used at the discretion of the employee until exhausted.

1009.18 Any balance remaining in a sick leave escrow account at the time of retirement of an Executive Service employee under the U.S. Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code) or the Police and Fire Retirement System (D.C. Official Code §§ 5-701 et seq. (2012 Repl.)) shall be available for use as additional service credit under the provisions of the applicable retirement system.

1009.19 When an employee elects to use leave from either the annual leave escrow account or the sick leave escrow account, such usage shall only be charged for absences of more than two (2) hours.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1009

6-B DCMR § 1010 RETIREMENT BENEFITS

1010.1 An employee first hired after September 30, 1987, may elect to participate in the District’s defined contribution plan or may elect to have the funds that would otherwise be contributed by the District under the defined contribution plan directed to another 401(a) retirement plan.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); and as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1010

6-B DCMR § 1011 LIFE INSURANCE BENEFITS

1011.1 In addition to life insurance coverage provided in Chapter 22 of these regulations, Executive Service employees may receive additional coverage not to exceed twice the rate of the employee’s basic pay. The cost of this coverage shall be at the District government’s expense.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1011

6-B DCMR § 1012 DISABILITY INCOME PROTECTION PROGRAM [RESERVED]

History

• SOURCE: Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1012

6-B DCMR § 1099 DEFINITIONS

1099.1 When used in this chapter, the following terms shall have the meaning ascribed:

Executive Service – except as modified by § 1009.1 for purposes of § 1009, any subordinate agency head position under the administrative control of the Mayor, to which the Mayor is authorized to appoint executives in accordance with §§ 1051 through 1063 of the CMPA (D.C. Official Code §§ 1-610.51 et seq. (2012 Repl.)).

Greater Washington Metropolitan Area – the Consolidated Metropolitan Statistical Area which includes Washington, D.C. (the “Washington-Baltimore, DC-MD-VA-WV CMSA”), as defined by the Office of Management and Budget June 30, 1998 (revised November 3, 1998), and which consists of the following:

(a) The Baltimore, MD Primary Metropolitan Statistical Area (PMSA), consisting of Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Queen Anne’s County, and Baltimore city;

(b) The Hagerstown, MD PMSA, consisting of Washington County; and

(c) The Washington, DC-MD-VA-WV PMSA, consisting of the District of Columbia; Calvert County, MD; Charles County, MD; Frederick County, MD; Montgomery County, MD; Prince George’s County, MD; Arlington County, VA; Clarke County, VA; Culpeper County, VA; Fairfax County, VA; Fauquier County, VA; King George County, VA; Loudoun County, VA; Prince William County, VA; Spotsylvania County, VA; Stafford County, VA; Warren County, VA; Alexandria city, VA; Fairfax city VA; Falls Church city, VA; Fredericksburg city, VA; Manassas city, VA; Manassas Park city, VA; Berkeley County, WV; and Jefferson County, WV.

Performance contract – an agreement between an agency head and the Mayor or the City Administrator that may be entered into and that clearly identifies measurable goals and outcomes.

Pre-employment travel expenses – expenses allowed for an individual pursuant to § 1003.1, which may include such items as hotel accommodations, travel (commercial carrier, privately owned vehicle, etc.), and a per diem allowance.

Relocation expenses – expenses allowed for an individual and his or her immediate family pursuant to § 1003.2, which may include such items as transportation of family, transportation of household goods and expenses related thereto, temporary storage expenses, relocation services company, property management services, and a per diem allowance.

Subordinate agency – any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in § 301(q) of the CMPA (D.C. Official Code § 1-603.01(17) (2012 Repl.)).

Temporary housing allowance – subsistence expenses incurred by an individual and his or her immediate family while occupying lodging obtained for the purpose of temporary occupancy when authorized pursuant to § 1003.3.

History

• SOURCE: Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1099

6-B11 CLASSIFICATION AND COMPENSATION

6-B DCMR § 1100 DEFINITIONS AND APPLICABILITY

1100.1 When used in sections 1100 through 1111 of this chapter, the terms listed below shall have the meanings ascribed:

Act - The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139).

Agency - Any unit of the District of Columbia Government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule or regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia Government created or organized by the Council of the District of Columbia as an agency.

Career Service - Includes all regular District Service positions in the District of Columbia Government except positions in the Excepted, Executive or Educational Services.

Class of Positions - All positions which are sufficiently similar as to -

(a) Kind or subject matter of work;

(b) Level of difficulty and responsibility; and

(c) The qualification requirements of the work; to warrant similar treatment in personnel and pay administration.

Deputy - An individual who shares the responsibility or serves as alter ego to the Director or principal assistant in managing the total organization.

Educational Employee - An employee of the District of Columbia Board of Education or of The Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:

(a) Clerical, stenographic or secretarial positions;

(b) Custodial, building maintenance, building engineer, general maintenance or general engineering positions;

(c) Bus drivers and other drivers involved in the transportation of persons; equipment, materials or inventory;

(d) Cooks, dieticians and other positions involved in the direct planning, preparation, service and conditions of preparation and service of food;

(e) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or

(f) Positions the major duties of which consist of the supervision of employees covered in paragraphs (a) through (e) of this definition, provided, however, that this paragraph shall not be deemed to include heads of academic units at the University of the District of Columbia.

Employee - An individual employed in or under an agency.

Executive Service - Includes all subordinate agency heads whom the Mayor is authorized to appoint under Title X of the Act.

Excepted Service - Includes those positions that are incumbered or intended to be incumbered through noncompetitive hiring procedures under Title IX of the Act.

Grade - Includes all classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to: (a) level of difficulty and responsibility; and (b) level of qualification requirements of the work to warrant their inclusion within one range of rates of basic pay in the District of Columbia Government.

Head - The highest ranking executive official of an agency.

Manager - Generally, an individual employed by an agency in a position, the duties and responsibilities of which influence the policies of the agency.

Personnel Authority - An individual or organization with the authority to administer all or part of a personnel management program as provided in Title IV of the Act.

Position - The work, consisting of the duties and responsibilities, assigned to an employee.

Realignment - An action which affects the internal structure and/or functions of an agency, but which does not constitute a “Reorganization.”

Reorganization - That action which results in the transfer of, consolidation of, abolition of, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof; which reorganization is subject to adoption by legislative action, including consideration of the District of Columbia Council in accordance with the Governmental Reorganization Act of 1981.

Standard - any criterion, guideline or measure established by appropriate authority for the purpose of making objective comparisons.

Supervisor - an individual having delegated authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees.

1100.2 Sections 1100 through 1111 of this chapter apply to all persons and positions in the Career and Excepted Services.

6-B DCMR § 1101 BASIS FOR GRADING POSITIONS (CAREER AND EXCEPTED SERVICES)

The District Service Schedule (“DS”) is the basic pay schedule for positions which are divided into 18 grades of difficulty and responsibility of work.

1101.2 Grade DS-1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment -

(a) The simplest routine work in office, business or fiscal operations; or

(b) Elementary work of a subordinate technical character in a professional, scientific, or technical field.

1101.3 Grade DS-2 includes those classes of positions the duties of which are

(a) To perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or

(b) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.4 Grade DS-3 includes those classes of positions the duties of which are

(a) To perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case -

(1) Some training or experience;

(2) Working knowledge of a special subject matter; or

(3) To some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.5 Grade DS-4 includes those classes of positions the duties of which are -

(a) To perform under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case -

(1) A moderate amount of training and minor supervisory or other experience;

(2) Good working knowledge of a special subject matter or limited field or office, laboratory, engineering, scientific, or other procedure and practice; and

(3) The exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.6 Grade DS-5 includes classes of positions the duties of which are -

(a) To perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable work in a professional, scientific, or technical field, requiring in either case –

(1) Considerable training and supervisory or other experience;

(2) Broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and

(3) The exercise of independent judgment in a limited field;

(b) To perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.7 Grade DS-6 includes those classes of positions the duties of which are -

(a) To perform under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case -

(1) Considerable specialized or supervisory training and experience;

(2) Broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.8 Grade DS-7 includes those classes of positions the duties of which are -

(a) To perform, under general supervision, work of considerable difficulty and responsibility along special technical training or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case -

(1) Considerable specialized or supervisory training and experience;

(2) Comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) Under immediate or general supervision, to perform somewhat difficult work requiring -

(1) Professional, scientific, of technical training; and

(2) To a limited extent, the exercise of independent technical judgment; or

(c) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.9 Grade DS-8 includes those classes of positions the duties of which are -

(a) To perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring -

(1) Considerable specialized or supervisory training and experience;

(2) Comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.10 Grade DS-9 includes those classes of positions the duties of which are -

(a) To perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration requiring -

(1) Somewhat specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;

(2) Thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and

(3) Considerable latitude for the exercise of independent judgment

(b) With considerable latitude for the exercise of independent judgment to perform moderately difficult and responsible work, requiring -

(1) Professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and

(2) Considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or

(c) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.11 Grade DS-10 includes those classes of positions the duties of which are -

(a) To perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring -

(1) Somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;

(2) Thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and

(3) Considerable latitude for the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.12 Grade DS-11 includes those classes of positions the duties of which are -

(a) To perform, under general administrative supervision, and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring -

(1) Extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and

(2) Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;

(b) With wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.13 Grade DS-12 includes those classes of positions the duties of which are -

(a) To perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring -

(1) Extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and

(2) Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved,

(b) Under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice or administration; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.14 Grade DS-13 includes those classes of positions the duties of which are -

(a) To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized supervisory or administrative training and experience which has demonstrated leadership and marked attainments;

(b) To serve as assistant head of a major organization involving work of comparable level within a bureau;

(c) To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or

(d) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.15 Grade DS-14 includes those classes of positions the duties of which are -

(a) To perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice or administration, or in administrative, fiscal, or other specialized activities; or

(d) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.16 Grade DS-15 includes those classes of positions the duties which are -

(a) To perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and significance along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research practice, or in administration, or in administrative, fiscal or other specialized activities; or

(d) To perform consulting or other professional, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.17 Grade DS-16 includes those classes of positions the duties of which are -

(a) To perform, under general administrative direction, with unusual latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, and other specialized programs of unusual difficulty, responsibility, and significance, requiring extended training and experience which has demonstrated leadership and exceptional attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal, or other specialized activities; or

(d) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.18 Grade DS-17 includes those classes of positions the duties of which are -

(a) To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is of a high order among the whole group of positions of heads of bureaus;

(b) To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of exceptional difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated exceptional leadership and attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal or other specialized activities; or

(c) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility and requiring comparable qualifications.

1101.19 Grade DS-18 includes those classes of positions the duties of which are -

(a) To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is exceptional and outstanding among the whole group of positions of heads of bureaus;

(b) To plan and direct or to plan and execute frontier or unprecedented professional, scientific, technical, administrative, fiscal, or other specialized programs of outstanding difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated outstanding leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal or other specialized activities; or

(c) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

6-B DCMR § 1102 STANDARDS AND GUIDES FOR CLASSIFICATION

1102.1 The D.C. Office of Personnel (DCOP), after consulting with the United States Office of Personnel Management (OPM) and agencies, shall prepare special guides or standards, or adopt established OPM standards for placing positions in their proper classes, and grades.

1102.2 The DCOP may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the DCOP, shall furnish information for and cooperate in the preparation of the standards.

1102.3 In the standards, which shall be published in such form as the DCOP may determine, the DCOP shall -

(a) Define the various classes of positions in terms of duties, responsibilities, and qualification requirements;

(b) Establish the official class titles; and

(c) Set forth the grades in which the classes have been placed by the DCOP.

1102.4 The DCOP, after consulting with the agencies to the extent necessary, shall revise, supplement, or abolish such special guides or standards or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.

1102.5 The official class titles established under paragraph 1102.3(b) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.

6-B DCMR § 1103 BASIS FOR CLASSIFYING POSITIONS (THE CAREER & EXCEPTED SERVICES)

1103.1 Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.

1103.2 Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.

1103.3 Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the workload of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, and the kind, degree, and character of the supervision exercised. (Title XI, Subsections 1101(a) and (b) of D.C. Law 2-139)

6-B DCMR § 1104 CLASSIFICATION OF POSITIONS

1104.1 The implementation of these rules and regulations will be undertaken by the appropriate personnel authorities as defined in Section 406 of D.C. Law 2-139.

1104.2 The Servicing Personnel Officers and the Chief of the Executive Office of the Mayor Personnel Unit, are delegated authority vested in the Mayor for classifying all positions (including Regular Wage Service and Printing Wage Service positions) in agencies serviced by them, except the following positions:

(a) Positions for which authority is reserved by the Mayor, which are

(1) Positions over grade DS-15;

(2) Department and Office Heads and Deputies; and

(3) Positions whose incumbents report to the Mayor.

(b) Personnel positions and Expert or Consultant positions for which the Director of Personnel has been delegated specific authority.

1104.3

(a) Each Servicing Personnel Officer shall place each position within the cluster in its appropriate class and grade in conformance with accepted standards published by the U.S. Office of Personnel Management and/or special guides or standards published by the D.C. Office of Personnel or, if no published standards apply directly, consistently with published standards.

(b) When facts warrant, an agency may change a position which has been placed in a class or grade under this Section from that class or grade to another class or grade.

(c) Subject to permissible grade and pay retention benefits, these actions of an agency are the basis for pay and personnel transactions until changed by a certificate of the D.C. Office of Personnel.

6-B DCMR § 1105 WAGE SERVICE CLASSIFICATION SYSTEM

1105.1 The classification or job-grading plan for Wage Service positions is that of the Coordinated Federal Wage System which was adopted for the District of Columbia Government by Order of the Commissioner No. 68-583, dated August 23, 1968.

1105.2 The Wage Service job-grading system provides for an orderly grouping of all positions which is essential in establishing pay and in programs for recruiting, examining, placement, promotion, transfer, determining training needs, reduction in force, and performance ratings.

1105.3 Upon determination that a position is subject to classification under the Wage Service System the position shall be evaluated in accordance with appropriate job-grading standards, or if none are directly applicable, with standards for the most nearly related occupations. Printing wage service positions are evaluated in accordance with Job Evaluation Standards published by the Interdepartmental Lithographic Wage Board, (ILWB).

1105.4 The Office of Personnel Management (OPM) establishes and defines individual occupations. Generally, each occupation includes the inspector, leader and supervisory jobs and all levels of non-supervisory work. The boundaries of an occupation are determined by the set of basic skills and knowledge required to do the work. Each job family has a general occupational category designed to include lines of work characteristic of the job family but not identifiable with any specific occupation of the family, and lines of work with too few employees to merit treatment as separate occupations. The Handbook of Blue Collar Occupational Families and Series, issued by the OPM in October 1961, is the official guide for coding and identifying jobs until new codes and definitions are established.

1105.5 Servicing Personnel Officers with delegated authority shall make initial determinations regarding positions covered by this Section. Questions regarding appropriateness of coverage shall be referred to the DCOP for decision. In the event there is still disagreement on coverage, the case may be referred to the U.S. Office of Personnel Management (OPM) for final determination.

1105.6 THE REGULAR WAGE SERVICE (RWS) includes all employees of the District of Columbia Government in recognized trades or crafts or other skilled mechanical crafts, or in unskilled, semi-skilled, or skilled manual labor occupations and other employees including foremen and supervisors in positions having trade, craft, or laboring experience or knowledge as the paramount requirement.

(a) The 39 key ranking jobs listed in Part 1, OPM Job Grading System for Trades and Labor Occupation provide the framework for the 15-grade nonsupervisory structure of the Coordinated Federal Wage System. These descriptions of commonly found kinds of nonsupervisory work serve as the pegpoints for determining the relative worth of different lines of work and leaves within lines of work. They control the alignment of the grade levels in all nonsupervisory job-grading standards. (Descriptions of key ranking jobs are not to be used in lieu of standards.)

(b) The OPM initiates special studies to ensure the currency of the key ranking jobs. Changes in key ranking jobs may be made if circumstances require it.

1105.7 THE PRINTING WAGE SERVICE (PWS) includes all employees of the District of Columbia Government engaged in operation of printing equipment to accomplish lithographic processes involving platemaking, press operations, bindery assembly stripping, engraving, and photographic functions. The District of Columbia Government is an affiliate member of the Interdepartmental Lithographic Wage Board (IPWB) by letter to the District Government from the ILWB, dated October 15, 1958.

(a) The Interdepartmental Lithographic Wage Board develops and publishes standards which provide criteria for assigning grades and titles to jobs. (However, ILWB grades must be converted to the appropriate Printing Wage Service Grades.)

(b) The job evaluation standards are broken down into seven groups: Press Operating, Photographer, Film Assembly/Stripper, Platemaker, Bindery, Engraver, and Supervisory. Nonsupervisory standards summarize the job, showing typical work, typical products, and typical presses or other equipment.

1105.8 WAGE SERVICE employees in the District of Columbia Government may appeal the title, series, job family, occupational coding, or grade according to procedures established in section 1110 below. However, the Wage Service appeal must first have been adjudicated by the D.C. Office of Personnel. Detailed information regarding Wage Service appeals is found in the District Personnel Manual issued by DCOP.

1105.9 The OPM is the central coordinating and control agency for the administration of the Coordinated Federal Wage System, the system adopted by the D.C. Government. It is also the central developmental agency for elements of the system which are needed to supplement the basic system. Regulations are issued as necessary to ensure consistent practices among those agencies under the system.

1105.10 The D.C. Office of Personnel makes determinations as to coverage, applicability and procedural application of this section.

6-B DCMR § 1106 REVIEW OF CLASSIFICATION OF POSITIONS

1106.1 The D.C. Office of Personnel shall, annually, review such number of positions in each agency as will enable it to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.

1106.2 The D.C. Office of Personnel shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions.

1106.3 The D.C. Office of Personnel shall also provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations.

1106.4 When the D.C. Office of Personnel finds that a position, group, or class of positions is not placed in the proper class and grade, in conformance with published standards, or that a position, group, or class of positions for which there are no published standards is not placed in the class and grade consistent with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position, group or class or positions in the appropriate class, grade and shall certify this action to the agency.

6-B DCMR § 1107 REVOCATION AND RESTORATION OF AUTHORITY TO CLASSIFY POSITIONS

1107.1 When the D.C. Office of Personnel finds that the servicing personnel officer is not placing positions in classes and grades in conformance with or consistent with published standards, it may revoke or suspend that authority.

1107.2 After revocation or suspension, the D.C. Office of Personnel may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.

6-B DCMR § 1108 CLASSIFICATION RECORDS

1108.1 The D.C. Office of Personnel may prescribe the form in which each agency shall record the duties and responsibilities of positions and the place where these records shall be maintained.

1108.2 The D.C. Office of Personnel may interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.

6-B DCMR § 1109 POSITION CLASSIFICATION MAINTENANCE

1109.1 The D.C. Department of Human Resources (DCHR) classifies positions by occupational group, series, and grade according to similarities and differences in duties, responsibilities, and qualification requirements.

1109.2 DCHR organizes positions into occupational groups, which are major occupational categories, embracing a group of associated or related occupations. These occupational groups are then divided into one or more series, consisting of positions with similar work and qualification requirements. Each series is further divided by grade, which has an associated salary range.

1109.3 DCHR establishes policies for placement of positions in the appropriate occupational groups, series, and grade level; investigates and reviews classification decisions of independent personnel authorities; and determines the overall administration of the District government’s classification system.

1109.4 DCHR shall administer the classification system. To administer the classification system, DCHR may conduct individual desk audits, engage in representative sampling of identical additional positions, or conduct periodic reviews of positions.

1109.5 Agencies develop any needed reorganization or realignment proposals, which are then submitted to the personnel authority. These plans must include definitive position information, organizational charts, and proposed staffing patterns. The personnel authority shall review these proposals for propriety of staffing pattern, identify overlaps or duplication of functions and investigate measures to minimize any potential adverse impact on employees, such as reduction in force, downgrading, and reassignment.

1109.6 Supervisors develop position descriptions for each position, with any needed assistance from DCHR and with appropriate input from their employees. When developing position descriptions, supervisors shall use content and formatting standards published by the United States Office of Personnel as follows:

(a) For supervisory positions, the General Schedule Supervisory Guide,

(b) For hourly wage grade positions, the Federal Wage System Job Grading System, and

(c) For all other positions, the Factor Evaluation System.

History

• SOURCE: Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1109

6-B DCMR § 1110 CLASSIFICATION APPEALS

1110.1 Whenever the Director of the Department of Human Resources effectuates a classification action that affects an existing employee, the Director, or their designee, shall provide each impacted employee notice of the new classification at least fifteen (15) days prior to implementing the new position classification. The notice shall advise the employee that they:

(a) May file an appeal with the Director, and provide the directions for filing such an appeal;

(b) Shall file any such appeal no later than fifteen (15) days after receiving the notice to preserve any potential retroactive pay; and

(c) May submit with their appeal a written brief or memorandum in support of their appeal and be represented by an attorney or other individual at the employee’s expense.

1110.2 District government employees may appeal their position classification to the Director at any time. However, to preserve any potential retroactive pay, an employee shall file their appeal with the Director no more than fifteen (15) days after receiving notice of their new position classification pursuant to § 1110.1.

1110.3 Appeals under this section shall be limited to the review of:

(a) The occupational group, series, or family and resulting job title of the position;

(b) The grade of the position; and

(c) The applicable pay schedule for the position.

1110.4 The Director shall provide an employee a final decision on a classification appeal no later than forty-five (45) days from the date the employee files their appeal.

1110.5 Except when a classification decision results in a reduction in grade, the Director’s decision on a classification appeal shall be final and not subject to further administrative or judicial review.

1110.6 Classification actions resulting in a reduction in grade shall be processed pursuant to § 1614. For such actions, the notice required under § 1110.1 shall meet the requirements of § 1618. The Director shall designate the appropriate proposing and deciding officials for the adverse action.

History

• SOURCE: Final Rulemaking published at 47 DCR 2421 (April 7, 2000); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1110

6-B DCMR § 1111 GENERAL AUTHORITY OF THE DIRECTOR OF PERSONNEL

1111.1 The Director of Personnel may -

(a) Ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;

(b) Place in an appropriate class and grade a newly created position;

(c) Decide if a position is in its appropriate class and grade;

(d) Change a position from one class or grade to another class or grade when the facts warrant.

1111.2 The Office of Personnel shall certify to the agency concerned its actions under paragraphs 1111.1 (b) and (d) of this section. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative certifying, payroll, disbursing, and accounting officials.

1111.3 An affected employee, or an agency, may request at any time that the Office of Personnel exercise the authority granted to it by Subsection 1111.1, and the Office of Personnel shall act on the request in a timely manner.

6-B DCMR § 1112 EFFECTIVE DATES OF CLASSIFICATION ACTIONS OR DECISIONS GENERALLY

1112.1 An agency classification action is a determination to establish or change the title, series, grade or pay system of a position based on application of published position classification standards or guides.

1112.2 The effective date of a classification action taken by an agency shall be the date an official with properly delegated authority approves (certifies) the proposed classification. This is accomplished when the authorized official(s) signs the allocation of the position.

1112.3 The effective date of a classification action may be extended to correspond with the effective date of the personnel action when -

(a) The position is being changed to a lower grade or pay; and

(b) The employee occupying the position is eligible for retained grade or pay.

1112.4 A classification action shall be implemented by a personnel action which must occur within a reasonable period of time following the date of the classification action, except as provided in this chapter.

1112.5 If the classification action taken by an agency requires a personnel action which will result in a loss of rank, grade or pay to the occupant of the position, the agency must advise the employee, in writing, of the position action and the proposed date of the personnel action. This notice shall be issued prior to taking a personnel action, in accordance with the notice requirements for reduction in force for employees appointed on or before December 31, 1979; or the notice requirements for adverse actions for employees appointed after that date.

1112.5 Except as provided in sections 1113 through 1116, classification actions shall not be made retroactive.

6-B DCMR § 1113 REVIEW OF CLASSIFICATION DECISION

1113.1 The effective date of a personnel action implementing a classification decision made by means of a certificate issued by an appropriate authority shall not be earlier than the date of the certificate, and not later than the date of the fourth pay period following the date of the certificate, unless a subsequent date is specifically stated in the certificate.

1113.2 Except as otherwise provided by this chapter, the filing of an appeal of such a decision does not delay its effective date. However, the implementation of the certificate may be suspended when it is determined before its effective date that a review of the classification decision is warranted and suspension is desirable.

1113.3 The determination to suspend implementation may be made by -

(a) The agency/department head, or a designee, in those agencies having independent personnel authority; or

(b) By the Director of Personnel, or a designee, with respect to any classification decision in agencies under the jurisdiction of Mayor.

1113.4 Suspending the implementation of a certificate does not automatically change the effective date except when the certificate requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay.

1113.5 When the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay, the reviewing authority shall issue a new certificate if it sustains the original decision.

1113.6 Since demotions shall not be made retroactive, the effective date of the new certificate shall be not earlier than the date of the certificate, and not later than the beginning of the fourth pay period after the date of the certificate unless a subsequent date is specifically stated in the certificate.

6-B DCMR § 1114 EFFECTIVE DATE OF CLASSIFICATION APPEALS

1114.1 Subject to § 1115, the effective date of a change in the classification of a position, resulting from a classification appeal decision by the personnel authority, shall not be earlier than the date of the decision and not later than the beginning of the fourth pay period following the date of the decision, except when a subsequent date is specifically provided in the decision.

1114.2 The personnel authority may suspend the implementation of the appeal decision when it is determined before the effective date that a further review of the decision is warranted.

1114.3 Suspending the implementation shall not change the effective date of the decision except when the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to grade or pay retention.

1114.4 When the original decision requires that the grade or pay of a position be reduced and the employee is not entitled to grade or pay retention, the personnel authority, if sustaining the original decision, shall issue a new certificate and the effective date of the new certificate shall be not earlier than the beginning of the fourth pay period following the date of the new decision, unless a subsequent date is specifically stated in the new decision.

History

• SOURCE: Final Rulemaking published at 47 DCR 2421 (April 7, 2000).

6-B DCMR § 1115 RETROACTIVE EFFECTIVE DATE

1115.1 A retroactive effective date may be required if the employee is wrongfully demoted.

1115.2 The effective date of a classification appellate certificate may be retroactive only if it corrects a classification action which resulted in a loss of grade or pay.

1115.3 In order for the decision to be made retroactive, the employee must file the initial request for review with the personnel authority not later than fifteen (15) calendar days after the effective date of the reclassification action.

1115.4 If the appellate decision raises the grade of the position above the original grade, retroactivity will apply only to the extent of restoration to the original grade.

1115.5 The right to a retroactive effective date provided by this section is preserved when the appeal is filed not later than fifteen (15) calendar days after the effective date of the action taken as a result of the classification decision.

1115.6 Retroactivity shall be based only on duties and responsibilities existing at the time of demotion and shall not be based on duties and responsibilities assigned later.

1115.7 The right to a retroactive effective date provided by this section may be preserved at the discretion of the personnel authority on a showing by the employee that he or she was not notified of the applicable time limit and was not otherwise aware of it, or that circumstances beyond his or her control prevented filing an appeal within the prescribed time limit.

History

• SOURCE: Final Rulemaking published at 47 DCR 2421 (April 7, 2000).

6-B DCMR § 1116 OTHER SPECIAL PROVISIONS

1116.1 An employee who is found by competent authority to have been discriminated against in the classification of his or her position shall be reclassified as ordered by such authority.

1116.2 Unavailability of funds shall not be justification for not proceeding with timely promotion of an employee affected by a reclassification action under these regulations.

1116.3 Classification actions resulting from a realignment or reorganization are subject to the preceding requirements; provided that a personnel authority may schedule classification actions in the future, but not retroactively, to reflect the magnitude of the reclassifications required. However, when there is a major reorganization which merges two or more agencies and affects both Educational and Career or Excepted Service employees, the effective date of reclassification of Career or Excepted Service employees may be established to coincide with the effective date of the reclassification of Educational Service employees; provided that the effective date does not exceed one year before or after the date otherwise required by these regulations; and provided further that no reclassification which reduces an employee's grade or pay shall be made retroactive.

6-B DCMR § 1117 RESERVED

6-B DCMR § 1118 RESERVED

6-B DCMR § 1119 RESERVED

6-B DCMR § 1120 RESERVED

6-B DCMR § 1121 RESERVED

6-B DCMR § 1122 RESERVED

6-B DCMR § 1123 COMPENSATION COMPARABILITY SYSTEM

1123.1 Except as specifically indicated, and except for officers and members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department, §§ 1123 through 1199 apply to employees in the Career, Legal, Excepted, and Management Supervisory Services appointed under the authority of titles VIII, VIII-B, IX, and IX-A, respectively, of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq. (2001)).

1123.2 The provisions of a collective bargaining agreement shall take precedence over the provisions of these sections for those employees covered by the agreement, to the extent that there is a conflict.

1123.3 Whenever in these sections it is provided that a decision may be made or an act may be taken by the Director of Personnel, by a personnel authority, by an agency head, or by another designated official, then that authority may be delegated to his or her designee, unless specifically indicated otherwise.

1123.4 The provisions of the Fair Labor Standards Act (FLSA), as amended, shall apply.

1123.5 For the purposes of determining rates of basic pay in this chapter, a rate of basic pay established pursuant to a collective bargaining agreement and applied to a salary or rate schedule shall be deemed to be a separate salary or rate schedule.

1123.6 Compensation for an employee subject to this chapter shall be based on the principles set forth in § 1103 of the CMPA (D.C. Official Code § 1-611.03 (2001)).

1123.7 When the pay authority finds the rates of pay in local, State, and private enterprise for one (1) or more occupations to be substantially above the rates of pay of District government employees in like occupations as to handicap the District’s recruitment or retention of well-qualified individuals, the pay authority may establish higher minimum rates of basic pay for one (1) or more grades, occupational groups, or series and may make corresponding increases in all step rates of the pay range for each grade.

1123.8 Higher minimum rates as specified in § 1123.7 shall be established on a special salary or special rate schedule by a Mayor’s Order or Wage Order.

1123.9 The Director of Personnel shall conduct a periodic review of each special salary or special rate schedule to determine whether there is a continuing need for the schedule and shall revise, modify, or adjust each schedule, as appropriate.

1123.10 Whenever a personnel authority or an agency head believes higher minimum rates are necessary for a position or occupation because of the existence of the conditions specified in § 1123.7, he or she may submit recommendations to the Director of Personnel proposing the establishment of a special salary or special rate schedule for that position or occupation.

1123.11 When an employee is receiving a higher minimum rate immediately before a Mayor’s Order or Wage Order increase, the employee’s rate of basic pay shall be adjusted by the same percentage and on the same effective date as the Mayor’s Order or Wage Order increase.

1123.12 The Director of Personnel shall issue procedures to implement these regulations.

1123.13 The Office of the Chief Financial Officer shall ensure that compensation is paid in compliance with the CMPA and these regulations.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1124 COMPENSATION SYSTEM REVIEW AND CHANGES

1124.1

(a) The Director, D.C. Department of Human Resources (DCHR), annually may recommend Career, Legal, Excepted, and Management Supervisory Services compensation system changes and adjustments to the Mayor for review. These recommendations shall be based on the criteria established under section 1103 of the CMPA (D.C. Official Code § 1-611.03) (2006).

(b) To the extent that any recommended compensation system changes may affect or ultimately be applicable to Career, Legal, Excepted, and Management Supervisory Services employees in certain independent agencies, the Director, DCHR, shall consult with such independent authorities before making any recommendations to the Mayor.

1124.2 Pursuant to §§ 1105(a) and (b) of the CMPA (D.C. Official Code §§ 1-611.05(a) and (b) (2001)), the Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall periodically review the basic compensation system. This review shall include, at a minimum, the adequacy of rates of basic pay, and may include any other pay-related compensation system components.

1124.3 In accordance with § 1105(c) of the CMPA (D.C. Official Code § 1-611.05(c) (2001)), the Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction that have been certified by the Public Employee Relations Board (PERB) for collective bargaining, in the periodic reviews of the compensation system(s).

1124.4 Pursuant to section 1105 (d) of the CMPA (D.C. Official Code § 1-611.05 (d)) (2006), the Mayor shall submit any proposed compensation system changes and adjustments, including employee salary and rate schedules and their proposed effective date(s), to the Council. The submission to the Council shall specify to which agencies, subordinate or independent, the proposed changes shall apply, as well as exclusions, if any.

1124.5 In accordance with § 1105(e) of the CMPA (D.C. Official Code § 1-611.05(e) (2001)), if the Mayor considers it inappropriate to submit proposed system or salary and rate schedule changes because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor may submit an alternative plan regarding these changes or adjustments with a statement of the reasons for submitting the alternative plan.

1124.6 Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council approves the Mayor’s proposal without revisions, and adopts the proposal via resolution, the system and/or salary and rate schedule changes shall become effective on the dates specified by the Mayor in the submission to the Council under § 1124.4.

1124.7 Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), the Mayor’s submission date shall be the first day of the sixty-day (60-day) period referred to throughout this section.

1124.8 Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council fails to act on the Mayor’s proposal within sixty (60) calendar days of submission, the proposal is deemed approved on the day immediately following expiration of the sixty-day (60-day) period and the system and/or salary and rate schedule changes are effective as provided in § 1124.6.

1124.9 Pursuant to § 1106(b) of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Council revises the Mayor’s proposal, the Council’s revised proposal shall be returned to the Mayor.

1124.10 Pursuant to § 1106 of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Mayor concurs with the Council’s revisions, the provisions of the compensation plan shall become effective as may have been specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.11 Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), if the Mayor does not concur with any one (1) or more of the Council’s revisions, the Mayor shall return the revised proposal to the Council within ten (10) calendar days of receipt, with a statement of the reasons for not concurring.

1124.12 Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), the Council reviews the Mayor’s proposal and statement and by a two-thirds (2/3) vote of those members present and voting takes either of the following actions within ten (10) calendar days of receiving the proposal:

(a) If the Council adopts a resolution insisting upon one (1) or more of its revisions, the Council returns the revised proposal to the Mayor within ten (10) calendar days of the Mayor’s statement to the Council pursuant to §1124.11; or

(b) If the Council does not act on the Mayor’s proposal and statement, or the Council’s two-thirds (2/3) vote does not prevail within the ten-day (10-day) period, the Mayor’s formal proposal, including any Council revisions to which the Mayor has concurred, shall be effective as provided in § 1124.6.

1124.13 In accordance with § 1106 of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), compensation system and/or salary and rate schedule changes implemented as a result of the process covered in § 1124.12(a) shall become effective as specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.14 Salary and rate schedules applicable to employees covered by this chapter shall be issued by Mayor’s Order or Wage Order.

1124.15 Pursuant to § 1106(d) of the CMPA (D.C. Official Code §1-611.06(d) (2001)), retroactive pay shall be payable by reason of an increase to the salary or rate schedules under this section only when either of the following occurs:

(a) The individual is in the service of the District government on the date of final action by the Council on the increase; or

(b) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

1124.16

(a) Whenever a compensation system change or adjustment alters the manner in which employees covered under a salary or rate schedule are to be paid or results in the creation of a new salary or rate schedule that alters the manner in which employees covered under the schedule are to be paid, the submission to the Council shall include an explanation of the changes and how employees shall be paid.

(b) Immediately upon Council approval of compensation system changes as described in section 1124.16 (a) above, the personnel authority shall:

(1) Issue procedures, in writing, for the implementation of the new salary or rate schedule, initial placement of employees on the schedule, and advancement; and

(2) Inform affected employees of the procedures.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).

6-B DCMR § 1125 PAY SYSTEMS

1125.1 The following pay systems shall apply to all employees appointed under the Career, Legal, Excepted, or Management Supervisory Services:

(a) District Service Salary System; and

(b) Wage Service Rate System.

1125.2 The District Service salary schedules are the annual rate schedules applicable to employees who are paid under the District Service Salary System, which is the basic pay system for positions that are classified in accordance with section 1101 of this chapter and for which compensation is established on an annual basis. The District Service Salary System includes the following schedules:

(a) Career Service salary schedules (union), the symbol for which is CS;

(b) Career Service salary schedules (non-union), the symbol for which is CS;

(c) Legal Service salary schedules (non-union and union), the symbols for which are LX (Senior Executive Attorney Service (SEAS) positions and non-SEAS management positions), and LS, respectively;

(d) The Excepted Service salary schedule (ES Schedule), the symbol for which is ES; and

(e) The Management Supervisory Service Pay schedule (MS Schedule), the symbol for which is MS.

1125.3 The Wage Service rate schedules are the hourly rate schedules applicable to employees who are paid under the Wage Service Rate System, which is the basic pay system for positions that are classified in accordance with section 1105 of this chapter and for which compensation is established on an hourly basis. The Wage Service Rate System includes the following schedules:

(a) The Wage Service Rate Schedule (union), with the rates of pay for the following positions:

(1) Regular Non-Supervisory positions, the symbol for which is RW; and

(2) Leader positions, the symbol for which is LW.

(b) The Wage Service Rate Schedule (non-union) with the rates of pay for the following positions:

(1) Regular Non-Supervisory positions, the symbol for which is RW;

(2) Leader positions, the symbol for which is LW;

(3) Supervisory positions, the symbol for which is SW; and

(4) Management Supervisory Service positions, the symbol for which is MW.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).

6-B DCMR § 1126 DISTRICT SERVICE SALARY SYSTEM-GENERAL PROVISIONS

1126.1 This section applies to all employees in the Career, Legal, Excepted, and Management Supervisory Services, as applicable, paid under any of the District Service salary schedules listed in Subsection 1125.2 of this chapter.

1126.2 The District Service salary schedules listed in Subsection 1125.2 of this chapter are the basic pay schedules applicable to employees who are paid under the District Service Salary System.

1126.3 As applicable, the District Service salary schedules shall be comprised of:

(a) Grades and steps consisting of annual salaries within each grade; or

(b) Pay or Grade levels with a minimum, midpoint, and maximum annual salary range within each pay level.

1126.4 When payment is made on an hourly, daily, weekly, or biweekly rate, the rate shall be computed from the appropriate annual rate of basic pay of a District Service salary schedule and in accordance with the rules prescribed in Section 1131 of this chapter.

1126.5 Except as provided in Subsections 1126.6 through 1126.11, 1126.21, 1126.22, and 1126.29, a new appointment shall be made at the minimum rate of the grade or pay level.

1126.6 At the discretion of the agency head, initial or first appointments to the Career Service may be made at any salary up to step 4, for positions paid on the Career Service Salary Schedule. The following factors should be considered when setting the pay:

(a) Skill set the selectee brings to the job in addition to the minimum qualifications for the position;

(b) Effect on agency and budget limitations;

(c) Market value of the position; and

(d) Internal compensation relationships.

1126.7 For positions paid from an open range salary schedule, the employing agency may set the initial rate of pay at any amount up to the midpoint of the applicable grade or level. The following factors should be considered when setting the pay at an amount up to the midpoint of an open range:

TYPE OF APPOINTMENT

PAY-SETTING RULE

Initial or First (1st) Appointment

with the District government

(a) The employing agency may set the initial rate of pay at any amount up to the midpoint range of the grade or pay level for the position. The following factors* should be considered when setting the pay at an amount up to the midpoint range:

(1) Skill set the selectee brings to the job in addition to the minimum qualifications for the position;

(2) Effect on agency and budget limitations;

(3) Market value of the position; and

(4) Internal compensation relationships.

(b) For extraordinary cases, the employing agency shall request approval from the personnel authority to set the initial rate of pay at an amount above the midpoint range of the grade or pay level for the position. The personnel authority shall establish the criteria for the request, which shall be made in writing by the employing agency.

*Note: The employing agency may not seek information about or base compensation offers on salary history, unless selectee introduces salary history into the negotiation process.

Promotion (including Temporary Promotion)

The rate of pay of an employee promoted within or to an open range salary schedule shall be set by adding 10% to the employee’s current rate of basic pay. Any deviation is subject to approval by the personnel authority.

TYPE OF APPOINTMENT

PAY-SETTING RULE

Change to Lower Grade (Demotion)

[Disciplinary/Performance Reasons]

The rate of pay of an employee who is changed to a position at a lower grade due to discipline or performance reasons shall be set at an amount ten percent (10%) lower than the employee’s rate of pay at the higher-graded position; provided that the rate of pay shall not be set at an amount lower than the minimum nor higher than the maximum rate for the lower-graded position.

Reassignment

There shall be no change to the rate of pay of an employee upon reassignment action.

1126.8 Subsection 1126.7 shall apply to all initial appointments, promotions, changes to a lower grade, and reassignments to non-union Career Service white collar positions at grades 15 and above.

1126.9 An appointment to a Career Service position under a CS salary schedule with steps, whether the initial or first (1st) appointment with the District government or a reemployment appointment, may be made at a rate above the representative rate of the appropriate grade on the CS salary schedule on the basis of superior qualifications, as provided in Subsections 1126.10 through 1126.12 of this section.

1126.10 Upon the approval of the personnel authority, initial appointments with the District government to Career Service positions at grade level 7 and above on a CS salary schedule may be made on the basis of superior qualifications of the candidate.

1126.11 A superior qualifications appointment shall be based on all of the following criteria:

(a) The special needs of the agency for the candidate’s services;

(b) The candidate’s unusually high or unique qualifications for the position; and

(c) The candidate’s rate of basic pay or salary history, only if raised by the candidate in salary negotiation during the hiring process.

1126.12 When a superior qualifications appointment is made by reemployment, the candidate must have a break in service of at least ninety (90) calendar days since his or her last period of District government service.

1126.13 At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service (MSS) with Career Service status who moves to the Career Service without a break in service of more than three (3) months to a position under a CS salary schedule with steps, may be set at any rate of the appropriate grade on the CS salary schedule that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule, except that the rate of basic pay on the CS salary schedule shall not be set below the rate of basic pay that the employee would have attained in the Career Service had the MSS appointment never been effected.

1126.14 At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service without Career Service status who moves to the Career Service without a break in service to a position under a CS salary schedule with steps, may be set at the minimum rate of the appropriate grade on the CS salary schedule or at any rate above the minimum rate that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule.

1126.15 When an employee moves without a break in service from an Excepted Service position under the ES Schedule to a lower or equivalent grade in a Career Service position under a CS salary schedule with steps, the rate of basic pay on the CS salary schedule shall be set at any step of the grade that does not exceed the employee’s highest previous rate. If the employee’s rate of basic pay exceeds the rate of pay for the grade on the CS schedule, the rate of basic pay shall be set at the highest step of the grade.

1126.16 In accordance with the provisions of Subsection 1126.17 of this section, an agency may make a special adjustment in the rate of basic pay of a supervisor in a Career Service position paid under a salary schedule with steps when both of the following are true:

(a) The supervisor regularly has responsibility for supervision (which must include supervision over the technical aspects of the work concerned) over one (1) or more employees subject to the Wage Service Rate System; and

(b) The rate of basic pay for the supervisor is less than the highest rate of basic pay for any Wage Service employee he or she supervises.

1126.17 When an agency decides to adjust the rate of basic pay for a supervisor as provided in Subsection 1126.16 of this section, the rate of basic pay shall be adjusted to the nearest step, but not above the maximum step, of his or her grade that exceeds the highest rate of basic pay for any Wage Service employee for whom the supervisor regularly has responsibility for supervision.

1126.18 The adjustment of a supervisor’s rate of basic pay in accordance with Subsections 1126.16 and 1126.17 of this section shall become effective on the first (1st) day of the first (1st) biweekly pay period following the date on which the agency determines to make the adjustment.

1126.19 Neither a retained rate nor any form of premium pay shall be considered part of an employee’s rate of basic pay in making determinations relative to pay adjustments effected in accordance with Subsections 1126.16 through 1126.18 of this section.

1126.20 A new appointment in the Legal Service may be made at any step on the appropriate LS salary schedule.

1126.21 A new appointment in the Legal Service to a Senior Executive Attorney Service (SEAS) position or non-SEAS management position may be made at an appropriate rate, as specified in Subsections 1126.22 through 1126.26 of this section.

1126.22 The Attorney General may designate the appropriate starting salary for new appointments to supervisory attorney positions in the Office of the Attorney General (OAG) on the LX Schedule or other appropriate salary schedule, based on the criteria established in Subsection 1126.23 of this section.

1126.23 The personnel authority shall designate the appropriate starting salary for agency supervisory attorneys, including general counsels and deputy general counsels, under the LX Schedule (or its equivalent), based upon, but not limited to, the following criteria:

(a) Number of employees supervised;

(b) Complexity of the duties and responsibilities;

(c) Experience and skills; and

(d) Job performance.

1126.24 The salary of an attorney compensated on the LX Schedule who is temporarily assigned to a position at a higher or lower level on the LX Schedule, or its equivalent, may be set at any salary within the salary range of the temporary assignment or at a salary within the salary range of the level of the attorney’s regular position. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.25 Attorneys paid from an LX salary schedule, or equivalent, shall not receive overtime pay or premium pay.

1126.26 The salary of an attorney compensated outside of the LX Schedule who is temporarily assigned to a position on the LX Schedule may be set at any salary within the salary range of the level to which the attorney is temporarily assigned. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.27 Employees holding appointments in positions not on the LX Schedule on the effective date of this section shall continue to be paid their existing salary until a personnel action is effected establishing a salary within the salary range for the designated level of the covered positions on the LX Schedule.

1126.28 At the discretion of the personnel authority in the case of an independent agency as defined in Chapter 36 of these regulations, a new appointment in the Legal Service to a position paid from a LX salary schedule may be made at any rate of the appropriate pay level on the schedule.

1126.29 An independent personnel authority that employs Legal Service attorneys in SEAS and non-SEAS management positions shall:

(a) Issue pay-setting procedures, in writing, for new appointments that include the same or similar factors listed in Subsections 1126.22 through 1126.26 of this section; and

(b) Inform affected employees of the pay-setting procedures.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 52 DCR 2729 (March 18, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008); as amended by Final Rulemaking published at 63 DCR 16086 (December 30, 2016); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1126

6-B DCMR § 1127 DISTRICT SERVICE SALARY SYSTEM-WITHIN-GRADE INCREASES

1127.1 In this section, the following term has the meaning ascribed:

Permanent position - a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. “Permanent position” does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.

1127.2 This section applies to all employees paid from a schedule under the District Service Salary System.

1127.3 An employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:

(a) The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;

(b) The employee must not have received an equivalent increase during the waiting period; and

(c) The employee’s performance rating assigned for the most recent rating period that ended prior to the completion date of the required waiting period must be either Satisfactory or better or Meets Expectations or better, as applicable.

1127.4 For an employee with a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:

(a) Steps 2, 3, 4, and 5: fifty-two (52) calendar weeks of creditable service; and

(b) Steps 6, 7, 8, 9, and 10: one hundred four (104) calendar weeks of creditable service.

1127.5 For an employee without a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:

(a) Steps 2, 3, 4, and 5: two hundred sixty (260) days of creditable service in a pay status over a period of not less than fifty-two (52) calendar weeks; and

(b) Steps 6, 7, 8, 9, and 10: five hundred twenty (520) days of creditable service in a pay status over a period of not less than one hundred four (104) calendar weeks.

1127.6 Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.

1127.7 A new waiting period for a within-grade increase shall begin with each of the following:

(a) On a new appointment as an employee of the District government;

(b) After a period of nonpay status or a break in service (alone or in combination) in excess of fifty-two (52) continuous calendar weeks, unless the nonpay status or break in service is due to being on temporary assignment pursuant to the Intergovernmental Personnel Act (IPA) of 1970, approved January 5, 1971 (P.L. 91-648; 84 Stat. 1909; 5 U.S.C. § 3301 et seq.) or Chapter 27 of these regulations; or

(c) Upon receiving an equivalent increase.

1127.8 The waiting period shall not be interrupted by nonworkdays intervening between an employee’s last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.

1127.9 Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.

1127.10 Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee’s basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.

1127.11 For an employee with a scheduled tour of duty, time in a nonpay status, except as provided in §§ 1127.13 through 1127.17, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:

(a) Two (2) administrative workweeks in the waiting period for steps 2, 3, 4, or 5; or

(b) Four (4) administrative workweeks in the waiting period for steps 6, 7, 8, 9, or 10.

1127.12 Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1127.11 shall extend a waiting period by the excess amount.

1127.13 Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.

1127.14 An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.

1127.15 Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:

(a) The employee is reemployed in a position subject to a District Service salary schedule not later than fifty-two (52) calendar weeks after separation from active military duty; or

(b) The employee is restored to the civilian position after separation from active military duty or hospitalization continuing thereafter as provided in Chapter 43 of Part III of Title 38 of the U.S. Code.

1127.16 When an employee is restored to duty by an appropriate authority as defined in § 1149.1, the period from the date of separation to the date of return to duty shall be creditable service.

1127.17 A period of leave without pay during an employee’s assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.

1127.18 When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.

1127.19 An increase in the rate of basic pay of an employee paid from a District Service salary schedule shall not be considered an equivalent increase when it results from any of the following:

(a) Adjustment of salary and rate schedules;

(b) The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;

(c) A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or

(d) An increase resulting when an employee is placed in a supervisory or managerial position, and is returned to a position at the same grade and step held before that placement.

1127.20 The agency head shall be responsible for determining what constitutes a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable, and for determining which employees are performing at those levels.

1127.21 The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:

(a) The employee has received a letter of warning of unsatisfactory performance or equivalent;

(b) The employee has received a warning letter with postponement of rating; or

(c) The rating is postponed in accordance with Chapter 14 of these regulations because of a notice of proposed removal or change to lower grade for cause as defined in Chapter 16 of these regulations.

1127.22 When the decision to grant or deny a within-grade increase has been deferred as provided in § 1127.21, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1127.23 An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1127.24 When an ”Unsatisfactory” performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.

1127.25 An employee shall be notified in writing of the decision to grant or deny a within-grade increase.

1127.26 A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1127.3.

1127.27 When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.

1127.28 When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.

1127.29 An adjustment in pay under § 1126.19 shall be an equivalent increase in pay for within-grade increase purposes.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1128 WAGE SERVICE RATE SYSTEM - GENERAL PROVISIONS

1128.1 This section applies to all Career and Management Supervisory Service employees paid under a Wage Service rate schedule.

1128.2 The Wage Service rate schedules listed in section 1125.3 of this chapter are the hourly rate schedules applicable to employees who are paid from the Wage Service Rate System.

1128.3 The Wage Service rate schedules shall be comprised of grades and steps consisting of hourly rates within each grade.

1128.4 Except as provided in sections 1128.5 through 1128.8 of this section, a new appointment shall be made at the minimum rate of the grade.

1128.5 At the discretion of the agency head (or designee), an individual may be appointed at any step up to the representative rate of the appropriate grade on an applicable Wage Service rate schedule.

1128.6 An individual may be appointed at a rate above the representative rate of the appropriate grade on the basis of superior qualifications, as provided in sections 1128.7 and 1128.8 of this section.

1128.7 A superior qualifications appointment may be made only with the approval of the personnel authority.

1128.8 A superior qualifications appointment shall be based on all of the following criteria:

(a) The special needs of the agency for the candidate’s services;

(b) The candidate’s skills and experience are of an exceptional or highly specialized nature in his or her trade or craft; and

(c) The candidate’s rate of basic pay.

1128.9 When a superior qualifications appointment is made by reemployment, the candidate must have a break in service of at least ninety (90) calendar days since his or her last period of District government service.

1128.10 At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service (MSS) with Career Service status who is paid under the MW rate schedule and moves to a Career Service wage position without a break in service of more than three (3) months may be set at any rate of the appropriate grade on the RW, LW, or SW rate schedule that does not exceed the employee’s existing rate of basic pay on a MW rate schedule, except that the rate of basic pay on the RW, LW, or SW rate schedule shall not be set below the rate of basic pay that the employee would have attained in the Career Service had the MSS appointment never been effected.

1128.11 At the discretion of the agency head, the rate of basic pay of an employee in the MSS without Career Service status who is paid under the MW rate schedule and moves to a Career Service wage position without a break in service may be set at the minimum rate of the appropriate grade on the RW, LW, or SW rate schedule or at any rate above the minimum rate that does not exceed the employee’s existing rate of basic pay on a MW rate schedule.

1128.12 When an employee moves without a break in service from a position paid under a Wage Service Rate System schedule to a position paid under another Wage Service Rate System Schedule (i.e., movement within the same rate schedule, and movement from a rate schedule to a different rate schedule), the rate of pay shall be determined under one (1) of the following, as appropriate:

(a) If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade on the Wage Service Rate System schedule is less than the representative rate of the grade to which he or she is being assigned, the movement constitutes a promotion, and, the employee shall be entitled to one (1) of the following:

(1) Basic pay at the lowest rate of the grade on the rate schedule that is equivalent to his or her existing rate of basic pay, plus two (2) step increases of the current grade on a Wage Service Rate System Schedule;

(2) If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

(3) If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

(b) If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade on the Wage Service Rate System schedule is equal to or more than the representative rate of the grade to which he or she is being assigned on the MW rate schedule, the movement constitutes either a reassignment (when “equal to”) or a change to lower grade (when “more than”), and the agency may pay the employee in accordance with either of the following:

(1) The agency may pay the employee at any rate of the grade on the MW rate schedule that does not exceed his or her highest previous rate on a Wage Service Rate System schedule; or

(2) If the employee’s highest previous rate on a Wage Service Rate System schedule falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

1128.13 When an employee moves without a break in service from a Career Service position under the CS salary schedule to a Management Supervisory Service position under the MW rate schedule, the rate of basic pay on the MW rate schedule shall be determined under the provisions of section 1126.15 of this chapter, reading “MS salary” as “MW rate.”

1128.14 When an employee moves without a break in service from a Management Supervisory Service (MSS) position under the MS salary schedule to a MSS position under a MW rate schedule, the rate of pay on the MW rate schedule shall be determined under the provisions of section 1130.3 of this chapter, using the employee’s MS salary schedule as the “current schedule” and the MW rate schedule as the “new schedule.”

1128.15 When any action moves an employee from one MW rate schedule (“current” schedule) to another grade within the same rate schedule or to any grade within another MW rate schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

(a) If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade in his or her current schedule is less than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the employee shall be entitled to one (1) of the following:

(1) Basic pay at the lowest rate of the new grade that is equivalent to his or her existing rate of basic pay plus one (1) step increase of the current grade;

(2) If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

(3) If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

(b) If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade in his or her current schedule is equal to or more than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the agency may pay the employee in accordance with either of the following:

(1) The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate; or

(2) If the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).

6-B DCMR § 1129 WAGE SERVICE RATE SYSTEM - WITHIN-GRADE INCREASES

1129.1 In this section, the following term has the meaning ascribed:

Permanent position - a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. The term does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.

1129.2 This section applies to all Career, Excepted, and Management Supervisory Service employees paid under a Wage Service rate schedule.

1129.3 Any Wage Service employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:

(a) The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;

(b) The employee must not have received an equivalent increase during the waiting period; and

(c) The employee’s performance rating assigned for the most recent rating period that ended prior to the completion date of the required waiting period must be either “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.4 Except as provided in Subsection 1129.6, the waiting periods for advancement to the next rate in all grades for a wage employee with a scheduled tour of duty shall be as follows:

(a) Rates 2, 3, 4, and 5: fifty-two (52) calendar weeks of creditable service; and

(b) Rates 6, 7, 8, 9, and 10: one hundred four (104) calendar weeks of creditable service.

1129.5 Except as provided in Subsection 1129.7, the waiting period for advancement to the next rates in all grades for a wage employee without a scheduled tour of duty shall be as follows:

(a) Rates 3, 4, and 5: two hundred sixty (260) days of creditable service in a pay status over a period of not less than twenty-six (26) calendar weeks; and

(b) Rates 7, 8, 9, and 10: five hundred twenty (520) days of creditable service in a pay status over a period of not less than one hundred four (104) calendar weeks.

1129.6 For a wage employee with a scheduled tour of duty paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be fifty-two (52) calendar weeks of creditable service.

1129.7 For a wage employee without a scheduled tour of duty, paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be two hundred sixty (260) days of creditable service.

1129.8 Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.

1129.9 A new waiting period for a within-grade increase shall begin with each of the following:

(a) On a new appointment as an employee of the District government;

(b) After a period of nonpay status or a break in service (alone or in combination) in excess of fifty-two (52) continuous calendar weeks, unless the nonpay status or break in service is due to being on temporary assignment pursuant to the Intergovernmental Personnel Act (IPA) of 1970, approved January 5, 1971 (P.L. 91-648; 84 Stat. 1909; 5 U.S.C. § 3301 et seq.), or Chapter 27 of these regulations; or

(c) Upon receiving an equivalent increase.

1129.10 The waiting period shall not be interrupted by nonworkdays intervening between an employee’s last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.

1129.11 Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.

1129.12 Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee’s basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.

1129.13 For a wage employee with a scheduled tour of duty, time in a nonpay status, except as provided in Subsections 1129.15 through 1129.19, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:

(a) Two (2) administrative workweeks in the waiting period for rates 2, 3, 4, or 5;

(b) Four (4) administrative workweeks in the waiting period for rates 7, 8, 9, or 10.

1129.14 Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1129.13 shall extend a waiting period by the excess amount.

1129.15 Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.

1129.16 An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.

1129.17 Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:

(a) The employee is reemployed in a position subject to a Wage Service rate schedule not later than fifty-two (52) calendar weeks after separation from active military duty; or

(b) The employee is restored to the civilian position after separation from active military duty or hospitalization continuing thereafter as provided in Chapter 43 of Part III of Title 38 of the U.S. Code.

1129.18 When an employee is restored to duty by an appropriate authority as defined in § 1149, the period from the date of separation to the date of return to duty shall be creditable service.

1129.19 A period of leave without pay during an employee’s assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.

1129.20 When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.

1129.21 An increase to the rate of basic pay of an employee paid from a Wage Service rate schedule shall not be considered an equivalent increase when it results from any of the following:

(a) Adjustment of salary and rate schedules;

(b) The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;

(c) A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or

(d) An increase resulting when an employee is placed in a supervisory or managerial position, and is returned to a position at the same grade and step held before that placement.

1129.22 The agency head shall be responsible for determining what constitutes a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable, and for determining which employees are performing at those levels.

1129.23 The agency head may delegate his or her authority under § 1129.22 to the appropriate supervisory level in his or her agency.

1129.24 The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:

(a) The employee has received a letter of warning of unsatisfactory performance or equivalent;

(b) The employee has received a warning letter with postponement of rating; or

(c) The rating is postponed in accordance with Chapter 14 of these regulations because of a notice of proposed removal or change to lower grade for cause as defined in Chapter 16 of these regulations.

1129.25 When the decision to grant or deny a within-grade increase has been deferred as provided in § 1129.24, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.26 An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.27 When an ”Unsatisfactory” performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.

1129.28 An employee shall be notified in writing of the decision to grant or deny a within-grade increase.

1129.29 A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1129.3.

1129.30 When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.

1129.31 When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1129

6-B DCMR § 1130 CAREER SERVICE POSITION CHANGES - SETTING PAY

1130.1 Except as may be provided elsewhere in this chapter, this section shall be used to determine the appropriate rate of basic pay upon either of the following:

(a) Reinstatement to or a promotion in a position in the Career Service paid under a salary or rate schedule with steps;

(b) Movement without a break in service of a Career Service employee from a Career Service position paid under a salary or rate schedule with steps to another Career Service position paid under a salary or rate schedule with steps; or

(c) Reclassification of an encumbered Career Service position involving salary or rate schedules with steps.

1130.2 When an employee moves without a break in service from a non-union Career Service position at grade levels 15/16 or 16/17 to a Career Service position under a CS salary schedule with steps, the rate of basic pay on the CS salary schedule shall be set at any step of the grade that does not exceed the employee’s highest previous rate.

1130.3 When any action moves an employee from a CS salary schedule (“current” schedule) to another grade within the same CS salary schedule or to any grade within another CS salary schedule or Wage Service rate schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

(a) If the representative rate of the employee’s grade in his or her current schedule is less than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a promotion, and the employee shall be entitled to one (1) of the following:

Basic pay at the lowest rate of the new grade that is equivalent to his or her existing rate of basic pay plus two (2) step increases of the current grade;

(2) If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

(3) If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

(b) If the representative rate of the new position is less than the representative rate of the employee’s existing position, the movement constitutes a “change to a lower grade.” If the representative rate of the new position is equal to the representative rate of the employee’s existing position, the movement constitutes a “reassignment.” When the movement is either a “change to a lower grade” or a “reassignment,” the agency may pay the employee as follows:

(1) The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate;

(2) If the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate; or

For competitive appointments to a different position, an agency may pay the employee in accordance with the pay-setting rules for initial or first-time appointments with the District government outlined in Subsection 1126.6.

1130.4 When any action moves an employee from one Wage Service rate schedule (“current” schedule) to another grade within the same rate schedule or to any grade within another Wage Service rate schedule or CS salary schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

(a) If the representative rate of the employee’s grade in his or her current schedule is less than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a promotion, and the employee shall be entitled to one (1) of the following:

(1) Basic pay at the lowest rate of the new grade that is equivalent to his or her existing rate of basic pay plus a two (2) step increase of the current grade (for a rate schedule with ten (10) steps);

(2) If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

(3) If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

(b) If the representative rate of the employee’s grade in his or her current schedule is equal to or more than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a reassignment (when “equal to”) or a change to lower grade (when “more than”), and the agency may pay the employee in accordance with either of the following:

The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate; or

(2) If the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

1130.5 When an employee is reinstated in accordance with Chapter 8 of these regulations, the agency may pay the employee at any rate of the grade that does not exceed his or her highest previous rate; however, if the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

1130.6 When an encumbered position is reclassified from the Wage Service Rate System into a Career Service salary schedule with steps under the District Service Salary System, the agency shall pay the employee at the highest rate of the new grade that does not exceed his or her highest previous rate; however, if the employee’s highest previous rate falls between two (2) rates of the new grade, the agency shall pay the employee at the higher rate. If the employee’s highest previous rate exceeds the maximum rate of the new grade, and the employee is not eligible for a retained rate in accordance with Section 1141 of this chapter, the employee shall receive the maximum rate of the new grade.

1130.7 The highest previous rate shall be based on a scheduled tour of duty at a rate under an appointment not limited to ninety (90) days or less, or for a continuous period of not less than ninety (90) days under one (1) or more temporary appointments without a break in service.

1130.8 Except as provided in Subsection 1130.9 of this section, when an employee’s rate of basic pay is one received under the higher minimum rate provision, the highest previous rate shall be the rate to which he or she would have been entitled had the special rate or special salary not applied.

1130.9 With the prior approval of the personnel authority, an agency may use a special rate or special salary as the highest previous rate when both of the following are true:

(a) The employee is reassigned to a position for which no special rate or special salary, or a lesser special rate or special salary, has been established; and

(b) The agency head determines that the need for the employee’s services, and his or her contribution to the agency’s program, will be greater in the position to which reassigned.

1130.10 In the application of the highest previous rate provisions, a rate of pay earned under any District government salary or rate schedule shall be the current rate of the same grade and step of that schedule.

1130.11 Upon completion or termination of a term or temporary promotion, the agency shall return the employee to the position from which he or she was promoted or to a position of equivalent grade. If the employee served one (1) year or less in the temporary or term promotion, the pay in the grade to which returned shall be at the step the employee would have attained had the promotion not occurred. If the employee served more than one (1) year in the temporary or term promotion, the pay received in the promotion may be used as the highest previous rate when returned to the former grade.

1130.12 An employee who fails to successfully complete a supervisory probationary period and is returned to the grade from which he or she was promoted shall not be entitled to the highest previous rate provisions or a retained rate, but shall be returned to a position of no lower grade than the employee left to accept the supervisory or managerial position and at the step the employee would have attained but for the managerial or supervisory appointment.

1130.13 Whenever a special rate or special salary schedule is established, the salary of an employee covered by the special rate or special salary shall be adjusted to the step and grade on the special rate or special salary schedule that corresponds to his or her existing step and grade.

1130.14 When an employee is receiving a retained rate under Subsection 1141.2 of this chapter and his or her position becomes subject to a special rate or special salary schedule, the employee’s pay shall be adjusted under the provisions of the highest previous rate rule without regard to his or her retained rate. However, if the employee’s retained rate is higher than the maximum rate of the special rate or special salary schedule, the employee shall be entitled to receive the retained rate for the remainder of the retained rate period and then shall be placed at the maximum rate of the special rate or special salary schedule.

1130.15 The Director, DCHR, shall initiate action to discontinue or revise special rates or special salaries when these rates are no longer necessary for recruitment and retention of personnel.

1130.16 When special rates or special salaries for a position are discontinued, the rate of basic pay for an employee shall be determined as follows:

(a) If the employee is receiving a rate of basic pay equal to one of the rates on the appropriate schedule for his or her grade, the employee’s basic pay shall be fixed at that rate;

(b) If the employee is receiving a rate of basic pay at a rate between two (2) rates on a salary or rate schedule for his or her grade, the employee’s basic pay shall be fixed at the higher of the two (2) rates; or

(c) If the employee is receiving a rate of basic pay in excess of the maximum rate under the appropriate schedule for his or her grade, the employee’s rate of basic pay shall be fixed in accordance with the provisions of Section 1141 of this chapter.

1130.17 When an employee is converted from a term or temporary appointment to a permanent appointment at the same grade level in the Career Service pursuant to Chapter 8 of these regulations, there shall be no change to the rate of pay.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1130

6-B DCMR § 1131 COMPUTATION OF SALARY AND RATE SCHEDULES

1131.1 For pay computation purposes, the annual rate of basic pay established by the Council or Mayor’s authority shall be deemed payment for employment during fifty-two (52) administrative workweeks of forty (40) hours.

1131.2 When it is necessary for pay computation to convert an annual rate of basic pay to an hourly, daily, weekly, or biweekly rate of basic pay, the following rules shall govern:

(a) To derive an hourly rate, divide the annual rate by two thousand eighty (2,080) (rounded to the nearest cent, counting one-half (½) cent and over as a whole cent);

(b) To derive a daily rate, multiply the hourly rate by the number of daily service hours required; and

(c) To derive a weekly or biweekly rate, multiply the hourly rate by forty (40) or eighty (80), as appropriate.

1131.3 A rate computed under § 1131.2 shall be carried three (3) decimal places and rounded to the nearest cent, counting one-half (½) cent and over as a whole cent.

1131.4 When a rate of basic pay is adjusted under § 1124, the computation for determining each salary and rate schedule shall be as follows:

(a) For each salary schedule under the District Service Salary System:

(1) Multiply the old step 4 of each grade (representative rate) by the percentage of the increase to derive the new step 4 (rounded to the nearest dollar);

(2) Multiply the old step 5 of each grade by the percentage of the increase to derive the new step 5 (rounded to the nearest dollar);

(3) Subtract the new step 4 from the new step 5 to derive the new step increment;

(4) Subtract the new step increment from the new step 4 to derive the new step 3;

(5) Subtract the new step increment from the new step 3 to derive the new step 2;

(6) Subtract the new step increment from the new step 2 to derive the new step 1;

(7) Add the new step increment to the new step 5 to derive the new step 6;

(8) Add the new step increment to the new step 6 to derive the new step 7;

(9) Add the new step increment to the new step 7 to derive the new step 8;

(10) Add the new step increment to the new step 8 to derive the new step 9; and

(11) Add the new step increment to the new step 9 to derive the new step 10.

(b) For each rate schedule under the Wage Service Rate System:

(1) Multiply the old step 2 of each grade (representative rate) by the percentage of the increase to derive the new step 2 (rounded to the nearest cent);

(2) Multiply the new step 2 by ninety-six percent (96%) to derive the new step 1 (rounded to the nearest cent);

(3) Multiply the new step 2 by one hundred four percent (104%) to derive the new step 3 (rounded to the nearest cent);

(4) Multiply the new step 2 by one hundred eight percent (108%) to derive the new step 4 (rounded to the nearest cent);

(5) Multiply the new step 2 by one hundred twelve percent (112%) to derive the new step 5 (rounded to the nearest cent);

(6) Multiply the new step 2 by one hundred sixteen percent (116%) to derive the new step 6 (rounded to the nearest cent); and

(7) To derive an annual rate for each step, multiply each step by two thousand eighty (2080).

1131.5 The pay period for an employee paid under this chapter shall be a biweekly pay period consisting of two (2) consecutive administrative workweeks.

1131.6 An employee required by Chapter 4 of these regulations to execute an affidavit shall not be entitled to compensation under this chapter until the affidavit has been executed.

1131.7 A promotion shall be effective on the first day of a biweekly pay period.

1131.8 When a lump-sum payment for accrued annual leave is authorized under Chapter 12 of these regulations, the employee shall be compensated for all hours of unused annual leave at the employee’s rate of basic pay.

1131.9 When a lump-sum payment for compensatory time accrued prior to the effective date of this chapter is authorized under Chapter 12 of these regulations, the employee shall be compensated for such compensatory time at the employee’s rate of basic pay.

1131.10 As applicable for the purpose of computing salary and rate schedules, the percentage authorized for a general pay increase, or the dollar amount if so authorized, shall be added to the representative rate of the appropriate salary or rate schedule and this new rate shall be used as the basis for the determination of the other rates contained on the schedule.

1131.11 The representative rate for District Service salary schedules comprised of grades and steps consisting of annual salaries within each grade and the Wage Service rate schedules shall be the following:

(a) For grades 1 through 14, the fourth (4th) step of each District Service salary schedule comprised of grades and steps consisting of annual salaries within each grade; and

(b) The fourth (4th) step of each Wage Service rate schedule.

1131.12 The representative rate for District Service salary schedules comprised of ranges shall be the midpoint for the grade or pay level of the appropriate salary schedule.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).

6-B DCMR § 1132 PREMIUM PAY - HOLIDAY PREMIUM PAY

1132.1 Holiday premium pay shall not be paid unless specifically authorized by this section.

1132.2 An employee who performs actual work within the hours of his or her scheduled daily tour of duty on a day designated as a holiday under § 1202 of the CMPA (D.C. Official Code § 1-612.02 (2001)), or established as an in-lieu-of day when the employee’s regularly scheduled day off falls on a holiday, shall be entitled to pay at the rate of his or her rate of basic pay for the scheduled daily tour of duty plus premium pay paid at the employee’s hourly rate of basic pay for each hour worked during the scheduled daily tour of duty.

1132.3 An employee who is required to perform holiday work shall be entitled to a minimum of two (2) hours of holiday premium pay.

1132.4 One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting holiday premium pay; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1132.5 An employee shall be entitled to pay for overtime work on a holiday at the same rate as for overtime work on other days.

1132.6 An employee paid at grade 15 or above shall not be entitled to holiday premium pay.

1132.7 Holiday premium pay under this section shall be in addition to other pay and shall not be considered basic pay for any purpose.

1132.8 Holiday premium pay shall not be included in the rate of basic pay used to compute amounts of deductions for retirement and group life insurance.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1133 PREMIUM PAY - SUNDAY PREMIUM PAY

1133.1 Sunday premium pay shall not be paid unless specifically authorized by this section.

1133.2 A full-time employee shall be entitled to pay at his or her rate of basic pay plus premium pay at a rate equal to twenty-five percent (25%) of his or her rate of basic pay for each hour of Sunday work that is not overtime work and that is not in excess of the employee’s scheduled daily tour of duty that begins or ends on Sunday.

1133.3 Sunday premium pay shall be credited in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1133.4 A part-time employee or an employee with no scheduled tour of duty shall not be entitled to premium pay for Sunday work.

1133.5 An employee shall not be entitled to Sunday premium pay for periods of paid leave.

1133.6 Sunday premium pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1134 PREMIUM PAY - NIGHT DIFFERENTIAL

1134.1 Night differential shall not be paid unless specifically authorized by this section.

1134.2 An employee who performs regularly scheduled night work between the hours of 6:00 p.m. and 6:00 a.m. shall be entitled to premium pay as provided in § 1134.3.

1134.3 An employee who performs regularly scheduled nonovertime night work shall be entitled to pay at a rate equal to ten percent (10%) of his or her rate of basic pay for that work, payable on an hour-for-hour basis, in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1134.4 An employee shall be entitled to a night differential for night work performed when he or she is assigned temporarily, except on an overtime basis, to a tour of duty other than his or her own.

1134.5 Night differential shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1135 PREMIUM PAY - ADMINISTRATIVE CLOSING PAY/LEAVE

1135.1 Administrative closing pay shall not be provided nor shall administrative closing leave be paid unless specifically authorized by this section.

1135.2 An emergency employee who is required to perform non-overtime work within his or her forty-hour (40-hour) basic workweek during a period of early dismissal or government closing in accordance with Chapter 12 of these regulations shall be entitled, as determined by the agency head, to either administrative closing pay or administrative closing leave, but not both, for the hours actually worked.

1135.3 Administrative closing pay shall consist of additional compensation provided on an hour-for-hour basis, equivalent to the employee’s rate of basic pay, as compensation for work actually performed during a designated emergency.

1135.4 One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting administrative closing pay; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1135.5 Administrative closing pay shall be in addition to other pay and shall not be considered basic pay for any purpose.

1135.6 Administrative closing leave shall consist of additional time off earned on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

1135.7 One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting administrative closing leave; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1135.8 Administrative closing leave shall be maintained in a separate account from other forms of leave, but shall be scheduled and granted in accordance with the provisions contained in Chapter 12 of these regulations for annual leave.

1135.9 Administrative closing leave that is not used within twelve (12) months of being earned shall be forfeited.

1135.10 Upon separation from employment, an employee shall be paid, at his or her rate of basic pay at the time of separation, for any unused administrative closing leave remaining to his or her credit.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1136 PREMIUM PAY - LOCAL ENVIRONMENT PAY

1136.1 Local environment pay shall not be paid unless specifically authorized by this section.

1136.2 An employee shall be paid local environment pay when exposed to an unusually severe working condition or hazard that falls within one (1) of the categories authorized in a schedule of local environment pay rates as established under § 1136.4.

1136.3 Positions for which local environment pay may be authorized shall require the approval of the Director of Personnel.

1136.4 A schedule of local environment pay rates and the duties for which they are payable and the period during which they are payable shall be established by the Director of Personnel.

1136.5 Any schedule established pursuant to § 1136.4:

(a) Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

(b) Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

1136.6 Amendments to the schedule authorized in § 1136.4 may be made by the Director of Personnel as follows:

(a) On his or her own initiative;

(b) At the request of an agency;

(c) At the request of a labor organization made through an agency in which it holds exclusive recognition for a unit of employees; or

(d) At the request of an employee, when submitted through the employee’s agency.

1136.7 The Director of Personnel shall establish and publish in the District Personnel Manual (or any other procedural manual developed) the criteria to be included in any request for the establishment of a schedule of local environment pay rates.

1136.8 Any amendments made to categories in the schedule of local environment pay rates as provided in § 1136.6:

(a) Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

(b) Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

1136.9 The Director of Personnel shall publish a list in the District Personnel Manual (or any other procedural manual developed) of the positions for which local environment pay rates are authorized.

1136.10 An agency may request approval of local environment pay for a position in which exposure has not been credited in the classification of a position.

1136.11 Payment of the local environment pay to an employee in a position for which local environment pay has been newly authorized shall begin with the first day of the first biweekly pay period following the approval.

1136.12 Local environment pay shall be paid either on the basis of full-time exposure or part-time exposure as determined by the Director of Personnel.

1136.13 Local environment pay shall be a stated percentage rate for categories of exposure and shall not exceed twenty-seven percent (27%) for any category.

1136.14 The local environment pay rate shall be determined by multiplying the local environment pay percentage rate authorized for the described exposure by the second step for grade RW-10 on the current Regular Nonsupervisory Wage Service Rate Schedule for Compensation Unit 2, counting one-half (½) cent and over as a full cent.

1136.15 The cents-an-hour rate determined in § 1136.14 shall be paid uniformly to each employee who qualifies for local environment pay regardless of the salary schedule, rate schedule, or grade level from which he or she is paid.

1136.16 The amount paid shall be determined by multiplying the local environment pay rate determined in accordance with § 1136.14 by the number of hours of exposure to the environmental situation.

1136.17 Each employee who is officially assigned to a position for which local environment pay is authorized, or who is temporarily assigned to perform work involved in that position, shall be paid the local environment pay when performing duties that expose him or her to an applicable environmental situation.

1136.18 An employee subjected at the same time to more than one (1) applicable environmental situation shall be paid for that exposure that results in the highest local environment pay rate but shall not be paid more than one (1) local environment pay rate for the same hours of work.

1136.19 An employee who is exposed to a situation for which local environment pay is authorized shall be entitled to the appropriate local environment pay regardless of whether he or she has a full-time, part-time, or intermittent tour of duty; is on regular assignment or detail; or is exposed during straight-time or overtime hours of work.

1136.20 Local environment pay that is paid on an actual exposure basis shall be paid for a minimum of one (1) hour’s local environment pay for that exposure and in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1136.21 When an employee who is receiving local environment pay on the basis of exposure in his or her regular position is temporarily assigned to perform work involved in another job for which a higher or a lower local environment pay rate is authorized, the following shall apply:

(a) He or she shall be paid the higher or lower local environment pay rate as the case may be for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for the other position; and

(b) He or she shall be paid the local environment pay authorized for his or her position for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for his or her regular position.

1136.22 When an employee who is officially assigned to a position for which no local environment pay is authorized is temporarily assigned to perform work involved in a job for which local environment pay is authorized, he or she shall be entitled to the local environment pay only for those hours of duty, or fraction thereof, that he or she is actually exposed to the environmental situation specified for that position.

1136.23 Payment of the local environment pay to an employee shall cease as follows:

(a) When authorization for the local environment pay is removed from his or her position;

(b) When he or she leaves the position for which local environment pay was authorized; or

(c) During temporary assignment to perform work involved in another position for which local environment pay has not been authorized.

1136.24 Local environment pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1137 ON-CALL PAY

1137.1 On-call pay shall not be paid unless specifically authorized by this section.

1137.2 An agency may designate positions for which on-call pay may be authorized, if both of the following conditions are met:

The work involved in the position is vital to:

Continuity of public health and human services;

Public safety and law enforcement;

Emergency management services and emergency medical services; or

Other crucial operations such as snow removal, debris removal, transportation, shelter operation, food distribution, and communication; and

The work of the position requires the incumbent, when otherwise off duty, to be available to report for work on short notice, within a maximum of one (1) hour or such lesser time as the agency deems warranted by the nature of the position.

1137.4 For an employee to be eligible to receive on-call pay, all of the following conditions must be met:

He or she must occupy a position for which on-call pay has been authorized pursuant to § 1137.2;

The agency must have placed the on-call time on the employee’s official work schedule on a holiday or outside the employee’s scheduled tour of duty;

The employee must be required to be in a state of readiness to perform work; and

When called in, the employee must be able to report for work within the time frame established by the agency pursuant to § 1137.2(b).

1137.5 While in an on-call status, an employee shall be entitled to pay at a rate equal to twenty-five percent (25%) of his or her rate of basic pay, payable on an hour-for-hour basis, in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1137.6 When an employee who is in an on-call status is called and performs work, the employee shall be credited with a minimum of thirty (30) minutes of work time. Such employees will be considered in a payable work status, inclusive of the minimum time needed for traveling to and from the directed worksite.

1137.7 On-call pay may not be provided nor may an employee be placed in an on-call status while on paid leave.

1137.8 On-call pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 69 DCR 010387 (August 12, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1137

6-B DCMR § 1138 OVERTIME

1138.1 Except as provided in § 1138.2, entitlement to and computation of overtime shall be determined in accordance with and shall not exceed the overtime provisions of section 7 of the Fair Labor Standards Act of 1938 (FLSA), as amended (29 USC 207).

1138.2 At the discretion of the agency head or his or her designee, entitlement to overtime may be extended to any non-union Career Service employee at the CS-14 level or below, or equivalent, for hours of work authorized in excess of eight (8) hours in a pay status in a workday or in excess of forty (40) hours in a pay status in a workweek.

1138.3 When compensatory time is earned, it shall be credited in accordance with the provisions of Chapter 12 of these regulations.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1139 EXEMPT TIME OFF

1139.1 Exempt time off shall not be provided unless specifically authorized by this section.

1139.2 This section applies to employees subject to the District Service Salary System, the Wage Service Rate System, or the Recreation Service Rate System who are exempt from the Fair Labor Standards Act (FLSA).

1139.3 Due to exigencies of the public business, an agency head may require an employee to perform work in excess of eighty (80) hours in a biweekly pay period.

1139.4 An employee who is exempt from the FLSA and who performs work as directed pursuant to § 1139.3 may, at the discretion of the agency head, be granted exempt time off, which shall consist of additional time off earned on an hour-for-hour basis as compensation for such work actually performed that is in excess of eighty (80) hours in a biweekly pay period.

1139.5 An agency head may credit an employee with up to eighty (80) hours of exempt time off per leave year; provided, that with the approval of the personnel authority, an agency may credit an employee with an additional forty (40) hours of exempt time off within the leave year, when the hours justifying exempt time off under Subsection 1139.3 are granted because of emergencies or other unforeseen circumstances, such as:

(a) Work resulting from severe weather events, including excessive snow and hurricanes;

(b) Work resulting from publicly scheduled events in the District of Columbia requiring infrastructure support; and

(c) Emergency situations so declared by the Mayor.

1139.6 Exempt time off shall be maintained in a separate account from other forms of leave, but shall be scheduled and granted in accordance with the provisions contained in Chapter 12 of these regulations for annual leave.

1139.7 Exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned.

1139.8 Exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

1139.9 The Chief of Police may grant exempt time off to uniformed members at the rank of Inspector and above, and the civilian equivalents in the Metropolitan Police Department not to exceed a total of eighty (80) hours in any consecutive twelve (12) month period in accordance with this section.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1139

6-B DCMR § 1140 RESERVED

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).

6-B DCMR § 1141 RETAINED RATES

1141.1 This section applies to employees, serving under other than a temporary or term appointment, who are in the Career Service and paid under a District Service salary schedule or a Wage Service rate schedule.

1141.2 A retained rate shall be granted to an employee whose rate of basic pay would otherwise be reduced as a result of any of the following:

(a) A reclassification process;

(b) Reduction or elimination of a rate or salary schedule;

(c) Movement of an employee from a position with a special rate or special salary to a position with a different special rate or special salary with a lower rate of basic pay than the former position; or

(d) The employee no longer meets a specific condition or requirement established by the agency or the Office of Personnel.

1141.3 When an employee is changed to a lower grade under any of the circumstances specified in § 1141.2, the agency shall pay the employee at any rate of the new grade that does not exceed the employee’s existing rate of basic pay; however, if the employee’s existing rate of basic pay falls between two (2) rates of the new grade, the agency shall pay the employee at the higher rate.

1141.4 An eligible employee under this section whose existing rate of basic pay exceeds the maximum rate of the grade to which he or she is reduced shall be entitled to a retained rate as provided for in this section.

1141.5 An employee shall be eligible for a retained rate as provided in § 1141.2 beginning on the effective date of the reduction in grade or salary, if the employee has served for fifty-two (52) consecutive weeks or more in a position on a covered salary or rate schedule at a grade or salary higher than the grade or salary to which reduced.

1141.6 An employee shall not be eligible for a retained rate under the following circumstances:

(a) When a change to lower grade is initiated by the employee for his or her benefit, convenience, or personal advantage, including consent to a change to lower grade in lieu of one as specified in § 1141.6(b);

(b) When a change to lower grade is based on cause as set forth in Chapter 16 of these regulations;

(c) When the employee (if he or she is a non-unionized employee in the Career Service) does not satisfactorily complete the supervisory or managerial probationary period and is removed from the supervisory or managerial position; or

(d) When the employee elects to retreat to the Career Service upon termination from the Management Supervisory Service in accordance with § 954(a) of the CMPA (D.C. Official Code § 1-609.54(a) (2001 ed.)).

1141.7 An employee who is serving on a temporary promotion at the time he or she is changed to a lower grade shall have his or her existing rate of basic pay determined by the rate of basic pay he or she would have been receiving had the temporary promotion not occurred.

1141.8 When an employee is promoted, including a temporary promotion during the retained rate period, the agency shall pay the employee at any rate of the new grade that does not exceed the employee’s retained rate; however, if the employee’s retained rate falls between two (2) rates of the grade to which promoted, the agency shall pay the employee at the higher rate.

1141.9 An employee shall be entitled to the retained rate when he or she is promoted or temporarily promoted to another position when the maximum rate of the new position is less than the retained rate.

1141.10 When an employee, during a retained rate period, accepts a temporary promotion to the same grade and step from which reduced upon having been changed to a lower grade, or a higher grade and step, and is then returned to the grade to which he or she was originally changed, the temporary promotion shall not lengthen the retained rate period.

A retained rate shall cease to apply if any of the following conditions occur:

The employee has a break in service of one (1) workday or more;

The employee is entitled to a rate of basic pay that is equal to or higher than the retained rate; or

The employee is subsequently changed to a lower grade for cause or at the employee's request.

When, because of an increase to the rate(s) of the grade to which the employee is reduced upon being changed to a lower grade, an employee’s retained rate becomes equal to or lower than a rate of the new grade, the retained rate shall cease, and the agency shall adjust the employee’s rate of basic pay as follows:

If the retained rate equals a rate in the new grade, the employee shall receive that rate; or

If the employee’s retained rate falls between two (2) rates of the new grade, the employee shall receive the higher rate.

Employees receiving a retained rate shall not be entitled to any subsequent increases in salary or rate schedules established by the Council or Mayor’s authority during a pay retention period.

An employee who was receiving a retained rate prior to the effective date of this chapter shall be entitled to continue to receive those benefits based upon the laws, rules, and regulations that were in effect on the date the employee became eligible for the retained rate benefits.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 65 DCR 9208 (September 7, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1141

6-B DCMR § 1142 PRE-EMPLOYMENT TRAVEL AND RELOCATION EXPENSES

1142.1 In this section, the following term has the meaning ascribed:

Relocation expenses - transportation of an individual, his or her immediate family, household goods, and personal effects to the new employee’s first post of duty in the District government.

1142.2 The provisions of this section shall apply to employees in the Career, Legal, and Management Supervisory Services appointed under the authority of titles VIII, VIII-A, and IX-A, respectively, of the CMPA (D.C. Official Code §§ 1-608.01, 1-608.51 et seq., and 1-609.51 et seq., respectively (2001)).

1142.3 An agency may pay travel expenses incurred incidental to pre-employment interviews held for the purpose of ascertaining an applicant’s qualifications for a position only if the position has been determined by the personnel authority to be unique, that is, characterized by an unusual combination of duties, responsibilities, and qualification requirements, or to be in a shortage category.

1142.4 An agency or department may pay relocation expenses to the first post of duty for a new employee appointed to a position in the District government, only if the position has been determined by the personnel authority to be unique, that is, characterized by an unusual combination of duties, responsibilities, and qualification requirements, or to be in a shortage category.

1142.5 Payment of expenses under § 1142.4 may only be made after the individual selected for appointment signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment unless separated for reasons beyond his or her control that are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the District government for expenses must be reimbursed as a debt due the District government and shall be recoverable from the individual by set-off against accrued pay or any other amount due the individual.

1142.6 Any unused advance for travel and related expenses and relocation expenses must be reimbursed as a debt due the District government.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1143 RECRUITMENT AND RETENTION INCENTIVES - ADDITIONAL INCOME ALLOWANCE AND HIRING BONUS

1143.1 For the purposes of this section, the following terms have the meanings ascribed:

Additional income allowance - an authorized amount or rate of additional compensation paid to an employee who occupies a position determined by the personnel authority to have a significant recruitment and retention problem.

Hiring bonus - a one-time supplemental payment provided to an individual newly hired by an agency to a position determined by the personnel authority to have a significant recruitment and retention problem.

1143.2 This section applies to all employees except as provided in §§ 1143.4 and 1143.39.

1143.3 An additional income allowance, a hiring bonus, or both, under this section may be paid when all of the following conditions have been met:

(a) The personnel authority, in accordance with the provisions of this section, determines that an agency is experiencing difficulty in recruiting or retaining qualified applicants or employees for a specific position or category of positions;

(b) The employee occupies an indefinite, permanent or term position with a full-time or part-time tour of duty; and

(c) A service agreement for a period of no less than one (1) year, but no more than two (2) years, is executed between an agency and an applicant or employee in accordance with the provisions of §§ 1143.19 and 1143.32.

1143.4 For the purpose of § 1143.3(b), employment on less than a half-time basis and intermittent employment shall be excluded from the provisions of this section.

1143.5 An agency may not enter into any service agreement until the agency’s request for authorization to pay an additional income allowance or hiring bonus is submitted to and approved by the personnel authority in accordance with this section.

1143.6 When an agency head feels that an additional income allowance, a hiring bonus, or both, may be warranted, he or she may request authorization from the personnel authority for such allowance or bonus, and the request shall include all of the following:

(a) The position(s) or categories of positions for which there is a significant recruitment or retention problem;

(b) A justification supporting the determination that a recruitment or retention problem exists for each position or category of positions; and

(c) The amount of an allowance, a bonus, or both recommended for each position or category of positions.

1143.7 An agency head may also request his or her personnel authority to discontinue or revise an approved additional income allowance or hiring bonus.

1143.8 The personnel authority shall determine the categories of positions authorized to receive an additional income allowance or a hiring bonus based on any factors determined relevant, such as the location, grade, level of difficulty, and working conditions.

1143.9 The agency head may establish as separate categories any additional subdivisions of the categories of positions, authorized under § 1143.8, based on any factors the agency head determines relevant. These may include such factors as the location, grade or level, and specialization of the positions, and the level of qualifications sought by the agency for positions in the category.

1143.10 A significant recruitment and retention problem shall be deemed to exist for any position(s) or category of positions if the personnel authority determines that all of the following conditions are met with respect to those positions:

(a) The agency is unable to recruit and retain sufficient numbers of qualified employees for the position(s) or category of position(s) as documented by such things as the number of vacant positions, the length of time positions have been vacant, and the number of employees who have resigned, including the number resigning for higher paying positions;

(b) The qualification requirements being used as a basis for considering candidates for such vacant positions do not exceed the qualifications that are actually necessary for successful performance of the work of those positions;

(c) The agency has made efforts to recruit qualified candidates for such positions, as documented by the number of vacancies the agency tried to fill compared to the number of hires and offers made, and to retain the employees presently employed in such positions by offering relevant non-pay solutions such as establishing training programs or improving working conditions; and

(d) A sufficient number of qualified candidates is not available to fill the existing vacancies for such positions at a rate of pay the agency is able to offer in the absence of an additional income allowance or a hiring bonus.

1143.11 The provisions of § 1143.10 notwithstanding, a personnel authority may authorize an additional income allowance to retain an employee(s) whose services, based upon a written determination, are of a special need essential to an agency’s mission.

1143.12 The amount of an additional income allowance or a hiring bonus payable under this section shall be the minimum amount necessary to address the recruitment and retention problem identified by application of § 1143.10 or 1143.11.

1143.13 In determining the amount of an additional income allowance or a hiring bonus payable under § 1143.12, the personnel authority may compare positions within and outside the District government with respect to the relative earnings, responsibilities, expenses, workload, working conditions, conditions of employment, and personnel benefits.

1143.14 The amount of an additional income allowance or a hiring bonus authorized by § 1143.12 for each position or category of positions shall not exceed fifteen percent (15%) of the maximum rate payable for the grade held by the employee.

1143.15 The personnel authority shall advise the agency whether a request for an additional income allowance or a hiring bonus is approved, disapproved, or requires modification.

1143.16 When an additional income allowance is approved, the agency head shall have sole discretion as to whether to offer the allowance to any or all employees in any position(s) covered pursuant to that approval, and may initiate such an offer at any time to an employee or employees in those positions, except that payment of an additional income allowance to an employee may not begin during a period of employment covered under a service agreement required for payment of a hiring bonus.

1143.17 The agency head shall notify each employee being offered an additional income allowance of the offer and of his or her obligation to enter into a service agreement as a condition for accepting the allowance.

1143.18 An employee who is employed on a regularly scheduled part-time basis of half-time or more, and who is granted an additional income allowance under this section, shall be entitled to the additional income allowance, prorated according to the proportion of his or her work schedule to full-time employment.

1143.19 Each service agreement executed for an additional income allowance as required under § 1143.3(c) shall provide for all of the following:

(a) The specified period of service in return for the allowance;

(b) The amount of the allowance;

(c) The terms under which the agreement may be terminated; and

(d) The requirement to refund the allowance as provided in § 1143.21.

1143.20 An employee shall receive the additional income allowance authorized under this section until the earliest of any of the following:

(a) His or her position is determined to no longer be one to which the provisions of § 1143.8 or 1143.11 apply;

(b) He or she no longer occupies the position for which the allowance was authorized; or

(c) The service agreement expires.

1143.21 If an employee separates from a position covered by an additional income allowance during the period when a service agreement is in effect, the employee shall be required to refund to the District government the amount of the additional income allowance he or she has actually received under the agreement, except as provided in § 1143.22, under any of the following conditions:

(a) Removal or reduction in grade for cause;

(b) Resignation, except:

(1) A resignation for inability to return to duty due to injury or illness; or

(2) A resignation following receipt of a notice of reduction in force announcing the effective date of the employee’s release;

(c) Retirement, other than:

(1) Retirement for disability; or

(2) Retirement following receipt of a notice of reduction in force announcing the effective date of the employee’s release;

(d) Change to a lower grade at the employee’s request;

(e) Separation for failure to comply with residency requirements; or

(f) Separation during probationary period.

1143.22 The refund of an additional income allowance required pursuant to § 1143.21:

(a) Shall not exceed the amount paid to the employee for a period of twenty-six (26) weeks; and

(b) May be waived in whole or part under the provisions of Chapter 29 of these regulations.

1143.23 An additional income allowance shall not be considered basic pay for any purpose.

1143.24 An additional income allowance shall be paid in the same manner and at the same time intervals as basic pay is paid.

1143.25 An additional income allowance shall be subject to federal, District of Columbia, and State income taxes.

1143.26 An additional income allowance shall be subject to court ordered garnishments depending upon the specific provisions of the court order.

1143.27 An agency head, at his or her convenience and upon providing a notice to the employee of at least fifteen (15) calendar days, may terminate an additional income allowance and the employee’s service agreement pertaining thereto.

1143.28 The agency head, at his or her sole discretion, and at his or her convenience, may offer an employee the opportunity to renew an additional income allowance for which a service agreement has expired or is about to expire, subject to the execution by the employee of a new service agreement pursuant to § 1143.3(c).

1143.29 A termination of an additional income allowance pursuant to § 1143.27 or failure by an agency head to offer an additional income allowance to an employee shall not be grievable or appealable.

1143.30 When a hiring bonus has been approved by the personnel authority, the agency head shall have sole discretion as to whether to offer the allowance to any or all individuals hired after the effective date of that approval to fill positions covered pursuant to the approval.

1143.31 An employee who is hired to fill a position on a regularly scheduled part-time basis of half-time or more, and who is granted a hiring bonus under this section, shall be entitled to the hiring bonus, prorated according to the proportion of his or her work schedule to full-time employment.

1143.32 Each service agreement executed for a hiring bonus as required under § 1143.3(c) shall provide for both of the following:

(a) The amount of the bonus payment; and

(b) The requirement to refund the bonus as provided in § 1143.33.

1143.33 If an employee separates from a position for which he or she received a hiring bonus during the period when a service agreement is in effect, he or she shall be required to refund the hiring bonus to the District government if the separation was due to any of the following:

(a) Removal or reduction in grade for cause;

(b) Resignation, except:

(1) A resignation for inability to return to duty due to injury or illness; or

(2) A resignation following receipt of a notice of reduction in force announcing the effective date of the employee’s release.

(c) Retirement, other than:

(1) Retirement for disability; or

(2) Retirement following receipt of a notice of reduction in force announcing the effective date of the employee’s release.

(d) Change to a lower grade at the employee’s request;

(e) Separation for failure to comply with residency requirements; or

(f) Separation during probationary period.

1143.34 The refund of a hiring bonus as required pursuant to § 1143.33 may be waived in whole or in part under the provisions of Chapter 29 of these regulations.

1143.35 A hiring bonus shall be in addition to basic pay and shall not constitute an increase to an employee's basic pay or rate of basic pay, nor shall it be construed to constitute any portion of an employee's rate of basic pay.

1143.36 A hiring bonus shall be paid on a date to be determined by the agency head.

1143.37 A hiring bonus shall be subject to federal, District of Columbia, and State income taxes.

1143.38 A hiring bonus shall be subject to court ordered garnishments depending upon the specific provisions of the court order.

1143.39 A former employee of the District government who separated within three (3) years of the current appointment date shall not be eligible to receive a hiring bonus under this section.

1143.40 Failure by an agency to offer a hiring bonus to an applicant or employee shall not be grievable or appealable.

1143.41 The personnel authority shall develop and publish appropriate procedures to implement the provisions of this section.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1144 PERFORMANCE ALLOWANCE

1144.1 A personnel authority may authorize a performance allowance for exceptional service for an employee in the Career, Legal, or Management Supervisory Service.

1144.2 A performance allowance may be granted only once in any twelve-month (12-month) period and may not be granted if the employee has received a monetary award for performance pursuant to Chapter 19 of these regulations where that award was based on performance during any or all of the same period of time that would be covered by a performance allowance under this section.

1144.3 A performance award may be granted only when the employee’s performance rating assigned for the most recent rating period prior to the granting of an incentive is either “Substantially Exceeds Expectations” or better, “Exceeds Expectations” or better, or “Excellent” or better, as applicable.

1144.4 A performance allowance shall not exceed ten percent (10%) of the maximum rate of pay for the employee’s grade.

1144.5 Upon being granted, a performance allowance shall be paid in equal installments over a period of twenty-six (26) consecutive pay periods, except that such award shall not be payable following a separation prior to the end of the period covered by the allowance payment.

1144.6 A performance allowance awarded under this section shall not be considered basic pay for any purpose.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1145 CLOTHING AND UNIFORM ALLOWANCES

1145.1 Heads of agencies are authorized to provide uniforms or allowances for uniforms to employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties.

1145.2 An allowance paid under this section shall not be a part of an employee’s rate of basic pay.

1145.3 This allowance may be discontinued at any time upon written notification from the head of an agency.

1145.4 The head of an agency shall prescribe procedures necessary to administer this section.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1146 WITHHOLDING PAY AND ALLOTMENTS, GARNISHMENT, LEVY, AND TAX SET-OFF

1146.1 In this section, the following terms have the meaning ascribed:

Allotment - a recurring, specified deduction from pay, for a legal purpose, authorized by an employee to be paid to an allottee.

Allottee - the authorized institution or person(s) to which an allotment is made payable.

Allotter - the employee from whose pay an allotment is made.

Attachment - deducting from the pay of an employee, pursuant to an order of a court or agency having authority to so order, a sum of money to be paid to the court, agency, or third party for the purpose of satisfying a levy or garnishment.

D.C. One Fund Campaign - an organization of voluntary health and welfare agencies authorized to solicit charitable contributions in the Metropolitan Washington Area in accordance with arrangements prescribed by Mayor’s Order.

Dues - a voluntary, regular, periodic amount deducted from an employee’s pay and submitted to a labor organization, as authorized in a collective bargaining agreement.

Levy - a notice served by the U.S. Internal Revenue Service on an agent of the District of Columbia designated to withhold all or part of the accrued salary or wages due an employee for purposes of satisfying a delinquent tax obligation.

Pay - the pay due an employee after all deductions authorized by law such as retirement or Social Security deductions or federal or District withholding tax, when applicable, have been made.

Service fee - a fee withheld pursuant to a collective bargaining agreement from the pay of a non-member of a union, where the union holds exclusive recognition in the unit where the non-member is employed.

Tax set-off - deducting from the pay of an employee a sum of money owed to the District government for delinquent taxes.

Withholding - a mandatory, specified deduction from pay mandated by law or regulation, such as District and federal income taxes, Civil Service Retirement and FICA contributions.

1146.2 An employee shall be permitted to make allotments as follows:

(a) Dues to a labor organization in accordance with § 1146.6;

(b) Charitable contributions to the D.C. One Fund Campaign in accordance with § 1146.10;

(c) State income tax withholdings in accordance with § 1146.12;

(d) Savings to financial institutions; and

(e) Child support or alimony payments in accordance with § 1146.14.

1146.3 The Chief Financial Officer is authorized to develop procedures to carry out the provisions of this section.

1146.4 In addition to those allotments provided for in § 1146.2, the Chief Financial Officer may establish procedures under which each employee of an agency is permitted to make allotments of amounts of his or her pay for such purposes as the Chief Financial Officer considers appropriate.

1146.5 Allotments shall be subject to the following general limitations:

(a) The allotter shall specifically designate the allottee and the amount of the allotment in writing in an allotment authorization;

(b) The total amount of allotments shall not exceed the pay due the allotter for a particular period;

(c) An employee shall request in writing a change in or the revocation of an allotment;

(d) Allotters shall agree that the District government shall be held harmless for any authorized allotment disbursed in accordance with the employee’s request for an allotment from pay;

(e) Allotters shall agree that disputes regarding any authorized allotments shall be a matter between the allotter and allottee;

(f) No allotment shall be authorized to pay for any private indebtedness;

(g) Except for those employees otherwise provided for in this section, only an employee who is serving under an appointment not limited to six (6) months or less may make an allotment; and

(h) The District government shall discontinue paying an allotment when the allottee dies.

1146.6 In accordance with § 1707 of the CMPA (D.C. Official Code § 1-617.07 (2001)) and the provisions of the applicable collective bargaining agreement, an employee may authorize an allotment for dues to a labor organization that has been certified as the exclusive representative of employees in the collective bargaining unit in which the employee is employed.

1146.7 As provided in § 1707 of the CMPA (D.C. Official Code § 1-617.07 (2001)) and the provisions of the applicable collective bargaining agreement, service fees may be deducted from an employee’s salary by the employer if that provision is contained in the collective bargaining agreement.

1146.8 The District shall discontinue a dues allotment when the allotter ceases to be a member of the bargaining unit.

1146.9 An employee may make an allotment for charitable contributions to the D.C. One Fund Campaign.

1146.10 The authorization for the D.C. One Fund Campaign allotment shall be as follows:

(a) For the term of one (1) year;

(b) An equal amount per biweekly pay period, the minimum allotment to be determined by the pay authority;

(c) The allotter may not change the amount deducted each biweekly pay period during the term of the allotment;

(d) The allotter may voluntarily discontinue the allotment at any time, but a discontinued allotment shall not be reinstated; and

(e) Allotments shall be discontinued automatically upon expiration of the one-year (1-year) withholding period or upon termination of District service, whichever occurs first.

1146.11 When an employee has a legal obligation to pay, but the District government has no legal obligation to withhold State income taxes, the District government shall permit an employee to make an allotment for payment of taxes as provided in § 1146.12.

1146.12 An employee shall be permitted to make an allotment for payment of State taxes to the State of Maryland or the Commonwealth of Virginia.

1146.13 An employee shall be permitted to make up to two (2) allotments of pay to a financial organization of his or her choice for credit to his or her savings account.

1146.14 An employee shall be permitted to make an allotment for alimony, child support, or both, when he or she voluntarily elects to do so. This provision shall not apply to garnishment orders issued to enforce child support, alimony obligations, or both, as provided in 42 U.S.C. 659 and 15 U.S.C. 1673.

1146.15 The Mayor shall designate an agent to accept garnishment, levy, and tax set-offs.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1147 DUAL PAY AND DUAL EMPLOYMENT

1147.1 In this section, the following terms have the meaning ascribed:

Annuity - the gross amount of the retirement pay, exclusive of deductions, for the period of employment as a reemployed annuitant.

Pay - remuneration paid an employee.

Position - the work, consisting of the official duties and responsibilities assigned by competent authority for performance by an employee.

Reemployed annuitant - a person who is appointed to and occupies a position in the District government, and who is receiving an annuity from a District government civilian retirement system, or who otherwise meets the legal requirements and has filed for an annuity under such a system, except as provided in § 1147.2.

1147.2 As provided in § 1103(b) of the CMPA (D.C. Official Code § 1-611.03(b) (2001)), the pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to §§ 2603 through 2612 of the CMPA (D.C. Official Code §§ 1-626.03 through 1-626.12 (2001)); the Judges’ Retirement Fund, established by D.C. Official Code § 1-714 (2001); or § 3 of the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994 (D.C. Official Code § 5-723(e) (2001)).

1147.3 An employee, except as provided in § 1147.4, shall not be entitled to receive basic pay from more than one (1) position in the District government for more than an aggregate of forty (40) hours of work in one (1) calendar week.

1147.4 The provisions of § 1147.3 shall not apply to the following:

(a) Pay on a when-actually-employed basis received from more than one (1) consultant or expert position if the pay is not received for the same hours of the same day;

(b) Pay consisting of fees paid on other than a time/rate basis;

(c) Pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;

(d) Pay for intermittent employment as a teacher in the Department of Corrections;

(e) Pay for temporary part-time or intermittent employment of a teacher, custodial, or other employee necessary to carry out the recreation programs of the Department of Parks and Recreation;

(f) Pay for a ninety-day (90-day) period for full-time, part-time, or intermittent employment of a referee, umpire, swimming pool guard or attendant, gymnasium or playground supervisor, or other special employee necessary to carry out the recreation program in the Department of Parks and Recreation;

(g) Pay for part-time or intermittent employment as a counselor or monitor in connection with summer youth opportunity programs in the District government;

(h) Pay for part-time or intermittent employment as a teacher in the D.C. Public School system;

(i) Pay for part-time or intermittent employment as an instructor, teacher, or professor at the University of the District of Columbia;

(j) Pay for part-time or intermittent employment within the Department of Mental Health as a psychiatric resident or intern who is employed for training purposes under the student-stipend program; or

(k) Pay for temporary or intermittent employment for services performed due to emergencies resulting from natural disasters or similar unforeseen events or circumstances.

1147.5 An individual shall not be entitled to receive basic pay from more than one (1) position, whether with the Federal Government, the District government, or both, covered by the Civil Service Retirement System (Subchapter III of Chapter 83 of Title 5 of the U.S. Code) for more than an aggregate of forty (40) hours of work in one (1) calendar week.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1148 SEVERANCE PAY

1148.1 In this section, the following terms have the meaning ascribed:

Basic pay - the rate of pay fixed by law or administrative action for the position held by an employee at the time of separation, excluding other additional pay.

Creditable service - all service in the employ of the District or Federal Government that is creditable for purposes of the employee’s retirement system.

Equivalent position - a position of like seniority, tenure, and pay other than a retained rate.

Severance pay - pay for a separated employee, computed on the basis of the employee’s basic pay, length of creditable service, and age, as follows:

(a) To a Career Service employee or an attorney in the Excepted Service or Legal Service who is involuntarily separated in accordance with Chapter 24 of these regulations; or

(b) To a Management Supervisory Service employee who is separated for non-disciplinary reasons under the provisions of Chapter 38 of these regulations.

Severance pay fund - the total severance pay to which an employee is entitled.

1148.2 Except as provided in § 1148.3, this section applies to all of the following full-time or part-time employees with a scheduled tour of duty within each administrative workweek:

(a) Each employee serving in a career appointment (permanent or probational) in the Career Service who is involuntarily separated under the provisions of Chapter 24 of these regulations;

(b) Each employee serving in the Management Supervisory Service who is separated from service for non-disciplinary reasons under the provisions of Chapter 38 of these regulations; and

(c) Each person appointed to the Excepted and Legal Service as an attorney, other than as an attorney in the Senior Executive Attorney Service, who is involuntarily separated under the provisions of Chapter 24 of these regulations.

1148.3 This section does not apply to any of the following:

(a) An employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of three (3) calendar days following service under an appointment without time limitation, if the employee has served one (1) year;

(b) An employee who, at the time of separation by reduction in force, is receiving disability compensation under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001)), other than one receiving this compensation concurrently with pay or on account of the death of another individual;

(c) An employee who, at the time of separation by reduction in force, is entitled to receive other severance pay from the District government;

(d) A member of a board or commission who is compensated under the provisions of § 1108 of the CMPA (D.C. Official Code § 1-611.08 (2001)), or is compensated on an honorarium, stipend, fee, per diem, or any other paid basis;

(e) An employee in the Career Service or an attorney in the Excepted Service who is involuntarily separated from the service by removal for cause pursuant to Chapter 16 of these regulations, an employee in the Legal Service separated for disciplinary reasons in accordance with Chapter 36 of these regulations, or an employee in the Management Supervisory Service separated for disciplinary reasons pursuant to Chapter 38 of these regulations;

(f) An employee who, at the time of separation by reduction in force, is offered and declines to accept an equivalent position in any District agency, including an agency to which the employee with his or her function is transferred in a transfer of functions between agencies;

(g) A Management Supervisory Service employee who at the time of separation from service is offered and declines a retreat under § 954(a) of the CMPA (D.C. Official Code § 1-609.54(a) (2001)); or

(h) An employee who is offered an opportunity to transfer with his or her agency or part thereof when it is transferred to or merged with a District controlled corporation, when the statute effecting the transfer or merger includes provisions to assure that an employee who transfers will be regarded as continuing in the employ of the District for purposes of Health, Life Insurance, and Retirement benefits.

1148.4 An employee to whom this section applies who has been employed currently for a continuous period of at least twelve (12) months, shall be entitled to severance pay as provided by this section.

1148.5 Severance pay shall consist of all of the following:

(a) A basic severance allowance computed on the basis of one (1) week’s basic pay at the rate received immediately before involuntary separation for each year of creditable service up to and including ten (10) years for which severance pay has not been received under any District authority and two (2) weeks’ basic pay at that rate for each year of creditable service beyond ten (10) years for which severance pay has not been received under any District authority;

(b) Additional service credit for employees who qualify for veterans preference and District residency preference, in accordance with Chapter 24 of these regulations; and

(c) An age adjustment allowance computed on the basis of ten percent (10%) of the total basic severance allowance, as determined by § 1148.5(a) and (b), for each year by which the age of the employee exceeds forty (40) years at the time of involuntary separation.

1148.6 In computing an employee’s total years of creditable service under § 1148.5(a) and (b), the agency shall do all of the following:

(a) Credit him or her with each full year and with twenty-five percent (25%) of a year for each three (3) months of service in excess of one (1) or more full year;

(b) Provide additional service credit of four (4) years for an employee who qualifies for veterans preference; and

(c) Provide additional service credit of three (3) years for an employee who qualifies for District residency preference.

1148.7 In computing an employee’s years of age over forty (40) for the age adjustment allowance under § 1148.5(c), the agency shall credit him or her with twenty-five percent (25%) of a year for each three (3) months that his or her age exceeds forty (40).

1148.8 The total severance pay received under § 1148.5 shall not exceed twenty-six (26) weeks’ pay at the rate received immediately before separation, and total severance pay shall be limited to not more than twenty-six (26) calendar weeks during the total years of service in the District government, except that severance pay totaling twenty-six (26) weeks or less received prior to October 21, 1998 shall not be counted for this purpose.

1148.9 Upon an employee’s separation, the agency shall compute the severance pay fund, and shall pay him or her, at the same biweekly pay period intervals as if still employed, the same amount as his or her basic pay for the biweekly pay period immediately before separation until the severance pay fund is exhausted, except that the final payment shall consist only of that portion of the severance pay fund remaining.

1148.10 If an employee retains entitlement to severance pay, due to the exception specified in § 1148.3(a), severance pay shall be computed on the rate of basic pay received immediately before the termination of the appointment without time limitation.

1148.11 An employee shall be considered to be serving under an appointment with a definite time limitation under the following conditions:

(a) The employee accepts an initial appointment without time limitation in an agency that is scheduled by law or Mayor’s Order to be abolished within five (5) years of the date of his or her appointment; and

(b) The scheduled date of the agency’s abolishment has not been extended beyond five (5) years of the date of appointment at the time the employee is separated.

1148.12 The basic pay received immediately before separation for an employee who is in a nonpay status at the time of separation shall be that basic pay he or she would have received had he or she been in a pay status at the time of separation.

1148.13 The length-of-service requirement of § 1148.4 shall be deemed to be met if the employee on the date of separation has been on the rolls of one (1) or more District agencies under one (1) or more appointments without time limitation, or temporary appointments that precede or follow an appointment without time limitation, without any break in service of more than three (3) calendar days for at least the preceding twelve (12) calendar months.

1148.14 An employee who is separated by an agency as a result of an injury incurred while in the performance of duty, and who is entitled to a continuation of pay or compensation pursuant to title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001)), shall be entitled, upon reemployment with the District government, to have the entire time, during which he or she was receiving compensation or continuation of pay, counted as continuous service for purposes of determining whether the employee has satisfied the twelve-months’ (12-months’) continuous service requirement.

1148.15 An employee who is separated because of resignation shall be deemed to have been involuntarily separated for purposes of entitlement to severance pay, if he or she has not declined an offer of an equivalent position as specified in § 1148.3(f), (g), or (h), as applicable, when he or she resigns after receiving a specific notice in writing by the agency that the employee is to be involuntarily separated.

1148.16 When, with or without a break in service of more than three (3) days, an employee who is entitled to severance pay accepts one (1) or more temporary appointments with any District government agency of one (1) year or less including any authorized temporary extensions thereof, the agency that separated the employee shall suspend the payment of the severance pay for the duration of the appointment and shall, at the termination of the appointment, continue the payment of the severance pay fund as prescribed by this section.

1148.17 An employee’s service under one (1) or more temporary appointments as set forth in § 1148.16 shall not be creditable for purposes of computing severance pay that it interrupts.

1148.18 If an employee is reemployed by the District government, in an appointment other than one under § 1148.16, before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay.

1148.19 If the employee under § 1148.16 becomes entitled to severance pay upon subsequent separation, the agency shall compute his or her severance pay fund at the time of the subsequent separation as the basis of all creditable service and current age and shall deduct from the number of weeks due the number of weeks the employee previously received severance pay.

1148.20 If at the time of separation an employee is receiving a retained rate, that rate shall be his or her rate of basic pay to be used for purposes of computing severance pay.

1148.21 The period for which severance pay is paid shall not be regarded as a period of District service or employment.

1148.22 If the employee dies before the severance pay fund is exhausted, the remaining severance pay shall be paid in a lump sum to the survivor in accordance with § 1150.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1149 BACK PAY

1149.1 In this section, the following terms have the meaning ascribed:

Appropriate authority - an entity having authority to correct or direct the correction of an unjustified or unwarranted personnel action, including but not limited to the following:

(a) A court having jurisdiction;

(b) The Office of the Corporation Counsel;

(c) The head of the employing agency or an agency official to whom corrective action authority is delegated;

(d) The pay authority;

(e) The Office of Employee Appeals;

(f) The Public Employee Relations Board;

(g) The Office of Human Rights;

(h) The Equal Employment Opportunity Commission;

(i) An arbitrator in a binding arbitration case; and

(j) Any other federal agency authorized to order remedial actions under any program providing federal financial assistance.

Benefits - monetary and employment benefits to which an employee is entitled by law or regulation, including but not limited to health and life insurance, and excluding pay as defined in this section.

Nondiscretionary provision - any provision of law, Mayor’s Order, regulation, personnel policy issued by the pay authority, or collective bargaining agreement that requires a personnel authority to take a prescribed action under stated conditions or criteria.

Pay - the rate of basic pay or basic compensation as defined under the applicable pay system; pay increases; within-grade increases; premium pay (including holiday, Sunday, night, administrative closing, and local environment pay); on-call pay; retained rates; and pay adjustments for District Service supervisors. For the purpose of this section, pay also means annual, sick, court, and military leave.

Unjustified or unwarranted personnel action - an act of commission (that is, an action taken under authority granted to an authorized official) or of omission (that is, non-exercise of proper authority by an authorized official) that is subsequently determined to have violated or improperly applied the requirements of a nondiscretionary provision, as defined herein, and thereby resulted in the withdrawal, reduction, or denial of all or any part of the pay or benefits, as used herein, otherwise due an employee. The words “personnel action” include personnel actions and pay actions, alone or in combination.

1149.2 An employee who, on the basis of a timely appeal of an administrative determination is found, by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have undergone an unjustified or unwarranted personnel action resulting in the withdrawal or reduction of all or part of an employee’s pay or benefits, shall be entitled, on correction of the personnel action, to back pay under this section.

1149.3 This section applies to the computation, payment, and restoration of pay and benefits for the purpose of making an employee financially whole, when the employee, on the basis of an administrative determination, a timely appeal, grievance, or claim against the District government, is found to have undergone an unjustified or unwarranted personnel action.

1149.4 An unjustified or unwarranted personnel action shall only be corrected if it is found by appropriate authority that the withdrawal, reduction, or denial of all or part of the pay or benefits due an employee was the clear and direct result of and would not have occurred but for the unjustified or unwarranted personnel action.

1149.5 The requirement for an administrative determination shall be met when an appropriate authority finds that an agency has taken a personnel action it was prohibited from taking, has taken a personnel action not authorized by law or regulation, or has not taken a personnel action it was required to take.

1149.6 The requirement for a timely appeal shall be met when an employee or personal representative initiates a claim for settlement of the employee’s claim against the District government in accordance with the procedures included in a collective bargaining agreement, or in other procedures established by an appropriate authority, and the claim is accepted as timely filed by the personnel authority administering the appeal or grievance system, or is found to be timely by the appropriate authority.

1149.7 A personnel action, to be unjustified or unwarranted, must be determined by an appropriate authority to be improper or erroneous on the basis of substantive defects, and no employee shall be entitled to back pay or reinstatement solely on the basis of procedural error by the agency.

1149.8 The requirement for correction of the personnel action shall be met when appropriate authority, consistent with law, Mayor’s Order, regulation, or collective bargaining agreement, after a review, makes or directs the correction of an unjustified or unwarranted personnel action.

1149.9 Subject to the provisions of §§ 1149.11 and 1149.12, the period for which recomputation is required under § 1149.10 shall be the period covered by the unjustified or unwarranted personnel action that is corrected.

1149.10 When an appropriate authority corrects or directs the correction of an unjustified or unwarranted personnel action, the agency shall determine the employee’s back pay entitlement by recomputing for the period covered by the corrective action the pay and benefits of the employee as if the unjustified or unwarranted personnel action had not occurred, but in no case shall the employee be granted more pay or benefits than he or she would have been entitled by law, Mayor’s Order, regulation, or agency policy.

1149.11 In computing the amount of back pay under this section, the agency shall not include any of the following:

(a) Any period during which the employee was not ready and able to perform his or her job because of an incapacitating illness, except that the agency shall grant, upon the request of and documentation by the employee, any sick leave or annual leave to his or her credit to cover the period of incapacity by reason of illness;

(b) Any period during which the employee was unavailable for the performance of his or her job; or

(c) Any period after one (1) year from the date of the unjustified or unwarranted personnel action where it is determined that an employee has not actively sought employment.

1149.12 In computing the amount of back pay due an employee, the agency shall deduct both of the following:

(a) Any amounts earned by the employee from other employment during the period covered by the personnel action being corrected; and

(b) Any erroneous payment received from the District or Federal Government as a result of the unjustified or unwarranted personnel action, which, in the case of erroneous payments received from the federal Civil Service Retirement System, Police and Fire Retirement System, and any District retirement system, shall be returned to the appropriate system.

1149.13 The agency shall include as other employment under § 1149.12(a) only that employment engaged in by the employee to take the place of the employment from which the employee was separated.

1149.14 An employee entitled to back pay under this section shall have included in the back pay computation any pay or benefit that the employee would have received, except that overtime pay shall not be included in the back pay award.

1149.15 Back pay awarded under this section shall be subject to any withholdings, allotments (as defined in § 1146), and deductions as required by law or regulation.

1149.16 Any indebtedness remaining after liquidation of back pay may be subject to waiver by either of the following:

(a) The Mayor, for the employee’s indebtedness to the District government, pursuant to Chapter 29 of these regulations; or

(b) The U.S. Office of Personnel Management, for the employee’s indebtedness to the Civil Service Retirement System.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1150 PAYMENT OF MONEY DUE - SETTLEMENT OF ACCOUNTS (DECEASED EMPLOYEES)

1150.1 In this section, the following term has the meaning ascribed:

Money due - the pay and allowances due on account of the services of a deceased employee of the District of Columbia government, not including benefits payable under Title 5 of the U.S. Code.

1150.2 The personnel authority shall notify each employee of his or her right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated.

1150.3 An employee who designates a beneficiary or beneficiaries under § 1150.2 shall file the designation in writing with the Office of Pay and Retirement Services or with his or her servicing personnel office, which shall then forward the designation to the Office of Pay and Retirement Services.

1150.4 An employee may file, change, or revoke a designation at any time, which shall become effective on the date received in the Office of Pay and Retirement Services.

1150.5 In order to facilitate settlement of accounts of a deceased employee, money due an employee at the time of his or her death shall be paid to the person or persons surviving at the date of death, in the following order of precedence:

(a) First, to the beneficiary or beneficiaries designated by the employee in writing;

(b) Second, if there is no designated beneficiary, to the widow or widower of the employee;

(c) Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation;

(d) Fourth, if none of the above, equally to the parents of the employee or the survivor of them;

(e) Fifth, if none of the above, to the duly appointed legal representative of the employee’s estate; and

(f) Sixth, if none of the above, to the person or persons entitled under the laws of the employee’s domicile at the time of the employee’s death.

1150.6 A legal separation agreement shall not divest the widow or widower of a deceased employee of his or her right to unpaid compensation in the absence of the designation of another beneficiary.

1150.7 No payment of money due shall be made to an heir or beneficiary of a deceased employee if that heir or beneficiary is found guilty of feloniously killing the employee upon whose death the payments become due.

1150.8 Payment under § 1150.5 shall bar recovery by another party or parties of the amounts so paid.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1151 WAIVER OF COMPENSATION

1151.1 Any officer or employee of the District government entitled to compensation may decline to accept all or any part of his or her compensation through a waiver signed, notarized, and filed with the Director of Personnel.

1151.2 The amount waived shall not be subject to deduction and withholding for retirement and life insurance, and shall not be considered as salary for the purpose of computing annuities and insurance coverage.

1151.3 The waiver may be revoked in writing at any time; however, the individual may not receive retroactive payment of compensation for the period the waiver was in effect.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1152 PAY CLAIMS

1152.1 A claim for the payment of compensation under this chapter must be filed in writing with the pay authority within three (3) years from the date it first accrued or the claim shall be forever barred.

1152.2 The date of accrual of a claim under § 1152.1 shall be the first day the services were performed or the date other compensation under this chapter was due.

1152.3 Upon receipt of a claim, the pay authority shall investigate the claim, and shall respond in writing to the claimant within ninety (90) days of receipt of the claim.

1152.4 The pay authority shall either grant or deny the pay claim in writing. The failure of the pay authority to issue a written decision within the time specified in Subsection 1152.3 shall toll the three (3) year limitation established in Subsection 1152.1.

1152.5 A written decision by the pay authority either granting or denying a pay claim shall constitute the final decision on the claim and shall not be grievable or subject to further administrative review.

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 63 DCR 16086 (December 30, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1152

6-B DCMR § 1153 EMPLOYMENT AND SALARY REDUCTION OF REEMPLOYED ANNUITANTS

1153.1 For the purposes of this section, the following terms shall have the meaning ascribed:

Annuitant - An individual who is receiving or who has made application for an annuity under any District or Federal Government retirement system.

Annuity offset - A reduction in the basic pay of a reemployed annuitant, prior to any deductions, which is equal to the amount of the annuity allocable to the period of reemployment.

Covered position - A position that entitles the incumbent to coverage under the Civil Service Retirement System (CSRS).

District government retirement system - Any of the following retirement systems: Teachers' Retirement System, Police and Fire Retirement System, and Teachers' Insurance and Annuity Association programs.

Reemployed annuitant - A former employee who is receiving or who has made application for an annuity under any District government retirement system or an individual who was first hired by the District government prior to October 1, 1987 in a covered position and who retires and is subsequently rehired.

1153.2 Each personnel authority is required to offset the salary of certain reemployed annuitants, as provided in this section.

1153.3 Except as provided in § 1153.6, annuity offset shall be applicable to any employee who meets either of the following criteria:

(a) An individual who is receiving or who has made application for an annuity under any District government retirement system and who is selected for employment in the District government on or after January 1, 1980; or

(b) An individual who is hired by the District government for the first time prior to October 1, 1987, in a position covered by the Civil Service Retirement System (CSRS) and who retires under that system and is subsequently rehired.

1153.4 Each appointee shall notify the servicing personnel office in writing, on or before the date of appointment, if he or she has applied for or is receiving an annuity from any District government retirement system or from the CSRS.

1153.5 Upon a determination that an appointee is subject to annuity offset, the personnel authority shall notify the appointee in writing that, pursuant to D.C. Law 2-139, as amended by D.C. Law 10-172, if he or she accepts the appointment, the basic pay for the position will be reduced in an amount equal to the annuity allocable to the period of reemployment.

1153.6 An annuitant who is reemployed by the District government under either the Retired Police Officer Redeployment Amendment Act of 1992 or the Retired Police Officer Public Schools Security Personnel Department Amendment Act of 1994 shall not be subject to annuity offset.

1153.7 Any individual who was first hired by the District government on or after January 1, 1980, who was receiving an annuity under any retirement system of the uniformed services of the United States and whose salary plus annuity exceeded step 1 of a DS-15, shall cease to be subject to any reduction in salary because of the annuity, effective with the pay period which began on October 2, 1994.

1153.8 Any employee who is an annuitant under the CSRS, who was first hired by the District government after September 30, 1987, shall not be subject to annuity offset for any period of employment, effective with the pay period which began on October 2, 1994.

History

• SOURCE: Final Rulemaking published at 47 DCR 2421 (April 7, 2000).

6-B DCMR § 1154 RESERVED

History

• SOURCE: Final Rulemaking published at 48 DCR 4179 (May 11, 2001); as amended by Final Rulemaking published at 52 DCR 934 (February 4, 2005).

6-B DCMR § 1155 MILITARY ACTIVE DUTY PAY DIFFERENTIAL

1155.1

(a) Any full-time permanent, indefinite, or term employee who serves in a reserve component of the United States armed forces and who has been or will be called to active duty in preparation for, or as a result of Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall be entitled to apply for and receive, as applicable, a pay differential to compensate the employee for any difference between the employee’s District government basic pay and basic military pay.

(b) For the purposes of this section, the phrase “any full-time permanent employee, indefinite, or term employee” in Subsection 1151.1(a) of this section shall include at-will employees.

1155.2 An employee as described in Subsection 1155.1 of this section shall not be required to be released from active duty before making application for and receiving the pay differential. However, if the employee has not been released from active duty when he or she makes application for the pay differential, the employee shall provide all documentation required in Subsection 1155.9 of this section, except that in lieu of providing a copy of the military orders releasing the employee from active duty, the employee shall provide a letter from his or her commanding officer attesting to the fact that the employee, as of the date of application for the pay differential, is still in an active duty status.

1155.3 A pay differential received pursuant to this section shall not be considered basic pay for any purpose.

1155.4 Any eligible employee, upon making application for the pay differential and upon approval of the application by his or her department or agency head, shall receive a pay differential that equals the difference between the employee’s District government basic pay reduced by the employee’s basic military pay.

1155.5 The estate of any eligible employee who has been killed while in active duty or who is missing in action as a result of active duty shall be eligible to collect any pay differential to which the employee would have been entitled upon making application on behalf of the employee and upon approval of the application by the employee’s department or agency head.

1155.6 The period of entitlement to the pay differential shall not exceed:

(a) The period following the formal inception of Operation Enduring Freedom through the date the employee is released from active duty occasioned by Operation Enduring Freedom; or

(b) The period following the formal inception of the preparations for a potential conflict with Iraq and the period following the formal inception of Operation Iraqi Freedom through the date the employee is released from active duty occasioned by, the preparation for, or, Operation Iraqi Freedom.

1155.7 The pay differential shall not be payable for any period following the employee’s release from active duty and the employee’s return to his or her District government position.

1155.8 The pay differential shall not be payable for any days for which the employee received pay by reason of any annual leave, military leave, compensatory time, or any other form of paid leave taken by the employee.

1155.9 In making application for the pay differential, the employee shall:

(a) Provide a copy of the military orders activating the employee for full-time active military service for the Operation Enduring Freedom conflict, or, in preparation for, or, as a result of, the Operation Iraqi Freedom conflict;

(b) Provide a copy of the military orders releasing the employee from full-time active military service for the Operation Enduring Freedom conflict, or, for the preparation for, or, the Operation Iraqi Freedom conflict; and

(c) Provide all military pay documentation required to calculate the differential amount.

1155.10 A pay differential under this section shall be paid by the agency that last employed the eligible employee before the employee was ordered to active duty as specified in Subsection 1155.1 of this section, out of the agency’s funds or appropriations then currently available for salaries and expenses.

1155.99 DEFINITIONS

Active duty - full-time duty in the active military service of the United States for the Operation Enduring Freedom conflict, or, in preparation for, or, for the Operation Iraqi Freedom conflict.

Armed forces - has the meaning prescribed in 10 USC § 101 (a)(4).

Basic military pay - the basic pay under 37 USC § 204.

Basic pay - the employee’s scheduled rate of pay plus any additional pay that is defined as basic pay for annuity computation purposes in the retirement system in which the employee is a participant.

Employee - any full-time permanent, indefinite, or term employee who serves in a reserve component of the United States Armed Forces and who has been called to active duty as a result of the Operation Enduring Freedom conflict, or in preparation for, or as a result of the Operation Iraqi Freedom conflict.

Operation Enduring Freedom - the period encompassed within Executive Order 13223 Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation, effective September 14, 2001, and amended by Amendment to Executive Order 13223, effective January 16, 2002 and ending on the date the employee is released from active duty occasioned by Operation Enduring Freedom.

Operation Iraqi Freedom - the period encompassed within the Joint Resolution entitled Authorization for Use of Military Force Against Iraq Resolution of 2002, approved October 16, 2002 (Pub.L. 107-243) and ending on the date the employee is released from active duty occasioned by Operation Iraqi Freedom.

Reserve component - has the meaning prescribed in 37 USC § 101 (24).

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 56 DCR 1271 (February 6, 2009); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1155

6-B DCMR § 1156 QUALITY SALARY INCREASE

1156.1 The personnel authority may authorize a quality salary increase for exceptional service for an employee in the Career, Educational, or Legal Service who is entitled to a regular within-grade increase, but has not reached the maximum step of his or her grade.

1156.2 A quality salary increase may be authorized only once in any twelve (12) month period and may not be granted if the employee has received a monetary incentive award for performance within the same twelve (12) month period, pursuant to Chapter 19.

1156.3 A quality salary increase awarded under this section may be granted only when the employee's performance rating assigned for the most recent rating period prior to the granting of the quality salary increase is “Highly Effective Performer” or “Role Model,” or their equivalent. The quality salary increase shall be awarded as follows:

Performance Evaluation Level

Number of Steps

Highly Effective Performer

1

Role Model or equivalent

2

1156.4 A quality salary increase shall be subject to the availability of funds.

1156.5 A quality salary increase awarded under this section shall not affect the waiting period requirement contained in Sections 1127 or 1129 for within-grade increases.

History

• SOURCE: Final Rulemaking published at 63 DCR 16086 (December 30, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1156

6-B DCMR § 1157 RESERVED

6-B DCMR § 1158 RESERVED

6-B DCMR § 1159 RESERVED

6-B DCMR § 1160 RESERVED

6-B DCMR § 1161 RESERVED

6-B DCMR § 1162 RESERVED

6-B DCMR § 1163 RESERVED

6-B DCMR § 1164 RESERVED

6-B DCMR § 1165 RESERVED

6-B DCMR § 1166 RESERVED

6-B DCMR § 1167 RESERVED

6-B DCMR § 1168 RESERVED

6-B DCMR § 1169 RESERVED

6-B DCMR § 1170 DISTRICT OF COLUMBIA PRE-TAX BENEFITS PROGRAM

1170.1 The District of Columbia tax-favored and pre-tax benefits program, hereinafter the D.C. Pre-Tax Plan, is hereby established pursuant to the provisions of the District of Columbia Government Comprehensive Personnel Act of 1978, effective March 3, 1979, as added by the District of Columbia Government Comprehensive Merit Personnel Act of 1978 Employee Benefits Amendment Act of 1992 (the “CMPA”), effective March 16, 1993 (D.C. Law 9-198; D.C. Code § 1-612.19 (1999 Repl.)).

1170.2 The D.C. Pre-Tax Plan shall comply with the requirements of the Internal Revenue Code of 2000 and any future amendments, and its regulations and interpretations.

1170.3 The D.C. Pre-Tax Plan shall include the following:

(a) Dependent Care Flexible Spending Accounts;

(b) Medical Expense Flexible Spending Accounts; and

(c) Pre-Tax Health Insurance Premium Conversion.

1170.4 The Dependent Care Flexible Spending Account shall provide a pre-tax benefit to participants that will allow recovery of certain dependent care costs as permitted under the Internal Revenue Code.

1170.5 The Medical Expense Flexible Spending Account shall be designed to be a self-insured medical reimbursement account under § 105 of the Internal Revenue Code and shall provide a pre-tax benefit to participants that will enable them to recover certain unreimbursed health care costs.

1170.6 The Pre-Tax Health Insurance Premium Conversion shall provide a pre-tax benefit to participants that will enable them to pay their health insurance coverage premium on a pre-tax basis to the extent permitted under the Internal Revenue Code.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1171 ADMINISTRATION

1171.1 The Director of the Office of Personnel (Director) shall be the Plan Administrator for the D.C. Pre-Tax Plan. The Director may, at his or her discretion, designate a third party administrator for the plan.

1171.2 The Plan Administrator shall notify all participants in the event of an amendment or termination of the D.C. Pre-Tax Plan. All decisions of the Plan Administrator in the administration of this plan shall be final and binding on all parties.

1171.3 The Plan Administrator shall develop documents to implement the D.C. Pre-Tax Plan which include all of the following terms, conditions, and provisions:

(a) Purpose of the D.C. Pre-Tax Plan;

(b) Definitions;

(c) Eligibility;

(d) Election process and benefits;

(e) Plan administration;

(f) Amendments to, or termination of the plan; and

(g) Miscellaneous provisions.

1171.4 The Plan Administrator shall develop an enrollment form containing time limits, as applicable.

1171.5 The Plan documents shall be provided to participants prior to any election period.

1171.6 Any communication, statement, or notice shall be mailed to each participant at his or her home address on file with the Plan Administrator at the time of the mailing. This shall be deemed sufficient for all purposes of this chapter.

1171.7 The Plan Administrator shall rely on representations made by the participant with respect to age, marital status and other personal facts, and shall require proof to support any change in the representation made by the participant.

1171.8 The Plan Administrator shall determine the frequency of reimbursements for each plan option and the minimum employee elections that may be withheld from an employee's pay, and shall make this information available to participants prior to any open enrollment period.

1171.9 The Plan Administrator shall maintain a Flexible Spending Account or Accounts for each participant and shall record the amounts credited to each such account and the amount and type of expense charged against each account.

1171.10 A Flexible Spending Account is a plan that permits employees to reduce their salary to purchase certain employee benefits not reimbursed by the employer’s benefit programs. The Plan Administrator shall keep accurate records of amounts credited to each participant's Flexible Spending Account(s).

1171.11 A participant's Flexible Spending Account(s) maintained for any plan year shall be used only to reimburse expenses incurred during that portion of the plan year in which the participant was in the D.C. Pre-Tax Plan.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1172 COVERAGE

1172.1 An eligible employee may elect to participate in the Dependent Care Flexible Spending Account and the Medical Expense Flexible Spending Account by completing and signing an enrollment form for that benefit as prescribed by the Plan Administrator.

1172.2 An employee shall be automatically enrolled to participate in the Pre-Tax Health Insurance Premium Conversion. The employee may elect to opt out or cancel the Pre-Tax Health Insurance Premium Conversion by completing and signing a waiver form within the time limits prescribed by the Plan Administrator.

1172.3 Any payment of, or the right to, benefits shall be non-assignable and non-transferable.

1172.4 The following persons shall not be eligible for coverage under the D.C. Pre-Tax Plan:

(a) An employee serving under an appointment of one (1) year or less, unless such an appointment follows an appointment of one (1) year or more with a break in service of three (3) days or less.

(b) An employee serving under a temporary appointment, or who is employed for brief periods at intervals;

(c) An employee who is expected to work less than six (6) months in each year, except for an employee of a D.C. Office of Personnel approved career-related work-study program of at least one (1) year’s duration and who is expected to be in a pay status for at least one-third (1/3) of the total period of time from the date of initial appointment to the completion of the work-study program;

(d) An intermittent employee;

(e) A patient or resident in a hospital, group/halfway home, or correctional or mental institution of the District government who is employed in that facility but who is paid according to a District pay schedule;

(f) An employee of an Advisory Neighborhood Commission;

(g) An individual paid on a contract or fee basis;

(h) An annuitant or retiree; and

(i) An individual receiving disability compensation.

1172.5 An eligible employee who is a participant in the D.C. Pre-Tax Plan shall remain in the plan until one (1) of the following occurs:

(a) The participant ceases to be a District employee;

(b) The participant elects to revoke an election for coverage during the initial election period or subsequent election periods;

(c) The participant elects to revoke an election for coverage due to change in family status (e.g., marriage, divorce, change of employment, etc.), within thirty (30) days following such change in family status.

1172.6 For the first plan year, the initial election period for the Dependent Care and Medical Expense Flexible Spending Accounts shall be the period from December 1, 2000 through December 15, 2000.

1172.7 The Plan Administrator shall make the final determination of the applicability of this chapter to specific persons or groups of persons.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1173 CONTRIBUTIONS

1173.1 Employee contributions to the D.C. Pre-Tax Plan shall be made in accordance with the requirements of the Internal Revenue Code. Such pre-tax contributions shall not reduce the employee's rate of basic pay upon which retirement, pension, or other benefits by law are computed.

1173.2 Pursuant to the CMPA, and to the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall not affect an employee's contributions to life insurance, retirement, or any other benefits computed on an employee’s rate of basic pay. Any amount of contributions made on a pre-tax basis shall not be included to compute federal or District of Columbia income tax withholdings, including Federal Insurance Contributions Act (FICA), to the extent permitted, on behalf of any participant.

1173.3 The salary otherwise payable each pay period to an employee who participates in the D.C. Pre-Tax Program shall be reduced so that contributions may be made to pay for insurance premiums or to the employee’s Flexible Spending Account(s).

1173.4 An employee may request an exception to the time limits for enrolling when the employee was unable, for causes beyond his or her control, to elect to participate within the time limits prescribed. The Plan Administrator shall determine whether a request for an exception to the time limits shall be granted.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1174 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT

1174.1 A dependent care plan within the meaning of 129 of the Internal Revenue Code provides a pre-tax benefit to participants that enables them to recover certain dependent care costs. A participant in a Dependent Care Flexible Spending Account may elect to reduce his or her salary by an annual amount of up to $5,000 for a single taxpayer or a married taxpayer filing jointly, or $2,500 for a married taxpayer filing separately (or such other amount as permitted by the Internal Revenue Code). These pre-tax salary reductions shall be reduced in equal installments based on the number of pay periods in the plan year.

1174.2 The maximum amount elected by the participant shall be prorated for a plan year of less than twelve (12) months for an employee who participates in a Dependent Care Flexible Spending Account for less than a full twelve (12) months.

1174.3 A person who elects to participate in a Dependent Care Flexible Spending Account shall be entitled to reimbursement for dependent care expenses incurred during a plan year which are considered eligible employment related expenses under the child and dependent provisions of the Internal Revenue Code.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1175 MEDICAL EXPENSE FLEXIBLE SPENDING ACCOUNT

1175.1 A self-insured medical reimbursement plan within the meaning of 105 of the Internal Revenue Code provides a pre-tax benefit to participants that will enable them to recover certain unreimbursed health care costs. A participant in the Medical Expense Flexible Spending Account may elect to reduce his or her salary by a maximum annual amount of up to $2,500, to be reduced in equal installments based on the number of pay periods in the plan year. This maximum amount will be prorated for a participant who enrolls in the Medical Expense Flexible Spending Account for less than a full twelve (12) months.

1175.2 A participant in a Medical Expense Flexible Spending Account shall be entitled to reimbursements for eligible expenses incurred during the plan year for the health care of the participant, and the participant’s spouse and dependents.

1175.3 Claims for reimbursement for eligible medical expenses shall be made on the appropriate form or forms furnished by the Plan Administrator for purposes of Medical Expense Flexible Spending Account and shall be submitted to the Plan Administrator.

1175.4 Medical expenses reimbursed under the D.C. Employees’ Health Benefits Program (DCEHB) and the Federal Employees’ Health Benefits Program (FEHB) which cover the participant and eligible family members shall not be reimbursable under a MEFSA.

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1176 GROUP LEGAL SERVICES PROGRAM (INTERNAL REVENUE CODE OF 2000, § 120) (RESERVED)

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1177 EDUCATIONAL ASSISTANCE PROGRAMS (INTERNAL REVENUE CODE OF 2000, § 127) (RESERVED)

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1178 QUALIFIED TRANSPORTATION FRINGE BENEFIT (INTERNAL REVENUE CODE OF 2000,§ 132(F)) (RESERVED)

History

• SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

6-B DCMR § 1199 DEFINITIONS

1199.1 In this chapter, the following terms have the meaning ascribed:

Active duty - full-time duty in the active military service of the United States for the Operation Enduring Freedom conflict, or, in preparation for, or, for the Operation Iraqi Freedom conflict.

Administrative closing leave - additional time off earned by an emergency employee on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

Administrative closing pay - additional pay earned by an emergency employee on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

Administrative workweek - a period of seven (7) consecutive calendar days, Sunday through Saturday.

Agency - the meaning set forth in § 301(a) of the CMPA (D.C. Official Code § 1-603.01(1) (2001 ed.)), excluding the courts.

Agency head - the highest executive official of an agency or an official who has been delegated the authority to act for that official in the matter concerned.

Armed forces - has the meaning prescribed in 10 USC § 101 (a)(4).

Basic military pay - the basic pay under 37 USC § 204.

Basic pay - the employee’s scheduled rate of pay plus any additional pay that is defined as basic pay for annuity computation purposes in the retirement system in which the employee is a participant.

Basic workweek - except as otherwise provided, a workweek of not more than forty (40) hours per week, in a period of not more than five (5) days during an administrative workweek.

Biweekly pay period - two (2) consecutive administrative workweeks as established by the pay authority.

Cafeteria plan - common name (sometimes also called “flexplan”) for a plan offered under § 125 of the Internal Revenue Code, under which an employee chooses benefits from a “menu” of choices.

Calendar week - a period of seven (7) consecutive calendar days, Sunday through Saturday.

Career Service - positions in the District government as provided in §§ 801 and 204 of the CMPA (D.C. Official Code §§ 1-608.01 and 1-602.04 (2001 ed.)).

Change to lower grade - the change of an employee to a lower grade when both the old and new positions are under the same salary or rate schedule.

Compensatory time - time off in lieu of overtime pay for overtime work performed.

Competitive appointment – an appointment or reassignment to a position within the District government made through open competition to the general public.

Consultant - a person who serves as an advisor to an officer or instrumentality of the District government, as distinguished from an officer or employee who carries out the agency’s duties and responsibilities. A consultant gives views or opinions on problems or questions presented by the agency, but neither performs nor supervises performance of operating functions. The person is expert in the field in which he or she advises, but need not be a specialist. A person’s expertness may consist of a high order of broad administrative, professional, or technical experience indicating that his or her ability and knowledge make his or her advice distinctively valuable to the agency.

Days - calendar days, unless otherwise specified.

Dependent - an individual as defined in § 152 of the Internal Revenue Code.

District Service Salary System - the basic pay system for positions that are classified pursuant to § 1101 of these regulations and for which compensation is established on an annual basis.

District Service salary schedules - the pay schedules applicable to employees who are paid under the District Service Salary System.

Emergency employee - an employee who, pursuant to Chapter 12 of these regulations, is designated in writing by an agency head as one who must remain on duty or report to duty to provide minimum required services during a period of early dismissal or government closings, or when it is deemed appropriate in the public interest to excuse most employees from duty because of an unusual situation.

Employee - any full-time permanent, indefinite, or term employee who serves in a reserve component of the United States Armed Forces and who has been called to active duty as a result of the Operation Enduring Freedom conflict, or in preparation for, or as a result of the Operation Iraqi Freedom conflict.

Equivalent increase - an increase or increases in the employee’s rate of basic pay equal to or greater than the amount of a within-grade increase in the grade in which the employee is serving.

Excepted Service - positions identified as being statutory, transitional, public employment, special category, training, or policy positions and authorized by title IX of the CMPA (D.C. Official Code §§ 1-609.01 et seq. (2001 ed.)). These positions are not in the Career, Legal, or Management Supervisory Service.

Executive Service - subordinate agency heads whom the Mayor is authorized to appoint in accordance with Title X-A of the CMPA (D.C. Official Code §§ 1-610.51 et seq. (2001 ed.)).

Existing rate of basic pay - the rate of basic pay received immediately before the effective date of transfer, reassignment, promotion, change to lower grade, within-grade increase, or salary or rate schedule revision.

Expert - an expert may be a person who performs or supervises regular duties and operating functions and includes (a) a person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field; and (b) certain members of boards or commissions.

Flexible spending account - an account provided as part of a cafeteria plan which allows an employee to fund medical care expenses on a pre-tax basis which are not covered under other medical benefits coverage and dependent care expenses. The employee claims reimbursement for such expenses from funds in the account, up to the total contributed to the account for that year.

Garnishment - a legal obligation served through a writ, court order, or summons from the District of Columbia Superior Court or a U.S. District Court of competent jurisdiction on behalf of a claimant concerning the attachment of pay to satisfy an employee’s obligation to pay alimony, child support, or both.

Health care expense - an expense related to the diagnosis, cure, mitigation, treatment, or prevention of disease consisting of expenses for medical care within the meaning of § 213 of the Internal Revenue Code.

Holiday premium pay - additional pay for holiday work.

Holiday work - all work performed within an employee’s scheduled tour of duty on a day designated as a holiday under § 1202 of the CMPA (D.C. Official Code § 1-612.02 (2001 ed.)) or established as an in-lieu-of day when an employee’s regularly scheduled day off falls on a holiday.

Hourly rate of basic pay - the rate of pay derived when the annual rate of basic pay is divided by two thousand eighty (2,080).

Labor organization - an organization certified as an exclusive representative by the Public Employee Relations Board of the District of Columbia.

Legal Service - positions in the District government as provided in title VIII-B of the CMPA (D.C. Official Code §§ 1-608.51 et seq. (2001 ed.)).

Local environment pay - additional pay that has been authorized for a duty involving unusually severe hazards or working conditions.

Management Supervisory Service - positions in the District government as provided in Title IX-A of the CMPA (D.C. Official Code §§ 1-609.51 et seq. (2001 ed.)).

Medical intern or resident - a graduate of a medical school assigned or attached principally for training purposes to a hospital, clinic or medical or dental laboratory operated by an agency for whom the pay authority has approved the use of a stipend.

New appointment - the first appointment, regardless of tenure, as an employee of the District government.

Night differential - additional pay for regularly scheduled night work.

Night work - regularly scheduled work performed between the hours of 6:00 p.m. and 6:00 a.m.

Nonpay status - hours in the categories of leave without pay (LWOP), absence without leave (AWOL), and suspension.

Nonworkday - any calendar day outside of those calendar days within an employee’s basic workweek exclusive of holidays and administrative dismissals established by administrative order or Mayor’s Order or other days established by statute.

On-call pay - additional compensation provided when a determination has been made that the work of the position requires the employee to remain accessible and available to the point where his or her time cannot be used effectively for his or her own purposes.

Operation Enduring Freedom - the period encompassed within Executive Order 13223 Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation, effective September 14, 2001, and amended by Amendment to Executive Order 13223, effective January 16, 2002 and ending on the date the employee is released from active duty occasioned by Operation Enduring Freedom.

Operation Iraqi Freedom - the period encompassed within the Joint Resolution entitled Authorization for Use of Military Force Against Iraq Resolution of 2002, approved October 16, 2002 (Pub.L. 107-243) and ending on the date the employee is released from active duty occasioned by Operation Iraqi Freedom.

Participant - an employee who is eligible and elects to participate in the D.C. Pre-Tax Plan.

Pay authority - the Mayor or the Director of Personnel, who has been delegated the authority to establish the compensation system for the Career, Legal, Excepted, or Management Supervisory Service.

Pay period - see definition of “biweekly pay period.”

Personnel authority - an individual or entity listed in § 406(b) of the CMPA (D.C. Official Code § 1-604.06(b) (2001 ed.)), or a person delegated that authority by such an individual or entity.

Premium pay - additional pay authorized by this chapter for holiday work, Sunday work, night work, work by an emergency employee during an administrative closing, work involving unusually severe working conditions or hazards, when that work is performed within the employee’s scheduled tour of duty.

Pre-tax salary reductions - amount of an employee’s salary which is not paid to the employee in cash but used for some other purpose. Such contributions are pre-taxed if they reduce income before taxes and FICA taxes are computed.

Promotion - the change of an employee to a position at a higher grade level within the same job classification system and salary or rate schedule.

Rate of basic pay - except as otherwise provided, the pay rate fixed by law, Wage Order, or Mayor’s Order for the position held by an employee before any deductions and exclusive of additional pay of any kind, except as otherwise provided.

Reassignment - a change of an employee from one position to another position of the same (exact) representative rate.

Reduction in force - any reduction in the work force under the provisions of Chapter 24 of these regulations.

Reemployment - employment, including reinstatement or another type of appointment, after a break in service of at least one (1) full workday.

Representative rate - as provided in Subsection 1131.11 of this chapter, the rate used to determine the nature of a job change when the job change involves different salary or rate schedules (specifically, the representative rate is used to determine if the job change is a promotion, change to lower grade, or reassignment, by comparing the representative rates of the different salary or rate schedules involved). A representative rate is the going rate of the jobs or grades between which the employee is being changed.

Reserve component - has the meaning prescribed in 37 USC § 101(24).

Retained rate - the existing rate of basic pay an employee continues to be paid above the maximum rate of the grade to which he or she is assigned upon being changed to a lower grade.

Retained rate period - the period from the effective date of the action changing an employee to a lower grade, during which the employee is provided a retained rate.

Scheduled tour of duty - the hours of a day and the days of a basic workweek that are scheduled in advance and during which an employee is required to perform work on a regularly recurring basis.

Special rate - a rate within a special rate schedule.

Special rate or special salary schedule - a pay schedule with higher minimum rates of basic pay for one (1) or more grades, occupational groups, or series, established by Mayor’s Order or Wage Order.

Special salary - a salary within a special salary schedule.

Stipend - a regular allowance paid to a medical intern or resident to defray expenses.

Sunday premium pay - additional pay for Sunday work.

Sunday work - regularly scheduled work that includes all hours that fall between the hours of midnight Saturday and midnight Sunday that is not overtime work within a full-time employee’s basic workweek.

Temporary appointment - an appointment with a specific time limitation of one (1) year or less.

Temporary promotion - a promotion for a definite period of thirty (30) days or more, not exceeding one (1) year, that may be extended for up to one (1) additional year.

Term appointment - an appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in Chapter 8 of these regulations, or as otherwise provided by statute.

Term promotion - a promotion for a limited term in excess of one (1) year, but not to exceed four (4) years for a designated project.

Transfer - a change without a break in service of a full workday of (a) a career (probational) or career (permanent) employee to another Career Service position of like tenure under a different personnel authority; (b) a Legal Service employee to another Legal Service position of like tenure under a different personnel authority; (c) an Excepted Service employee to another Excepted Service position under a different personnel authority; or (d) a Management Supervisory Service employee to another Management Supervisory Service position under a different personnel authority.

Wage Order - an order issued by the Director of Personnel to establish, abolish, or modify a salary or rate schedule.

Wage Service rate schedules - the pay schedules applicable to employees who are paid under the Wage Service Rate System.

Wage Service Rate System - the pay system, for which compensation is established on an hourly rate basis, applicable to employees in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement, which positions are classified pursuant to § 1101.5 of these regulations.

Within-grade increase - an increase in an employee’s rate of basic pay from one rate of his or her grade to the next and is synonymous with the term “step increase.”

History

• SOURCE: Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017); as amended by Final Rulemaking published at 65 DCR 9208 (September 7, 2018). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1199

6-B12 HOURS OF WORK, LEGAL HOLIDAYS, AND LEAVE

6-B DCMR § 1201 STATUTORY AUTHORITY AND APPLICABILITY

1201.1 The statutory authority for this chapter is Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-612.01, et seq. (2006 Repl. & 2011 Supp.)).

1201.2 The provisions in this chapter shall apply to all District government employees except the following:

(a) Employees in the Executive Service appointed under the authority of Title X-A of the CMPA (D.C. Official Code § 1-610.51 et seq.) (2006);

(b) Uniformed members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department;

(c) Members of a board or commission whose pay is fixed under section 1108 of the CMPA (D.C. Official Code § 1-611.08) (2006); and

(d) Educational Service employees of the Board of Trustees of the University of the District of Columbia appointed under the authority of section 801-A of the CMPA (D.C. Official Code § 1-608.01a) (2006).

1201.3 The provisions of a collective bargaining agreement shall take precedence over the provisions of this chapter for those employees covered by such an agreement, to the extent that there is a difference.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2691 (April 6, 2012).

6-B DCMR § 1202 DELEGATION OF AUTHORITY

1202.1 Whenever in this chapter it is provided that a decision may be made or an action may be taken by “the Mayor,” an “agency head,” the “Director, D.C. Department of Human Resources,” a “personnel authority,” or “another designated official,” the authority to make such a decision or take such an action may be delegated to a designee, unless specifically indicated otherwise.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1203 ESTABLISHMENT OF WORKWEEKS

1203.1 An agency head shall establish the following with respect to each group of full-time employees to whom this chapter applies:

(a) A basic workweek of forty (40) hours that does not extend over more than six (6) of any seven (7) consecutive calendar days; and, except as provided in section 1203.2 of this section, the calendar days constituting the basic workweek and the number of hours of employment for each calendar day included within the basic workweek shall be specified; and

(b) A scheduled tour of duty that consists of the forty-hour (40-hour) basic work-week established in accordance with section 1203.1 (a) of this section, plus any period of overtime work regularly required of each group of employees; and, except as provided in section 1203.2 of this section, for purposes of leave and overtime pay administration, the calendar days and number of hours a day of the periods included in the scheduled tour of duty that do not constitute a part of the basic workweek shall be specified.

1203.2 The scheduled tour of duty shall be the total number of regularly scheduled hours of duty a week, including standby time, and excluding time allowed for sleep and meals.

1203.3 An agency head may provide for the allowance of a specific number of hours out of each twenty-four (24) hours at the official duty station for sleep and meals; however, the time allowed for sleep and meals need not be specifically identified.

1203.4 An employee who works two (2) shifts that begin within the same twenty-four hour (24-hour) period in the basic workweek shall be paid for two (2) days of work at the regular basic pay rate - the first (1st) shift being counted as of the day on which it begins and the second (2nd) shift as of the day on which it ends.

1203.5 The occurrence of holidays shall not affect the designation of the basic workweek.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1204 ESTABLISHMENT OF SCHEDULED TOURS OF DUTY

1204.1 Agencies shall establish scheduled tours of duty consistent with the provisions of Subsection 1204.2 of this section, except when the Mayor determines that an agency would be seriously handicapped in carrying out its functions, or that costs would be substantially increased, and mandates an alternative work schedule as provided in Section 1208 of this chapter.

1204.2 The following provisions shall apply to the establishment of scheduled tours of duty:

(a) Assignments to tours of duty shall be scheduled in advance over periods of not less than one (1) week;

(b) Except when an alternative work schedule has been approved as provided in Section 1208 of this chapter;

(1) The basic forty-hour (40-hour) workweek shall be scheduled on five (5) days, Monday through Friday when possible, and the two (2) days outside the basic workweek shall be consecutive;

(2) The working hours in each day in the basic workweek shall be the same; and

(3) The basic non-overtime workday shall not exceed eight (8) hours;

(c) The occurrence of holidays shall not affect the designation of the scheduled tour of duty;

(d) Breaks in working hours of more than one (1) hour shall not be scheduled during the working hours of a basic workday, except when a flexible work schedule has been approved as provided in Section 1209 of this chapter;

(e) As specified in Section 1212 of this chapter, and with the exceptions noted in that section, a lunch period shall be provided;

(f) For a part-time employee, a scheduled tour of duty shall consist of the officially prescribed days and hours within the administrative workweek during which the employee is required to be on duty regularly;

(g) The work schedule of an employee who also serves as a member of a board or commission may be established to accommodate attendance at official meetings; and

(h) Agencies shall make every reasonable effort to schedule tours of duty of an employee who is a member of a reserve component of the U.S. Armed Forces, as defined in Subsection 1262.1 of this chapter, to avoid any conflict with his or her attendance at evening or weekend drills.

1204.3 An agency may require an employee to work overtime hours in addition to his or her scheduled tour of duty.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2691 (April 6, 2012); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1204

6-B DCMR § 1205 VARIATIONS IN WORK SCHEDULES FOR EDUCATIONAL PURPOSES

1205.1 This section applies to training, whether or not it is provided in accordance with Chapter 13 of these regulations.

1205.2 Notwithstanding the provisions of section 1203.1 of this chapter, an agency head may authorize an employee to work a tour of duty of not less than forty (40) hours in order to permit the employee to take one (1) or more courses in a college, university, or other educational institution when all of the following conditions are met:

(a) The tour of duty will not appreciably interfere with the accomplishment of the work required to be performed;

(b) The agency’s cost is not substantially increased by allowing the employee to take the course or courses; and

(c) Completion of the course or courses is related to the employee’s position, and would equip the employee for more effective work in the District government.

1205.3 Employees who have been granted a variation in the tour of duty for educational purposes shall not be entitled to premium pay where the variation in tour of duty has resulted in the employee’s tour of duty occurring at a time of day for which premium pay would otherwise be payable.

1205.4 In every case where an employee has been granted a change in their tour of duty for educational purposes, the employee shall be required to sign a statement acknowledging the conditions of the change in tour including the forfeiture of premium pay in accordance with the conditions set forth in 1205.3 of this section.

1205.5 A tour of duty for educational purposes may not be established if it would cause a supervisor to become entitled to premium pay because the supervisor's schedule must be changed so as to provide supervision of the employee.

1205.6 A variation in an employee’s change in tour of duty for educational reasons may be rescinded by the agency head whenever the variation has resulted in the employee’s failure to accomplish the work in the office or for other reasons within the discretion of the agency head.

1205.7 Whenever an agency determines that the variation of the tour of duty is to be rescinded, the employee shall be given where practicable at least one week’s notice of the rescission.

1205.8 The variation in tour of duty for educational purposes shall be rescinded at the completion of the training program and upon notice by the employee that the course or training has been completed. The employee shall return to the tour of duty that existed prior to receiving the educational variation unless such tour has been changed by the employee’s supervisor.

1205.9 Failure of an employee to inform the supervisor of the completion of or discontinuation of the training or course so that the regularly established tour can be re-established shall result in the forfeiture of the employee’s opportunity to receive future variations and where appropriate will result in disciplinary action.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1206 VARIATIONS IN WORK SCHEDULES FOR RELIGIOUS OBSERVANCES

1206.1 Pursuant to section 701 (b) through (f) of the CMPA (D.C. Official Code § 1-607.01 (b) through (f)) (2006), and notwithstanding the provisions of section 1203.1 of this chapter, and to the extent that a variation in a work schedule does not result in a substantial disruption of District government business, an employee whose personal religious beliefs require that he or she abstain from working at certain times of the workday or workweek shall be entitled to reasonable accommodation for the free exercise of religion.

1206.2 The accommodation to be provided may include an adjustment in the work schedule when the employee elects to make up the time off rather than to charge the time off to leave.

1206.3 If the need to take the time off for religious reasons is foreseeable, the employee shall request an adjustment of his or her work schedule as provided in section 1206.2 of this section and obtain supervisory approval of the adjustment at least ten (10) days before taking time off from work.

1206.4 A request to adjust the employee’s work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the employing agency.

1206.5 Nothing in this section shall be construed to totally exempt an employee from being required to work rotating shifts including working on weekends as a result of religious preferences.

1206.6 Nothing in this section shall be construed to limit the use of other forms of leave authorized by this chapter.

1206.7 Each personnel authority shall provide written notice to an employee, at the time that the employee accepts employment that he or she may receive the religious accommodation described in section 1206.1 of this section.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1207 TRAVEL ON OFFICIAL TIME

1207.1 Insofar as practicable, travel during non-duty hours shall not be required of an employee.

1207.2 When an employee is required to travel outside of his or her regularly scheduled administrative workweek, the employee is to be given overtime compensation in accordance with the conditions for determining “hours of employment” in section 1207.3 of this section.

1207.3 In determining “hours of employment” for purposes of entitlement to overtime compensation, time spent in travel status away from an employee’s official duty station shall be deemed to be “hours of employment” only when any one (1) or more of the following is true:

(a) The travel takes place within the days and hours of the employee’s scheduled tour of duty, including regular overtime work; or

(b) If the hours are outside of the employee’s regularly scheduled administrative workweek, is ordered or approved, and meets any of the following conditions:

(1) The travel involves the performance of work while traveling;

(2) The travel is incidental to travel that involves performance of actual work while traveling;

(3) The travel is carried out under such arduous and unusual conditions which make the travel inseparable from work; or

(4) The travel results from an event that could not be scheduled or controlled administratively.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1208 ALTERNATIVE WORK SCHEDULES

1208.1 An alternative work schedule, as defined in Section 1299 of this chapter, is inclusive of:

A flexible work schedule, pursuant to Section 1209; and

A compressed work schedule, pursuant to Section 1210.

1208.2 The Mayor may establish a mandatory alternative work schedule, as provided in Subsection 1204.1.

1208.3 Pursuant to Section 1201(e) of the CMPA (D.C. Official Code § 1-612.01(e) (2014 Repl.)), an agency director may establish an alternative work schedule for employees when such a work schedule is considered practicable and feasible and the costs of the agency will not be substantially increased.

1208.4 Employee participation in an alternative work schedule established by an agency director shall be voluntary.

1208.5 An alternative work schedule, if established, must be offered on an equal basis to all agency employees who are in substantially similar positions.

1208.6 An agency head’s decision to exclude classes of positions from participating in an alternative work schedule shall be final and not subject to appeal or grievance.

1208.7 The basic requirements for establishing an alternative work schedule shall be as follows:

(a) The basic forty (40)-hour workweek may be scheduled on fewer than five (5) days;

(b) The working hours in each day of the basic workweek need not be the same; and

(c) The basic non-overtime workday may exceed eight (8) hours.

1208.8 Independent agencies may develop an alternative work schedule policy that differs from the provisions in Section 1208 through 1210 of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1208

6-B DCMR § 1209 FLEXIBLE WORK SCHEDULE

1209.1 Pursuant to Section 1201(e) of the CMPA (D.C. Official Code § 1-612.01(e) (2014 Repl.)), a flexible work schedule may be established by an agency for employees when:

(a) Such a work schedule is considered both practicable and feasible in terms of increased employee morale, increased productivity, and improved service to the public; and

(b) Agency management determines that the schedule will not have an adverse impact on service to the public, and that costs to the agency will not increase substantially.

1209.2 A flexible work schedule, as defined in Section 1299 of this chapter, allows an employee to determine his or her own schedule within designated hours set by the employing agency, subject to certain core hours set by the agency during which the employee must work.

1209.3 The basic requirements for a flexible work schedule shall include the following:

(a) The designation of core hours during which all employees are required to be present, except for authorized lunch periods;

(b) The designation of flexible time periods during which the employee has the option of selecting and varying his or her starting and end time but such flexible time periods may not commence prior to 6:00 a.m., nor end after 6:00 p.m.;

(c) The maintenance of accurate time and attendance controls must be in place to ensure that each employee works or otherwise accounts for eight (8) hours per day, five (5) days per week; and

(d) Prior approval must be obtained by the agency head or the appropriate personnel authority before an employee may participate in a flexible work schedule.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1209

6-B DCMR § 1210 COMPRESSED WORK SCHEDULE

1210.1 Pursuant to Section XII of the CMPA (D.C. Official Code § 1-612.01 (2014

Repl.)), a compressed work schedule may be established by an agency for employees when:

(a) Such a work schedule is considered both practicable and feasible in terms of increased employee morale, increased productivity, and improved service to the public; and

(b) If agency management determines that the schedule will not have an adverse impact on public service, and that costs will not increase substantially.

1210.2 A compressed work schedule, as defined in Section 1299 of this chapter, allows a full-time or part-time employee to work an eighty (80)-hour biweekly schedule or a less than eighty (80)-hour biweekly schedule, respectively, in fewer than ten (10) workdays.

1210.3 In accordance with Section 6 of the 2004 District of Columbia Omnibus Authorization Act, approved October 30, 2004 (Pub. L. 108-386, 118 Stat. 2228; D.C. Official Code § 1-510), an employee shall not be eligible earn overtime during his or her regular tour of duty in a compressed work schedule even if such tour of duty exceeds eight (8) hours.

1210.4 The tour of duty for each employee under a compressed work schedule program shall be defined by a fixed schedule established by the agency.

1210.5 Unless otherwise approved by the personnel authority, the established work schedule of an employee under a compressed work schedule program may not exceed ten (10) hours for any workday.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1210

6-B DCMR § 1211 TELEWORK

1211.1 Telework is an arrangement in which an employee routinely, during a declared emergency (if directed to do so), or in situational cases as specified in this section, performs officially assigned duties at his or her home address of record.

1211.2 Based on the needs of the organization, and to the extent possible without diminishing employee performance, each agency is authorized to establish telework for eligible employees of the agency, except as provided in Subsection 1211.12.

1211.3 Telework, as provided in this section, must be offered on an equal basis to all agency employees who are in substantially similar positions.

1211.4 Telework shall be part of a scheduled tour of duty, subject to a written agreement between the agency and employee, and only permitted after an employee has completed any telework training required by the District of Columbia Department of Human Resources.

1211.5 Requests to engage in telework must:

Be signed by the employee;

Be approved in writing and in advance by the employee’s supervisor and the agency head (or his or her designee); and

Verify that the position, during the period which an employee will telework, and the telework arrangement comply with the conditions set forth in Subsection 1211.7 of this section.

1211.6 Unless otherwise approved by the agency head and personnel authority, an employee shall be limited to two (2) days per workweek of telework.

1211.7 Positions best suited for telework are those that:

(a) Have job tasks that are quantifiable, primarily project-oriented or case-work-oriented, telephone intensive, or computer-oriented; or have work activities that can be accommodated working away from the current work location with equal efficiency as if being performed at the official work site;

(b) Do not require daily unscheduled face-to-face contact with other employees, supervisors, or the public in the current work location; and

(c) Allow meetings to be scheduled without inconveniencing or impairing the performance of co-workers.

1211.8 An employee, who has been approved in writing to telework, may periodically request authorization to utilize situational telework on a temporary basis for the following circumstances:

When an employee has a short-term need for uninterrupted time to complete work on a complex project or report. In such cases, the employee must provide twelve (12)-hour advance written notification to his or her immediate supervisor, and obtain the written approval from the immediate supervisor and agency head (or his or her designee);

When an employee is recovering from an illness or an injury and is temporarily unable to physically report to his or her official work site, but is physically and mentally able to perform his or her official duties from a remote location. When possible, the employee must provide a twenty-four (24) hour advance written notice and must in all circumstances obtain approval from his or her immediate supervisor; or

When, due to the occurrence of a home repair emergency, the employee is prevented from reporting to his or her official work site.

1211.9 An employee’s use of situational telework as provided in Subsections 1211.8(a) through (c), shall not exceed three (3) consecutive workdays.

1211.10 Notwithstanding the provisions of Subsections 1211.8(a) through (c), and on a case-by-case basis, an agency head may authorize the use of situational telework in other circumstances.

1211.11 An employee’s approval and use of situational telework, as provided in Subsections 1211.8(a) through (c) of this section, is at the discretion and approval of the agency head or the employee’s immediate supervisor.

1211.12 An employee shall not be eligible to participate in telework as provided in this section if:

The employee’s performance rating for the most recent rating period is Marginal Performer (Level 2) (or equivalent) or lower as provided in Chapter 14 of these regulations; or

The employee is on a Performance Improvement Plan (PIP) as provided in Chapter 14.

1211.13 Authorization to engage in telework, as provided in this section, may be rescinded by the agency head (or designee) or the immediate supervisor for reasons that include, but are not limited to, a determination that the employee has failed to accomplish the work as prescribed or due to the agency’s organizational or operational needs.

1211.14 Whenever an agency head (or designee) or immediate supervisor determines that the approval for telework is to be rescinded pursuant to Subsection 1211.13 of this section, the employee shall be given, where practicable, at least two (2) weeks’ notice prior to the rescission.

1211.15 Upon termination of a telework agreement, the employee shall return to the duty station and tour of duty that existed prior to receiving approval to engage in telework, unless the duty station or tour of duty has been changed by the employee’s supervisor in accordance with applicable rules.

1211.16 Failure of an employee to return to his or her original duty station with the same tour of duty upon rescission of an authorization to engage in telework, shall result in the forfeiture of the employee’s opportunity to engage in telework for a period of three (3) years and, if appropriate, may result in disciplinary action.

1211.17 [Repealed]

1211.18 The D.C. Department of Human Resources shall conduct periodic audits of subordinate agency telework programs for the purpose of ensuring compliance with the District’s personnel regulations and human resource procedures. The audit may also cover PeopleSoft actions that the agency inputs relative to telework.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2591 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1211

6-B DCMR § 1212 REST AND LUNCH PERIODS

1212.1 At the discretion of an agency head, a rest period of fifteen (15) minutes during each four (4) hour period of work may be authorized.

Rest periods for an individual employee or small groups of employees are authorized whenever such rest period would accomplish one (1) or more of the following purposes:

(1) Protect employees’ health by providing relief from hazardous work or work that requires continuous or considerable physical exertion;

(2) Reduce accident rates by removing the potential for fatigue;

(3) Provide relief from work that is performed in confined spaces where normal personal activities are restricted; or

(4) Increase or maintain high quality and quantity work product;

(b) When rest periods with a specific duration (such as, fifteen (15) minutes as specified in subsection 1212.1(a) of this section) are offered, they are to be considered as compensable work hours as part of the employee’s regularly scheduled duty hours. The unauthorized extension of a rest period with a specific duration shall not be counted as hours worked; and

Rest periods shall not be utilized by an employee to expand his or her regularly scheduled lunch period of thirty (30) minutes by permitting the employee to take his or her rest periods immediately before or immediately after the employee’s scheduled lunch period.

1212.2 A lunch period of at least thirty (30) minutes shall be provided to employees, except for an employee required to remain at his or her official duty station so that the agency can provide twenty-four (24) hour coverage, in which case, the employee shall be compensated.

1212.3 An employee’s thirty (30)-minute lunch period shall be in addition to his or her regularly scheduled duty hours. That is, a bona fide lunch period shall not be considered as work time and is not compensable. For that reason, the thirty-minute (30-minute) lunch period shall be added to the employee’s regularly scheduled duty hours.

1212.4 At the discretion of the supervisor, an employee who wants to take a one-hour (1-hour) lunch period may be allowed to add the extra half (½) hour to his or her regularly scheduled duty hours to account for the extra non-compensable time for lunch. For example, instead of working from 8:00 a.m. to 4:30 p.m. (for example, eight (8) hours of compensable work time plus a thirty-minute (30-minute) lunch period), the employee may be allowed to work until 5:00 p.m. (for example., eight (8) hours of compensable work time plus a one-hour (1-hour) lunch period). Lunch periods of more than one (1) hour shall not be permitted.

1212.5 The lunch period is separate and distinct from a rest period.

1212.6 An employee shall not be authorized to depart work in order to either begin a period of leave or in order to end the employee’s official tour of duty because he or she refrained from taking a scheduled rest or lunch period.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2692 (April 6, 2012).

6-B DCMR § 1213 CHANGES IN SCHEDULED TOURS OF DUTY

1213.1 Scheduled tours of duty in effect when these regulations become effective shall remain in effect until action is taken in accordance with these regulations to implement a change.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1214 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1215 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1216 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1217 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1218 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1219 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1220 LEGAL PUBLIC HOLIDAYS

1220.1 Pursuant to section 1202(a) of the CMPA (D.C. Official Code § 1-612.02 (a) (2011 Supp.)) the following days are legal public holidays for District government employees covered by this chapter:

(a) New Year’s Day, January 1st of each year;

(b) Dr. Martin Luther King, Jr.’s Birthday, the third (3rd) Monday in January of each year;

(c) Washington’s Birthday, the third (3rd) Monday in February of each year;

(d) Memorial Day, the last Monday in May of each year;

(e) Independence Day, July 4th of each year;

(f) Labor Day, the first (1st) Monday in September of each year;

(g) Columbus Day, the second (2nd) Monday in October of each year;

(h) Veterans Day, November 11th of each year;

Thanksgiving Day, the fourth (4th) Thursday in November of each year;

Christmas Day, December 25th of each year; and

(k) Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.

1220.2 Pursuant to section 1202 (c)(1)of the CMPA (D.C. Official Code § 1-612.02 (c)1)) (2006), January 20 of each year following the year in which a Presidential election is held, Inauguration Day, shall be a legal public holiday for all employees scheduled to work on that day. When January 20 of any such year falls on a Sunday, the next succeeding day selected for the public observance of the inauguration of the President shall be a legal public holiday for all employees scheduled to work on that day.

1220.3 The rules for determining holidays contained in section 1222 of this chapter shall not apply to Inauguration Day.

1220.4 In addition to the legal public holidays set forth in sections 1220.1 and 1220.2 of this section, the Mayor may designate other days or portions of a day as legal public holidays.

1220.5 There shall be no official observance of religious holidays except those that are also legal public holidays.

1220.6 An employee whose personal religious beliefs require him or her to abstain from working during certain periods of time shall be entitled to reasonable accommodation as provided in section 1206 of this chapter or, at his or her request, may be granted annual leave, compensatory time, or leave without pay, as appropriate.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2693 (April 6, 2012).

6-B DCMR § 1221 ENTITLEMENT TO HOLIDAYS

1221.1 Each full-time employee, and each part-time employee with a scheduled tour of duty, except student employees paid by stipend, shall be entitled to holidays as provided in section 1222 of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1222 DETERMINING HOLIDAYS

1222.1 Pursuant to section 1202 (b) of the CMPA (D.C. Official Code § 1-612.02 (b)) (2006), in-lieu-of holidays shall be determined as follows for purposes of pay and leave:

(a) Whenever a legal public holiday falls on a workday in the basic workweek of Monday through Friday, that workday shall be the holiday;

(b) Whenever a legal public holiday falls on a nonworkday of a basic workweek of Monday through Friday, the holiday shall be the Monday immediately following a legal public holiday occurring on Sunday, or the Friday immediately preceding a legal public holiday occurring on a Saturday;

(c) When a legal public holiday falls on a nonworkday in a workweek that is other than Monday through Friday, the holiday shall be determined as follows:

(1) If the legal public holiday falls on the first or only nonworkday of the administrative workweek, the holiday shall be the day before the legal public holiday; and

(2) If the legal public holiday falls on the second or subsequent nonworkday of the administrative workweek, the holiday shall be the first scheduled workday following the legal public holiday.

(d) For a part-time employee, whenever a legal public holiday falls on a workday within the employee’s scheduled tour of duty, that shall be the holiday;

(e) For a part-time employee, whenever a legal public holiday falls on a nonworkday for that employee, he or she shall not be entitled to a holiday;

(f) When a legal public holiday falls on an employee’s workday that covers two (2) calendar days, he or she shall be excused from work on the entire workday that begins on the calendar day of the legal public holiday; and

(g) An employee who has two (2) regular tours of duty, both beginning on a holiday, shall be excused from work on the first tour of duty that begins on the holiday.

1222.2 The Director, D.C. Department of Human Resources, shall issue a holiday schedule annually. Nothing contained in this section shall be construed to alter any holiday schedule or “in-lieu-of” schedule issued by the Director, D.C. Department of Human Resources, prior to the effective date of these regulations.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1223 EFFECT OF HOLIDAYS

1223.1 The occurrence of a legal public holiday shall not affect the designation of the basic workweek.

1223.2 An employee who is excused from duty on a holiday shall be entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.

1223.3 An agency head may, within his or her discretion, include a holiday within the hours of duty or regular workweek of employees and require them to work on that day.

1223.4 An employee who is required to work on a holiday as specified in Subsection 1223.3 of this section, but whose absence is approved by the agency, shall be charged sick leave, annual leave, or leave without pay, as appropriate.

1223.5 An employee who is required to work on a holiday as specified in Subsection 1223.3 of this section, but who is inexcusably absent or refuses to work on a holiday, shall be charged with absence without leave (AWOL) for that period of absence.

1223.6 An employee under an alternative work schedule pursuant to Section 1208 of this chapter who performs work on a holiday shall be entitled to holiday premium pay as provided in Section 1132 of Chapter 11 of these regulations.

1223.7 Except as provided in Subsection 1223.8 of this section, an employee who is not required to work on a holiday shall not be charged annual leave, compensatory time, sick leave, or LWOP for that day. An employee on annual leave, sick leave, or compensatory time for a period that includes a holiday shall not be charged annual leave, sick leave, or compensatory time for that day.

1223.8 An employee in a nonpay status the last day of a regular tour of duty immediately prior to a holiday and the first day of a regular tour of duty immediately after the holiday shall not be entitled to have his or her nonpay status changed to a pay status for that holiday unless the employee works on that holiday.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1223

6-B DCMR § 1224 LEGAL PRIVATE HOLIDAY

1224.1 Pursuant to section 1202a of the CMPA (D.C. Official Code § 1-612.02a) (2006), a legal private holiday is a day on which any paid leave or unpaid leave provided by this chapter may be granted.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1225 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1226 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1227 GENERAL PROVISIONS FOR ANNUAL AND SICK LEAVE

1227.1 As provided in section 1203(a) of the CMPA (D.C. Official Code § 1-612.03 (a) (2006 Repl.)), an employee shall be entitled to earn both annual and sick leave as provided herein, except for the following:

(a) An intermittent employee who does not have a scheduled tour of duty;

(b) An elected official; or

(c) A temporary employee appointed for less than ninety (90) days.

1227.2 The days of annual and sick leave provided by this chapter shall be days on which an employee would otherwise work and receive pay, but shall exclude holidays and nonworkdays established by statute or administrative order.

1227.3 Other than for the liquidation of advanced sick leave indebtedness as provided in section 1230.4 of this chapter, the retroactive substitution of annual leave, compensatory time, or leave without pay for sick leave shall not be authorized.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2693 (April 6, 2012).

6-B DCMR § 1228 ENTITLEMENT TO ACCRUE ANNUAL AND SICK LEAVE

1228.1 A full-time employee:

(a) May accrue leave only when employed for a full workweek; and

(b) Shall be deemed employed for a full workweek if he or she is employed during the days within that week, exclusive of holidays and nonworkdays established by statute or administrative order, that fall within that workweek.

1228.2 A full-time employee who initially enters on duty on the first (1st) workday of a biweekly pay period shall accrue the full amount of leave to which he or she would be entitled for that biweekly pay period.

1228.3 A full-time employee who initially enters on duty after the first (1st) workday of a biweekly pay period, but not later than the first (1st) workday of the second (2nd) week of a biweekly pay period, shall accrue one-half (½) of the leave to which he or she would have been entitled for a full biweekly pay period.

1228.4 A full-time employee who initially enters on duty after the first (1st) workday of the second week of a biweekly pay period shall not be entitled to accrue leave for that biweekly pay period.

1228.5 A full-time employee who separates after the close of business on the last workday of a biweekly pay period shall accrue the full amount of leave to which he or she would be entitled for that biweekly pay period.

1228.6 A full-time employee who separates after the completion of one (1) workweek in a biweekly pay period, but prior to the close of business on the last day of a biweekly pay period, shall accrue one-half (½) of the leave to which he or she would have been entitled for a full biweekly pay period.

1228.7 A full-time employee who separates prior to the completion of the first week in a biweekly pay period shall not be entitled to accrue leave for that biweekly pay period.

1228.8 A full-time employee paid on other than a biweekly pay period basis earns leave on a pro-rata basis for a full pay period.

1228.9 Except as provided in section 1228.10 of this section, a full-time employee shall earn leave during each full biweekly pay period while in a pay status or in a combination of pay status and nonpay status.

1228.10 Whenever the number of hours of nonpay status accrued by a full-time employee during a leave year equals the number of base pay hours eighty (80) in a biweekly pay period, the employee’s accrued leave shall immediately be reduced by the amount of annual and sick leave accruals the employee earns during one (1) biweekly pay period.

1228.11 For the purpose of determining reduction of leave credits under this section when a full-time employee has one (1) or more breaks in service during the leave year, the agency shall include all hours in a nonpay status for each period of service during the leave year in which the leave accrued.

1228.12 When a reduction in leave credits results in a debit to a full-time employee’s leave account at the end of a leave year, the debit shall be carried forward as a charge against the leave to be earned by the employee in the next leave year, unless the employee and the agency agree to a repayment as provided in section 1230.4 of this chapter.

1228.13 A part-time employee, unless otherwise excluded, shall be entitled to accrue annual and sick leave on a pro-rata basis.

1228.14 Hours in a pay status for which the employee would be entitled to overtime pay shall be disregarded in computing the leave earnings of a part-time employee.

1228.15 A part-time employee must serve under an established tour of duty for each of the two (2) administrative workweeks in each biweekly pay period in order to accrue leave.

1228.16 A part-time employee who completes a full biweekly pay period may carry over, from one pay period to the next, those hours of service in a pay status that do not equal the number necessary for a minimum leave accrual of one (1) hour, until sufficient service is rendered to total the hourly accrual; but if the employee changes to full-time employment status and has insufficient service credit to earn the minimum of one (1) hour, the fractional hours of service shall be lost because of the change from part-time to full-time status.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1229 ANNUAL LEAVE, SICK LEAVE, LEAVE WITHOUT PAY, AND ABSENCE WITHOUT LEAVE-GENERAL

1229.1 The minimum charge for annual leave, sick leave, leave without pay, and absence without leave shall be one (1) hour, and additional charges shall be in multiples thereof.

1229.2 Scheduled leave means approved leave that an employee requested at least one (1) business day prior to the start of the approved leave.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1229

6-B DCMR § 1230 REPAYMENT OF ADVANCED ANNUAL OR ADVANCED SICK LEAVE

1230.1 Except as provided in section 1230.2 of this section, when an employee who is indebted for advanced leave is separated, the agency shall either:

(a) Require a repayment in the amount paid to the employee for the period covering the leave for which indebted; or

(b) Deduct that amount from any lump-sum leave payment, accrued wages, severance pay, other compensation, or any combination thereof, due the employee.

1230.2 Repayment of advanced leave shall be forgiven when an employee:

(a) Dies;

(b) Retires for disability under the authority of Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);

(c) Resigns or is separated because of disability that prevents him or her from returning to duty or continuing in the service and is the basis of the separation as determined by the agency on acceptable medical evidence that is the kind of medical evidence customarily relied on to support such claims; or

(d) Enters on active military duty with restoration rights under 38 U.S.C. §§ 2121 or 2024.

1230.3 Any indebtedness for advanced leave remaining after application of the provisions of section 1230.1 of this section shall be a debt owed to the District government.

1230.4 Advanced sick leave may be liquidated by subsequently earned sick leave, by a charge against annual leave, or by a repayment upon separation in accordance with section 1230.1 of this section.

1230.5 An employee may, with the consent of his or her employing agency, agree to repay the agency in cash, either by lump-sum payment or by payment schedule to be completed within twenty-four (24) months of the first (1st) payment, for advanced annual or sick leave. The amount of the repayment shall be calculated at the pay rate that is in effect at the time of the repayment.

1230.6 An employee shall be deemed to have been in a pay status for the period covered by a cash payment pursuant to section 1230.4 of this section.

1230.7 If an employee is subsequently reemployed, the leave “forgiven” under section 1230.2 of this section shall not be chargeable against subsequently earned leave.

1230.8 If an employee is subsequently reemployed and had advanced leave when previously separated that was not recovered under sections 1230.1 or 1230.3 of this section, such un-recovered advanced leave shall be charged against subsequently earned leave.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1231 TRANSFER AND RE-CREDIT OF ANNUAL AND SICK LEAVE

1231.1 When an employee subject to this chapter transfers between agencies, the Office of the Chief Financial Officer shall certify the employee’s annual and sick leave accounts to the employing agency for credit or charge.

1231.2 Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1-612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service of more than one (1) workday, and who did not receive a lump-sum payment for annual leave upon separation from the federal service, shall be credited with the annual leave balance to his or her account at the time of separation from the federal service.

1231.3 An employee who has received a lump-sum payment for annual leave upon separation from the federal service shall be credited with a zero (0) annual leave balance upon entry into District government service.

1231.4 Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1-612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service shall be credited with the sick leave balance to his or her account at the time of separation from the federal service.

1231.5 Except as provided in section 1231.7 of this section, the annual and sick leave to the credit of an employee who transfers between agencies of the District government under different leave systems without a break in service shall be transferred to his or her credit in the employing agency on the same adjusted basis as provided in section 1231.6 of this section.

1231.6 Except as provided in section 1231.7 of this section, when annual leave or sick leave is credited from a leave system that accrues leave on a basis other than that prescribed by sections 1233.1 or 1233.2 of this chapter, an employee to whom this section applies shall be credited with five (5) hours of leave for each seven (7) hours of leave accumulated under the leave system from which credited, with fractional parts of an hour being rounded up to the next whole hour.

1231.7 Annual and sick leave to the credit of a uniformed member of the Firefighting Division of the Fire and Emergency Medical Services Department who transfers to another agency of the District government, or to a non-uniformed division of the Fire and Emergency Medical Services Department, shall be adjusted by dividing both the annual leave and the sick leave by one and two-tenths (1.2), with the results rounded up to the next whole hour.

1231.8 The employing agency shall have the primary responsibility for determining whether an employee is entitled to be credited with leave purportedly standing to an employee’s credit when the employee’s transfer or reemployment involves different leave systems and a re-credit is otherwise appropriate.

1231.9 Pursuant to section 1203 (i) of the CMPA (D.C. Official Code § 1-612.03 (i)) (2006), an individual who received a lump-sum payment for annual leave upon separation from District government service, and who is reemployed by the District government prior to the end of the period covered by the lump-sum payment, shall repay the District government an amount equal to the lump-sum payment for the time between the date of reemployment and the end of the period covered by the lump-sum payment, and shall be recredited with annual leave for that period.

1231.10 When an employee is reemployed in a position under a different leave system prior to the expiration of the period for which the lump-sum leave payment has been made and the unexpired period of leave covers a larger amount of leave than can be transferred to the different leave system, the employee shall be required only to make a repayment covering the amount of re-creditable annual leave.

1231.11 No repayment shall be required when an employee is reemployed under circumstances where he or she is not entitled to accrue leave.

1231.12 An employee subject to this chapter who transfers to a position under the District of Columbia Teachers’ Leave Act shall be entitled to a lump-sum payment for unused annual leave.

1231.13 When an employee transfers to a position under a different leave system to which only a part of the employee’s sick leave can be transferred, then so much of the employee’s sick leave as was not transferred to the new leave system shall be recredited should the employee return to the leave system under which it was earned prior to the expiration of three (3) years.

1231.14 An employee who separates from District government service other than by retirement, shall have his or her sick leave account recredited, either on an hour-for-hour basis, or on an adjusted basis as provided in sections 1231.6 or 1231.7 of this section, as appropriate, if reemployed without a break in service of three (3) years or more.

1231.15 If official records specifying the amount of leave to be credited or recredited are not available, an estimate of the employee’s leave account shall be acceptable when accompanied by an official statement that contains the basis for the estimate.

1231.16 An employee who earned leave under a statute previously in force shall be entitled to re-credit of that leave under that authority, if he or she is entitled to re-credit for it, on reentering the leave system under which it was earned; however, leave already forfeited shall not be revived.

1231.17 Pursuant to section 2343 of the CMPA (D.C. Official Code § 1-623.43 (2006)), an employee who has used annual leave or sick leave as a result of an injury or illness, and whose injury or illness is later determined, as provided in Chapter 23 of these regulations, to be job-related, shall be entitled to repurchase so much of that annual leave, or sick leave, or both, as he or she shall desire, at the hourly rate in effect at the time it was used, and shall have that amount of annual leave, sick leave, or both recredited.

1231.18 There shall be no limitation on the amount of either annual leave or sick leave that can be repurchased under section 1231.17 of this section, but any annual leave repurchased shall be subject to the forfeiture provisions of section 1239 of this chapter, and may be considered to have been administrative error for purposes of restoration under section 1239 of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1232 ACCRUAL OF ANNUAL LEAVE

1232.1 Except as specified in subsection 1232.6 of this section, a full-time employee to whom this chapter applies shall earn annual leave as follows:

(a) An employee with less than three (3) years of service shall earn four (4) hours for each full biweekly pay period;

(b) An employee with three (3) but less than fifteen (15) years of service shall earn six (6) hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the leave year shall be ten (10) hours; and

(c) An employee with fifteen (15) or more years of service shall earn eight (8) hours for each full biweekly pay period.

1232.2 Except as provided in subsections 1232.5 and 1232.7 of this section, a part-time employee for whom there has been established in advance a regular tour of duty on one (1) or more days during each administrative workweek shall earn annual leave as follows:

(a) An employee with fewer than three (3) years of service shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status;

(b) An employee with three (3) but fewer than fifteen (15) years of service shall earn one (1) hour of annual leave for each thirteen (13) hours in a pay status; and

(c) An employee with fifteen (15) years or more of service shall earn one (1) hour of annual leave for each ten (10) hours in a pay status.

1232.3 A change in the rate of accrual of annual leave shall take effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.

1232.4 When a full-time employee changes from the six-hour (6-hour) annual leave-earning category to the eight-hour (8-hour) category at the beginning of the last full biweekly pay period in the calendar year, his or her leave credit for that pay period shall not exceed eight (8) hours.

1232.5 A part-time employee entitled to earn annual leave shall not earn annual leave for any hours worked for which he or she is entitled to overtime compensation under Chapter 11 of these regulations.

1232.6 Except as otherwise required by law or regulation, a person who is receiving an annuity after retirement from any District government retirement system or from the District or federal government under the regular or early retirement provisions of the Civil Service Retirement System (CSRS), and who is subsequently employed by the District government as a full-time employee following retirement, shall earn four (4) hours of annual leave for each full biweekly pay period for the first three (3) years of post-retirement employment. The leave accrual rate shall progress to six (6) and eight (8) hours of annual leave, respectively, as specified in subsections 1232.1 (b) and (c).

1232.7 Except as otherwise required by law or regulation, a person who is receiving an annuity after retirement from any District government retirement system or from the District or federal government under the regular or early retirement provisions of the CSRS, and who is subsequently employed by the District government as a part-time employee following retirement, shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status for the first three (3) years of post-retirement employment. The leave accrual rate shall progress to one (1) hour of annual leave for each thirteen (13) hours in a pay status and one (1) hour of annual leave for each ten (10) hours in a pay status, respectively, as specified in subsections 1232.2 (b) and (c).

1232.8 For the purposes of this section and section 1234 of this chapter, the terms “full-time employee” and “part-time employee” shall include full-time and part-time temporary employees; provided that the employee is serving under a temporary appointment of more than ninety (90) days.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published 59 DCR 2690, 2694 (April 6, 2012); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1232

6-B DCMR § 1233 ANNUAL LEAVE ACCRUAL – QUALIFYING SERVICE

1233.1 Except as described in subsections 1232.6 and 1232.7, when determining years of qualifying government service for annual leave accrual an employee shall be entitled to receive service credit for the following:

Service creditable under any District government retirement system, including service creditable under the District retirement benefits programs established pursuant to Section 2605 of the CMPA (D.C. Official Code § 1-626.05 (2012 Repl.)), unless specifically prohibited by law;

Service creditable under CSRS (5 U.S.C. § 8332) for the purpose of an annuity; and

Military service for uniformed service members retired because of a service-related disability, as provided in Subsection 1233.2.

1233.2 An employee who is a retired member of a uniformed service as defined by 5 USC § 3501 shall be entitled to credit for active military service only if his or her retirement was based on one (1) of the two (2) following types of disabilities:

A disability resulting from injury or disease received in the line of duty as a direct result of armed conflict; or

(b) A disability caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by 38 USC §§ 101 and 301.

1233.3 The determination of years of service may be made on the basis of an affidavit from the employee subject to verification by the personnel authority.

1233.4 District government service prior to October 1, 1987, that is under Social Security shall be creditable for annual leave accrual purposes, and shall be purchasable for credit toward retirement under 5 USC § 8332.

1233.5 [Repealed]

1233.6 Except for the service described in Subsection 1233.1, federal government service shall not be creditable service for annual leave accrual purposes.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2695 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1233

6-B DCMR § 1234 ANNUAL LEAVE-QUALIFYING PERIOD

1234.1 If a temporary appointment is for less than ninety (90) days, the employee shall not be entitled to earn annual leave.

1234.2 If a temporary appointment for less than ninety (90) days is extended for an additional ninety (90) days or longer without a break in service, or if there are successive temporary appointments without a break in service that aggregate ninety (90) days or longer, then the employee shall receive retroactive credit for leave earned from the date of appointment, and shall earn leave thereafter.

1234.3 Retroactive annual leave credited, or annual leave earned thereafter as specified in section 1234.2 of this section, shall not be substituted retroactively for either compensatory time or leave without pay taken during the period described in section 1234.1 of this section.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1235 ANNUAL LEAVE – GRANTING

1235.1 Annual leave may be used by an employee for any reason, but is intended primarily to be used for the following two (2) general purposes:

(a) To allow the employee vacation periods of extended leave every year for rest and recreation; and

(b) To provide periods of time off for personal and emergency purposes.

1235.2 Annual leave shall be requested and approved no later than twenty-four (24) hours prior to the day on which the annual leave is to be used. Employees are required to obtain approval for the use of annual leave by whichever method is formally established within his or her agency. Annual leave requested and approved at least 24 hours prior to the leave period shall constitute “scheduled annual leave;” leave approved with less than 24 hours’ notice is deemed “unscheduled annual leave” for recordkeeping purposes.

1235.3 The annual leave provided by this chapter, including annual leave that has been advanced as provided in Section 1237 of this chapter, may be granted at any time during the leave year in accordance with these regulations.

1235.4 An employee is entitled to his or her annual leave, and the taking of annual leave for the purposes set forth in Subsection 1235.1 of this section should be encouraged, subject to scheduling approval by the agency head.

1235.5 An approved absence that would otherwise be properly chargeable to sick leave may be charged to annual leave, compensatory time, or leave without pay, if requested in advance by the employee and approved by the agency head.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2696 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1235

6-B DCMR § 1236 [RESERVED]

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1236

6-B DCMR § 1237 ANNUAL LEAVE – ADVANCING

1237.1 Agency heads or their subordinate supervisor designees are authorized to advance annual leave to eligible employees in advance of its accrual, in individual cases, up to the amount of annual leave expected to be earned during the balance of the current leave year or by the eligible employee’s anticipated termination date, whichever is sooner.

1237.2 In no case shall annual leave be advanced on the basis of leave expected to be earned during the succeeding leave year.

1237. 3 If the reason for an employee’s request for advanced annual leave qualifies for family or medical leave under the District of Columbia Family and Medical Leave Act of 1990 (D.C. FMLA), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code §§ 32-501, et seq. (2010 Repl. & 2011 Supp.)), and provided that the employee meets the eligibility requirements of the D.C. FMLA, any advanced annual leave granted shall count towards the sixteen (16)-week maximum under the D.C. FMLA.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2698 (April 6, 2012).

6-B DCMR § 1238 ANNUAL LEAVE-MAXIMUM ACCUMULATION

1238.1 Pursuant to section 1238.3 of this section, annual leave that is not used by an employee shall accumulate for use in succeeding years, except that annual leave in excess of two hundred forty (240) hours at the beginning of the first full biweekly pay period of the calendar year, or the corresponding period for an employee who is not paid on the basis of biweekly pay periods, shall be forfeited as provided in section 1238.2 of this section.

1238.2 The beginning of the first biweekly pay period in the calendar year shall be the point at which an employee’s accumulated annual leave balance is fixed, and when a determination shall be made that annual leave in excess of the maximum amount allowable under section 1238.1 of this section, as appropriate, shall be forfeited.

1238.3 Annual leave in excess of the amount allowable under this section that was accumulated under an earlier statute shall remain to the credit of the employee until used. If an employee with such credit uses more annual leave in a leave year than he or she earns:

(a) The balance carried forward shall become the new leave ceiling if it is still above the maximum accumulation allowable under section 1238.1 of this section; or

(b) The new leave ceiling shall be two hundred forty (240) hours if the balance carried forward is equal to or less than two hundred forty (240) hours.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1239 ANNUAL LEAVE—RESTORATION

1239.1 As provided in section 1203 (h)(2) of the CMPA (D.C. Official Code § 1-612.03 (h)(2) (2006 Repl.)), annual leave may be restored when:

An administrative error causes a loss of annual leave otherwise accruable after June 30, 1960;

Exigencies of the public business, deemed by the agency head to be of major importance, causes denial and forfeiture of annual leave previously scheduled at least three (3) biweekly pay periods prior to the end of the leave year; or

An employee becomes sick while on scheduled annual leave and receives approval to substitute sick leave for the scheduled annual leave. The employee must have had sick leave available at the time of the request for scheduled annual leave.

1239.2 If the annual leave restored under subsection 1239.1 of this section causes the employee’s accumulated annual leave balance to exceed the maximum allowable accumulation under subsection 1238.1 of this chapter such restored leave shall be credited to a separate leave account. Such restored leave that exceeds the maximum allowable accumulation shall be forfeited unless scheduled and used not later than two (2) years after one (1) of the following dates:

The date of restoration of the annual leave forfeited because of administrative error;

(b) The date fixed by the agency head as the termination date of the exigency of the public business that resulted in forfeiture of the annual leave; or

(c) The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness.

1239.3 Restored leave for separated employees:

(a) Restored leave for separated employees shall be included in a lump-sum payment if unused and still available upon the date of separation; and

Pursuant to section 1203(h)(2)(B) of the CMPA (D.C. Official Code § 1-612.03 (h)(2)(B)), in the event of an administrative error, a separated employee entitled to restored annual leave, otherwise accruable after June 30, 1960, shall be entitled to credit and liquidation by lump-sum payment only if the employee files a claim for restored leave within three (3) years of the date the error was discovered.

1239.4 The agency head shall provide notification to the appropriate authority to effect the restoration of annual leave under this section.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published 59 DCR 2690, 2698 (April 6, 2012).

6-B DCMR § 1240 PAYMENT FOR ANNUAL LEAVE

1240.1 An employee who accepts a position within the District government under a different leave system without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for re-crediting purposes if he or she returns to a position covered by the provisions of these regulations.

1240.2 An employee who uses annual leave credited because of administrative error may elect to repay the amount received for such leave by lump-sum or installment payments, or to have such leave carried forward as a charge against later accruing annual leave, or to apply for a waiver of the overpayment under Chapter 29 of these regulations.

1240.3 An employee who is separated from District government service or who enters into military service shall be entitled to receive a lump-sum payment for annual leave to which entitled.

1240.4 The lump-sum payment pursuant to subsection 1240.3 of this section shall equal the pay that the person would have received had he or she remained in the employ of the District government.

1240.5 The period of leave used for calculating the amount of the lump-sum payment shall not be extended due to any holiday occurring after the separation.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published 59 DCR 2690, 2700 (April 6, 2012).

6-B DCMR § 1241 ACCRUAL OF SICK LEAVE

1241.1 A full-time employee to whom this chapter applies shall accrue sick leave on the basis of four (4) hours for each full biweekly pay period.

1241.2 Sick leave shall be credited at the beginning of each full or partial (one-half (½)) pay period for use during or after that pay period.

1241.3 Except as provided in section 1241.5 of this section, a part-time employee shall earn one (1) hour of sick leave for each twenty (20) hours in a pay status.

1241.4 Sick leave provided for in this section that is not used by an employee during the year in which it accrues shall accumulate and be available for use in succeeding years. There shall be no limitation on the amount of sick leave an employee may accumulate.

1241.5 A part-time employee entitled to earn sick leave as provided in section 1241.3 of this section shall not earn sick leave for any hours worked for which he or she is entitled to overtime compensation under Chapter 11 of these regulations.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1242 SICK LEAVE-GRANTING

1242.1 An agency head shall grant sick leave to an employee under any of the following circumstances:

(a) When the employee requires personal medical, dental, or optical examination or treatment;

(b) When the employee is incapacitated for the performance of his or her duties by physical or mental illness, injury, pregnancy, or childbirth;

(c) When the employee would jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease (as determined by appropriate health authorities or by a health care provider);

(d) When the employee’s absence is required to provide care for a family member who is incapacitated by a medical or mental condition or to attend to a family member receiving medical, dental, or optical examination or treatment;

(e) When the employee’s absence is required to provide care for a family member with a serious health condition;

(f) Because of the birth, or the placement for adoption, of a son or daughter of the employee, and in order to care for such son or daughter; or

(g) When the employee is absent because of the death of a family member, provided that such absence shall not exceed three (3) workdays (twenty-four (24) hours), and that the employee provides evidence that is acceptable to the agency.

1242.2 When any of the circumstances set forth in section 1242.1 of this section occurs within a period of annual leave, an agency head may, at the employee’s request, convert annual leave to sick leave.

1242.3 Annual leave may not be substituted for sick leave that has been applied for and granted.

1242.4 An employee shall file a written application for sick leave within such time limits as the agency head may prescribe.

1242.5 An employee shall request sick leave in advance for a pre-scheduled appointment for medical, dental, or optical examination or treatment.

1242.6 An agency head may grant sick leave only when supported by a medical certificate or appropriate document signed by the employee.

1242.7 For an absence in excess of three (3) workdays, or for a lesser period when determined necessary by an agency, the agency may require a medical certificate, or other administratively acceptable evidence as to the reason for the absence.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1243 SICK LEAVE–ADVANCING

1243.1 Agency heads or their subordinate supervisor designees are authorized to advance to an employee a maximum of two hundred forty (240) hours of sick leave in cases of serious disability or ailments, except:

(a) When the agency head (or designee) has reason to believe that the employee may not be able to repay the advanced leave; or

(b) When an employee is serving a term or temporary appointment with a not-to-exceed date), an agency head may advance sick leave only up to the total sick leave the employee would earn during the remainder of the time-limited appointment.

1243.2 If the reason for an employee’s request for advanced sick leave would qualify for leave under D.C. FMLA or federal FMLA, any advanced sick leave used by the employee shall count towards his or her entitlement.

1243.3 All of the employee’s accrued and accumulated sick leave must be exhausted before an agency head or his or her designee may advance leave to the employee.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2700 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1243

6-B DCMR § 1244 UNSCHEDULED LEAVE AND LEAVE RESTRICTION

1244.1 The process for requesting leave is to submit a request at least one business day prior to when the leave is scheduled to begin (agencies may establish policies requiring that a leave request be submitted more than one day in advance); however, from time to time, employees may need to be absent from work unexpectedly for reasons such as a personal emergency or illness. Any leave not requested at least one business day prior to when the leave is scheduled to begin and approved shall be considered unscheduled leave.

1244.2 Employees are entitled to unscheduled leave when circumstances beyond their control prevent them from reporting to work. An employee may also use unscheduled leave when authorized by the Mayor during a declared emergency as outlined in Subsection 1273.4. Except when an employee is placed on leave restriction, or when there is a uniform agency policy to the contrary, the use of unscheduled sick leave does not require supervisory approval. Notwithstanding the foregoing, a supervisor may deny the use of unscheduled leave if the supervisor has sound reason to believe that a legitimate personal emergency does not exist or the employee's presence on duty is essential to maintain minimum public services in the support or maintenance of public health, life, or property and the employee has been so notified.

1244.3 An employee shall inform his or her immediate supervisor or, if not available, another supervisor within the employee’s chain of command, of his or her need to take unscheduled leave. Except in exceptional circumstances, an employee shall notify his or her supervisor of the need to take unscheduled leave no later than two (2) hours prior to the beginning of the employee’s scheduled tour of duty or as soon as the employee becomes aware of the need to take unscheduled leave, whichever is earlier. A request for unscheduled leave received after the start of the employee’s tour of duty may be denied. Agencies may establish a written policy with a different notification period based on operational requirements.

1244.4 Agency heads shall determine, and inform their subordinate employees in writing, whether notifying a co-worker, leaving a message on the supervisor’s or an approved agency voicemail, sending an electronic mail, or submitting a leave request for unscheduled leave in the time reporting system shall be deemed as an adequate contact for employees notifying their supervisor of their need to take unscheduled leave. If no administrative order or agency policy is developed in this regard, then employees shall submit a leave request for unscheduled leave in the time reporting system.

1244.5 The use of unscheduled leave shall be reported as “unscheduled annual leave,” “unscheduled sick leave,” “unscheduled leave without pay,” “unscheduled compensatory time,” or “unscheduled exempt time off” in the applicable time reporting system based upon the reason for the absence. When appropriate, employees on an approved telework agreement should consider requesting situational telework, as outlined in Subsection 1211.8, in lieu of using unscheduled leave.

1244.6 As required by Subsection 1242.5, sick leave for pre-scheduled medical, dental, or optical examinations or treatments shall be requested in advance. In all other situations, the employee shall make requests for unscheduled sick leave pursuant to Subsection 1244.3.

1244.7 An employee’s immediate supervisor may restrict an employee’s use of unscheduled leave whenever there is substantial evidence that the employee has engaged in a pattern or practice of leave abuse, such as:

(a) Requesting unscheduled leave in order to avoid certain work shifts or work assignments;

(b) Requesting unscheduled leave when a personal emergency does not exist;

(c) Requesting unscheduled leave with such frequency that it results in the employee being unavailable immediately preceding or following the employee’s consecutive two (2) days outside of the basic workweek; or

(d) Requesting unscheduled leave with such frequency that it results in the employee being absent part of the workday or an entire workday on a consistent and regular basis.

1244.8 Whenever a supervisor determines that an employee has engaged in an activity set forth in Subsection 1244.7, the employee may be placed on leave restriction. The period of leave restriction shall be outlined in writing and may not exceed ninety (90) days.

1244.9 An employee who has been placed on leave restriction must receive permission directly from his or her supervisor or, if not available, directly from another supervisor in the chain of command, before taking unscheduled leave.

1244.10 An employee under leave restriction who takes unscheduled leave without receiving prior supervisory approval, as specified in Subsection 1244.9, shall be placed in an Absence Without Official Leave status in accordance with section 1268; may be ordered to provide proof that he or she was seen by a health care provider; and shall be subject to administrative action as indicated in Chapter 16 (Corrective and Adverse Actions; Enforced Leave; and Grievances).

1244.11 Upon completion of a prescribed period of leave restriction without incident, the employee shall be removed from leave restriction and may return to requesting unscheduled leave as indicated in Subsection 1244.4.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2701 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1244

6-B DCMR § 1245 FLSA COMPENSATORY TIME-ACCRUING

1245.1 Compensatory time is an authorized absence from official duty in lieu of payment of authorized overtime as provided in Chapter 11 of these regulations.

1245.2 Compensatory time shall be accrued in fifteen-minute (15-minute) increments. An FLSA non exempt employee shall be limited to the following amounts of compensatory time:

(a) A maximum of four hundred eighty (480) hours for employees occupying public safety, emergency response, and seasonal-work positions; and

(b) A maximum of two hundred forty (240) hours for all other employees.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1246 FLSA COMPENSATORY TIME-GRANTING

1246.1 An employee may be authorized to use, at the employee’s request, compensatory time in lieu of using annual leave, sick leave, leave without pay, or unscheduled leave.

1246.2 To the maximum extent practicable, compensatory time should be taken within three (3) months after it is earned.

1246.3 Compensatory time shall be granted only in one-hour (1-hour) increments, except that a fractional part of an hour may be granted when it is used in conjunction with the last remaining full hour accrued.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1246

6-B DCMR § 1247 PAYMENT FOR FLSA COMPENSATORY TIME

1247.1 An employee shall be given a lump-sum payment for any FLSA compensatory time in his or her account at the time of separation from District government service, regardless of the nature of the separation.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1248 EXEMPT TIME OFF

1248.1 Exempt time off may be authorized as provided in Section 1139 of Chapter 11 of these regulations.

1248.2 An employee may be authorized to use, at the employee’s request, exempt time off in lieu of using annual leave, sick leave, leave without pay, or unscheduled leave.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1248

6-B DCMR § 1249 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1250 ANNUAL LEAVE BANK – GENERAL

1250.1 Sections 1250 through 1258 of this chapter are promulgated to implement annual leave bank provisions in sections 1205 through 1211 of the CMPA (D.C. Official Code §§ 1-612.05 through 1-612.11 (2006 Repl.)).

1250.2 The Annual Leave Bank Program is applicable to all District government employees who are entitled to accrue annual leave pursuant to section 1203 of the CMPA (D.C. Official Code § 1-612.03 (2006 Repl.)).

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002); as amended by Notice of Final Rulemaking published 59 DCR 2690, 2702 (April 6, 2012).

6-B DCMR § 1251 ESTABLISHING AND OPERATING ANNUAL LEAVE BANKS

1251.1 Each personnel authority shall:

(a) Develop written policies and procedures in accordance with these regulations to establish and administer an annual leave bank for employees under its jurisdiction for the purpose of accumulating annual leave donated by employees of that personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency;

(b) Establish and begin operating an annual leave bank for employees under its jurisdiction;

(c) Review and approve or disapprove each employee application to become a leave donor under § 1252 and a leave recipient under § 1253; and inform the employee and the employee’s agency of the approval or disapproval of the application;

(d) Monitor the status of each leave recipient's medical emergency;

(e) Maintain, on a leave year basis, the records required by § 1258 of these rules.

1251.2 Each agency of the personnel authority shall insure that the automated annual leave account balance of each employee who donates annual leave under the provisions of § 1252 of these rules is reduced by the number of annual leave hours donated to the annual leave bank and that the leave donor's time and attendance report also reflects the reduction.

1251.3 Each agency of the personnel authority shall insure that the automated annual leave account balance of each employee who is a leave recipient under the provisions of § 1253 of these rules is increased by the number of annual leave hours received from the annual leave bank and that the leave recipient's time and attendance report also reflects the receipt of annual leave bank hours.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1252 APPLICATION TO BECOME A LEAVE DONOR AND LEAVE BANK MEMBER

1252.1 An employee may make voluntary written application to the annual leave bank established by his or her personnel authority to become a leave donor at any time during the leave year subject to the limitations provided in § 1252.3. The application shall specify the number of hours of annual leave to be donated and any other information the personnel authority may deem necessary.

1252.2 The value of the leave donated by a leave donor shall be an amount equal to the donor's hourly rate of basic pay multiplied by the number of hours of annual leave donated.

1252.3 A leave donor may not donate more than a total of one-half (½) of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored annual leave without limitation.

1252.4 The total amount of annual leave to be donated by a leave donor must be available in the leave account of the leave donor at the time he or she makes application to donate such annual leave; and shall be deducted from the leave donor's leave account effective on the first full pay period following approval of the application by the personnel authority.

1252.5 Once donated, annual leave shall not be recredited to the leave donor.

1252.6 A leave donor shall become a leave bank member of the leave bank established by his or her personnel authority for any leave year in which he or she donates at least four (4) hours of annual leave to that leave bank.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1253 APPLICATION TO BECOME A LEAVE RECIPIENT

1253.1 A leave bank member may make written application to his or her personnel authority to become a leave recipient.

1253.2 If a leave bank member is not capable of making application on his or her own behalf, another employee of the personnel authority may make written application on the employee's behalf.

1253.3 An application to become a leave recipient shall be notarized.

1253.4 An application to become a leave recipient shall be accompanied by the following information concerning the potential leave recipient:

(a) The leave bank member's name, position title, grade and step;

(b) The reason(s) the leave is needed, including a brief description of the nature, severity, anticipated duration, and if it is a recurring medical emergency, the approximate frequency of the medical emergency;

(c) Certification from one or more physicians, or other appropriate experts, with respect to the medical emergency; and

(d) Any additional information that may be required by the personnel authority.

1253.5 Any expense incurred in obtaining the medical certification required by § 1253.4(c) shall be the responsibility of the potential leave recipient.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1254 APPROVAL OF APPLICATION TO BECOME A LEAVE RECIPIENT

1254.1 Each personnel authority shall review the applications to become a leave recipient under procedures developed by that personnel authority for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency as defined in § 1299.

1254.2 Before approving an application to become a leave recipient, the personnel authority shall determine that:

(a) The request to become a leave recipient has been necessitated by a medical emergency;

(b) The absence from duty because of the medical emergency is, or is expected to be, at least ten (10) workdays;

(c) The potential leave recipient has previously donated a minimum of four (4) hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient;

(d) The potential leave recipient has made, and final agency action has been taken on, application(s) for the maximum amount of advanced leave, either sick leave or annual leave as appropriate, available to him or her; and

(e) The potential leave recipient does not possess paid leave, including compensatory time and personal leave, to cover the expected period of absence from work.

1254.3 In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, the personnel authority shall not consider factors other than whether the absence from duty because of the medical emergency will be at least ten (10) workdays and, as a result of such absence the employee's pay on a biweekly basis will be reduced by more than fifty percent (50%) of his or her biweekly rate of basic pay.

1254.4 The fact that a potential leave recipient's application for advanced leave may have been denied shall not be the sole basis for denying an application to become a leave recipient.

1254.5 The personnel authority shall act upon applications to become a leave recipient in the order in which they are received.

1254.6 The personnel authority shall notify an applicant in writing within fifteen (15) workdays of receipt of the application of the action taken on his or her application. If the application is not approved, the notification shall include the reason(s) for the disapproval.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1255 CREDITING ANNUAL LEAVE BANK HOURS

1255.1 Upon approval of an application to become a leave recipient, annual leave bank hours shall be credited to the leave recipient effective the first pay period during which the employee suffered a substantial loss of income.

1255.2 Annual leave bank hours shall not be used to liquidate any indebtedness for any period of advanced leave.

1255.3 Annual leave bank hours shall not be credited to a leave recipient in amounts greater than necessary to provide the employee, when combined with any accrued leave, his or her biweekly basic pay.

1255.4 The value of the annual leave received by a leave recipient from the annual leave bank shall be in an amount equal to the recipient's hourly rate of basic pay multiplied by the number of hours of annual leave received.

1255.5 When a withdrawal is approved, the personnel authority shall reduce its annual leave bank by the dollar value corresponding to the annual leave credited to the leave recipient.

1255.6 When there are insufficient funds in the annual leave bank to fulfill an applicant's request, the personnel authority may only approve an amount that does not cause the annual leave bank to exceed its available balance.

1255.7 When leave recipients cannot be granted the full amount of annual leave requested because of insufficient leave bank balances, and additional hours are donated at a later date, the personnel authority shall first reevaluate the request(s) of the leave recipient(s) who did not receive the full amount of annual leave requested prior to acting on subsequently received applications.

1255.8 Annual leave shall not be borrowed, contributed or otherwise transferred between the annual leave banks of the various District government personnel authorities nor between District government, Federal Government or any other leave banks.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1256 USE OF LEAVE WITHDRAWN FROM A LEAVE BANK

1256.1 A leave recipient may use leave withdrawn from a leave bank only for the specific medical emergency for which the application to become a leave recipient was approved.

1256.2 A leave recipient shall continue to accrue annual leave and sick leave while using leave withdrawn from a leave bank.

1256.3 During each biweekly pay period a leave recipient is affected by a medical emergency, he or she shall use any accrued annual leave (and sick leave, if applicable) before using annual leave withdrawn from a leave bank.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1257 TERMINATION OF MEDICAL EMERGENCIES

1257.1 The medical emergency affecting a leave recipient shall terminate when:

(a) The leave recipient's employment is terminated; or

(b) The leave recipient is no longer affected by the medical emergency.

1257.2 Each personnel authority shall ensure that any annual leave withdrawn from the leave bank and not used before the termination of the leave recipient's medical emergency is returned to the leave bank.

1257.3 Annual leave that is returned to a leave bank shall be credited in an amount equal to the leave recipient's hourly rate of basic pay multiplied by the number of hours of annual leave not used.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1258 RECORDS AND REPORTS

1258.1 Each personnel authority shall maintain the following records on a leave year basis:

(a) The name, grade, step and scheduled rate of basic pay of each leave donor, the total number of hours of annual leave he or she donated to the leave bank and the corresponding dollar value of the leave donated;

(b) The number of applications approved and disapproved for medical emergencies affecting employees;

(c) The number of applications approved and disapproved for medical emergencies affecting an employee's family members; and

(d) The name, grade, step and scheduled rate of basic pay of each leave recipient, the total number of hours of annual leave he or she received from the leave bank and the corresponding dollar value of the leave received;

1258.2 Each personnel authority shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from its Annual Leave Bank, and shall report such accounting to the Director of the D.C. Department of Human Resources (DCHR) within thirty (30) calendar days following the end of each leave year quarter.

1258.3 The DCHR shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from the Annual Leave Bank for employees in subordinate agencies.

1258.4 The Director of the DCHR shall review and compile the accounting reports required by subsection 1258.2 of this section and provide a written report to the Mayor within sixty (60) calendar days following the end of each leave year quarter.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2702 (April 6, 2012).

6-B DCMR § 1259 EXCUSED ABSENCE IN CONNECTION WITH SERVING AS A BONE MARROW OR ORGAN DONOR

1259.1 An employee of the District government is entitled to up to seven (7) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as a bone marrow donor.

1259.2 An employee of the District government is entitled to up to thirty (30) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as an organ donor.

1259.3 The workdays prescribed in §§ 1259.1 and 1259.2 shall be converted to hours.

1259.4 The provisions in §§ 1259.1 and 1259.2 shall only apply if the employee is a volunteer donor.

1259.5 Each personnel authority shall develop written procedures in accordance with this section.

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002).

6-B DCMR § 1260 ABSENCE FOR MATERNITY REASONS

1260.1 The granting of approved absence for maternity reasons may be by a combination of one (1) or more of the following:

(a) Sick leave;

(b) Annual leave;

(c) Compensatory time;

(d) Exempt time off; or

(e) Leave without pay.

1260.2 Except as provided by the D.C. FMLA, authorizing leave without pay for maternity reasons shall be a matter of administrative discretion on the part of each agency head.

1260.3 Leave without pay normally shall be granted only at the request of the employee.

1260.4 The agency head shall ensure continued employment in the employee’s position or a position of like seniority, status, and pay, to an employee who wishes to return to work following delivery and confinement, unless termination is otherwise required by expiration of appointment, by reduction in force, for cause, or for similar reasons unrelated to the maternity absence.

1260.5 Agencies shall apply the same leave policies, regulations, and procedures as are applicable to requests for leave generally.

1260.6 Childbirth or complications of pregnancy shall be deemed to be temporary disabilities and shall be treated for leave purposes in the same manner as any other physical condition that incapacitates the employee for the performance of duty.

1260.7 Periods of absence related to pregnancy and confinement that are not medically certified as due to incapacitation for the performance of duty shall not be charged to sick leave; they shall be charged to annual leave, compensatory time, or to leave without pay if requested by the employee and approved by the leave approving official.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1261 FUNERAL AND FAMILY BEREAVEMENT LEAVE

1261.1 (a) In accordance with the Funeral and Memorial Service Leave Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-83; D.C. Official Code § 1-612.03(n) (2016 Repl.)), an employee shall be entitled to not more than three (3) days of authorized absence without loss of or reduction in pay, leave to which otherwise entitled, or credit for time or service, to make arrangements for or attend the funeral or memorial service of an immediate relative, as defined in Section 1299 of this chapter.

(b) In addition to the three (3) days of authorized absence, unless the mission of the agency would be seriously impaired, an agency shall grant an employee’s request for annual leave, sick leave, exempt time off, or compensatory time for an additional two (2) days upon the death of an immediate relative.

(c) The days requested for funeral leave need not be consecutive, but if they are not consecutive, the employee shall furnish to the approving authority satisfactory reasons justifying the granting of funeral leave for nonconsecutive days.

(d) When approved, an employee shall receive funeral leave for all previously scheduled hours during the leave period, including previously scheduled overtime hours. However, an employee shall not be eligible for overtime premiums for the same hours he or she receives funeral leave.

1261.2 (a) In addition to the leave authorized by § 1261.1, an employee shall be entitled to ten (10) days of bereavement leave without loss of pay, leave, or service credit when the employee suffers a stillbirth, or the employee suffers the death of the employee’s child under the age of twenty-one (21) years.

(b) Bereavement leave under this subsection must be exercised within sixty (60) days after the death of the employee’s child or stillbirth.

(c) For the purposes of this subsection:

(1) “Child” means the biological, adopted, or stepchild of the employee or the employee’s spouse, or of a person for whom the employee stands in loco parentis.

(2) “Stillbirth” means the loss of a pregnancy at twenty (20) weeks gestation or later.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by the Funeral and Memorial Service Leave Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-83; 61 DCR 176 (January 10, 2014)); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1261

6-B DCMR § 1262 MILITARY LEAVE

1262.1 For the purposes of this section, the following terms have the meaning ascribed:

Reserve component of the Armed Forces - the Army National Guard of the United States; the Army Reserve; the Naval Reserve; the Marine Corps Reserve; the Air National Guard of the United States; the Air Force Reserve; or the Coast Guard Reserve.

Military leave - authorized absence without loss of or reduction in pay, leave, or credit for time or service, for the performance of military service as provided in this section. Military leave shall be distinguished from military furlough, which is a period of extended absence without pay while on extended active duty for general military service.

1262.2 (a) An employee serving in a full-time permanent appointment, term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, shall be credited with one-hundred twenty (120) hours of military leave at the beginning of each fiscal year.

(b) Employees may use military leave for active duty or for inactive-duty training under 37 U.S.C. § 101, funeral honors duty under 10 U.S.C. § 12503 and 32 U.S.C. § 115, or to engage in field or coast defense training under 32 U.S.C. §§ 502 through 505.

(c) Military leave that is not used by an employee shall accumulate for use in succeeding fiscal years, except that military leave in excess of one-hundred twenty (120) hours at the beginning of the first full biweekly pay period of the fiscal year shall be forfeited.

(d) An employee serving in a part-time permanent appointment, term appointment, or indefinite appointment shall be credited with a prorated number of hours of military leave. The prorated hours shall be the number of hours scheduled per week divided by forty (40) hours multiplied by one-hundred twenty (120) hours.

(e) Military leave under this subsection shall be limited to a total of two-hundred forty (240) hours per fiscal year.

(f) Scheduled non-workdays falling within a period of military leave under this subsection shall not be charged against an employee’s military leave allotment.

1262.3 An employee serving in a permanent appointment, term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, who performs full-time service for the purpose of providing military aid to enforce the law or in support of a contingency operation as defined in 10 U.S.C. § 101 (a)(13), shall be entitled to military leave, for not to exceed twenty-two (22) workdays in a fiscal year, for either of the following:

Federal service under 10 U.S.C. §§ 331 – 333 and 12406, or other provision of law, as applicable; or

Full-time military service for their state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

1262.4 The pay due an employee who is granted military leave under Subsection 1262.3 of this section shall be subject to the following:

(a) The pay due the employee shall be reduced by any amount (other than travel, transportation, or per diem allowance) received by the employee for such military service as a member of a reserve component of the Armed Forces;

(b) The receipt of military pay shall not only reduce the employee’s entitlement to civilian pay as provided in Subsection 1262.4(a) of this section, but shall also reduce his or her required contribution to the Civil Service Retirement Fund, if applicable, in the same manner as nonpay status reduces such contribution; and

(c) Civilian pay shall be reduced only by the amount that the employee receives for military service performed on a workday, and not by any amount that the employee might receive for military service performed on a nonworkday.

1262.5 When the D.C. National Guard is ordered to duty to perform the kind of services for which military leave is provided under Subsection 1262.3 of this section, the military leave must be charged to the leave specified therein and an appropriate adjustment made in civilian pay as provided in Subsection 1262.4 of this section.

1262.6 An employee serving in a permanent appointment, term appointment, or indefinite appointment, who is a member of the D.C. National Guard, shall be entitled to military leave without loss in pay or time for participation in parades or encampments that the D.C. National Guard, or any portion thereof, is ordered to perform by the Commanding General under Title 49 of the D.C. Official Code. However, leave will not be provided for time spent at weekly drills or meetings and does not extend to voluntary participation in such operations. When leave is taken pursuant to this subsection, the employee shall be entitled to pay differential between their regular rate of pay and that received from the National Guard.

1262.7 An employee with a scheduled tour of duty shall be entitled to military leave as provided in this section.

1262.8 Military leave shall be granted only when competent orders are presented to the appropriate agency official(s).

1262.9 Military leave may be taken intermittently, a day at a time, or as otherwise directed under orders issued by competent military authority; provided, however, that the maximum amounts authorized are not exceeded.

1262.10 It shall be a prerequisite to entitlement to military leave that the employee was in a pay status either immediately prior to the beginning of the period of military service, or returned to a pay status immediately afterwards.

1262.11 An employee shall not be eligible for military leave for the following types of service:

(a) Summer training as members of Reserve Officers Training Corps, when employees shall be carried in leave-without-pay status;

(b) Temporary Coast Guard Reserve;

(c) Participation in parades by members of the National Guard of any jurisdiction except the D.C. National Guard as provided in Subsection 1262.6 of this section;

(d) Training with a state defense organization or a state military organization that is not a part of the National Guard, or any other organization created by the state in the absence of the state National Guard during an emergency;

(e) Weekly drills and meetings as a member of any reserve component of the Armed Forces, including the D.C. National Guard;

(f) Civil Air Patrol (established as a civilian auxiliary of the United States Air Force pursuant to An Act To establish Civil Air Patrol as a civilian auxiliary of the United States Air Force and to authorize the Secretary of the Air Force to extend aid to Civil Air Patrol in the fulfillment of its objectives, and for other purposes, approved May 26, 1948 (Pub. L. 557, 62 Stat. 274));

(g) Time taken on a workday to travel to the place where the training is to begin unless military training orders encompass the period of travel time required;

(h) Active duty as a commissioned officer in the Reserve Corps of the U.S. Public Health Service; or

(i) Active duty with a state National Guard unit when ordered to duty by state authority, except when called for duty as specified in Subsection 1262.3(b) of this section.

1262.12 An employee who is a member of one of the reserve components of the Armed Forces and who is ordered into the active military service of the United States with the pay and allowances of his or her grade, may not, during the periods of such service, be employed in an active civilian capacity under the District government and receive pay therefore in the absence of specific statutory authority.

1262.13 [Repealed]

1262.14 If a physical examination is required in connection with military leave:

(a) The time required for such examination shall be counted as part of the military leave, if it does not cause the total period of absence to exceed the maximum number of days allowed and

(b) If the physical examination cannot be taken within the maximum period of time allowed, the required additional absence shall be charged to sick leave, annual leave, compensatory time, or leave without pay, as appropriate.

1262.15 An employee who is a member of a reserve component of the Armed Forces who is called for a period of military service in excess of the maximum number of days allowed for military leave may use annual leave, compensatory time, or leave without pay for the period of absence from duty.

1262.16 A member of a reserve component of the Armed Forces may also be carried in an annual leave status to the extent of annual leave accrued during the period of active military service.

1262.17 When an employee, while on annual leave before a furlough-without-pay occurring prior to separation by reduction in force, is called to military training duty, military leave shall be regarded as interrupting his or her annual leave status so as to permit him or her to revert to an annual leave status at the termination of the military leave before the previously fixed reduction-in-force termination date.

1262.18 An employee who is scheduled to work on an evening or weekend, and who is simultaneously required to be absent from duty to participate in evening or weekend drills or meetings with his or her reserve component unit, and for whom a schedule adjustment, as provided in Subsection 1204.2(h) of this chapter, cannot reasonably be made, shall be excused from duty, but the absence shall be charged to annual leave, compensatory time, or leave without pay, as appropriate.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 64 DCR 8589 (September 1, 2017); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1262

6-B DCMR § 1263 COURT LEAVE

1263.1 Court leave shall be the authorized absence from work status without loss of or reduction in pay, leave to which otherwise entitled, or credit for time or service, of an employee other than an employee on a when-actually-employed (WAE) or intermittent basis, whenever the employee is performing jury service as set forth in section 1264 of this chapter, witness service, as provided in section 1265 of this chapter, or on a substituted basis, as specified in sections 1263.5, 1263.6, or 1263.15 of this section.

1263.2 Court leave shall only be granted to an employee who, except for the performance of jury or witness service, would have been on duty, or on leave with pay or compensatory time, and shall not be granted to an employee in a nonpay status when summoned to perform such service.

1263.3 A night-shift employee who performs jury or witness service during the day shall be granted court leave for his or her regularly scheduled night tour of duty.

1263.4 While the word “summoned” as used in this section and in sections 1264 and 1265 of this chapter includes a subpoena, the word does not connote any necessity for a subpoena, but does intend that the summons be an official request, invitation, or call, evidenced by an official writing from the court or authority responsible for the conduct of the proceeding, thus ruling out strictly voluntary appearances from court leave coverage, as well as a “summons” for any purpose other than those set forth in sections 1264 and 1265 of this chapter.

1263.5 If an employee is on annual leave when summoned to perform jury or witness service, court leave shall be substituted, and any annual leave forfeited as a result of the substitution shall be restored as provided in section 1241 of this chapter.

1263.6 An employee on annual leave under advance notice of separation due to reduction in force pursuant to Chapter 24 of these regulations, and who is summoned to perform jury or witness service, shall be entitled to have court leave substituted for annual leave, but not to extend beyond the date administratively fixed for his or her separation.

1263.7 Court leave shall only be granted for the period actually spent in jury or witness service, plus reasonable travel time.

1263.8 When no hardship would result, it shall be within the administrative discretion of the agency head to require an employee on court leave to return to duty or suffer a charge against his or her annual leave or compensatory time, or to be placed on leave without pay if the employee does not elect to use annual leave or compensatory time (or if there is no available annual leave or compensatory time), if the employee is excused from jury or witness service for half or more of a workday. A hardship would be deemed to occur if the employee was unable to perform a substantial part of a day's duty, or if the employee was assigned to a night shift.

1263.9 Upon return to duty, the agency head may require the employee to certify to, or submit written evidence of, the dates and, if possible, the hours of the jury or witness service performed.

1263.10 An employee who performed jury or witness service while on court leave shall not be entitled to also retain jury or witness fees paid by the court, a party, or other body for the same period of service, except as follows:

(a) If a court’s rules define its fees as payment for travel and meals, or otherwise as reimbursement for expenses, then these fees may be retained by an employee; and

(b) An employee shall be permitted to retain fees received for jury or witness service performed on a holiday falling within the employee’s basic tour of duty if, had the employee not been performing such service, he or she would have been excused from regular duties on that holiday.

1263.11 The employee shall turn over to his or her agency any fees for jury or witness service that are not authorized to be retained.

1263.12 The employee shall be permitted to keep any excess of the jury or witness fees over the amount of compensation due him or her for the same period.

1263.13 An employee who is in a leave-without-pay status as specified in section 1267 of this chapter when summoned for jury or witness service, and consequently not entitled to court leave, shall be entitled to retain all fees for services while in a leave-without-pay status.

1263.14 An employee who is a party in any civil action, or a defendant in a criminal action, shall not be entitled to court leave, but shall be required to take annual leave, compensatory time, or leave without pay, as appropriate.

1263.15 An employee who is a successful plaintiff in an action against the District government brought under the Civil Rights Act of 1964, and who used annual leave, compensatory time, or leave without pay, shall be made whole as follows:

(a) Any annual leave used by the employee for that period shall have court leave substituted therefore, and any annual leave forfeited as a result of the substitution shall be restored as provided in section 1241 of this chapter;

(b) Any compensatory time used by the employee for that period shall have court leave substituted therefore; and

(c) Any leave without pay used by the employee for that period shall have court leave substituted therefore, and the employee given back pay.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1264 JURY SERVICE

1264.1 Jury service for which court leave is authorized shall include any service as either a grand juror or petit juror in any jurisdiction, including time spent pursuant to a summons to appear for such service, whether or not actually selected to serve on such jury or juries.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

6-B DCMR § 1265 WITNESS SERVICE

1265.1 An employee shall receive paid court leave pursuant to § 1263 for the time the employee spends providing testimony or to producing evidence when a court or administrative tribunal summons the employee to appear and provide testimony or to produce evidence in any judicial or administrative proceeding in which the District of Columbia, the United States, or another state or local government is a party.

1265.2 Notwithstanding § 1265.1, an employee providing testimony or producing evidence in his or her official capacity as a District government employee, rather than in his or her personal capacity, in a judicial or administrative proceeding shall be deemed to be on District government duty and shall receive regular pay rather than paid court leave.

1265.3 An employee shall be eligible for reimbursement for travel expenses incurred to provide testimony or to produce evidence in his or her official capacity as a District government employee in accordance with Chapter 40 of this subtitle.

1265.4 An employee may be granted leave without pay, annual leave, or compensatory leave, as appropriate, whenever a judicial or administrative body summons the employee to provide testimony or produce evidence in a proceeding in which neither the District of Columbia, the United States, nor another state or local government is a party. The employee shall not be eligible to receive paid court leave for providing testimony or producing evidence in such a proceeding.

1265.5 The agency head shall contact the judicial or administrative body issuing the summons for clarification when it is unclear whether the employee will be providing testimony or producing evidence in his or her personal or official capacity.

1265.6 Notwithstanding § 1265.1, an employee is not eligible for paid court leave:

While participating in a criminal proceeding where the employee is a named defendant; or

(b) Where the employee, a relative of the employee, or a private entity in which the employee has a financial interest, initiates a judicial proceeding.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 68 DCR 3287 (March 26, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1265

6-B DCMR § 1266 ADMINISTRATIVE LEAVE

1266.1 Administrative leave may be granted by an agency head, at his or her discretion, for up to ten (10) consecutive workdays.

1266.2 Administrative leave in excess of ten (10) consecutive workdays may be granted only with the approval of the personnel authority.

1266.3 Administrative leave shall be granted when an employee has been given permission to attend a meeting or conference, or to participate in an approved training program, but not directed to attend or participate.

1266.4 It shall be appropriate for an agency to use administrative leave in any case where time is needed to complete an investigation that could lead to a corrective or adverse action. However, before placing an employee on administrative leave while an investigation is pending, the agency head shall determine whether the employee could be temporarily reassigned to another unit for the duration of the investigation.

1266.5 Temporary reassignment should be chosen over administrative leave in those cases where the employee’s continued presence at the work site does not interfere with government operations, impede the pending investigation, or place other employees at risk.

1266.6 Administrative leave shall normally be authorized on an individual basis, except when a District government facility is closed or a group of employees is excused from work for various purposes.

1266.7 As provided in Chapter 16 of these regulations, an employee shall be given administrative leave for up to ten (10) hours for the purpose of preparing his or her answer to a notice of proposed adverse action initiated under that chapter.

1266.8 An employee shall be given administrative leave at reasonable times for the purpose of consulting with District government personnel officials, an equal employment opportunity officer, or with a supervisory or management official of higher rank than the employee’s immediate supervisor, concerning the employee’s duties, working conditions, employment and retirement status, complaints, grievances, appeals, and like matters; however, the employee shall be required to ask his or her immediate supervisor to indicate a convenient time when he or she can be excused without unduly disruption to the work schedule, and shall be required to inform the supervisor of the name of the official the employee needs to consult with, or office to be visited.

1266.9 An employee shall be given administrative leave for the purpose of taking a medical examination for District government employment, an examination for induction or enlistment in the active-but not the reserve-armed forces, a District government vehicle operator’s examination, or other examination that his or her agency has requested him or her to take in order to qualify for reassignment, promotion, or continuance of his or her present job.

1266.10 Agencies shall grant employees up to two (2) hours of administrative leave to attend an initial appointment for the Employee Assistance Program (EAP) in accordance with § 2010. Unless otherwise authorized by the personnel authority, agencies may grant employees up to eight (8) additional administrative leave hours per leave year to take advantage of EAP and wellness offerings as part of their comprehensive wellness programs as described in § 2013.

1266.11 A request by an elected Advisory Neighborhood Commissioner for administrative leave to attend an official Advisory Neighborhood Commission function shall be granted, unless the absence would seriously disrupt the activities of the District government agency in which the Advisory Neighborhood Commissioner is employed.

1266.12 Except when a work schedule has been established as provided in section 1204.2(j) of this chapter, an employee who is a member of a board or commission shall be given administrative leave to attend official board or commission meetings as defined in Chapter 11 of these regulations.

1266.13 An employee shall be given administrative leave, usually for a period not to exceed four (4) hours, in order to comply with the registration requirements of section 3 of the Military Selective Service Act, as amended (50 U.S.C. APP. 453), subject to the supervisor’s right to approve the date and times at which such absence shall be granted.

1266.14 An employee shall be granted at least two (2) hours of paid administrative leave to vote in any election run by the jurisdiction in which the employee is eligible to vote, if the employee requests to take the leave before the day of the election. When two (2) hours of administrative leave are insufficient to enable an employee to vote, the agency may authorize up to an additional two (2) hours of paid administrative leave when required based on the specific circumstances. Employees shall request leave for voting following their agency’s leave policies.

1266.15 Notwithstanding subsection 1266.14, an agency may specify the hours during which an employee may take leave to vote, including by:

(a) Requiring that the employee take this leave during a period designated for early voting instead of on the day of the election; or

(b) Requiring that the employee take this leave at the beginning or end of their tour of duty.

1266.16 An employee shall be given administrative leave for initial treatment (including reasonable time spent in travel) of an injury incurred in the line of duty, and for the remainder of the day in which the injury occurred when the injury is sufficiently serious to justify the granting of sick leave had the injury not have been incurred in the line of duty.

1266.17 An employee who has returned to a full tour of duty but who, as a result of an illness or injury incurred in the line of duty, must report periodically for subsequent or follow-up treatment to a facility or physician authorized to treat him or her, shall be given administrative leave for the time necessary to receive such treatment (including travel) when treatment must be scheduled during the employee’s regular tour of duty.

1266.18 An employee who is a disabled veteran, and who must report periodically for subsequent or follow-up medical examination or treatment directly related to his or her disability, may be given administrative leave for the time necessary to receive such treatment (including travel) when treatment must be scheduled during the employee’s regular tour of duty. Requests for such leave shall include documentation and shall be made in advance.

1266.19 An employee who donates blood to the Red Cross or to any similar organization, or who donates blood to any District government employee in need of a blood transfusion, or who makes a donation of blood to replace blood required by any District government employee shall be given administrative leave for a reasonable period of time for this purpose.

1266.20 An employee may be given administrative leave to attend a meeting or conference, if not prohibited by law and if the agency head determines that the employee’s attendance is in the best interest of the District government.

1266.21 An employee may be given administrative leave to attend programs or other meetings or functions that are officially sponsored or conducted by the District government or any of its agencies for the education or other benefit of employees.

1266.22 An employee representative of a recognized labor organization shall be granted administrative leave to attend meetings and conferences with management officials, pursuant to collective bargaining agreements, if prior approval is obtained in accordance with established agency or collective bargaining procedures.

1266.23 The Mayor may authorize the dismissal of employees for special reasons within his or her discretion without first declaring the day or portion of the day a legal public holiday under the provisions of subsection 1220.4 of this chapter. When dismissal is so authorized, affected agencies shall grant administrative leave to employees other than those designated as essential or emergency employees under section 1270 of this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2702 (April 6, 2012); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1266

6-B DCMR § 1267 LEAVE WITHOUT PAY

1267.1 Leave without pay shall be charged only for those hours during which an employee would otherwise work or for which he or she would be paid, but shall not be charged for hours for which an employee would receive overtime pay.

1267.2 The permissive nature of leave without pay distinguishes it from absence without leave, which shall be a nonpay status resulting from an agency determination that it will not grant annual leave, sick leave, compensatory time, or leave without pay, for a period of absence for which the employee did not obtain advance authorization or for which his or her request for leave has been denied.

1267.3 Except as provided by the D.C. FMLA, authorizing leave without pay shall be a matter of administrative discretion.

1267.4 An employee shall not be entitled to be granted leave without pay as a matter of right, except for the following:

(a) A disabled veteran who is entitled to leave without pay, if necessary, for medical treatment; and

(b) A reservist and member of the National Guard who is entitled to leave without pay if necessary to perform military duties.

1267.5 Except in unusual circumstances or in furtherance of a program of interest to the District government when it is known in advance that the period of absence will exceed one (1) year, leave without pay shall not be authorized initially for any period in excess of fifty-two (52) calendar weeks.

1267.6 An agency head may approve leave without pay up to a maximum of fifty-two (52) calendar weeks.

1267.7 A personnel authority may approve leave without pay for any period of time.

1267.8 Section 1267.5 of this section shall not apply to absence for service with the U.S. Armed Forces, or for service with restoration rights under section 827 of Chapter 8 of these regulations.

1267.9 Leave without pay shall not extend beyond the termination of the employee’s appointment.

1267.10 An employee may be involuntarily placed on leave without pay whenever:

(a) The employee is drawing disability compensation under Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);

(b) The employee is excused from duty as provided in section 1262.18 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time; or

(c) The employee was originally granted court leave, has been excused as provided in section 1263.8 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1268 ABSENCE WITHOUT LEAVE

1268.1 An absence from duty that was not authorized or approved, or for which a leave request has been denied, shall be charged on the leave record as “absence without leave (AWOL).” The AWOL action may be taken whether or not the employee has leave to his or her credit.

1268.2 An agency head is authorized to determine whether an employee should be carried as AWOL.

1268.3 Pay shall be withheld for the entire period of AWOL.

1268.4 If it is later determined that the absence was excusable, or that the employee was ill, the charge to AWOL may be changed to a charge against annual leave, compensatory time, sick leave, or leave without pay, as appropriate.

1268.5 An employee shall not be required to perform duties during the period of the AWOL charge.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1269 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11575(November 30, 2007)

6-B DCMR § 1270 DECLARED EMERGENCIES—IN GENERAL

1270.1 During a declared emergency, the following situations may occur:

(a) In response to circumstances that develop while employees are at work, employees may be dismissed early as provided in Section 1272 of this chapter;

(b) In response to circumstances that develop prior to normal duty hours, employees may be authorized to take unscheduled leave, unscheduled telework, or arrive late to work, as provided in Section 1273 of this chapter; and

(c) In response to circumstances that arise prior to normal duty hours, there may be a shut-down of District government operations as provided in Section 1274 of this chapter.

1270.2 The Mayor may declare an emergency whenever he or she deems it to be appropriate and in the public interest.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1270

6-B DCMR § 1271 DECLARED EMERGENCIES—EMERGENCY AND ESSENTIAL EMPLOYEES

1271.1 For the purposes of this section as well as Sections 1272 through 1274 of this chapter, certain District government employees shall be designated as “essential” or “emergency” employees.

1271.2 Critical District government operations cannot be suspended or interrupted during emergency situations such as those described in Subsection 1270.1 of this section. Agencies shall identify each agency position with duties that are vital to the continuity of medical facilities, public safety, emergency services, or other crucial operations, and shall designate employees occupying such positions as “essential employees.” Employees designated as “essential” shall be required to be at work regardless of the emergency situation declared.

1271.3 The position description with duties as described in Subsection 1271.2 of this section shall state that the incumbent of the position shall be considered an essential employee required to be at work when an emergency is declared, regardless of the emergency situation declared.

1271.4 An employee designated as an “essential employee” under the provisions of Subsection 1271.2 of this section shall be identified by position title or other appropriate means, and shall be notified in writing of his or her designation as an essential employee and the specific requirements placed upon the employee in emergency situations. The written notification shall occur within thirty (30) days of the agency determination for current employees, or at the time of hire or appointment to the essential position for new employees, as applicable. The required thirty (30)-day notification period may be suspended during a period of a declared emergency.

1271.5 An emergency employee is an employee whose services are necessary for the continuity of operations during a declared emergency. An emergency employee typically provides advice, recommendations, or specific functional support.

1271.6 An emergency employee may be designated from any employment status category (including, but not limited to: Management Supervisory Service, Excepted Service, Legal Service, Career Service, Education Services, etc.).

1271.7 An employee designated as an “emergency employee” under the standards of Subsection 1271.5 of this section shall be informed of the designation in writing within thirty (30) days of such designation. The required thirty (30)-day notification period and the requirement that notification be in writing may be suspended during a period of a declared emergency or during the period of time preceding an expected declaration of an emergency. A written notification shall follow a verbal notification.

1271.8 An agency head may activate an employee designated as an “emergency employee” based on the nature and circumstances of a particular declared emergency. An emergency employee who has been designated and activated will be called in to work, required to stay at work, or required to telework, if approved to do so, during the particular emergency situation.

1271.9 Upon determination by an agency head that an employee’s position designation as an emergency employee is no longer applicable, the agency head shall notify the employee, in writing, within thirty (30) days of such determination.

1271.10 Essential and emergency employees who are required to work during a declared emergency when non-essential and non-emergency employees are on administrative leave shall be entitled to compensation as provided in Section 1135 of Chapter 11 of these regulations.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1271

6-B DCMR § 1272 DECLARED EMERGENCIES—EARLY DISMISSALS

1272.1 The Mayor may, whenever he or she deems it to be appropriate in the public interest, authorize the early dismissal of employees, whereupon he or she shall notify agencies to dismiss, for a specified period of time, and grant administrative leave to, as many employees as the agency head determines to be practicable.

1272.2 Agency heads and other personnel authorities may dismiss, and grant administrative leave to, employees due to the breakdown of heating or air conditioning equipment and other similar situations within one or more of the agency’s or personnel authority’s facilities.

1272.3 Except as provided in Subsection 1272.5 of this section, whenever early dismissal has been authorized, all employees, except essential employees and emergency employees who have been activated subject to the provisions of Section 1271 of this chapter, shall be permitted to leave their assigned duty stations prior to the close of the normal workday, on administrative leave, if the following conditions are met:

(a) They are in a duty status when the notice of early dismissal is received; and

(b) Their regular tour of duty ends after the hour given as the authorized time for early departure.

1272.4 An employee who previously requested and was granted leave for the entire day shall be charged leave for the entire day, regardless of the early dismissal.

1272.5 If, after the notice of early dismissal, an employee requests and is granted leave, the employee shall be charged leave only for that period when leave commences, to the hour that early dismissal is authorized.

1272.6 If, prior to the notice of early dismissal, an employee requests and is granted leave, but otherwise makes known his or her intention of returning to duty status at a time that precedes the end of his or her regular tour of duty, the employee shall be charged leave only for the period of time specified.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1272

6-B DCMR § 1273 DECLARED EMERGENCIES—LATE ARRIVAL, UNSCHEDULED LEAVE, OR UNSCHEDULED TELEWORK POLICY

1273.1 The Mayor may, whenever he or she deems it to be appropriate and in the public interest, authorize one or all of the following:

(a) A late arrival policy authorizing a designated number of hours of excused absence;

(b) An unscheduled leave policy; or

(c) An unscheduled telework policy.

1273.2 Each employee shall be responsible for reporting for duty at the late arrival time, even upon the occurrence of conditions beyond the control of an employee, such as inclement or hazardous weather or a transportation disruption.

1273.3 Whenever the Mayor determines that a late arrival policy is in effect in accordance with Subsection 1273.1(a) of this section, an employee, other than an essential or emergency employee subject to the provisions of Section 1271 of this chapter, shall be authorized to arrive late, up to the number of hours specified by the Mayor, without loss of pay. An employee who utilizes leave for the entire day when a late arrival policy is in effect shall be charged the appropriate leave for the entire day.

1273.4 Whenever the Mayor determines that an unscheduled leave policy is in effect due to a declared emergency in accordance with Subsection 1273.1(b), an employee, other than an essential or emergency employee subject to the provisions of Section 1271, shall be permitted to utilize annual leave, compensatory time, exempt time off, or leave without pay, for all or part of that day, up to a maximum of eight (8) hours or the number of hours worked under an alternative or compressed work schedule, if applicable, without obtaining advance approval or providing detailed justification. The use of unscheduled sick leave must be approved in accordance with Section 1244.

1273.5 Whenever the Mayor determines that an unscheduled telework policy is in effect in accordance with Subsection 1273.1(c) of this section, an employee on a telework agreement may telework. An employee must inform his or her supervisor and timekeeper (or equivalent) of any unscheduled telework day(s) taken pursuant to this section.

1273.6 Whenever the Mayor determines that an unscheduled telework policy is in effect, an employee designated as an emergency employee who is activated is required to report to work unless he or she is directed to telework.

1273.7 An employee who does not report to work (or who does not telework, when authorized to do so) and does not request leave during a period when an unscheduled leave or unscheduled telework policy is in effect, and refuses to consent to any type of leave upon return to duty, shall be charged with absence without official leave.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1273

6-B DCMR § 1274 DECLARED EMERGENCIES—SHUT-DOWN

1274.1 The Mayor may, whenever he or she deems it to be appropriate and in the public interest, authorize the shut-down of all non-essential District government operations prior to the commencement of normal duty hours.

1274.2 Agency heads and other personnel authorities may authorize the shut-down of one or more of their facilities due to a breakdown of heating or air conditioning equipment or other similar situations, and shall ensure that all affected employees are promptly notified.

1274.3 Except as provided in Subsections 1274.4 and 1274.5 of this section, employees shall be given administrative leave for the entire day of shut-down.

1274.4 Each essential employee subject to the provisions of Section 1271 of this chapter shall still be required to report for duty even upon the occurrence of conditions beyond the control of an employee, such as inclement or hazardous weather or a transportation disruption.

1274.5 Each emergency employee subject to the provisions of Section 1271 of this chapter shall be required to report for duty or telework, if activated, even upon the occurrence of conditions beyond the control of an employee, such as inclement or hazardous weather or transportation disruption.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1274

6-B DCMR § 1275 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11578(November 30, 2007).

6-B DCMR § 1276 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11578(November 30, 2007).

6-B DCMR § 1277 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11578(November 30, 2007).

6-B DCMR § 1278 RESERVED

History

• SOURCE: Final Rulemaking published at 54 DCR 11578(November 30, 2007).

6-B DCMR § 1279 PAID LEAVE PURSUANT TO THE ACCRUED SICK AND SAFE LEAVE ACT OF 2008 (D.C. LAW 17-152), AS AMENDED

1279.1 The Accrued Sick and Safe Leave Act of 2008 (“Act”), effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code §§ 32-131.01, et seq. (2012 Repl. & 2016 Supp.)), provides paid leave to covered employees for illness and for absences associated with domestic violence and sexual abuse.

1279.2 The provisions of this section shall only apply to “covered employees.” For the purposes of this section, a “covered employee” is a temporary employee who has been continuously employed under a “When Actually Employed” (WAE) (also known as intermittent) appointment for at least ninety (90) days. The District government has paid leave policies, as specified in this chapter, which provide leave options at higher accrual rates than those provided in this section. Employees in non-WAE positions are covered by those leave options, rather than by this section.

1279.3 An employee’s paid leave under this section shall accrue in accordance with the District government’s established biweekly pay period, and at the beginning of his or her employment. Covered employees are provided with not less than one (1) hour of paid leave for every thirty seven (37) hours worked, not to exceed seven (7) days a year.

1279.4 Covered employees shall accrue paid leave on a prorated basis at a rate of (1) hour of paid leave per biweekly pay period. An employee may begin to access the accrued paid leave after ninety (90) days of service with the District government.

1279.5 Paid leave accrued under this section may be used by a covered employee for any of the following:

(a) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;

(b) An absence resulting from obtaining a professional medical diagnosis or care, or preventive medical care, for the employee;

(c) An absence for the purpose of caring for a family member who has any of the conditions or needs for diagnosis or care described in paragraphs (a) and (b) of this subsection; or

(d) An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse; provided, the employee seeking leave under paragraph (d) of this subsection, may:

Seek medical attention for the employee or the employee’s family member to treat or recover from physical or psychological injury or disability caused by an incident of stalking, domestic violence, or sexual abuse;

Obtain services from a victim services organization;

Obtain psychological or other counseling services;

Temporarily or permanently relocate;

Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from an incident of stalking, domestic violence, or sexual abuse; or

Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.

1279.6 Unused paid leave accrued by a covered employee who separates from employment and is rehired within one (1) year of separation shall be reinstated. The employee shall be entitled to use the accrued paid leave and accrue additional paid leave immediately upon re-employment provided that the employee had previously been eligible to use paid leave.

1279.7 Unused paid leave accrued by an employee subject to this section who separates from employment for more than one (1) year, shall not be reinstated, and the employee shall be considered as being on a new appointment for purposes of leave accrual and access as provided in Subsections 1279.3 and 1279.4.

1279.8 The use of paid leave by a covered employee in accordance with this section shall not subject the employee to discipline, termination, demotion, suspension or other corrective or adverse action.

1279.9 If the Mayor (or his or her designee) determines that a District agency under the Mayor’s personnel authority has violated any provisions of this section, the Mayor (or his or her designee) shall order affirmative remedies in accordance with provisions contained in the Act.

1279.10 The District government shall retain records documenting the hours worked and the paid leave taken by an employee subject to the provisions of this section for a period of three (3) years. The District government shall allow access to the retained records by the Mayor and the D.C. Auditor, with appropriate notice.

1279.11 For the purposes of this section, the following terms shall have the meanings ascribed:

Domestic violence – an intrafamily offense as defined in D.C. Official Code § 16-1001(8).

Employee – any individual employed by the District government.

Family member – (a) a spouse, including the person identified by an employee as his or her domestic partner, as defined in Section 2(3) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3) (2012 Repl.)); (b) the parents of a spouse; (c) children (including foster children and grandchildren); (d) the spouses of children; (e) parents; (f) brothers and sisters; (g) the spouses of brothers and sisters; (h) a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (i) a person with whom the employee shares or has shared, for not less than the preceding twelve (12) months, a mutual residence and with whom the employee maintains a committed relationship, as defined in Section 2(1) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(1)).

Paid leave – accrued increments of compensated leave provided by the District for use by an employee.

Sexual abuse – any offense described in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code §§ 22-3001 et seq. (2012 Repl. & 2016 Supp.)).

History

• SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1279

6-B DCMR § 1280 PARENTAL LEAVE

1280.1 District government employees are covered by the provisions of the Parental Leave Act (Act), effective August 17, 1994 (D.C. Law 10-146; D.C. Official Code §§ 32-1201, et seq. (2010 Repl.)). Regulations on the Act, adopted by the Office of Human Rights, are contained in Chapter 17, Parental Leave, of title 4 of the District of Columbia Municipal Regulations.

1280.2 An employee who is a parent shall be entitled to a total of twenty four (24) hours leave during any twelve (12)-month period to attend or participate in school-related events of his or her child.

1280.3 An employer may deny the leave only if the granting of it would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.

For the purposes of this section, the following terms shall have the meaning ascribed:

Parent – (a) the natural mother or father of a child; (b) a person who has legal custody of a child; (c) a person who acts as a guardian of a child regardless of whether he or she has been appointed legally as such; (d) an aunt, uncle, or grandparent of a child; or (e) a person who is married to, or in a domestic partnership with a person listed in categories (a) through (d) of this definition.

School-related event – an activity sponsored by either a school or an associated organization such as a parent-teacher association. A school-related event includes: a student performance such as a concert, play, or rehearsal; the sporting game of a school team or practice; a meeting with a teacher or counselor; or any similar type of activity. A school-related event shall involve the parent’s child directly either as participant or subject but not as a spectator.

1280.5 The parental leave described in subsection 1280.2 of this section may consist of unpaid leave unless the parent elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer.

1280.6 Eligible employees shall notify the employer of the desire for leave to attend a school-related event at least ten (10) calendar days prior to the event, unless the need to attend the school-related event cannot be reasonably foreseen.

1280.7 Employers shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of the Act and information that pertains to the filing of a complaint under the Act.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2708 (April 6, 2012).

6-B DCMR § 1281 FAMILY AND MEDICAL LEAVE

1281.1 District government employees are covered by the provisions of D.C. Official Code § 32-501 et seq. (2006) establishing the D.C. FMLA; and the provisions of the federal Family and Medical Leave Act (federal FMLA), approved January 5, 1993 (P.L. 103-3; 107 Stat. 7; 29 U.S. Code §§ 2611 et seq.).

1281.2 Personnel authorities may set forth written procedures for granting leave to employees under the D.C. FMLA and the federal FMLA.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1282 VOLUNTARY LEAVE TRANSFER PROGRAM

1282.1 District government employees are covered by the provisions of D.C. Official Code § 1-612.31 et seq. (2006) establishing the Voluntary Leave Transfer Program for the District government.

1282.2 In accordance with D.C. Official Code § 1-612.32 (a) (2006), each District government agency shall establish a voluntary leave transfer program for its employees, under which annual or universal leave accrued or accumulated by an employee may be transferred on an hour-for-hour basis within the agency to the annual or universal leave account of any other eligible agency employee.

1282.3 In accordance with D.C. Official Code § 1-612.32 (b) (2006), a voluntary transfer of leave is authorized when a potential recipient employee will suffer a prolonged absence due to:

(a) The employee’s serious health condition; or

(b) The employee’s responsibility to provide personal care to an immediate relative.

History

• SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

6-B DCMR § 1283 GOVERNMENT FAMILY LEAVE PROGRAM – GENERAL PROVISIONS

1283.1 Eligible District government employees are entitled to up to eight (8) workweeks of paid family leave within a twelve (12) month period for a single qualifying event. Qualifying events are described in Subsection 1284.2.

1283.2 For the purposes of determining the number of hours of paid family leave to which an employee may be entitled, a workweek shall be calculated as the average weekly hours paid within the preceding six (6) months, excluding overtime, or, if reliable historical data is not available, the number of hours scheduled for an employee’s typical tour of duty.

1283.3 An eligible employee shall receive paid family leave for only one (1) qualifying event within a twelve (12) month period.

1283.4 For purposes of Sections 1283 through 1288, the following meanings apply:

(a) “Child” means a person under twenty-one (21) years of age; an individual, regardless of age, who is substantially dependent upon the employee due to physical or mental disability; or a person under twenty-three (23) years of age who is a full-time student at an accredited college or university.

(b) “Conditional approval” means the temporary approval of an application when the employee cannot provide the required documentary proof prior to the qualifying event, including in instances of an emergency.

(c) “Eligible employee” means a District government employee, other than a temporary employee appointed for less than ninety (90) days, an intermittent employee, and any other employee who is not eligible to accrue annual leave.

(d) “Family member” means an individual related to the employee by blood, marriage, domestic partnership, or legal custody (including foster care); a child who lives with the employee and for whom the employee has permanently assumed and discharges parental responsibility; and an individual with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship.

(e) “Serious health condition” means a physical or mental illness, injury, or impairment that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment, or supervision at home by a health care provider or other competent individual, as defined in Section 2(9) of the District of Columbia Family and Medical Leave Act of 1990 (Act), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501(9)).

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1283

6-B DCMR § 1284 GOVERNMENT FAMILY LEAVE PROGRAM – ELIGIBILITY

1284.1 To be eligible for the paid family leave program, the employee must meet the following criteria:

The employee must not be a temporary employee appointed for less than ninety (90) days; or

The employee must not be an intermittent employee, as defined in Section 1299;

(c) The employee must not have received (or been paid) paid family leave benefits for another qualifying in the twelve (12) months preceding the start date for the new qualifying event; and

(d) The qualifying event experienced by the employee must have occurred within twelve (12) months before the start date of the employee’s paid family leave.

1284.2 An employee may be eligible for paid leave under this section for any of the following qualifying events:

(a) The birth of a child of the employee;

(b) The legal placement of a child with the employee (such as through adoption, guardianship, or foster care);

(c) The placement of a child with the employee, when the employee permanently assumes and discharges parental responsibility for that child; or

When a family member suffers from a serious health condition, as defined in Section 1283 of this chapter that requires the employee’s care.

1284.3 An eligible employee shall provide proof that a qualifying event has occurred within the last twelve (12) months, or will likely occur in the next twelve (12) weeks, by submitting one (1) of the following:

(a) For the birth of a child, a certificate of live birth listing the employee as a legal parent or other reliable documentation evidencing the birth of the employee’s child (unless waived by the agency);

(b) For legal placement of a child, a certified copy of the court order granting the employee legal custody of the child;

(c) For non-legal placements of a child, two (2) official records establishing the employee as a named caregiver to the child (such as school enrollment, insurance records, or medical records); and reliable documentation as to the date when the placement occurred (such as insurance records and certificates of death); or

(d) For the care of a family member with a serious health condition:

(1) Government or other reliable documentation establishing a family relationship (including but not limited to, birth certificate, marriage license, court order, joint lease, and joint bank account statement); and

(2) A completed Certification of Health Care Provider for Family Member’s Serious Health Condition, on a form supplied by the personnel authority.

1284.4 A child returning from residing away from the employee while attending an accredited college or university, summer school, or any other routine or temporary relocation, including visits with relatives or friends, shall not constitute placement with the employee under the paid family leave program.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1284

6-B DCMR § 1285 GOVERNMENT FAMILY LEAVE PROGRAM – APPLICATION

1285.1 To apply for paid family leave, an employee shall submit the District of Columbia Family and Medical Leave Act (DCFMLA), Request for Family and Medical Leave and Government Family Leave application and provide any required additional documentation to his or her agency FMLA Coordinator.

1285.2 Application materials shall be submitted to the agency FMLA Coordinator at least thirty (30) days prior to the qualifying event, if possible. Absent good cause, a failure to provide the requisite notice may result in delaying a decision on the requested leave until the required certification is provided.

1285.3 If an agency has reason to doubt the validity of the medical documentation provided by the employee, the agency shall consult with its agency counsel prior to requesting that the employee obtain a second opinion from another health care provider.

1285.4 The application materials shall be reviewed by the FMLA Coordinator for a determination of eligibility. The FMLA components of the application, if applicable, shall be reviewed and processed in accordance with the rules established by the Office of Human Rights.

1285.5 If the employee cannot provide the required documentary proof prior to the qualifying event, the application may be conditionally approved. In such a case, the necessary documentation must be received by the agency FMLA Coordinator no more than four (4) weeks following the qualifying event.

1285.6 Following a review of the application for paid family leave, the FMLA Coordinator shall approve, conditionally approve, or deny the application. An application may only be denied when the employee fails to provide the required proof (requisite documentation), or is otherwise ineligible.

1285.7 If the application is approved, the employee shall be credited with a family leave balance equal to the time needed for the qualifying event, up to eight (8) workweeks as specified in Subsections 1283.1 and 1283.2.

1285.8 Credited paid family leave may be used in increments for an approved qualifying event, but each increment shall not be less than one (1) day. When used intermittently, the agency may require additional documentation to verify the leave is used for the qualifying event.

1285.9 When paid family leave is used intermittently as provided in this chapter, such usage shall be requested in the same manner as sick leave as provided in Subsection 1242.5 of this chapter.

1285.10 Employees needing intermittent leave for foreseeable medical treatment must work with their employers to schedule leave so as not to unduly disrupt the employer’s operations, subject to the approval of the employee’s health care provider.

1285.11 Leave credited under this section shall expire on the earlier of:

(a) The length of the leave period approved in the application; or

(b) Twelve (12) months following the date of the qualifying event.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1285

6-B DCMR § 1286 GOVERNMENT FAMILY LEAVE PROGRAM – PROTECTIONS AND LIMITATIONS

1286.1 An employee who seeks or exercises his or her right to paid family leave shall enjoy the same employment and benefits protections afforded under DCFMLA (D.C. Official Code §§ 32-501 et seq.) and federal FMLA (29 U.S.C. §§ 2601 et seq.).

1286.2 An employee’s use of paid family leave shall count against the sixteen (16) workweeks of family leave under Section 3 of the DCFMLA (D.C. Official Code 32-502) and, against the twelve (12) workweeks under the federal FMLA.

1286.3 An employee approved for paid family leave shall:

(a) Retain his or her employment, seniority, and group health plan coverage while on paid family leave; and

(b) Be returned to the same position that he or she held prior to commencing paid family leave, or to a substantially similar position, upon returning to work.

1286.4 An employee shall accrue annual and sick leave while on paid family leave.

1286.5 Paid family leave shall only be used for the purposes outlined in Sections 1283 and 1284 and only for the qualifying event for which approved.

1286.6 An employee may not expand his or her DCFMLA protections beyond sixteen (16) weeks by applying for paid family leave for the same qualifying event in which the DCFMLA was previously approved.

1286.7 An employee on paid family leave may not engage in outside employment if that employment would conflict with the employee’s typical tour of duty with the District of Columbia government.

1286.8 An employee on paid family leave must provide care to the child or family member for whom the leave was approved on each day for which paid family leave is used. An employee shall not receive paid family leave when the qualifying child or family member is entrusted to the care of another individual (such as an aunt, uncle, sibling, etc.), other than a medical professional, for four (4) or more hours during the employee’s typical tour of duty.

1286.9 A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave.

1286.10 The maximum amount of time a probationary period can be extended, as provided in Subsection 1286.9 of this section, is eight (8) workweeks.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1286

6-B DCMR § 1287 GOVERNMENT FAMILY LEAVE PROGRAM – PREMIUM PAY

1287.1 A District government employee who qualifies for and has been approved for paid family leave shall not be entitled to receive premium pay, as provided in Chapter 11 of the regulations, during hours that an employee receives paid family leave.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1287

6-B DCMR § 1288 GOVERNMENT FAMILY LEAVE PROGRAM – MISUSE OF PAID FAMILY LEAVE

1288.1 When an agency head (or his or her designee) has determined that an employee has used paid family leave for a purpose other than that specified in supporting documentation submitted by the employee, or as provided in this chapter, the application shall be void and the action considered fraud against the District government, and the employee may be subject to disciplinary action in accordance with Chapter 16.

1288.2 Upon determination that fraud has been committed as provided in Subsection 1288.1, the inappropriate usage of paid family leave shall be counted as a debt to the District government as provided in Chapter 29.

History

• SOURCE: Final Rulemaking published at 63 DCR 7646 (May 20, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1288

6-B DCMR § 1299 DEFINITIONS

1299.1 When used in this chapter, the following terms have the meaning ascribed:

Absence without leave - an unauthorized and unapproved absence from duty; also referred to as “AWOL.”

Accrued leave - the leave earned by an employee during the current leave year that is unused at any given time in that leave year.

Accumulated leave - the unused leave remaining to the credit of an employee at the beginning of the leave year.

Administrative leave - an excused absence from duty without loss of pay and without charge to annual leave, sick leave, or compensatory time.

Administrative workweek - a period of seven (7) consecutive calendar days, Sunday through Saturday.

Agency - has the meaning set forth in D.C. Official Code § 1-603.01(1).

Alternative work schedules - means both flexible work schedules and compressed work schedules.

Annual leave - leave earned by an employee to be used for absence from duty, without loss of pay, primarily for a vacation or time off for personal or emergency purposes.

Annual leave bank - a fund of accumulated annual leave donated by employees of a personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency.

Basic workweek - the days and hours within an administrative workweek that make up the employee’s scheduled tour of duty.

Biweekly pay period - two (2) designated consecutive administrative workweeks as established by the pay authority.

Biweekly rate of basic pay - the biweekly rate of pay fixed by appropriate authority, before deductions and exclusive of any premium pay, authorized for the grade of the position held by the employee.

Child - a person twenty-one (21) years of age, and also persons who, though twenty-one (21) years of age or older, are substantially dependent upon the eligible employee by reason of physical or mental disability, and persons up to twenty-three (23) years of age and a full-time student at an accredited college or university.

Communicable disease - a disease that is ruled as subject to quarantine, requires isolation of the patient, or requires restriction of movement by the patient for a specified period as prescribed by the health authorities having jurisdiction.

Compressed work schedule - in the case of a full-time employee, an eighty-hour (80-hour) biweekly basic work requirement that is scheduled for less than ten (10) workdays; in the case of a part-time employee, a biweekly basic work requirement of less than eighty (80) hours that is scheduled for less than ten (10) workdays and which may require the employee to work more than eight (8) hours in a day (D.C. Official Code § 1-510 (b)) (2006).

Core hours - the time periods during the workday, workweek, or pay period that are within the tour of duty during which an employee under a flexible work schedule is required to be present for work.

Days – unless specifically provided otherwise, calendar days for periods of more than ten (10) days and business days for periods of ten (10) days or less.

District of Columbia Family and Medical Leave Act (DCFMLA) – refers to the District of Columbia Family and Medical Leave Act of 1990 (Act), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code §§ 32-501, et seq.)

Employee - has the meaning provided in D.C. Official Code § 1-603.01(7), except that it shall mean only an employee who accrues annual leave as provided in D.C. Official Code § 1-612.03.

Excused absence - an absence from duty administratively authorized and approved without loss of pay and without charge to leave.

Family member - the spouse (including the person identified by an employee as his or her “domestic partner” as defined in D.C. Official Code § 32-701 (2006) and parents thereof, children (including foster children) and spouses thereof, parents, brothers and sisters and spouses thereof, and any individual related by blood.

Flexible work schedule - in the case of a full time employee, a work schedule that has an eighty-hour (80-hour) biweekly basic work requirement that allows an employee to determine his or her own schedule within the designated hours (core hours) set by the employing agency; in the case of a part-time employee, a work schedule that has a biweekly basic work requirement of less than eighty (80) hours which allows an employee to determine his or her own schedule within the designated hours set by the employing agency.

FLSA compensatory time - time off in lieu of overtime pay for overtime work performed, earned and accrued under the conditions set forth in Chapter 11 of these regulations.

Full-time employee – earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a non-pay status.

Hourly rate of basic pay -

(a) For employees paid on an annual basis, the employee's scheduled rate of pay divided by two thousand eighty (2080) hours; except that for uniformed members of the Fire Fighting Division of the Fire and Emergency Medical Services Department, the employee’s scheduled rate of pay divided by the number of work hours contained in the work year; and

(b) For employees paid on an hourly basis, the hourly rate of pay contained on the salary schedule.

Immediate relative – an individual who is related to an employee covered by this chapter by blood, marriage, adoption, or domestic partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle, grandparent, grandchild, or similar familiar relationship; an individual for whom an employee covered by this chapter is the legal guardian; or fiancé, fiancée, or domestic partner of an employee covered by this chapter.

Judicial or administrative proceeding – any administrative, civil or criminal action, suit, or other proceeding of a judicial nature, whether at law or in equity, before an administrative law judge, hearing examiner (or its equivalent) or judge. Proceedings of a judicial nature include, but are not limited to hearings, grand jury proceedings, and conferences conducted by a prosecuting attorney for the purpose of determining whether an information or charge should be made in a particular case.

Leave bank member - an employee who donates at least four (4) hours of annual leave in a leave year to the annual leave bank established by his or her personnel authority.

Leave donor - an employee who donates annual leave to the annual leave bank established by his or her personnel authority.

Leave recipient - a leave bank member whose personnel authority has approved the member’s application to receive annual leave from the annual leave bank.

Leave restriction - a limitation on an employee’s ability to use annual or sick leave as a result of engaging in a pattern or practice of abuse of leave.

Leave to which otherwise entitled - accumulated and accrued annual leave, sick leave, and compensatory time.

Leave without pay - a temporary nonpay status and absence from duty granted at the employee’s request or as otherwise authorized by regulations; also referred to as “LWOP.”

Leave year - the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately preceding the first day of the first complete pay period in the following calendar year.

Medical certificate - a written statement signed by a registered practicing physician or other practitioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment.

Medical condition - a health impairment that results from injury or disease, including psychiatric disease, or any other physical or mental impairment that may affect an individual’s capacity to safely and satisfactorily perform his or her assigned duties.

Medical emergency - a medical condition of an employee or a member of an employee’s family that is likely to require the employee’s absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

Official duty station - the place at which the employee is required to perform duties.

Personal emergency – an urgent circumstance, outside of the employee’s control, which prevents an employee from reporting to work. A personal emergency may include, but is not limited to, a personal illness, illness of an immediate family member, and a household emergency. In this context, personal emergencies are temporary in nature. Should an employee require extended time away from work, he or she should consult with his or her agency to receive information on the potential eligibility for federal FMLA or D.C. FMLA.

Personnel authority - an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.

Prolonged period of time - at least ten (10) consecutive workdays.

Relative – with respect to an employee, an individual who is related to the employee as a father, mother, son, daughter, brother, sister, uncle, aunt, grandfather, grandmother, grandson, granddaughter, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Scheduled tour of duty - the period within an administrative workweek, within which employees are required to be on duty regularly.

Sick leave - leave with pay earned by an employee to be used while receiving medical, dental, or optical examination or treatment; while incapacitated for the performance of duties by sickness, injury, or pregnancy or childbirth; while required to give care or attendance to a family member who is afflicted with a contagious disease; or when the employee’s presence at his or her official duty station would jeopardize the health of others because of exposure to a contagious disease.

Situational telework – a temporary arrangement approved, in writing, in advance, in which the employee is authorized to telework for, but not limited to, the completion of a project or report, due to an injury or illness which prevents the employee from physically reporting to his or her official worksite, or due to a home repair emergency.

Standby time - period(s) in which an employee is officially ordered to remain at or within the confines of his or her official duty station, not performing actual work but holding himself or herself in readiness to perform actual work when the need arises or when called.

Substantial loss of income - pay which is more than fifty percent (50%) of the employee’s biweekly rate of basic pay.

Substantially similar position – employees in an agency with the same grade, location, tour of duty, and with like duties and responsibilities.

Telework – an arrangement in which an employee regularly, or during a declared emergency, performs officially assigned duties at his or her home, and which is approved, in advance and in writing, by the employee’s immediate supervisor and agency head.

Uniformed member – for purposes of this chapter, the term uniformed member refers to a sworn employee of the Metropolitan Police Department or an employee who is a firefighter, emergency medical technician, or paramedic with the Fire and Emergency Medical Services Department.

Unscheduled leave – any leave approved (granted) by an employee’s immediate supervisor when the request for such leave occurred less than twenty-four (24) hours before the leave period is scheduled to begin.

Unscheduled telework – an employee who is on an approved telework agreement may telework without obtaining advance approval when a declared emergency is in effect on a day or during a period during which the employee was not previously scheduled to telework.

When Actually Employed (WAE) Appointment – an appointment under which an employee serves on an intermittent basis, that is, nonfull-time without a prescheduled regular tour of duty. A person serving on a WAE appointment provides occasional or irregular services on programs or projects requiring intermittent support. This type of appointment is also referred to as an “intermittent appointment.”

History

• SOURCE: Final Rulemaking published at 49 DCR 9056 (October 4, 2002); as amended by Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 55 DCR 12489 (December 12, 2008); as amended by Final Rulemaking published at 59 DCR 2690, 2709 (April 6, 2012); as amended by the Funeral and Memorial Service Leave Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-83; 61 DCR 176 (January 10, 2014)); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017); as amended by Final Rulemaking published at 68 DCR 3287 (March 26, 2021); as amended by Final Rulemaking published at 69 DCR 001527 (February 25, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1299

6-B13 EMPLOYEE DEVELOPMENT

6-B DCMR § 1300 APPLICABILITY

1300.1 Pursuant to § 1301 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3 1979 (D.C. Law 2-139; D.C. Official Code § 1-613.01) (2001), the provisions of this chapter are applicable to each employee of the District government, except:

(a) Employees appointed to the Educational Service under the authority of § 801-A of the CMPA (D.C. Official Code § 1-608.01a) (2001); and

(b) Employees of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1301 GENERAL PROVISIONS

1301.1 The Mayor shall implement and maintain programs for the training and development of employees. This shall be conducted through planned courses, programs, systems or other instruction or education in fields that are or will be related to the performance of official duties for the District government. This system of training shall be created to ensure that the principles of efficiency, economy, and equitable treatment for all employees are carried out for the successful operation of the District government.

1301.2 The training and development shall be conducted to increase the knowledge, proficiency, ability, skill, and qualifications of the employees in the performance of their duties.

1301.3 A District government employee shall not suffer a loss in pay, tenure, or any other rights and benefits because he or she participated in any training or career development program when the participation has been approved or authorized by the District government.

1301.4 The provisions of any training program negotiated between the District government and a labor organization shall take precedence over the provisions of this chapter for employees in a bargaining unit represented by a labor organization, to the extent that there is a difference.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1302 ANNUAL EMPLOYEE DEVELOPMENT PLANS

1302.1 The head of each agency (or his or her designee) shall prepare an annual employee development plan for the agency. The annual employee development plan shall identify:

(a) Subject matter areas where training is needed;

(b) The category and number of employees requiring training;

(c) Sources of funding; and

(d) The cost for training.

1302.2 The annual employee development plan should also evaluate the impact and success of prior training and employee development activities.

1302.3 The Council of the District of Columbia may review and inspect all plans developed in accordance with this section.

1302.4 Annually, agencies shall review training needs and identify the following:

(a) Training programs that bring about more effective performance at the least possible cost;

(b) Individual employee training needs as related to the program objectives of the agency; and

(c) Short-and long-term program needs by occupation, organization, or other appropriate groups.

1302.5 Each personnel authority shall conduct reviews utilizing appropriate review processes that satisfy or meet agency needs.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1303 INDIVIDUAL DEVELOPMENT PLANS

1303.1 As provided in Chapter 14 of these regulations for employees covered under the Performance Management Program (PMP), each supervisor, in collaboration with his or her employees covered under the PMP, shall prepare every year an Individual Development Plan for each covered employee. The Individual Development Plan shall be a part of the annual Performance Plan and shall identify areas for growth and development.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1304 MANDATORY CONTINUING EDUCATION AND TRAINING

1304.1 Pursuant to § 955 of the CMPA (D.C. Official Code § 609.55) (2001), each employee appointed to the Management Supervisory Service shall be required to maintain and enhance his or her management and supervisory skills and to attend requisite training courses every year as prescribed by the personnel authority. Failure to complete the prescribed education and training within the specified time frames may result in administrative action against the employee.

1304.2 Pursuant to § 857 of the CMPA (D.C. Official Code § 1-608.57) (2001), the Corporation Counsel shall establish:

(a) An annual mandatory program of continuing legal education for Legal Service attorneys employed in the Office of the Corporation Counsel and other agencies under the personnel authority of the Mayor; and

(b) An annual mandatory program of in-house or other training to maintain and enhance the management supervisory skills of Legal Service supervisory attorneys employed in the Office of the Corporation Counsel and other agencies under the personnel authority of the Mayor who supervise one (1) or more attorneys as part of their normal duties.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1305 ESTABLISHING TRAINING PROGRAMS

1305.1 Each personnel authority shall develop a policy that governs training needs of employees subject to this chapter. The policy shall be set forth in writing and shall include a broad statement of purposes for which training will be given and of the assignment of responsibilities for ensuring that these purposes are attained.

1305.2 Each personnel authority shall take appropriate administrative action to assure that:

(a) Training plans and programs are developed to meet the short- and long-term training needs of agencies;

(b) Priorities are established to implement the training programs of the District government;

(c) Provisions are made for the use of funds and personnel in accordance with established priorities for training programs by agencies;

(d) Employee self-development is encouraged by making available, where applicable, reasonable self-study materials promoting and recognizing self-directed improvement in performance; and

(e) Information on the general conduct of District government training programs is accessible and available to agency heads.

1305.3 Training programs established by personnel authorities under this chapter shall, to the extent feasible:

(a) Meet as many of the agencies' short- and long-term needs as possible;

(b) Permit work-assignment flexibility to promote employee growth to increase efficiency in the quality and quantity of work; and

(c) Be fully integrated with other personnel management and operating activities.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1306 SELECTION AND ASSIGNMENT FOR TRAINING

1306.1 Each personnel authority shall ensure that every District government employee is treated fairly in the selection and assignment of training.

1306.2 In accordance with the D.C. Human Rights Act of 1977, effective December 13, 1977 (D.C. Official Code § 2-1401.01 et seq.) (2001) (Act), the District government shall not discriminate on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination that is also prohibited by the Act.

1306.3 The personnel authority shall ensure that the selection of employees for training is made in a non-discriminatory manner and is not based on factors unrelated to the need for training.

1306.4 Each personnel authority may consider an employee's complete training and self-development activities in initiating a personnel or position change.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1307 EVALUATION OF TRAINING PROGRAMS

1307.1 For agencies under the personnel authority of the Mayor, the D.C. Office of Personnel, Center for Workforce Development, shall be responsible for evaluating the results and effects of training under this chapter.

1307.2 For other agencies subject to this chapter, the appropriate personnel authority may evaluate the results and effects of training under this chapter, and shall submit to the Director of the Center for Workforce Development, upon request, the result of such evaluation.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1308 TRAINING THROUGH NON-DISTRICT GOVERNMENT FACILITIES

1308.1 The personnel authority may make arrangements for employee development and training with colleges, universities, other institutions of higher education, or private sector organizations, as appropriate.

1308.2 Authorization of proposed training in a non-District government facility pursuant to § 1308.1 shall be based on a determination that the facility is capable of providing the required training effectively and in a timely fashion, and that equivalent training is not available from District-government sponsored programs.

1308.3 Training shall not be allowed in or by any facility that discriminates on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, place of residence or business, or other factors unrelated to the need for training.

1308.4 Pursuant to this chapter, each personnel authority may establish appropriate limitations on the amount of on-duty time an employee may be granted for training.

1308.5 The personnel authority shall execute a written training agreement with each non-District government entity or facility selected for employee development activities under this chapter. The following information shall be included in written training agreements for employee development activities conducted by, in, or through non District government facilities:

(a) That all training materials, audio-visual aids, books, and publications developed as a direct result of the contract shall become the property of the District government;

(b) That all supplies, materials, equipment, and other property purchased and billed to the District government by the contractor shall become the property of the District government upon the conclusion of the contract; and

(c) That the contractor shall be paid only upon submission of the required deliverable and an itemized invoice signed by the contractor listing all costs and charges, and the period of services.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1309 DETERMINING TIME IN TRAINING

1309.1 Except as provided in § 1309.2, an employee assigned to full-time training shall be counted as being in training the same number of hours as in a pay status during the training assignment, up to a maximum of eight (8) hours a day or forty (40) hours a week.

1309.2 Firefighters in the Fire and Emergency Medical Services Department assigned to full-time training shall be counted as being in training the same number of hours as in a pay status during the training assignment on the basis of an average workweek of forty-eight (48) hours.

1309.3 An employee assigned to training on less than a full-time basis shall be counted as being in training the same number of hours spent in instruction and necessary travel.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1310 AGREEMENT TO CONTINUE IN SERVICE

1310.1 An employee selected for training in a non-District government facility shall agree in writing to:

(a) Continue in the service of the District government after the end of the training for a period of time at least equal to the length of the training period, unless the employee is involuntarily separated; and

(b) Pay to the District government the amount of all expenses incurred in connection with the training, other than his or her salary, if the employee voluntarily leaves District government service before the end of the period for which he or she had agreed to serve.

1310.2 The agreement shall also outline the procedure to recover payments of expenses incurred in such training.

1310.3 In determining the required service covered in the agreement, the employee shall be given credit for service performed beginning on the first workday after the end of the training.

1310.4 An employee who enters into an agreement pursuant to § 1310.1 shall give his or her employing agency a minimum notice of ten (10) workdays prior to the employee separating from District government service.

1310.5 A written agreement pursuant to § 1310.1 shall not be necessary in the following situations:

(a) When an employee is selected for training provided by a manufacturer as a part of the normal service contract as a result of purchase or lease or demonstration of a product under a procurement contract;

(b) When an employee is selected for training that does not exceed eighty (80) hours of duty time within a single training program;

(c) When an employee is selected for training that is given through an independent study course; or

(d) When the cost of training an employee is below two thousand five-hundred dollars ($2,500).

1310.6 The District government may recover the incurred training expenses as provided in Chapter 29 of these regulations. Each personnel authority may waive the training expenses, in whole or in part, if recovery would be against equity, good conscience, or against the public interest.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1311 PAYMENT OF TRAINING EXPENSES

1311.1 Pursuant to § 1301(c)(2) of the CMPA (D.C. Official Code § 1-613.01(c)(2)) (2001), each personnel authority shall determine full training costs, including, but not limited to: cost to the District government for employee travel, subsistence, transportation, tuition, fees, books and related materials, and membership fees, to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent for the training.

1311.2 Full training costs pursuant to § 1311.1 shall not include compensation paid to an employee while in training status.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1312 FAILURE TO COMPLETE TRAINING

1312.1 Each personnel authority shall establish procedures to protect the District government's interests when employees fail to complete training for which an agency pays the expenses.

1312.2 Such procedures shall include the requirement that the expenses incurred by the District be repaid by the employee when it is determined that the employee unjustifiably failed to complete the training.

1312.3 The personnel authority, upon written determination of undue hardship, may waive the repayment requirement.

1312.4 As applicable, the Center for Workforce Development shall charge the cost of the training to the employing agency's budget when an employee of the agency fails to properly withdraw from a registered class.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1313 RECORDS OF TRAINING

1313.1 To provide a reasonable basis for the evaluation of training, each personnel authority shall establish procedures for the reporting of completed training.

1313.2 Each agency shall maintain records of payments made for travel, tuition and fees, and other necessary expenses relating to the training, as may be determined by the personnel authority.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1314 ACCEPTANCE OF CONTRIBUTIONS, AWARDS, AND PAYMENTS FROM NON-DISTRICT GOVERNMENT ORGANIZATIONS

1314.1 The personnel authority shall establish procedures concerning the acceptance of contributions, awards, and payments in connection with any training provided by non- District government organizations.

1314.2 Except as provided in § 1314.3, District government employees may accept contributions, awards, and payments made directly to them, or on their behalf, by non- District government organizations in connection with training that the employees receive in non-District government facilities.

1314.3 Any contribution, award or payment made by a non-District organization to a District government employee, in whole or in part, as a result of the training while in a pay status or at such other times when the District government agency paid the expenses of the training, in whole or in part, shall be returned to the District government.

1314.4 When funding sources other than agency appropriations are used, in whole or in part, the following conditions shall be met:

(a) The training shall be identified, itemized and included in the agency's Annual Employee Development Plan;

(b) The training shall be subject to approval by the personnel authority prior to obligations being made; and

(c) The personnel authority may prescribe additional administrative restrictions in the use of grant funds, scholarships, contributions, awards, and other sources of training.

1314.5 Notwithstanding any other provisions in this chapter, an employee may accept a contribution, award, or payment when, in the judgment of the agency head (or his or her designee):

(a) The contribution, award, or payment is not a reward for services to the organization prior to the training; and

(b) Acceptance of the contribution, award, or payment:

(1) Would not reflect unfavorably on the ability of the employee to perform his or her official duties in a fair and objective manner;

(2) Would not compromise the honesty or integrity of District government programs or District government employees and their official actions or decisions;

(3) Would otherwise be proper and ethical for the employee concerned under the circumstances in a particular case; and

(4) Would not have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective decision of the employee.

1314.6 An employee may accept a contribution, award or payment (whether made in cash or in kind) that falls within the scope of this chapter only with specific written authorization.

1314.7 The following records shall be maintained in connection with the acceptance of a contribution, award, or payment:

(a) The name of the recipient;

(b) The name of the organization;

(c) The amount and nature of the contribution, award, or payment and the purpose for which it is to be used; and

(d) A copy of the written authorization.

1314.8 Notwithstanding any provision in this section, the provisions of Chapter 18 of these regulations shall take precedence, to the extent that there is a difference.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1315 ATTENDANCE AT MEETINGS AND CONFERENCES

1315.1 Funds made available to an employee by an agency for travel and other expenses relating to attendance at meetings or conferences shall be limited to such meetings or conferences which are concerned with the functions or activities to which the funds are allocated, or which will contribute to improved conduct, supervision, or management of the functions or activities of the employee or the agency, as applicable.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1316 TRAINING AND THE PAYMENT OF PREMIUM PAY

1316.1 Each agency shall schedule employee training so as to avoid, whenever possible, periods when overtime or premium pay, or both, would otherwise be payable.

1316.2 Pursuant to § 1301(c)(2) of the CMPA (D.C. Official Code §1-613.01(c)(2)) (2001), an employee assigned for training under this chapter shall not be paid overtime, holiday, night differential or Sunday premium pay.

1316.3 The Mayor (or his or her designee) may waive the prohibition on the payment of premium pay specified in § 1316.2 upon determining that such a payment would be in the interests of equity and good conscience or in the public interest.

1316.4 Notwithstanding the provisions of § 1316.2, a District government employee may be paid the applicable premium pay under any of the following circumstances:

(a) If an employee, other than one assigned to full-time training at an institution of higher learning, is given training during a period of duty for which he or she is already receiving premium pay;

(b) If an employee is given training at night because the work situation he or she must learn to handle occurs only at night;

(c) If an employee is given training during hours in which he or she would be entitled to receive overtime, on a holiday, or on a Sunday, because the costs of such training, overtime or premium pay included, are less than the costs of the same training during regular work hours; or

(d) If the training is approved by the appropriate personnel authority upon a written request from the agency head (or his or her designee) giving the facts and circumstances of the matter and recommending a specific course of action.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1317 TRAINING LIAISON COORDINATORS

1317.1 The Director of the Center for Workforce Development or the independent personnel authority, as applicable, shall establish a training liaison coordination network consisting of designated representatives from each agency to assist management in the coordination of employee development efforts.

1317.2 Each agency head shall designate representatives to carry out the training liaison coordination functions for the agency.

1317.3 The Director of the Center for Workforce Development shall take necessary administrative action to ensure that current information on employee development activities is available for employees through the training liaison coordination network.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B DCMR § 1399 DEFINITIONS

1399.1 When used in this chapter, the following terms have the meaning ascribed:

Agency - any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term "agency" shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.

Personnel Authority - an individual or entity with the authority to administer all or part of a personnel management program as provided in § 406 of the CMPA (D.C. Official Code § 1-604.06) (2001).

Training - the process of installing and maintaining systematic programs for the purposes of developing and enhancing employees' performance through planned courses, systems, or other related and relevant courses; and to improve employees' knowledge, ability, skill, proficiency and overall efficient performance of their official duties.

History

• SOURCE: Notice of Final Rulemaking published at 51 DCR 89 (January 2, 2004).

6-B14 PERFORMANCE MANAGEMENT

6-B DCMR § 1400 APPLICABILITY

1400.1 The provisions of this chapter apply to the following:

Employees in the Career Service under the authority of Section 801 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01);

Employees in the Educational Service in the Office of the State Superintendent of Education under the authority of Section 801a of the CMPA (D.C. Official Code § 1-608.01a);

Uniformed members of the Metropolitan Police Department at the ranks of Lieutenant, Captain, Inspector, Commander, and Assistant Chief; and uniformed members of the Fire and Emergency Medical Services Department in the positions of Deputy Fire Chief, Battalion Fire Chief, Assistant Fire Chief (Operations), and Assistant Fire Chief (Services);

Employees in the Excepted Service appointed under the authority of Section 903 of the CMPA (D.C. Official Code § 1-609.03);

Employees in the Excepted Service appointed as Capital City Fellows, as specified in Section 1419; and

Employees in the Management Supervisory Service appointed under the authority of Sections 951 through 958 of the CMPA (D.C. Official Code §§ 1-609.51 through 1-609.58), except for the provisions of Section 1414.

1400.2 Performance provisions contained in Chapter 36 apply to employees in the Legal Service appointed under the authority of Sections 851 through 862 of the CMPA (D.C. Official Code §§ 1-608.51 through 1-608.62). Performance Plans for supervisors and non-supervisory attorneys, as described in Sections 3606 and 3607 of Chapter 36 of these regulations, shall be prepared in accordance with Sections 1406, 1407, 1408, and 1409 of this chapter.

History

• SOURCE: Final Rulemaking published at 28 DCR 4961 (November 20, 1981); as amended by Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 49 DCR 1862 (March 1, 2002); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); as amended by Final Rulemaking published at 59 DCR 8396 (July 13, 2012); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1400

6-B DCMR § 1401 EXCLUSIONS

1401.1 The provisions of this chapter shall not apply to the following employees:

Uniformed members of the MPD at the ranks of Officer, Master Patrol Officer, Detective, Investigator, and Sergeant, who shall continue to be covered under the performance evaluation system in effect as of the effective date of these regulations;

Uniformed members of the FEMSD in positions other than those listed in Subsection 1400.1(c);

Intermittent appointments in the Career Service, also known as “When-Actually-Employed” (WAE) appointments, under the authority of Section 801 of the CMPA (D.C. Official Code § 1-608.01) and Chapter 8 of Title 6-B of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 28 DCR 4961 (November 20, 1981); as amended by Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1401

6-B DCMR § 1402 PURPOSE

1402.1 The purpose of this chapter is to set forth the rules for the District government’s performance management program.

1402.2 Performance management integrates the processes District government agencies use to do all of the following:

(a) Communicate and clarify organizational and individual work goals to all employees;

(b) Identify individual and, where applicable, team responsibilities and accountability for accomplishing work unit, agency, and organizational goals;

(c) Identify and address developmental needs for individuals and, where applicable, teams;

(d) Provide feedback to employees about performance expectations and work accountability;

(e) Assess and improve individual, team, and organizational performance;

(f) Use appropriate measures of performance as the basis for recognizing and rewarding accomplishments; and

(g) Use the results of the annual performance evaluation as a basis for appropriate human resources’ actions, including training, promotion, demotion, administrative action, or other types of human resources’ actions.

1402.3 The performance management program implemented by this chapter shall accomplish all of the following:

(a) Create and set forth work expectations in relation to the strategic goals of a work unit, an agency and, where applicable, the District government as a whole;

(b) Hold supervisors and employees accountable for performance, which shall include a direct relationship between the performance evaluation received pursuant to this chapter and the receipt of any periodic salary increases (including salary increases on both step and merit-based salary plans);

(c) Objectively evaluate employees’ work performance based on criteria that have been made known to the employees prior to the performance evaluation;

(d) Improve employee performance through developmental plan and continuous employee skill development;

(e) Recognize employees’ accomplishments and identify employees’ deficiencies so that appropriate rewards or assistance can be provided; and

(f) Tie employee performance to work unit, agency, and where applicable, District government-wide outcomes.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1403 PERFORMANCE MANAGEMENT PERIOD

1403.1 Except as provided in section 1417 of this chapter, the performance management period for all covered employees shall be from the beginning of each fiscal year (October 1st) to the end of the fiscal year (September 30th).

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1404 PERFORMANCE RATINGS

1404.1 An overall performance rating shall be a culmination of the ratings assigned to each performance expectation. The overall performance rating indicates the level of an employee’s actual performance of assigned competencies and S.M.A.R.T Goals during the performance management period.

1404.2 The overall performance rating shall be derived from the score on competencies for fifty percent (50%); and S.M.A.R.T Goals for fifty percent (50%).

1404.3 The rating levels for the performance management program shall be as follows:

(a) Level 5, Role Model - Performance serves as a benchmark for other employees in the workplace. Regarded by colleagues as a person with great depth and breadth of knowledge in area of expertise, ideas and is willing to share it with others. Contributions, initiatives, and productivity reflect the highest degree of performance.

(b) Level 4, Highly Effective Performer - Performance consistently exceeds expectations in most areas and meets expectations in all other areas. Consistently adds value to the work of the agency. Demonstrates willingness to offer sound recommendations for improvement and is involved in the implementation of them.

(c) Level 3, Valued Performer - Performance expectations consistently meet and may occasionally exceed expectations, and therefore, meets the minimum requirements of the position. Contributions are essential to ensuring that agency goals are met.

(d) Level 2, Marginal Performer- Performance of most expectations needs improvement. Adequate performance of the expectations for the position requires further development of skills. Potential to improve is evident and demonstrates a willingness to improve skills.

(e) Level 1, Inadequate Performer - Performance of expectations is consistently inadequate, and therefore fails to meet the minimum requirements of the position. Potential to improve is not evident.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1405 PERFORMANCE PLANS

1405.1 A Performance Plan shall set forth the performance expectations and development objectives that each covered employee is expected to accomplish during the performance management period.

1405.2 Only the Director, D.C. Department of Human Resources (or designee), or independent personnel authority, as applicable, may approve an agency’s request for an extension of the annual Performance Plan submittal period.

1405.3 Except as otherwise provided in this chapter, each supervisor shall complete a Performance Plan outlining what is expected of each covered employee, as follows:

(a) Within thirty (30) days of the beginning of each performance management period;

(b) Within thirty (30) days of the date an employee is promoted, appointed, transferred, reassigned, or demoted to a new position or a position with significantly different duties and responsibilities;

(c) Within thirty (30) days of the date an employee is officially detailed when the detail is for a period of more than ninety (90) days;

(d) An employee who has been reassigned to a position with different duties and responsibilities within ninety (90) days of the end of the performance management period shall receive a Performance Plan for the following fiscal year within thirty (30) days of commencing the duties of the position to which reassigned; or

(e) An employee who has been promoted or demoted during the ninety (90) days prior to the end of the performance management period shall receive a Performance Plan for the following fiscal year within thirty (30) days of commencing the duties of the new position.

1405.4 A Performance Plan shall include all of the following:

(a) Competencies;

(b) S.M.A.R.T (Specific, Measurable, Attainable, Realistic, Time-Related) Goals;

and

(c) An Individual Development Plan.

1405.5 Modifications to the Performance Plan can only be made up to June 30th (ninety (90) calendar days before the end of the performance management period).

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1406); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1406); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1406); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1406); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1406 COMPETENCIES

1406.1 Competencies are a type of performance expectation that consists of the critical knowledge, abilities, skills, and personal characteristics necessary for satisfactory performance in a particular position. Competencies are linked to the specific duties performed in a particular work unit, but focus strongly on each employee individually.

1406.2 At the beginning of each performance management period, a supervisor or a reviewer, in the absence of the supervisor, shall discuss with the employee how each competency relates to the employee’s job. At the end of the performance management period, the supervisor or a reviewer, in the absence of the supervisor, shall evaluate each competency based on the employee’s performance during the period.

1406.3 There are five (5) core competencies for all employees covered by this chapter:

(a) Accountability;

(b) Communication;

(c) Customer Service;

(d) Goal Attainment; and

(e) Job Knowledge.

1406.4 There are three (3) additional core competencies applicable to supervisors:

(a) Leadership;

(b) Management of Others; and

(c) Operational and Strategic Planning.

1406.5 The supervisor may choose up to three (3) additional competencies, or develop an additional three (3) competencies in collaboration with the employee. The recommended additional competencies include but are not limited to the following:

(a) Flexibility/Adaptability;

(b) Initiative;

(c) Innovation;

(d) Mechanical Ability;

(e) Negotiation;

(f) Problem Solving;

(g) Productivity;

(h) Teamwork;

(i) Technical Ability; and

(j) Use of Technology;

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1407); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1407); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1407 S.M.A.R.T GOALS

1407.1 S.M.A.R.T Goals are a type of performance expectation that consists of goals that are “Specific, Measurable, Attainable, Realistic, and Time-Related.” A Performance Plan shall include at least three (3) and not more than five (5) S.M.A.R.T Goals.

1407.2 The use of S.M.A.R.T Goals may augment the use of performance standards for agencies to document performance objectives for employees. Wherever possible, and as applicable, agencies should incorporate the text normally found in performance standards in the employee’s S.M.A.R.T Goals.

1407.3 S.M.A.R.T Goals set in the Performance Plan shall be weighted, with the sum of all goal weightings equal to one hundred percent (100%).

1407.4 S.M.A.R.T Goals set in the performance plan shall include a timeframe for the accomplishment of each goal.

1407.5 At the beginning of each performance management period, a supervisor or the reviewer, in the absence of the supervisor, shall discuss with the employee how each S.M.A.R.T Goal relates to the employee’s job. At the end of a performance management period, the supervisor or the reviewer, in the absence of the supervisor, shall evaluate each S.M.A.R.T Goal based on the employee’s performance during the period.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1408 INDIVIDUAL DEVELOPMENT PLAN

1408.1 At the beginning of the performance management period, a supervisor, or the reviewer in the absence of the supervisor, shall prepare an Individual Development Plan for an employee, identifying areas for growth and development. The Individual Development Plan shall be prepared in collaboration with the employee. The Individual Performance Plan shall include at least one (1) and no more than three (3) objectives.

1408.2 Each Individual Development Plan is for developmental purposes only, and shall not be part of the evaluation at the end of the performance management period.

1408.3 Each Individual Development Plan may include but is not limited to the following objectives:

(a) Specific objectives designed to improve the knowledge, skills, and abilities of the employee;

(b) Specific objectives for areas of ongoing professional development; or

(c) Objectives that address areas in which the employee received a review of “Marginal Performer” or below during the preceding review year.

1408.4 Each Individual Development Plan shall include a timeframe for the accomplishment of each objective.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1407); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1407); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1409); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1409); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1409 MID-YEAR PROGRESS DISCUSSION

1409.1 Each employee entitled to an annual performance evaluation under section 1411 of this chapter may participate in a mid-year progress discussion no less than three (3) months prior to the end of the performance management period. When used, the mid-year progress discussion is initiated by the employee’s immediate supervisor or the reviewer, in the absence of the immediate supervisor; and serves as a mechanism for providing feedback to an employee and identifying areas that need improvement.

1409.2 The mid-year progress discussion shall be mandatory in the case of probationary employees. The mid-year progress discussion shall not impinge on a recommendation to terminate the probationary employee during his or her probationary period.

1409.3 An annual performance evaluation shall not be based solely on a mid-year progress discussion. An employee’s performance during the entire review period must be used to determine how well the employee performed each performance expectation and the overall performance rating.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1411); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1411); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1410 PERFORMANCE IMPROVEMENT PLAN

1410.1 This section shall not apply to probationary employees in the Career Service.

1410.2 A Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between an employee and his or her immediate supervisor to clarify areas of work performance that must be improved. Once the areas for improvement have been identified, the PIP provides the employee the opportunity to demonstrate improvement in those areas and his or her ability to meet the specified performance expectations.

1410.3 A PIP issued to an employee shall last for a period of thirty (30) to ninety (90) days and must:

(a) Identify the specific performance areas that require improvement; and

(b) Provide concrete, measurable action steps the employee can take to improve in those areas.

1410.4 An employee’s immediate supervisor or, in the absence of the employee’s immediate supervisor, the reviewer, as the term is defined in Section 1499, shall complete a PIP when the employee’s performance has been observed by the immediate supervisor as requiring improvement.

1410.5 Within ten (10) business days after the end of the PIP period, the employee’s immediate supervisor or, in the absence of the employee’s immediate supervisor, the reviewer, shall issue a written decision to the employee as to whether the employee has met or failed to meet the requirements of the PIP.

1410.6 If the employee fails to meet the requirements of the PIP, the written decision shall state the reason(s) the employee was unsuccessful in meeting those requirements and:

Extend the PIP for an additional period, in accordance with Subsection 1410.8; or

(b) Reassign, reduce in grade, or remove the employee.

1410.7 The written decision may serve as a notice of proposed reassignment, reduction in grade, or removal and be provided to the employee when the decision complies with the provisions of Chapter 16. Alternatively, the agency may issue a written decision and subsequently issue a separate notice of proposed reassignment, reduction in grade or removal.

1410.8 If a PIP is extended pursuant to Subsection 1410.6(a), the additional period shall begin on the date provided in the written decision. However, no employee shall be subject to a PIP for more than ninety (90) days inclusive of any extension(s). For the purposes of this subsection, the ninety (90)-day time limit excludes:

The time between the end of a PIP period and the issuance of a written decision to extend that PIP; and

The time period between the issuance of a written decision and the start of an extension of a PIP.

1410.9 Within ten (10) business days after the end of any additional period of time provided to further observe the employee’s performance, the employee’s immediate supervisor or, in the absence of that individual, the reviewer, shall issue a written decision to the employee as to whether the employee has met the requirements of the PIP.

1410.10 If the employee fails to meet the requirements of the PIP after the additional period of time provided, the written decision shall reassign, reduce in grade, or remove the employee.

1410.11 Whenever an immediate supervisor or, in the absence of the immediate supervisor, a reviewer, fails to issue a written decision within the specified time period as provided in Subsections 1410.5 or 1410.9, the employee shall be deemed to have met the requirements of the PIP.

1410.12 Whenever an employee fails to meet the requirements of a PIP and it results in a reassignment, reduction in grade, or termination action as specified in Subsections 1410.6(b) or 1410.10, the action taken against a Career Service employee or an Educational Service employee in the Office of the State Superintendent of Education shall comply with Chapter 16.

1410.13 Any reduction in grade or termination action as specified in Subsection 1410.6(b) taken against a Legal Service employee who is not “at-will” shall be taken pursuant to Chapter 36.

1410.14 The Chief of Police may elect not to use a Performance Improvement Plan for officials above the rank of Captain.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as Section 1411); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as Section 1411); as amended by Final Rulemaking published at 49 DCR 1862 (March 1, 2002) (as Section 1411); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as Section 1414); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as Section 1414); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1410

6-B DCMR § 1411 ELIGIBILITY TO RECEIVE AN ANNUAL PERFORMANCE EVALUATION

1411.1 In order to be eligible to receive an annual performance evaluation, a Performance Plan shall be in place for at least ninety (90) calendar days prior to conducting an annual performance evaluation based on that performance plan at the end of the performance management period.

1411.2 An employee who has been reassigned, promoted or demoted during the ninety (90) days prior to the end of the performance management period shall receive a performance evaluation for that period.

1411.3 The performance evaluation pursuant to sections 1411.2 of this section shall be issued by the employee’s previous supervisor as specified in those sections.

1411.4 An employee who was reinstated or restored to duty during the ninety (90) days prior to the end of the performance management period shall be rated at the end of the next performance management period.

1411.5 An employee who transfers to an agency under the Mayor’s personnel authority from an independent personnel authority, or who is newly appointed during the ninety (90) days prior to the end of the performance management period, shall be rated at the end of the next performance management period.

1411.6 An employee reinstated, restored, newly appointed, or transferred shall automatically be considered as having been assigned a rating of Valued Performer, which shall remain the official rating of record until such time as replaced by another official rating.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1405); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1405); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1405); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1405); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1412 ANNUAL PERFORMANCE EVALUATION

1412.1 An annual Performance Evaluation shall be issued to each eligible employee within three months of the end of the performance management period, the exact date of which will be established by the appropriate personnel authority.

1412.2 The annual Performance Evaluation shall be based on the employee’s Performance Plan for that performance management period.

1412.3 Except as provided in section 1412.5 of this section, each employee entitled to be rated under section 1411 of this chapter shall be rated, based on his or her position of record, by his or her immediate supervisor or the reviewer, in the absence of the supervisor. In the absence of both the immediate supervisor and the reviewer, the agency head shall designate a higher-level official to complete the Performance Evaluation. In the absence of an electronic official performance evaluation, the employee’s performance shall be deemed to be at the “Valued Performer” level.

1412.4 A supervisor leaving his or her position at any time within the last ninety (90) calendar days of the performance management period shall conduct a Performance Evaluation for each employee covered by this chapter prior to his or her departure.

1412.5 An employee serving on detail for more than ninety (90) days at the end of the performance management period shall be rated by the employee’s immediate supervisor of the position to which detailed, with input from the supervisor of the employee’s position of record.

1412.6 An agency may use multi-source feedback as an evaluation tool consistent with procedures and guidelines established by the appropriate personnel authority.

1412.7 In instances where employees perform shift work or have multiple supervisors during the year, input or completion of the employee’s performance evaluation shall be provided by the appropriate supervisor(s).

1412.8 When an employee is evaluated on performance in his or her position of record in accordance with section 1412.3 of this section, appropriate consideration shall be given to work performed outside the position of record.

1412.9 Except when the agency head is the rating official, a Performance Evaluation issued by a rating official shall be subject to the review and approval of a reviewer prior to the supervisor’s year-end discussion with an employee.

1412.10 The annual Performance Evaluation for an employee who is on approved extended leave at the end of the performance management period (during the period in which performance evaluations are finalized) shall be postponed until the employee returns to his or her official position of record.

1412.11 A signature on the annual Performance Evaluation is considered official when submitted electronically using an electronic system used to facilitate the performance planning and evaluation process outlined in this chapter.

1412.12 The personnel authority may approve an agency’s request for an extension of the annual Performance Evaluation submittal period, consistent with 1412.1 of this section.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1409); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1409); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1413 SELF-EVALUATION

1413.1 At his or her discretion, each employee eligible to receive an evaluation may submit a self-evaluation to his or her supervisor as input into the performance evaluation process.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1408); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1408); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1410); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1410); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1414 SALARY INCREASES

1414.1 An annual overall performance rating of Valued Performer or higher shall constitute performance at an acceptable level of competence for purposes of eligibility for a periodic step increase or a merit-based salary increase (for employees paid from open range salary schedules), as applicable, under Chapter 11 of these regulations.

1414.2 Each time an employee fails to receive a rating of Valued Performer or higher shall result in the due date for the next scheduled periodic step increase or merit-based salary increase being delayed for an additional year.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1410); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1410); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1413); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1413); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1415 EMPLOYEE REQUEST FOR REVIEW

1415.1 This section shall not apply to probationary employees in the Career Service.

1415.2 Employees’ requests for review of performance ratings shall be handled at the hiring agency level by the person(s) or entity designated by the agency head to handle such matters. Subordinate agencies must establish an internal Reconsideration and Resolution Committee (RRC) to formally review overall performance ratings of Inadequate Performer (Level 1) and Marginal Performer (Level 2) when an employee requests a review. The RRC shall also conduct a paper review, as defined in Section 1499 of this chapter, of overall ratings of Valued Performer (Level 3), and Highly Effective Performer (Level 4) when an employee requests a review. The paper review excludes the hearing of testimony.

1415.3 The D.C. Department of Human Resources (DCHR) will serve in an impartial advisory capacity in the administration and disposition of performance rating review cases in subordinate agencies.

1415.4 An employee may, within ten (10) business days after participating in a performance rating year-end discussion with his or her immediate supervisor and receipt of an official rating, request a review of the rating by submitting the request for review to the subordinate agency head (or designee).

1415.5 An employee’s request for review of an official annual performance rating shall be in writing, and shall be submitted in accordance with procedures issued by the appropriate personnel authority.

1415.6 Pursuant to D.C. Official Code § 1-606.03 (a), an employee may appeal a final agency decision regarding a performance rating that results in removal of the employee with the Office of Employee Appeals within thirty (30) calendar days.

1415.7 Upon receipt of a request for review, the subordinate agency head (or designee) shall take either of the following actions:

Dismiss the employee’s request for review on technical grounds (e.g., procedural or regulatory violation) and sustain the performance rating; or

(b) Accept the employee’s request for review, and refer the request to the agency’s RRC for review and disposition.

1415.8 Independent personnel authorities may establish a review process for their employees.

1415.9 The provisions of Subsection 1415.6 of this section shall not apply to any performance rating that results in the removal of a Legal Service employee as described in section 1400.2 of this chapter. The right of appeal of such an employee shall be governed by Chapter 36 of these regulations.

1415.10 Rating appeal rights of Metropolitan Police Department employees shall be in accordance with procedures established by the agency.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as Section 1412); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as Section 1412); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1415

6-B DCMR § 1416 PROBATIONARY EMPLOYEES

1416.1 An employee serving a probationary period shall be subject to the performance management program established by this chapter. A Performance Plan shall be provided to each probationary employee, on which the probationer shall be evaluated.

1416.2 An acceptable performance rating during a probationary period in and of itself does not constitute passing of the probationary period or automatic movement to a permanent status.

1416.3 Neither the mid-year progress discussion nor the annual performance evaluation received by the probationary employee is appealable.

History

• SOURCE: Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1413); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1413); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1417 CAPITAL CITY FELLOWS

1417.1 A Performance Plan as described in section 1404 of this chapter shall be completed for each Capital City Fellow, not later than thirty (30) calendar days after the beginning of each six-month (6-month) placement. Each Performance Plan shall outline what is expected from the Capital City Fellow.

1417.2 The goals for each six-month (6-month) placement shall be weighted, with the sum of all goal weightings equal to one hundred percent (100%) for each rating. Goals shall be set as follows:

(a) Twenty five (25%) of the overall goals assigned to program-related activities and participation, to be set by the Director, D.C. Department of Human Resources (or designee); and

(b) Seventy five percent (75%) of the overall goals assigned to on-site performance, to be set by each agency supervisor to whom the Capital City Fellow is assigned.

1417.3 The performance of each Capital City Fellow shall be evaluated at the end of each six-month (6-month) placement as specified in this section, for a total of four (4) individual performance ratings during the two-year (2-year) program.

1417.4 Each Capital City Fellow may, at his or her discretion, submit a self-evaluation as input into the annual performance evaluation process.

1417.5 A rating of Valued Performer or higher shall constitute performance at an acceptable level of competence for purposes of salary adjustment.

1417.6 The provisions in section 1416 of this chapter shall apply to Capital City Fellows.

1417.7 Capital City Fellows’ annual performance evaluations are not appealable.

History

• SOURCE: Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009).

6-B DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following terms shall have the meaning ascribed:

Annual performance evaluation - a process for determining how well an individual employee has performed the performance expectations established in the performance plan for the review period.

Competency - a type of performance expectation that consists of the critical knowledge, abilities, skills and personal characteristics necessary for satisfactory performance. They are linked to the specific duties performed in a particular work unit but focus strongly on the individual employee.

Days – calendar days for all periods of more than ten (10) days; otherwise, business days for periods of ten (10) days or less (unless explicitly stated as calendar days).

Electronic signature - a technologically neutral term indicating various methods of signing an electronic message that: (a) identifies and authenticates a particular person as a source of the electronic message; and (b) indicates such person’s approval of the information contained in the electronic message. Examples of electronic signature include: Personal Information Numbers or “PINs,” user identifications and passwords, digital signatures, and hardware and biometric tokens.

Individual development plan (IDP) - a development tool that identifies training and learning activities that will help an employee enhance the knowledge, skills, and abilities needed to perform work duties and prepare the employee for future career advancement.

Intermittent appointment – temporary appointment under which the employee serves on an intermittent basis that is non-full-time and without a prescheduled regular tour of duty. This type of temporary appointment is also referred to as when-actually-employed (WAE) appointment.

Mid-year progress discussion - a formal meeting between a supervisor and employee to discuss the employee’s performance and development at the midpoint of the review period.

Multi-source feedback - a tool used to assess employee performance that involves several sources (i.e., peers, employees, supervisors, customers) that have reliable information of an employee services or work products. This is commonly known as “360 degree feedback.”

Paper review – a review of relevant performance-related documentation (from employee or manager) by the agency Reconsideration and Resolution Committee (RRC) for the purpose of making a decision to retain or increase an employee’s performance rating. A paper review involves the review and consideration of submitted written documentation but excludes hearing testimony from witnesses.

Performance expectations - S.M.A.R.T. goals and competencies that describe what and how work is to be performed. Performance expectations are established by the supervisor and employee at the beginning of a review period.

Performance improvement plan (PIP) - A performance management tool designed to offer the employee an opportunity to demonstrate improvement in his or her performance.

Performance management - the systematic process by which an agency involves its employees, as individuals and members of a group, to ensure the accomplishment of agency mission and goals.

Performance management period - the length of time covering the performance planning and evaluation process. It goes from the beginning to the end of the fiscal year.

Performance plan - the formalized process of identifying and communicating the organizational, work unit, and individual goals expected of the employee. The Performance Plan consists of the following: Competencies, S.M.A.R.T Goals, and an Individual Development Plan.

Performance rating - the value assigned to each performance expectation and the employee’s overall performance based on a supervisor’s or, in the absence of the supervisor the reviewer’s, assessment of an employee’s performance during the review period.

Probationary employee - a Career Service employee occupying a position subject to the completion of a probationary period, to include employees in term appointments.

Rating official - the final rating authority in the annual performance evaluation process, who is either the employee’s supervisor, or, in the absence of the supervisor the reviewer.

Request for review - the process in which an employee requests a formal review of the overall performance rating received during the review period.

Reviewer - a supervisor, agency head, or agency head designee responsible for reviewing and approving the annual performance evaluation completed by a rating official.

Self-evaluation - the process in which the employee provides a self-assessment of the employee’s performance based on the established performance expectations during the review period.

S.M.A.R.T. goals - a type of performance expectation that consists of goals that are Specific, Measurable, Attainable, Realistic, and Time-Related.

Supervisor - an individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust employee grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. For the purposes of this policy, “supervisor” also means “manager”.

History

• SOURCE: Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1499

6-B16 CORRECTIVE AND ADVERSE ACTIONS; ENFORCED LEAVE; AND GRIEVANCES

6-B DCMR § 1600 APPLICABILITY

1600.1 This chapter establishes a progressive approach for addressing District of Columbia government employee performance and conduct deficits, pursuant to chapter XVI of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code §§ 1-616.51 through 1-616.54) ).

1600.2 The provisions of this chapter apply to all District government employees except the following:

Employees serving in a probationary period;

Employees serving in a temporary appointment in the Career Service;

Employees organized under the Office of the Chief Financial Officer;

Employees of the Board of Trustees of the University of the District of Columbia;

Attorneys in the Legal or Senior Executive Attorney Service;

(f) Employees in the Excepted and Executive Services;

(g) Sworn members of the Metropolitan Police Department; and

(h) Except as provided in § 1600.3, employees in the Management Supervisory Service.

1600.3 The rules established in this chapter shall be relied upon as a guide for Management Supervisory Services (MSS) when a disciplinary action is taken for cause.

(a) For purposes of this chapter, employees in MSS are considered “exempt” employees and §§ 1625.1(a) and (b) do not apply to these employees.

(b) In accordance with D.C. Official Code § 1-609.54(a), MSS positions are at-will appointments. Nothing in this chapter shall be construed as conferring any substantive rights to MSS employees.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951(August 13, 2004); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 59 DCR 8398 (July 13, 2012); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017); as corrected by Errata Notice published at 66 DCR 13372 (October 11, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1600

6-B DCMR § 1601 POLICY

1601.1 The policies outlined in this section apply to employees and their supervisors, personnel authorities and agency heads, and form the basis for the standards governing this chapter.

1601.2 Each supervisor has a duty and responsibility to ensure that employees are aware of the established performance and conduct standards (“standards”) applicable to their role and function and the consequences of not meeting those standards. Whenever such standards are not met, supervisors have an affirmative obligation to provide the employee necessary guidance and training to meet these standards and, when appropriate, to take corrective or adverse action pursuant to this chapter.

1601.3 Each employee has the duty and the responsibility to be aware of and abide by the existing rules and policies. Each employee also has the responsibility to perform his or her duties to the best of his or her ability and to the standards established by management and his or her job description.

1601.4 The District of Columbia takes a positive approach toward employee management to achieve organizational effectiveness by using a progressive system to address performance and conduct issues.

1601.5 The District’s progressive system typically includes the following:

(a) Verbal counseling;

(b) Reprimand;

(c) Corrective action; and

(d) Adverse action.

1601.6 Strict application of the progressive steps in §§ 1601.5 and 1610 may not be appropriate in every situation. Therefore, management retains the right to evaluate each situation on its own merits and may skip any or all of the progressive steps. However, deviation from the progressive disciplinary system is only appropriate when consistent with §§ 1606 and 1607.

1601.7 Each agency head and personnel authority has the obligation to and shall ensure that corrective and adverse actions are only taken when an employee does not meet or violates established performance or conduct standards, consistent with this chapter.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 37 DCR 8297 (December 21, 1990); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 53 DCR 3974 (May 12, 2006); and as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1601

6-B DCMR § 1602 EMPLOYEE RIGHTS

1602.1 Employees enjoy the protections established in this chapter. No employee may be reprimanded, suspended, demoted, placed on enforced leave, or removed without cause, as defined in this chapter.

1602.2 Employees who are subject to a recognized labor agreement shall enjoy the additional benefits of their collective bargaining agreement. Conflicts between such agreements and this chapter shall be resolved as follows:

The provisions of any labor agreement shall be construed as complementary to the provisions of this chapter;

(b) The provisions of any labor agreement shall be construed as to give effect to the provisions of this chapter;

(c) However, where a specific provision of a labor agreement cannot be reconciled with a specific provision of this chapter, the labor agreement shall control with respect to that provision.

1602.3 Corrective and adverse actions taken against employees are subject to the following limitations:

A corrective or adverse action shall be commenced no more than ninety (90) business days after the agency or personnel authority knew or should have known of the performance or conduct supporting the action;

(b) When there is an investigation involving facts or circumstances germane to the performance or conduct supporting a corrective or adverse action, the time limit established in paragraph (a) shall be tolled pending any criminal investigation by the Metropolitan Police Department or any other law enforcement agency with jurisdiction within the United States, the Office of the United States Attorney for the District of Columbia, or the Office of the Attorney General; or, pending any investigation by the Office of the Inspector General, the Office of the District of Columbia Auditor, or the Office of Police Complaints.

(c) Except in matters involving employees of the Metropolitan Police Department and Fire and Emergency Medical Services Department, the time limit imposed in paragraph (a) may be suspended by the personnel authority for good cause and shall be suspended pending any related investigation by the Board of Ethics and Government Accountability.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1602

6-B DCMR § 1603 [RESERVED]

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 37 DCR 8297 (December 21, 1990); as amended by Final Rulemaking published at 46 DCR 7208 (September 10, 1999); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1603

6-B DCMR § 1604 [RESERVED]

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); and as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1604

6-B DCMR § 1605 MISCONDUCT; PERFORMANCE DEFICITS

1605.1 District employees are expected to demonstrate high standards of integrity, both on and off the job, guided by established standards of conduct and other Federal and District laws, rules and regulations. When established standards of conduct are violated or performance measures are not met, or the rules of the workplace are disregarded, corrective action or adverse action is warranted to encourage conformity to acceptable behavioral and performance standards or to protect operational integrity.

1605.2 Taking a corrective or adverse action against an employee is appropriate when the employee fails to or cannot meet identifiable conduct or performance standards, which adversely affects the efficiency or integrity of government service. Before initiating such action, management shall conduct an inquiry into any apparent misconduct or performance deficiency (collecting sufficient information from available sources, including when appropriate the subject employee) to ensure the objective consideration of all relevant facts and aspects of the situation.

1605.3 Whether an employee fails to meet performance standards shall be determined by application of the provisions set forth in Chapter 14.

1605.4 Though not exhaustive, the following classes of conduct and performance deficits constitute cause and warrant corrective or adverse action:

(a) Conduct prejudicial to the District of Columbia government, including:

(1) Conviction of any felony;

(2) Conviction of any criminal offense that is related to the employee’s duties or his or her agency’s mission;

(3) Conduct that an employee should reasonably know is a violation of law or regulation; and

(4) Off-duty conduct that adversely affects the employee’s job performance or trustworthiness, or adversely affects the employing agency’s mission or has an otherwise identifiable nexus to the employee’s position.

(b) False Statements, including:

(1) Deliberate falsification of an application for employment or other personal history record by omission of a material fact or by making a false entry;

(2) Misrepresentation, falsification, or concealment of material facts or records in connection with an official matter;

(3) Knowingly and willfully making an incorrect entry on an official record or approving an incorrect official record; and

(4) Knowingly and willfully reporting false or misleading information or purposely omitting material facts, to any supervisor.

(c) Fiscal irregularities;

(d) Failure or refusal to follow instructions;

(e) Neglect of duty;

(f) Attendance-related offenses, including:

Unexcused tardiness;

Unauthorized absence; and

Falsification of official records concerning attendance (i.e. timesheets, overtime requests, etc.).

Using, being under the influence of, or testing positive for an intoxicant while on duty;

Unlawful possession of a controlled substance or paraphernalia or testing positive for an unlawful controlled substance while on duty;

(i) Safety and health violations;

(j) Discriminatory practices;

(k) Sexual misconduct;

(l) Prohibited personnel practices;

(m) Failure to meet performance standards; and

(n) Inability to carry out assigned responsibilities or duties.

1605.5 An employee of the Department of Corrections, Department of Youth Rehabilitation Services, or the Metropolitan Police Department; an employee authorized to carry a firearm while on-duty; or a commissioned special police officer shall be deemed to have engaged in conduct prejudicial to the District of Columbia if:

(a) The employee engages in any act or omission that constitutes a criminal offense; or

(b) There is any credible evidence that the employee unlawfully used a controlled substance.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1605

6-B DCMR § 1606 ESTABLISHING APPROPRIATE ACTION

1606.1 After establishing a sufficient basis for taking action (i.e., evidence to support the allegation(s); a nexus between the conduct or performance at issue and the employee’s job or the agency’s mission), managers must determine the appropriate action for the employee's conduct or performance deficits.

1606.2 For all corrective and adverse actions, managers shall be prepared to demonstrate that the following factors were considered:

(a) The nature and seriousness of the misconduct or performance deficit, and its relationship to the employee's duties, position, and responsibilities, including whether the offense was intentional, technical or inadvertent; was committed maliciously or for gain; or was frequently repeated;

(b) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;

(c) The employee's past disciplinary record;

(d) The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;

(e) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties;

(f) Consistency of the penalty with those imposed upon other employees for the same or similar offenses;

(g) Consistency of the penalty with the table of illustrative penalties (§ 1607);

(h) The notoriety of the offense or its impact upon the reputation of the agency or the District government;

(i) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;

(j) Potential for the employee's rehabilitation;

Mitigating circumstances surrounding the offense such as unusual job tensions, personal problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and

(l) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

1606.3 All of these factors shall be considered and balanced to arrive at the appropriate remedy. While not all of these factors may be deemed relevant, consideration should be given to each factor based on the circumstances.

1606.4 Except in the case of a reprimand, the analysis of the factors above shall be included in any proposed corrective or adverse action and shall be included in and taken into consideration regarding any final agency decision on corrective or adverse action.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); and as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1606

6-B DCMR § 1607 TABLE OF ILLUSTRATIVE ACTIONS

1607.1 Once it is established that an employee has failed to meet performance or conduct standards, which requires corrective or adverse action, a supervisor or manager must determine the appropriate action based on the circumstances.

1607.2 The illustrative actions in the following table are not exhaustive and shall only be used as a guide to assist managers in determining the appropriate agency action. Balancing the totality of the relevant factors established in § 1606.2 can justify an action that deviates from the penalties outlined in the table.

NATURE OF CIRCUMSTANCES

FIRST OCCURRENCE

SUBSEQUENT OCCURRENCES

(a)

Conduct Prejudicial to the District Government

Conviction of any felony.

Removal

Conviction of any criminal offense that is related to the employee’s duties or his or her agency’s mission.

Removal

Indictment or charge of any felony or a criminal offense that is related to the employee’s duties or his or her agency’s mission.

Enforced leave pending criminal prosecution.

On-duty conduct that an employee should reasonably know is a violation of law or regulation.

Reprimand to Removal

Removal

Off-duty conduct that adversely affects the employee’s job performance or trustworthiness, or adversely affects his or her agency’s mission or has an otherwise identifiable nexus to the employee’s position.

Counseling to

30-day suspension

15-day suspension to Removal

Concealing, removing, mutilating, altering, or destroying government records required to be kept by statute, regulation, Mayor’s Order, document hold or subpoena, or other similar requirements.

Reprimand to Removal

14-Day Suspension to Removal

Malicious or intentional damage to or loss of District owned or leased property.

Suspension to Removal

14-Day Suspension to Removal

Using public office for significant private gain.

Removal

Unethical or improper use of official authority or credentials.

Counseling to Removal

Removal

Unauthorized disclosure or use of (or failure to safeguard) information protected by statute or regulation or other official, sensitive or confidential information.

Counseling to Removal

Removal

Obtaining a direct or indirect financial interest that an employee should reasonably expect to be in conflict or appear to be in conflict with his or her official duties and responsibilities.

Reprimand to Removal

Removal

Use of (or authorizing the use of) District owned or leased property, services or funds for inappropriate or non-official purposes.

Counseling to Removal

Removal

Use of (or authorizing the use of) District owned or leased vehicles such as cars, vans, trucks, buses, aircraft, boats or any other motor vehicle for use other than official purposes.

15-Day Suspension to Removal

Removal

Unauthorized use, removal or possession of an item of value belonging to another.

Counseling to Removal

Removal

Assaulting, fighting, threatening, attempting to inflict or inflicting bodily harm while on District property or while on duty.

14-Day Suspension to Removal

30-Day Suspension to Removal

Use of abusive, offensive, unprofessional, distracting, or otherwise unacceptable language, gestures, or other conduct; quarreling; creating a disturbance or disruption; or inappropriate horseplay.

Counseling to

15-Day Suspension

5-Day Suspension to Removal

Failure to timely and properly pay any debts to the District government.

Reprimand to

14-Day Suspension

1-Day Suspension to Removal

Gambling while on duty or on District government property.

Counseling to Removal

Removal

Participating in a strike, work stoppage, slowdown, sickout or similar activity against the District government.

Removal

(b)

False Statements / Records --

Deliberate falsification of a material item on an application for employment, or other personal history record by omission or by making a false entry.

14-Day Suspension to Removal

Removal

Misrepresentation, falsification or concealment of material facts or records in connection with an official matter, including investigations

Reprimand to Removal

Removal

Knowingly and willfully making an incorrect entry on an official record or approving an incorrect official record.

Counseling to Removal

Removal

Knowingly and willfully reporting false or misleading material information, or purposely omitting material facts, to any superior.

7-Day Suspension to Removal

Removal

(c)

Fiscal Irregularities --

Knowing submission of (or causing or allowing the submission of) falsely stated time logs, leave forms, travel or purchase vouchers, payroll, loan, or other fiscal document(s).

Suspension to Removal

Removal

Unauthorized and/or improper use of property, funds, or any other thing of value coming into an employee's custody as a result of employment.

Counseling to Removal

Removal

Failure to properly account for or make proper distribution of any property, or any other thing of value coming into an employee's custody as a result of employment.

Suspension to Removal

Removal

Concealment of (or failing to report) missing, lost or misappropriate funds, or other fiscal irregularities.

Reprimand to Removal

14-Day Suspension to Removal

(d)

Failure/Refusal to Follow Instructions -

Negligence, including the careless failure to comply with rules, regulations, written procedures, or proper supervisory instructions.

Counseling to

Removal

5-Day Suspension to Removal

Deliberate or malicious refusal to comply with rules, regulations, written procedures or proper supervisory instructions.

3-day Suspension to Removal

14-Day Suspension to Removal

Failure to submit required statement of financial interests and outside employment.

Counseling to

3-Day Suspension

5-Day Suspension to Removal

(e)

Neglect of Duty --

Failing to carry out official duties or responsibilities as would be expected of a reasonable individual in the same position; failure to perform assigned tasks or duties; failure to assist the public; undue delay in completing assigned tasks or duties; careless work habits; conducting personal business while on duty; abandoning an assigned post; sleeping or dozing on-duty, or loafing while on duty.

Counseling to Removal

5-Day Suspension to Removal

(f)

Attendance Related Offenses --

Unexcused tardiness, including delay in:

Reporting at the scheduled starting time;

Returning from lunch or break periods; and

Returning from an authorized absence to a work station.

Counseling to

1-Day Suspension

5-Day Suspension to Removal

Unauthorized absence of one (1) workday or less, including leaving the work station without permission or before the end of the workday.

Counseling to

3-Day Suspension

3-Day Suspension to Removal

Unauthorized absence of one (1) workday or more, but less than five (5) workdays.

Suspension to Removal

14-Day Suspension to Removal

NATURE OF CIRCUMSTANCES

FIRST OCCURRENCE

SUBSEQUENT OCCURRENCES

Unauthorized absence of five (5) workdays or more.

Removal

Removal

(g)

Intoxicants – Alcohol and Spirits

Unauthorized use of intoxicants while on District Government property, including where official duties are performed.

Reprimand to

Removal

30-Day Suspension to Removal

Being under the influence of or testing positive for intoxicants when reporting for duty or anytime while on duty.

Suspension to

Removal

30-Day Suspension to Removal

Operating a government owned or leased vehicle (or a privately owned vehicle while on duty) while under the influence of intoxicants.

Removal

(h)

Controlled Substances/Paraphernalia --

Possession of an illegal drug, drug paraphernalia, or unauthorized controlled substance while on duty, on District government property or District government-controlled property, or on premises where official duties are performed.

5-Day Suspension to Removal

Removal

Use of an illegal drug or unauthorized controlled substance while on duty, on District government property or District government-controlled property, or on premises where official duties are performed.

14-Day Suspension to Removal

Removal

Reporting to or being on duty while under the influence of or testing positive for an illegal drug or unauthorized controlled substance.

Suspension to

Removal

Removal

S

Sale or distribution of an illegal drug or controlled substance.

Removal

NATURE OF CIRCUMSTANCES

FIRST OCCURRENCE

SUBSEQUENT OCCURRENCES

Operating a government owned or leased vehicle (or privately-owned vehicle on official business) while under the influence of an illegal drug.

Removal

Interfering with, or refusing or failing to submit to a properly ordered or authorized drug test, including substituting, adulterating, or otherwise tampering with a urine sample.

Removal

(i)

Safety and Health Violations --

Failure to report an accident and/or injury as required.

Counseling to

Removal

14-Day Suspension to Removal

Failure or refusal to wear/use required protective equipment (e.g. seat belts, earplugs, eye protection, etc.)

Counseling to

14-Day Suspension

14-Day Suspension to Removal

Operating a District owned or leased vehicle (or privately owned vehicle while on official business) without a District or State driver’s license.

Suspension to

Removal

Removal

F

Failure or refusal to observe and/or enforce safety and health regulations or to perform duties in a safe manner.

Reprimand to Removal

5-Day Suspension to Removal

(j)

Discriminatory Practices --

Improperly taking or failing to take an official action based on a classification protected under the D.C. Human Rights Act or the Civil Rights Act of 1964.

Reprimand to Removal

Removal

Any reprisal or retaliation against an individual because of his or her involvement in the EEO complaint process.

10-Day Suspension to Removal

Removal

NATURE OF CIRCUMSTANCES

FIRST OCCURRENCE

SUBSEQUENT OCCURRENCES

Use of remarks or gestures that relate to and insult or denigrate an individual based on any actual or perceived trait or classification protected under the D.C. Human Rights Act or the Civil Rights Act of 1964.

Counseling to

15-Day Suspension

15-Day Suspension to Removal

Ne

Negligent or insensitive conduct with respect to an individual relating to any actual or perceived trait or classification protected under the D.C. Human Rights Act or the Civil Rights Act of 1964.

Counseling to 5-Day Suspension

5-Day Suspension to Removal

Failure of a supervisor to take appropriate action regarding allegations or findings of discriminatory practices.

5-Day Suspension to Removal

Removal

(k)

Sexual Misconduct --

Sexual assault or abuse or attempted sexual assault or abuse.

Removal

Inappropriate and/or unwelcome touching or other physical contact.

14-Day Suspension to Removal

30-Day Suspension to Removal

P

Pressure for (or official action based on) sexual favors, including taking any action for or against an employee whether favorable or unfavorable, because of the granting of a sexual favor or the withholding of a sexual favor.

Removal

Inappropriate or unwelcome teasing, joke, action, or gesture of a sexual nature; display of visual material of a sexual nature; remark of a sexual nature; or any other conduct that contributes to or constitutes sexual harassment or misconduct as set forth in a relevant Mayor’s Order or policy.

Counseling to Removal

14-Day Suspension to Removal

NATURE OF CIRCUMSTANCES

FIRST OCCURRENCE

SUBSEQUENT OCCURRENCES

(l)

Prohibited Personnel Actions --

Abuse of authority or commission of a prohibited personnel action.

Suspension to Removal

Removal

(m)

Performance Deficits --

Failure to meet established performance standards.

Reassignment

Reduced Grade

Removal

(n)

Inability to carry out assigned duties

Any circumstance that prevents an employee from performing the essential functions of his or her position, and for which no reasonable accommodation has been requested or can be made, unless eligible for leave protected under the D.C. Family Medical Leave Act.

Removal

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017); as amended by Final Rulemaking published at 73 DCR 011210 (August 7, 2026). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1607

6-B DCMR § 1608 [RESERVED]

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1608

6-B DCMR § 1609 [RESERVED]

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1609

6-B DCMR § 1610 PROGRESSIVE DISCIPLINE

1610.1 The District strives to employ highly qualified and motivated individuals who successfully perform their job duties, without the need for disciplinary action. To this end, the District uses a progressive disciplinary system when an employee’s conduct fails to meet expectations. The District’s progressive system includes the following steps:

(a) Verbal counseling;

(b) Reprimand;

(c) Corrective action; and

(d) Adverse action.

1610.2 Every situation is different and in each case management must consider a number of factors when determining an appropriate action to take. This includes, among others, consideration of the seriousness of the situation, the employee’s past disciplinary history, and the employee’s work history. When appropriate, and consistent with §§ 1606 and 1607, management may skip any or all of the progressive steps outlined in § 1610.1.

1610.3 When a deciding official deviates from the actions outlined in § 1607, he or she shall provide a written justification specifying the reasons for the deviation in the final agency decision, as provided in § 1623.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1610

6-B DCMR § 1611 VERBAL COUNSELING

1611.1 As an employer, the District and its managerial staff have an obligation to create a fair, supportive, and transparent work environment that lessens the need for disciplinary action.

1611.2 However, when employees engage in misconduct or fail to meet performance standards, steps shall be taken to gather the relevant facts, correctly identify the problem(s), and then decide whether further action is warranted.

1611.3 As a first step within the continuum of progressive discipline, management should attempt to correct misconduct and performance deficits. When appropriate to the circumstances, employees shall first be counseled concerning misconduct. Performance matters shall be progressively addressed as set forth in Chapter 14.

1611.4 When counseling the employee is deemed appropriate to the circumstances the supervisor or manager shall:

Articulate the relevant conduct standard(s);

Explain how the employee has failed to meet those standards;

Explain management’s conduct expectations; and

(d) Explain the potential consequences if those expectations are not met prospectively.

1611.5 Within five (5) days, supervisors shall follow-up verbal counseling with a letter (or e-mail) to the employee. The correspondence shall establish the date, time, and content of all verbal counseling described in this section, and shall restate the information contained in § 1611.4. Supervisors shall retain a copy of the correspondence for a period of no less than two years, but it shall not be made a part of the official personnel file.

1611.6 While verbal counseling is a step within the disciplinary model, it is neither a corrective nor adverse action for purposes of this chapter.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1611

6-B DCMR § 1612 REPRIMANDS

1612.1 When counseling fails to correct conduct or performance issues, or where verbal counseling is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, a more formal response may be required. Within the progressive disciplinary model, this formal response is a reprimand and represents a corrective action.

1612.2 A reprimand is a written document issued by an employee’s supervisor that identifies a specific conduct fault by an employee. At a minimum, a reprimand shall include:

A short narrative concerning the factual circumstances warranting the reprimand;

A description of the conduct standards at issue and how these standards were not met;

A brief narrative on how the employee should conduct himself or herself prospectively to alleviate the conduct fault;

The potential consequences if the conduct requirements are not met;

A notice informing the employee that he or she may submit a written response to the reprimand; and

Notification to the employee of his or her right to grieve the final decision pursuant to Sections 1626 through 1637, or pursuant to an applicable labor agreement.

1612.3 The employee against whom a reprimand is issued shall be asked to acknowledge its receipt in writing. If the employee refuses to acknowledge receipt in writing, a witness to the refusal shall provide a brief written statement that the employee refused to acknowledge receipt in writing, which shall be signed and dated by the witness.

1612.4 When an employee chooses to submit a written response to the reprimand, he or she must do so within ten (10) workdays of receipt of the reprimand. Such a response shall be in writing and submitted to the person issuing the reprimand. An employee’s written response may clarify, expand on, or take exception to the statements or conclusions made in the reprimand. Once submitted, the response shall be maintained and treated as an attachment to the reprimand.

1612.5 The official who issued the reprimand shall consider any written response submitted by the employee. The official may sustain, modify or rescind the reprimand, based on an employee’s response. If the reprimand is modified, the modified reprimand shall be served and the employee given an opportunity to submit a supplemental response consistent with §§ 1612.2 through 1612.4.

1612.6 Unless modified or rescinded pursuant to § 1612.5, a reprimand shall be final upon receipt of an employee written response, or the expiration of the ten days specified in § 1612.4, whichever is later.

1612.7 A reprimand may be considered in establishing a corrective or adverse action, when the action is initiated within three (3) years of the reprimand.

1612.8 [REPEALED].

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); and as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1612

6-B DCMR § 1613 CORRECTIVE ACTIONS

1613.1 A corrective action is a reprimand, reassignment, or suspension of less than ten (10) workdays.

1613.2 Except in the case of a reprimand, when a corrective action is warranted, the agency shall:

Provide a notice of proposed action, in accordance with § 1618;

Afford the employee an opportunity to respond, in accordance with § 1621;

Provide a final decision on the proposed action, in accordance with § 1623; and

If a corrective action is taken, notify the employee of his or her right to grieve the final decision pursuant to §§ 1626 through 1637, or pursuant to an applicable labor agreement.

1613.3 Immediately following the issuance of a notice of proposed corrective action for a suspension pursuant to § 1613.2(a), the proposing official may conduct a resolution conference with the employee and his or her union representative (if any):

Through a resolution conference, the proposing official and affected employee may agree to a suspension which is shorter in time than the suspension in the notice of proposed action, or a reprimand in lieu of suspension.

Participation in a resolution conference does not constitute an election of remedies between the employee and the personnel authority; unless it results in a binding agreement between both parties.

To be valid and binding, any agreement reached between the proposing official and the employee shall be reduced to a written agreement, in which the employee voluntarily waives his or her right to file a grievance or appeal concerning any circumstances that give rise to the notice of proposed action under this chapter or pursuant to the provisions of a negotiated labor agreement.

The proposing official may defer the effective date of a proposed suspension by no more than five (5) days to accommodate the resolution conference process.

Statements concerning an agreement during the resolution conference process may not be used by any party as evidence or precedent in any other disciplinary action. Nevertheless, the outcome of a resolution conference may be considered in the future for purposes of progressive discipline.

1613.4 The use of resolution conferences shall be limited only to proposed suspensions of less than ten (10) days.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1613

6-B DCMR § 1614 ADVERSE ACTION

1614.1 Whenever a corrective action fails to improve a performance or conduct problem, or in the case when an employee cannot carry an essential duty of his or her employment, adverse action may be warranted.

1614.2 An adverse action shall be a suspension of ten (10) or more workdays, a reduction in grade, or removal.

1614.3 When an adverse action is warranted, the agency shall:

(a) Provide a notice of proposed adverse action, in accordance with § 1618;

(b) Afford the employee an opportunity to respond, in accordance with § 1621;

(c) In the case of removal, provide for an independent review by a hearing officer, pursuant to § 1622;

(d) Provide a final decision on the proposed adverse action, in accordance with § 1623; and

(e) If an adverse action is taken, notify the employee of his or her applicable appeal rights.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1614

6-B DCMR § 1615 [RESERVED]

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004).; as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1615

6-B DCMR § 1616 SUMMARY ACTIONS

1616.1 An employee may be summarily suspended or removed from his or her position, notwithstanding §§ 1613 and 1614.

1616.2 An employee may be suspended or removed summarily when his or her conduct:

(a) Threatens the integrity of District government operations;

(b) Constitutes an immediate hazard to the agency, to other District employees, or to the employee; or

(c) Is detrimental to the public health, safety, or welfare.

1616.3 Any decision to take a summary action under this section must be approved in writing by the agency head. All such approvals must identify:

(a) Sufficient facts relied upon by the agency head to support the actions;

(b) The specific paragraph(s) of § 1616.2 established by those facts; and

(c) The specific misconduct, consistent with § 1605, warranting suspension or removal.

1616.4 When the agency head is satisfied that the conditions of § 1616.2 are present, the agency may order the employee to immediately leave his or her duty station. Additionally, the agency may order the employee to stay away from any District government owned or occupied properties, to the extent reasonably necessary to ensure the safety of District employees and property, the integrity of government operations, and the public health, safety, and welfare

1616.5 When summary action is warranted, the agency shall:

(a) Provide the employee with a notice of summary action, in accordance with § 1620;

(b) Provide the employee an opportunity to respond, in accordance with

§ 1621;

(c) Provide the employee with a final determination, in accordance with

§ 1623; and

(d) Advise the employee of his or her applicable appeal rights.

1616.6 Except when the associated suspension or removal action is overturned by a tribunal of competent jurisdiction, an agency head’s final decision on a summary action under this section shall be final and not subject to further review.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1616

6-B DCMR § 1617 ENFORCED LEAVE ACTION

1617.1 Enforced leave occurs when an employee is involuntarily placed in a non-duty leave status, which is neither a corrective nor adverse action for purposes of this chapter. This section sets forth the standards for an agency’s implementation of an enforced leave action.

1617.2 For any period of enforced leave, the employee shall use any accrued leave, except sick leave, until exhausted. Thereafter, the employee will be held in a leave without pay status.

1617.3 An agency may place an employee on enforced leave when there is reliable evidence that he or she:

(a) Utilized fraud in securing his or her appointment;

(b) Falsified officials records;

(c) Has been indicted on, arrested for, charged with, or convicted of a felony charge (including conviction following a plea of nolo contendere); or

(d) Has been indicted on, arrested for, or convicted of any crime that bears a relationship to his or her position.

1617.4 Notwithstanding § 1617.3(c), the Metropolitan Police Department may place uniformed members and the Department of Corrections may place a correctional officers on enforced leave when he or she has been arrested, charged, indicted or convicted of any crime irrespective of the relationship between the crime and the employee’s duties and responsibilities.

1617.5 Any decision to place an employee on enforced leave under this section shall be approved in writing by the personnel authority. All such approvals shall:

(a) Identify the evidence relied upon by the agency to support the action; and

(b) Identify the specific subparagraph(s) of § 1617.3 established by that evidence.

1617.6 Upon finding that the conditions described in § 1617.3 are met, the personnel authority shall place an employee on administrative leave for five (5) days prior to the effective date of the enforced leave action.

1617.7 When enforced leave is warranted, the agency shall –

(a) Provide a notice of proposed action, pursuant to § 1618;

(b) Provide the employee an opportunity to respond in writing, pursuant to § 1621, orally, or both;

(c) Provide the employee a final determination, pursuant to § 1623; and

(d) If placed on enforced leave, advise the employee of his or her applicable appeal rights

1617.8 Whenever an employee is placed on enforced leave:

(a) The agency must initiate either corrective or adverse action based on the evidence supporting the enforced leave action; and

(b) The employee shall remain on enforced leave no longer than is required to reach a final determination on corrective or adverse action, or one hundred eighty (180) days, whichever is shorter.

1617.9 If the basis for placing an employee on enforced leave pursuant to this section does not result in corrective or adverse action, any annual leave or pay lost as a result of the enforced leave action shall be restored retroactively.

1617.10 The personnel authority may extend the time limit prescribed by § 1617.8(b) for good cause.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1617

6-B DCMR § 1618 NOTICES OF PROPOSED ACTION

1618.1 Except in the case of a summary actions, described in § 1616, an agency contemplating a corrective, adverse, or enforced leave action shall provide the employee a notice of proposed action. Such notices shall be delivered to the employee:

(a) No less than five (5) days prior to implementing an enforced leave action;

(b) No less than ten (10) days prior to implementing a corrective action; and

(c) No less than fifteen (15) days prior to implementing an adverse action.

1618.2 The notice of the proposed action shall inform the employee of the following:

(a) The type of proposed action (corrective, adverse, or enforced leave);

(b) The nature of the proposed action (days of suspension or enforced leave, reduction in grade, reassignment, or removal);

(c) The specific performance or conduct at issue;

(d) How the employee’s performance or conduct fails to meet appropriate standards; and

(e) The name and contact information of the anticipated deciding official, or if a removal action, the anticipated hearing officer for the administrative review.

1618.3 In addition to the information outlined in § 1618.2 the notice shall advise the employee of his or her right to:

(a) Review any material upon which the proposed action is based;

(b) Prepare a written response to the notice, as provided for § 1621;

(c) Representation by an attorney or other representative; and

(d) An administrative review in the case of a removal.

1618.4 The notice shall be approved and signed by a proposing official, who must be a manager within the employee’s chain of command or a management official designated by the personnel authority.

1618.5 The material upon which the notice of proposed action is based, and which is necessary to support the reasons given in the notice, shall be assembled and provided to the employee along with the notice, unless impractical. If the materials cannot be provided at the time of notice, they shall be made available to the employee for his or her review, upon request.

1618.6 The notice of proposed actions and supporting materials shall be served upon the employee. Service shall be accomplished by delivering the notice and materials to the employee in person, or to the employee’s address of record by a commercial courier that provides delivery tracking and confirmation information. However, service shall also be deemed proper upon a showing that the employee actually received delivery of the notice, irrespective of delivery method.

1618.7 For notices of proposed actions delivered in person, the employee to whom the notice is issued shall be asked to certify its receipt in writing. If the employee refuses to certify receipt, a brief descriptive written statement, signed by a witness to the refusal, may be used as evidence of service.

1618.8 For purposes of §§ 1618.6 and 1618.7, service shall be deemed effective when the employee has actual notice of the proposed actions.

1618.9 Except in the case of a summary action in § 1615, employees shall remain in an active duty status pending issuance of a final determination of the proposed action pursuant to § 1623.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 37 DCR 8297 (December 21, 1990); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1618

6-B DCMR § 1619 ADMINISTRATIVE LEAVE DURING NOTICE PERIODS

1619.1 Following the issuance of a notice of proposed corrective or adverse action pursuant to § 1618 of this chapter, an agency head, at his or her discretion, may place the employee on administrative leave pending a final determination in accordance with this section.

1619.2 Except as provided in §§ 1619.3 and 1619.4, an agency may place an employee on administrative leave for no more than ninety (90) calendar days.

1619.3 Prior to the expiration of the limit in § 1619.2 the agency head may make a written request for an extension of time to the personnel authority.

1619.4 The personnel authority may approve extensions of time in increments of no more than thirty (30) days when:

(a) Returning the employee to duty would undermine the integrity of District government operations, threaten the safety of employees, or threaten the health, safety or welfare of the public; or

(b) The agency has been diligently pursuing a final decision and the delay is due to circumstances beyond the agency’s control.

1619.5 When the time limits prescribed by this section are exhausted, the employee shall be returned to full duty pending a final agency decision.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1619

6-B DCMR § 1620 SUMMARY ACTION NOTICES

1620.1 Whenever an agency summarily removes or suspends an employee, it shall serve the employee with a notice of summary action within five (5) days. Service shall be accomplished pursuant to §§ 1618.6 and 1618.7.

1620.2 The notice shall inform the employee of the following:

(a) The nature of the summary action;

(b) The effective date of the summary action;

(c) The specific conduct at issue;

(d) How the employee’s conduct fails to meet appropriate standards;

(e) The specific paragraph(s) of § 1616.2 warranting summary action; and

(f) The name and contact information of the deciding official, or if a removal, the hearing officer.

1620.3 In addition to the information outlined in § 1620.2, the notice of the proposed summary action shall advise the employee of his or her right to:

(a) Review any material upon which the proposed summary action is based;

(b) Prepare a written response to the notice of the proposed summary action, as provided for in § 1621;

(c) Be represented by an attorney or other representative; and

(d) An administrative review in the case of a removal.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); and as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1620

6-B DCMR § 1621 EMPLOYEE RESPONSES

1621.1 Whenever an employee is served a notice of proposed or summary action, he or she may submit a written response to the appropriate official identified in the notice. In the case of removals, the appropriate official shall be a hearing officer appointed pursuant to § 1622. Otherwise, the appropriate official shall be the deciding official.

1621.2 An agency head shall authorize an employee to use official time to prepare a written response to any notice of proposed action in the following amounts of administrative leave: up to four (4) hours for proposed corrective actions, and up to ten (10) hours for proposed adverse actions.

1621.3 Written responses must be received by the appropriate official according to the following schedule:

(a) For enforced leave actions, within two (2) days of service;

(b) For corrective actions, within five (5) days of service; and

(c) For adverse actions, within ten (10) days of service.

1621.4 Upon application by the employee and a showing of good cause, the deciding official, or in the case of removal the hearing officer, may grant a reasonable extension of time to the limits prescribed by § 1621.3.

1621.5 The right to respond shall include the right to present evidence that the employee believes might affect the final decision on the proposed or summary action. Such evidence may include written statements of witnesses, affidavits, or documents or any other form or depiction of information.

1621.6 As a written part of his or her response, an employee shall raise every defense, fact, or matter in extenuation, exculpation, or mitigation of which the employee has knowledge or reasonably should have knowledge or which is relevant to a reason for which the employee took an action (of failed to take an action) which is a subject of the proposed or summary action. The failure of the employee to raise a known defense, fact, or matter shall constitute a waiver of such defense, fact, or matter in all subsequent proceedings.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1621

6-B DCMR § 1622 ADMINISTRATIVE REVIEWS

1622.1 The personnel authority shall provide for an administrative review of a proposed or summary removal action against an employee, unless he or she is an exempt employee.

1622.2 The administrative review shall be conducted by a hearing officer, who shall meet the following criteria:

Be appointed by the agency head;

Be at grade levels DS-13 and above, or equivalent, or be in the Legal Service at any grade;

Be a licensed attorney, if available;

Be neither in the supervisory chain of command between the employee and the deciding official, nor a subordinate to the proposing official; and

Have no direct and personal knowledge of the matters contained in the proposed or summary removal action, aside from hearsay that does not affect impartiality.

1622.3 In conducting the administrative review, the hearing officer shall:

Review the notice of proposed or summary action, including any supporting materials; and

Review the employee's response, if applicable.

1622.4 A hearing officer’s review of a proposed or summary removal action shall be limited to the notice and supporting materials and any written arguments and evidence submitted by the employee.

1622.5 Within thirty (30) days after receiving the employee’s response, or the expiration of his or her time to respond, the hearing officer shall submit a written report and recommendation to the deciding official, and shall provide a copy to the employee.

1622.6 Upon request, the time limit in § 1622.5 may be extended by the personnel authority for good cause for no more than thirty (30) days.

1622.7 The hearing officer shall ensure that there are no substantive ex parte communications during the administrative review process. Any substantive inquiry or information sent by or to the hearing officer shall be served on the employee, the employee’s representative (if any), and the agency representative.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1622

6-B DCMR § 1623 FINAL AGENCY DECISION

1623.1 The final agency decision relating to a corrective or adverse action against an employee shall be made by the deciding official, who shall be the agency head, the personnel authority, or their designee. A proposing official may not serve as the deciding official for the same matter, except when the size of the agency mandates otherwise.

1623.2 In making the final decision, the deciding official shall:

(a) Consider the notice of proposed or summary action and supporting materials, the employee's response (if any), and any report and recommendation of a hearing officer; and

(b) Either sustain or reduce the proposed or summary action, remand the action to the proposing official with instructions for further consideration, or dismiss the action. A copy of any remand decision shall be served on the employee.

1623.3 The final determination shall be in writing, dated and signed by the deciding official.

1623.4 The final determination shall:

(a) Provide a concise summary of the action(s) being taken and the effective date of the action(s);

(b) Succinctly enumerate each independent cause for which corrective or adverse action is being taken; specifications shall not be used in any final written decision;

Provide for an independent corrective or adverse action for each enumerated cause, consistent with § 1623.4(b);

(d) Demonstrate reasoned consideration of the relevant factors set forth in § 1606.2 for each independent action; and

(e) Articulate the employee’s appeal rights, as outlined is § 1625, if any.

1623.5 In addition to the information specified in § 1623.4 each final agency decision shall be accompanied by:

(a) Copies of the materials relied upon by the agency in rendering its decision;

(b) For enforced leave of ten (10) or more days and adverse actions:

(1) A copy of the Rules of Procedure for the Office of Employee Appeals (OEA); and

(2) An OEA appeal form;

(c) A notice of the employee’s right to elect between the remedies specified in § 1625; and

(d) A notice of the employee’s right to be represented by an attorney or other representative authorized by law.

1623.6 The final decision shall be completed within forty-five (45) days of the latter of:

(a) The expiration of the employee’s time to respond;

(b) The agency’s receipt of the employee’s response (if any);

(c) The completion of the hearing officer’s report and recommendation, if applicable; or

(d) A date agreed to by the employee.

1623.7 The final agency decision shall be served on the employee in accordance with §§ 1618.6 and 1618.7.

1623.8 The time limit established in § 1623.6 may be extended by the personnel authority for good cause.

1623.9 A copy of the final agency decision shall be placed in the employee’s official personnel file. If the decision incorporates a notice of proposed or summary action, in whole or in part, the notice of proposed or summary action shall be attached to the final agency decision before filing in the official personnel file.

1623.10 Except in the case of a removals, a final agency decision shall be retained by the personnel authority in the official personnel file for three (3) years unless sooner ordered withdrawn by the issuing official, the official’s superiors or successors, a court of competent jurisdiction, an arbitrator of competent jurisdiction, the appropriate personnel authority, the Office of Human Rights, or pursuant to a settlement agreement.

1623.11 A final agency decision separating an employee from government service shall be a permanent record maintained by the personnel authority in the official personnel file.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017); as amended by Final Rulemaking published at 68 DCR 2484 (March 5, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1623

6-B DCMR § 1624 [RESERVED]

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1624

6-B DCMR § 1625 APPEAL RIGHTS

1625.1 An employee who disputes a final agency reprimand or a final agency corrective, adverse, or enforced leave action under this chapter may seek one (1) of the following remedies:

(a) For enforced leave actions of less than ten (10) days and for corrective actions, the employee may elect to pursue a grievance within ten (10) days after the issuance date of the final agency action;

(b) For enforced leave actions of ten (10) or more days and adverse actions, the employee may elect to appeal the final agency action to the Office of Employee Appeals (OEA) no more than thirty (30) days after the effective date of the final agency decision; and

(c) For any other agency actions under this chapter, the employee may elect to pursue a grievance no more than forty-five (45) business days after the date of the alleged violation or final action, whichever is later.

1625.2 Notwithstanding Subsection 1625.1, a system of grievance resolution negotiated between the District and a labor organization shall take precedence over the procedures of this chapter for employees in a bargaining unit represented by the labor organization.

1625.3 Neither a grievance nor an appeal to OEA shall delay implementation of a final agency action under this chapter.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1625

6-B DCMR § 1626 GRIEVANCE POLICY AND APPLICABILITY

1626.1 The District of Columbia government maintains a grievance policy and procedure to allow for the prompt, fair and orderly resolution of grievances and complaints relating to District employment. The grievance procedures shall be applied to:

(a) Provide procedural consistency across District agencies;

(b) Ensure applicants and employees have access to procedures to address complaints and grievances timely, fairly, and without fear of reprisal; and

(c) Resolve workplace issues efficiently and effectively.

1626.2 Notwithstanding § 1600 and except for the Mayor, members of the Council, sworn members of the Metropolitan Police Department, and employees in the Executive and Excepted Services, the grievance policies and procedures established at §§ 1626 through 1635 apply to all applicants and employees of all District agencies except:

(a) The District of Columbia Superior Court and Court of Appeals;

(b) The University of the District of Columbia;

The District of Columbia Public Schools;

Members of District boards and commissions; and

Advisory Neighborhood Commissions.

1626.3 Employees subject to a negotiated collective bargaining agreement may choose between any grievance procedure contained in the agreement and the grievance procedure outlined in §§ 1627 through 1637, but not both.

1626.4 Disciplinary actions taken against attorneys pursuant to Chapter 36 of Title 6-B DCMR shall not be subject to grievance procedures established in §§ 1627 through 1637.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1626

6-B DCMR § 1627 MATTERS SUBJECT TO GRIEVANCE PROCEDURES

1627.1 An applicant or employee may grieve any agency action taken pursuant to this subtitle if:

(a) A provision of this subtitle has been violated; and

(b) The applicant or employee has suffered or will suffer harm as a result of that violation, which is neither trivial nor speculative.

1627.2 Notwithstanding § 1627.1, no applicant or employee may submit a grievance to an agency action under this subtitle if the action is:

(a) Not subject to a grievance or appeal by law or regulation;

(b) Taken to implement the lawful order of a court or other tribunal recognized by law; or

(c) Agreed to by the applicant or employee.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1627

6-B DCMR § 1628 FILING A GRIEVANCE; TIME LIMITS

1628.1 All grievances shall be made using a grievance form provided by the Director of the District of Columbia Department of Human Resources (DCHR). DCHR shall maintain the grievance form on its internet website.

1628.2 Each grievance shall include the following:

(a) The name, e-mail address, and phone number of the applicant or employee seeking the relief;

(b) For employees, the name, e-mail address, phone number, and agency of his or her immediate supervisor;

(c) The name of the agency at issue;

(d) A concise written statement of facts, including dates, that establishes the alleged violation;

(e) A written statement as to the applicant or employee’s injury; and

(f) The relief sought by the applicant or employee.

1628.3 For purposes of this chapter, grievance official means:

(a) For applicants seeking employment in agencies under the authority of the Mayor, the Director of DCHR, or his or her designee;

(b) For applicants seeking employment in a District government agency independent of the Mayor’s personnel authority, the personnel authority for the independent agency, or his or her designee; and

(c) For employees, the employee’s supervisor who has the authority to resolve the grievance and for whom there is no conflict of interest (typically the immediate supervisor or the immediate supervisor’s immediate superior).

1628.4 Grievances of corrective actions and of enforced leave actions of less than ten (10) days shall be filed with the appropriate grievance official within ten (10) days of the issue date of the final decision.

1628.5 All other grievances shall be filed with the appropriate grievance official no more than forty-five (45) business days from the date of the alleged violation or the final action, whichever is later.

1628.6 Grievances may be filed with the grievance official by one of the following means:

(a) By mail to the official’s principal business address;

(b) By e-mail to the grievance official; or

(c) By hand delivery to the grievance official’s principal business address.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1628

6-B DCMR § 1629 INITIAL GRIEVANCE REVIEW

1629.1 Upon receipt, the grievance official shall make a preliminary determination as to whether the grievance meets the criteria set forth in §§ 1627 and 1628.

1629.2 Within five (5) days of receipt, the grievance official shall do one of the following:

Acknowledge receipt and begin processing the grievance pursuant to § 1630;

Deny the grievance as being a matter not subject to review pursuant to § 1627;

Deny the grievance as being untimely pursuant to § 1628.4; or

Request the grievant to supply additional information required by § 1628.2.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1629

6-B DCMR § 1630 FIRST LEVEL GRIEVANCE REVIEWS

1630.1 Within five (5) days of acknowledging the grievance, the grievance official, or designee, shall interview the grievant and review the record.

1630.2 Unless mediation has already been attempted pursuant to § 1635, at the interview, the grievance official shall inform the grievant that he or she has the option of pursuing mediation. The grievant shall execute either a declination of mediation or a mediation agreement. If mediation is declined, the grievance official shall proceed with the initial grievance interview, in accordance with § 1630.3. If mediation is elected by executing a mediation agreement, mediation shall proceed in accordance with § 1635.

1630.3 During the interview, the grievance official, or designee, shall note the grievant’s specific allegations, the facts supporting those assertions and the relief being sought by the grievant.

1630.4 The grievance official, or designee, shall interview the subject of the grievance and any additional witnesses deemed appropriate to the grievance. Following each interview, the grievance official shall summarize each interview in writing.

1630.5 Within five (5) days of interviewing the grievant, the grievance official, or designee, shall issue a first level grievance decision and report based on the totality of the facts.

(a) If the grievance official finds that the grievance is substantiated by the facts, the grievance decision shall specify the remedy being provided and the date the remedy will be implemented.

(b) If the grievance official finds that the grievance is not substantiated by the facts, then the grievance shall be denied.

1630.6 Within five (5) days of the issuance of the first level grievance decision, a grievant may notify the grievance official in writing that he or she is not satisfied with the decision. The notification shall include any additional arguments and documents that support the grievant’s position. Upon receipt of this notification, the grievance official shall proceed to the second level of grievance review.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 59 DCR 8398 (July 13, 2012); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1630

6-B DCMR § 1631 SECOND LEVEL GRIEVANCE REVIEWS

1631.1 At the second level grievance review, the grievance shall be reviewed by a second level official in the grievant’s chain of command who reports directly to the agency head.

If the first level grievance official reports directly to the agency head, the grievance request for further review shall be treated as a notification under § 1631.6 and processed pursuant to § 1632.

If the first level grievance official is the agency head, the grievance request for further review shall be treated as a notification under § 1632.8 and processed pursuant to § 1633.

Except when the personnel authority is the D.C. Department of Human Resources, in the event the first grievance official and the personnel authority are the same person, the grievance official’s decision shall be deemed the decision of the personnel authority pursuant to § 1633.4.

1631.2 Within two (2) days of receiving the notification specified in § 1630.6, the grievance official shall forward all materials to the second level official for resolution. The materials forwarded shall include the grievance application, the grievance official’s decision and report, any interview summaries, any records reviewed by the grievance official in rendering his or her decision, and the notification requesting second level review.

1631.3 In his or her discretion, and within no more than ten (10) days, the second level official may interview the grievant and any other individuals deemed necessary. An interview summary shall be created following any interview.

1631.4 After having completed any interviews, and any further investigation that may be deemed appropriate by the second level official, the second level official shall issue a second level grievance report and decision based on the totality of the facts.

1631.5 If the second level official finds that the grievance is substantiated by the facts, the grievance decision shall specify the remedy being provided and the date the remedy will be implemented.

(a) If the second level official finds that the grievance is not substantiated by the facts, then the grievance shall be denied.

(b) The second level grievance decision shall be issued no more than twenty-one (21) days following the second level official’s receipt of the grievance and shall inform the grievant of his or her right to seek a final grievance review.

1631.6 Within five (5) days of the issuance of the second level grievance decision, a grievant may notify the original grievance official in writing that he or she is not satisfied with the decision and request a third level grievance review. Upon receipt of this notification, the grievance official shall proceed to the third level grievance review.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 50 DCR 3185 (April 25, 2003); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); ); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1631

6-B DCMR § 1632 THIRD LEVEL GRIEVANCE REVIEWS

1632.1 At the third level of grievance review, the grievance shall be reviewed by the agency head.

1632.2 Within two (2) days of receiving the notification specified in § 1631.6, the grievance official shall forward all materials to the agency head for resolution. The materials forwarded shall include the grievance application, the second level official’s decision and report, any interview summaries, any records reviewed by the second level official in rendering his or her decision, and the notification requesting third level review.

1632.3 In his or her discretion, and within no more than ten (10) days, the agency head may interview the grievant and any other individuals deemed necessary. An interview summary shall be created following any interview.

1632.4 After having completed any interviews, and any further investigation that may be deemed appropriate by the agency head, the agency head shall issue a third level grievance report and decision based on the totality of the facts.

1632.5 If the agency head finds that the grievance is substantiated by the facts, the grievance decision shall specify the remedy being provided and the date the remedy will be implemented.

1632.6 If the agency head finds that the grievance is not substantiated by the facts, then the grievance shall be denied.

1632.7 The third level grievance decision shall be issued no more than twenty-one (21) days following the notification specified in § 1631.6 and shall inform the grievant of his or her right to seek a final review.

Within five (5) days of the issuance of the third level grievance decision, a grievant may notify the original grievance official in writing that he or she is not satisfied with the decision and request a final review. Upon receipt of this notification, the grievance official shall proceed to the final grievance review.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1632

6-B DCMR § 1633 FINAL GRIEVANCE REVIEWS

1633.1 At the final level of grievance review, the grievance shall be reviewed and decided by the personnel authority. For purposes of this section, when the grievant is an employee of the Department of Human Resources, the personnel authority shall mean the City Administrator or his or her designee.

1633.2 Within two (2) days of receiving the grievance request for a final review, the grievance official shall forward all materials the agency received during the grievance process to the personnel authority.

1633.3 The personnel authority shall conduct a thorough records review of the grievance.

(a) If the personnel authority finds that the grievance is substantiated by the facts, the grievance decision shall specify the remedy being provided and the date the remedy will be implemented.

(b) If the personnel authority finds that the grievance is not substantiated by the facts, then the grievance shall be denied.

1633.4 The decision of the personnel authority shall be delivered to the agency and the grievant no more than thirty (30) days after receiving the grievance request. The decision of the personnel authority shall be final and not subject to any further grievance or appeal before any administrative body or court.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1633

6-B DCMR § 1634 GRIEVANCES UNDER COLLECTIVE BARGAINING AGREEMENTS

1634.1 Notwithstanding any other provision in this chapter, a negotiated grievance procedure established within a collective bargaining agreement shall supersede and replace the grievance procedures established in this chapter.

SOURCE Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); and as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 66 DCR 5866 (May 10, 2019).

District of Columbia Municipal Regulations

Government Personnel

6-B DCMR § 1634

6-B DCMR § 1635 MEDIATION

1635.1 Mediation shall be initiated by the grievant executing and presenting the grievance official with a mediation agreement, pursuant to § 1630.2. The mediation agreement shall be a standard agreement form issued by the personnel authority. The agreement shall, at a minimum:

(a) Explain the nature of the mediation process;

(b) Explain the respective roles the parties;

(c) Explain the confidential and privileged nature of mediation communications, consistent with D.C. Official Code §§ 16-4203 and 16-4207; and

(d) Explain the potential remedies that are available, consistent with § 1636.

1635.2 The grievance official shall forward a copy of the agreement to the personnel authority. Within five (5) business days, the personnel authority shall designate an individual to serve as a mediator and the agency head, or his or her designee, shall designate an appropriate agency official to serve as the agency representative. The mediator shall either be an attorney licensed to practice law in the District of Columbia or an individual trained in conducting mediation. The agency representative shall have sufficient authority to mediate the dispute.

1635.3 The mediator shall schedule the mediation date(s) and conduct the mediation proceedings in such a manner as to ensure a fair and equitable result. However, the mediation process must be concluded within thirty (30) days from the date the mediator was designated by the personnel authority. If mediation has not concluded within that time period, the matter shall be returned to the grievance official for the first level of review.

1635.4 The parties may agree to any remedies permitted under § 1636. If an amicable resolution of the grievance is reached through mediation, the terms of the resolution shall be reduced to writing in a Mediation Settlement Agreement and signed by all parties, including the mediator. The written resolution shall be binding on all parties and is not subject to review by any administrative body, court or other tribunal.

1635.5 If the parties are unable to resolve the grievance through the mediation process, the grievance shall be returned to the grievance official to resume the first level grievance review. Grievances shall be returned to the grievance official by the mediator on either the date the mediator determines that no resolution can be reached or thirty (30) days from the date the mediator was designated by the personnel authority, whichever is earlier.

1635.6 If a grievance is returned to the grievance official pursuant to § 1635.5, the grievance official shall proceed with the first level grievance review pursuant § 1630.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1635

6-B DCMR § 1636 REMEDIES

1636.1 Whenever a grievance is substantiated, the appropriate deciding official shall establish a remedy that is equitable and fitting to the circumstances.

1636.2 Remedies provided under this section shall be consistent with, but need not precisely conform to, the provisions of this subtitle. However, remedies that vary from the precise language of any regulation shall conform to the variance standards established at Chapter 1.

1636.3 Remedies under this section shall be limited to those remedies within the authority of the personnel authority.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1636

6-B DCMR § 1637 DISMISSAL OF GRIEVANCE

1637.1 A grievant may request a dismissal of the grievance at any time.

1637.2 A grievance official may dismiss a grievance if the grievant substantially fails to carry out his or her responsibilities; fails to participate with; or otherwise impedes the grievance process under this chapter.

1637.3 A dismissal issued pursuant to this section following the issuance of a second level grievance decision shall be with prejudice.

1637.4 A dismissal of a grievance under this section shall not toll or otherwise enlarge the time limits established in § 1628.

History

• SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1637

6-B DCMR § 1699 DEFINITIONS

1699.1 As used in this chapter the following meanings apply –

Administrative leave – an excused absence with full pay and benefits that is not charged to annual leave or sick leave

Admonition – any written communication from a supervisor or manager to an employee, up to but excluding an official reprimand, that advises or counsels the employee about conduct or performance deficiencies, and the possibility that future violations will result in corrective or adverse action.

Adverse action – a suspension of ten (10) workdays or more, a reduction in grade, or a removal.

Agency – any unit of the District of Columbia government, excluding the courts, required by law or by the Mayor of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency, and shall include boards and commissions as described in D.C. Official Code § 1-603.01(13).

Cause – a reason that is neither arbitrary nor capricious, such as misconduct or performance deficits, which warrants administrative action, including corrective and adverse actions. The classes of conduct and performance deficits outlined in § 1605 constitute causes for corrective and adverse action.

Conduct – the act, manner or process taken by an employee to carry on, including the lack or omission of taking action or carrying out duties and responsibilities.

Corrective action – an official reprimand, involuntary reassignment or a suspension of less than ten (10) workdays.

Days – are calendar days for all periods of more than ten (10) days; otherwise, days are workdays.

Deciding official – the individual who issues a final decision on a disciplinary action in accordance with § 1623.

Disciplinary action – a corrective or adverse action taken against an employee.

Enforced leave – involuntary placement of an employee in a leave status in accordance with § 1617.

Ex parte communication – an oral or written communication between a hearing officer and only one of the parties, either the employee or management.

Exempt employee – individuals serving the District of Columbia in the Management Supervisory Services.

Grievance official – see § 1628.

Hearing officer – an impartial individual who assess the sufficiency of a proposed action consistent with § 1622.

Independent agency – an agency that is not subject to the administrative control of the Mayor.

Manager – an individual responsible for controlling or administering all or part of an agency or its operation. The term “manager” includes all individuals who supervise others and are employed in the Executive, Excepted and Management Supervisory Services, and similar managerial at-will employees.

Nexus – connection or link (such as a connection to an employee’s duties and responsibilities).

Personal history –information about a specific individual, including information about his or her educational, financial, criminal, or employment status or history.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in D.C. Official Code §§ 1-604.01 et seq.

Progressive disciplinary process – refers to the incremental steps to correct either misconduct or systemic performance deficits. Typically, the process includes verbal counseling, reprimand, corrective action and adverse action.

Proposing official – an agency head or an official authorized by the agency head to issue a written notice of proposed corrective or adverse action or enforced leave.

Reduction in grade – an involuntary action that changes an employee to a lower grade level, typically with lower pay.

Removal – the involuntary separation of an employee from District government service.

Reprimand – a written, official censure of an employee that is placed in the employee’s Official Personnel Folder.

Subordinate agency – any agency under the direct administrative control of the Mayor.

Summary action – an action taken to immediately suspend or separate an employee pursuant to § 1616.

Suspension – the temporary placing of an employee in a non-duty, non-pay status.

Standard - any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.

Temporary appointment – a Career Service appointment effected as provided in Chapter 8 of these regulations that has a specific time limitation of one (1) year or less.

Toll - to delay, suspend or hold off the effect of a statute, regulation or rule.

With prejudice – mean without the ability to re-bring an action; for example, a grievance dismissed with prejudice cannot be reinitiated and the dismissal is final.

Supervisor – an individual who supervises another employee or his or her activities.

History

• SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); and as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1699

6-B18 EMPLOYEE CONDUCT

6-B DCMR § 1800 APPLICABILITY AND Basic employee obligations

This chapter applies to the ethical responsibilities of all employees pursuant to Chapter XVIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-618.01 et seq.).

Each employee has a responsibility to the District of Columbia and its citizens to place loyalty to the laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the District government, each employee shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the District of Columbia Employee Ethics Pledge and in supplemental agency regulations and policies.

The following general principles apply to every employee and form the basis for the standards contained in this chapter. Where a situation is not specifically covered by another provision of law or policy, employees shall apply the following principles set forth in this section in determining whether their conduct is proper:

Government service is a public trust, requiring employees to place loyalty to the laws and ethical principles above private gain.

Employees shall not hold financial interests that conflict with the conscientious performance of duty.

Employees shall not engage in financial transactions using nonpublic government information or allow the improper use of such information to further any private interest.

An employee shall not, except as permitted by Section 1803 of this chapter, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.

Employees shall put forth honest effort in the performance of their duties.

Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the government.

Employees shall not use public office or position for private gain.

Employees shall act impartially and not give preferential treatment to any private organization or individual.

Employees shall protect and conserve government property and shall not use it for other than authorized activities.

Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with their official government duties and responsibilities.

Employees shall report credible violations of the District Code of Conduct and this chapter to appropriate authorities.

Employees shall satisfy in good faith their lawful obligations, including all just financial obligations to federal, state, District and local governments.

Employees shall adhere to all federal, state, and local laws and regulations.

Employees shall not take actions creating the appearance that they are violating the law or the ethical standards set forth in this chapter. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.

An employee may not do indirectly what he or she may not do directly under this chapter.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1800

6-B DCMR § 1801 EMPLOYEE COOPERATION

Employees shall immediately and directly report credible violations of the District Code of Conduct and violations of this chapter to the District of Columbia Office of Government Ethics, the District of Columbia Office of the Inspector General, or both.

An employee shall not interfere with or obstruct any investigation conducted by a District or federal agency.

An employee shall fully cooperate with any investigation, enforcement action, or other official function of the Office of Government Ethics.

Coercive, harassing, or retaliatory action shall not be taken against any employee acting in good faith under this section.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1801

6-B DCMR § 1802 Remedial Action

A violation of this chapter or supplemental agency regulations and policies shall be cause for appropriate corrective or disciplinary action to be taken under the procedures applicable to the employee.

It is the responsibility of the employing agency to initiate appropriate remedial, corrective, or adverse action in individual cases. Such action may be in addition to any other action or penalty prescribed by law.

An employee who violates the Code of Conduct shall be subject to applicable civil and criminal penalties pursuant to Section 221 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (D.C. Law 19-124; D.C. Official Code § 1-1162.21). Penalties imposed by BEGA are separate and apart from any corrective or disciplinary action taken by the employing agency.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1802

6-B DCMR § 1803 Gifts from Outside Sources

This section contains standards that prohibit an employee from soliciting or accepting any gift from a prohibited source or given because of the employee's official position unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.

Except as otherwise provided in this section, an employee shall not, directly or indirectly, solicit or accept a gift:

From a prohibited source; or

Given because of the employee’s official position or duties.

Notwithstanding any exception provided in this section, an employee shall not:

Accept a gift in return for being influenced in the performance or nonperformance of an official act;

Solicit or coerce the offering of a gift; or

Accept gifts from the same or different sources on a basis so frequent that a reasonable person would be led to believe the employee is using his or her public office for private gain.

For purposes of this section, the following meanings apply:

“Gift” means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. It does not include:

Modest items of food and refreshments, such as soft drinks, coffee and donuts, offered other than as part of a meal;

Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, which are intended solely for presentation;

Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

Unsolicited items received by employees for the purposes of evaluation or review, provided the employee has no beneficial personal interest in the eventual use or acquisition of the item by the employee’s agency;

Food and beverages, of nominal value, consumed at hosted receptions where attendance is related to the employee’s official duties;

Admission to and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental or community organization, when the admission, food and beverages are of a nominal value;

Unsolicited gifts from dignitaries from the federal government, a state or territory, or a foreign country that are of a nominal value and intended to be personal in nature and, in the case of a foreign country, are permitted under 5 U.S.C. § 7342;

Loans from banks and other financial institutions on terms generally available to the public;

Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees or all uniformed members of the Metropolitan Police Department and/or Fire and Emergency Medical Services Department, whether or not restricted on the basis of geographic considerations;

Rewards and prizes given to competitors in contests or events, including random drawings, open to the public unless the employee's entry into the contest or event is required as part of his official duties;

Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer;

Anything which is paid for by the District or secured by the District under a District contract;

Any gift accepted by the District government under specific statutory authority; or

Anything for which market value is paid by the employee.

“Prohibited source” means any person or entity who:

Is seeking official action by the employee's agency;

Does business or seeks to do business with the employee's agency;

Conducts activities regulated by the employee's agency;

Has interests that may be substantially affected by performance or nonperformance of the employee's official duties; or

Is an organization in which the majority of its members are described in subparagraphs (1) through (4) of this subsection.

A gift is accepted or solicited because of the employee’s position if it is from a person other than an employee and would not have been solicited, offered, or given had the employee not held the status, authority or duties associated with his District government position.

A gift which is accepted or solicited indirectly includes a gift:

Given with the employee's knowledge and acquiescence to his parent, sibling, spouse, child, or dependent relative because of that person's relationship to the employee, or

Given to any other person or entity, including any charitable organization, on the basis of designation, recommendation, or other specification by the employee.

The prohibitions set forth in this section do not apply to gifts accepted under the circumstances described in paragraphs (a) through (e) of this subsection, and an employee's acceptance of a gift in accordance with one of those paragraphs will be deemed not to violate the principles set forth in Section 1800.

An employee may accept unsolicited gifts having a market value of $10 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person under the authority of this paragraph shall not exceed $20 in a calendar year, except when the offer of the gift would appear to a reasonable person to be intended to influence the employee in his or her official duties.

An employee may accept a gift given under circumstances which make it clear that the gift is motivated by a family relationship or personal friendship rather than the position of the employee.

An employee may accept meals, lodgings, transportation and other benefits:

Resulting from the business or employment activities of an employee's spouse or domestic partner when it is clear that such benefits have not been offered or enhanced because of the employee's official position; or

Resulting from the employee’s authorized outside business or employment activities when it is clear that such benefits have not been offered or enhanced because of the employee’s official status.

When an employee is assigned to participate as a speaker or panel participant or otherwise to present information on behalf of the agency at a conference or other event, his acceptance of an offer of free attendance at the event on the day of his presentation is permissible when provided by the sponsor of the event. The employee's participation in the event on that day is viewed as a customary and necessary part of his performance of the assignment and does not involve a gift to him or to the agency. Any such assignment must be made by the employee’s agency head, or other designee, in writing.

When an employee’s attendance is in the interest of the agency, as determined by the Mayor or designee, in writing, because it will further agency programs and operations, the employee may accept an unsolicited gift of free attendance at all or appropriate parts of a widely attended gathering of mutual interest to a number of parties from the sponsor of the event or, if more than 50 persons are expected to attend the event and the gift of free attendance has a market value of $350 or less, from a person other than the sponsor of the event. A gathering is widely attended if it is expected that a large number of persons will attend and that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter. For employees subject to a leave system, attendance at the event shall be on the employee's own time or, if authorized by the employee's agency, without charge to the employee's leave account.

Whenever an employee accepts a contribution, award or payment in accordance with Paragraphs 1803.5(d) or (e), the agency shall maintain the following records for a period of no less than two (2) years:

The name of the recipient;

The name of the organization;

The amount and nature of the contribution, award, or payment and the purpose for which it is to be used; and

A copy of the written authorization.

An employee who receives a gift that cannot be accepted under the provisions of this section shall inform the person offering the gift that District government ethics rules do not permit acceptance of gifts, and:

Return the gift to the donor, donate the gift to a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3), or reimburse the donor the market value of the gift; or

If the gift is perishable and it would not be practical to return it to the donor, donate the gift to charity, share it with office staff, or destroy it.

The actions set forth in (a) and (b) above may be taken one time only with respect to any donor.

In accordance with 18 U.S.C. § 209, an employee shall not receive any salary or anything of monetary value from a private source as compensation for his or her services to the government.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1803

6-B DCMR § 1804 Gifts Between Employees

Except as provided in Subsection 1804.6, this section contains standards that prohibit an employee from giving, donating to, or soliciting contributions for, a gift to an official superior and from accepting a gift from a co-worker receiving less pay than the employee, unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.

Except as otherwise provided in this section, an employee may not:

Directly or indirectly, give a gift to or make a donation toward a gift for an official superior; or

Solicit a contribution from another employee for a gift to their official superior or the other employee's official superior.

Except as provided in this section, an employee may not, directly or indirectly, accept a gift from an employee receiving less pay than themself unless:

The two employees are not in a subordinate-official superior relationship;

There is a personal relationship between the two employees that would justify the gift; and

The gift was not given or solicited to gain or induce any professional advantage.

Notwithstanding any exception provided in this section, an official superior shall not coerce a subordinate to make or contribute to a gift.

For purposes of this section, the following meanings apply:

“Gift” has the meaning set forth in Section 1803. For purposes of that definition an employee will be deemed to have paid market value for any benefit received as a result of their participation in any carpool or other such mutual arrangement involving another employee or other employees if he or she bears their fair proportion of the expense or effort involved.

“Official superior” means any other employee including but not limited to an immediate supervisor, whose official responsibilities include directing or evaluating the performance of the employee's official duties or those of any other official superior of the employee. For purposes of this section, an employee is considered to be the subordinate of any of his official superiors.

“Solicit” means to request contributions by personal communication or by general announcement.

“Voluntary contribution” means a contribution given freely, without pressure or coercion. A contribution is not voluntary unless it is made in an amount determined by the contributing employee, except that where an amount for a gift is included in the cost for a luncheon, reception or similar event, an employee who freely chooses to pay a proportionate share of the total cost in order to attend will be deemed to have made a voluntary contribution. Except in the case of contributions for a gift included in the cost of a luncheon, reception or similar event, a statement that an employee may choose to contribute less or not at all shall accompany any recommendation of an amount to be contributed for a gift to an official superior.

The prohibitions set forth in Subsections 1804.2 and 1804.3 do not apply to a gift given or accepted under the circumstances established in Paragraphs (a) and (b) of this subsection. A contribution or the solicitation of a contribution that would otherwise violate Subsections 1804.2 and 1804.3 may only be made in accordance with Paragraph (c) of this subsection.

On an occasional basis, including any occasion on which gifts are traditionally given or exchanged, the following may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

Items, other than cash, with an aggregate market value of $10 or less per occasion;

Items such as food and refreshments to be shared in the office among several employees;

Personal hospitality provided at a residence which is of a type and value customarily provided by the employee to personal friends; and

Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions.

A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

In recognition of infrequently occurring occasions of personal significance such as marriage, illness, or the birth or adoption of a child; or

Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer.

An employee may solicit voluntary contributions of nominal amounts from fellow employees for an appropriate gift to an official superior and an employee may make a voluntary contribution of a nominal amount to an appropriate gift to an official superior:

On a special, infrequent occasion as described in paragraph (b) of this section; or

On an occasional basis, for items such as food and refreshments to be shared in the office among several employees.

An employee may accept such gifts to which a subordinate or other employee receiving less pay than himself or herself has contributed.

For the purposes of Subsections 1804.3 and 1804.4 of this section, the term nominal means an individual cash donation of no more than ten dollars ($10) or an individual voluntary gift of no more than ten dollars ($10) in market value.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1804

6-B DCMR § 1805 Financial Interests and Disclosures

It is the policy of the District government to avoid conflicts of interest concerning the award, implementation, monitoring, and performance of contracts for services. Accordingly, as a means of assisting District government agencies to evaluate real or potential conflicts of interest in this area, each employee will be required to disclose to his or her employing agency upon appointment, such previous employment relationships (whether in the private or public sectors) as the employing agency may direct, including full disclosure of any ongoing economic benefits to the employee from previous employment relationships.

For the purposes of this section, the following terms apply:

“Ongoing economic benefit from a former employer” shall include any pension, annuity, stock option, bonus, cash or in-kind distribution in satisfaction of equitable interest, payment of all or a portion of the premiums on a life or health insurance policy, or any other comparable benefit.

A “former employer” is any person or organization:

For whom or for which the employee has, within the one (1) year preceding his or her employment by the District government, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; or

From whom or from which the employee receives an ongoing economic benefit.

The employing agency shall inform each new hire of the requirement to disclose employment relationships as described in Subsection 1805.1. A new hire with employment relationships to disclose shall so inform his or her immediate supervisor and a person designated by the agency head, and complete D.C. Standard Form 36, Previous Employment Relationships, within thirty (30) days of the effective date of the new appointment.

The head of the employing agency will communicate the information required to be disclosed under this subsection to each new hire, and advise the employee in writing of the restrictions imposed by this subsection.

(a) For one (1) year after the date of initial employment with the District government, an employee required to make a disclosure under this section will be screened from and shall not participate in any manner, in the District government’s decision to enter into, extend, modify, or renew a contract or consultancy engagement with the employee’s former employer (hereafter, “procurement action”).

(b) The one-year (1-year) restriction from participation in any procurement action prescribed in paragraph (a) will be extended for as long as the employee receives an ongoing economic benefit from a former employer. It will be the employee’s responsibility to advise his or her immediate supervisor and a person designated by the agency head of the continued receipt of the ongoing economic benefit from a former employer.

Notwithstanding the prohibitions set forth in Subsection 1805.4, the head of the employing agency may authorize an employee, required to make a disclosure under this section, to do any of the following as part of the employee’s official duties:

(a) Participate in the oversight or review of the work-product or performance of a former employer that is currently a contractor or consultant with the District government;

(b) Serve as the District government’s liaison with the former employer; or

(c) Otherwise communicate with the former employer on matters pending before the employee’s employing agency.

The determination to require an employee to perform any of the duties listed in Subsection 1805.5 shall be based upon a written determination of the agency head, made in light of all relevant circumstances, that the interest of the District government in the employee’s participation outweighs the concern that a reasonable person might question the integrity of the District government’s programs or operations. Applying this standard, the agency head may determine that the employee’s participation reasonably may be permitted in certain activities involving the employee’s former employer, but not in others. In all instances under this section in which the employee is prohibited from participation, the employee will be screened from the receipt of any information regarding the former employer’s matter that is pending before the District government.

An agency head may delegate the responsibility for making any of the determinations prescribed in this section to other personnel in the agency. The person in the agency making any such determinations may consult with the Board of Government Ethics and Accountability.

No District government employee or any member of his or her immediate household shall knowingly:

Acquire any stocks, bonds, commodities, real estate, or other property, whether held individually or in concert with others, the possession of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities as a District government employee; or

Acquire an interest in or operate any business or commercial enterprise which is in any way related, directly or indirectly, to the employee's official duties, or which might otherwise be involved in an official action taken or recommended by the employee, or which is in any way related to matters over which the employee could wield any influence, official or otherwise.

A District government employee who is called upon to act for or on behalf of the District government in a matter relating to or involving a non-governmental entity in which the employee or a member of the employee's immediate family has a financial interest, shall make this fact known to his or her immediate supervisor and a person designated by the agency head, in writing, at the earliest possible moment. Unless a waiver of the conflict of interest is granted by BEGA pursuant to D.C. Official Code § 1-1162.23(b), the head of the employing District government agency subsequently shall determine whether or not the employee must divest him or herself of such interest, or merely disqualify him or herself from taking part in any official decision or action involving the matter.

1805.10

(a) Notwithstanding any other provision of this chapter, a covered public official may serve as an honorary chair or honorary member of a nonprofit entity’s fundraising event, so long as the purpose for which funds are raised is a nongovernmental bona fide charitable activity benefiting the covered public official’s agency’s mission, or, in the case of the Mayor, the District of Columbia.

(b) Use of a covered public official’s name or title in fundraising solicitations or announcements of general circulation shall be in accordance with such terms and limitations as prescribed, in writing, by (1) the Mayor, in the case of the Mayor of the District of Columbia; (2) the Board of Library Trustees of the District of Columbia Public Library, in the case of the Executive Director of the District of Columbia Public Library; (3) the Attorney General for the District of Columbia, in the case of the Office of the Attorney General for the District of Columbia; or (4) the State Board of Education, in the case of the members of the State Board of Education.

(c) The authority granted by this subsection shall not extend to the use of the covered public official’s name, title, or organization in solicitations made directly to individual contributors.

(d) The authority granted by this subsection to the Attorney General, Executive Director of the District of Columbia Public Library, and members of the State Board of Education may not be delegated.

(e) For purposes of this subsection, the term “covered public official” means the:

Mayor of the District of Columbia;

Attorney General for the District of Columbia;

Executive Director of the District of Columbia Public Library; and

Members of the State Board of Education.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014); as amended by Final Rulemaking published at 67 DCR 0897 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1805

6-B DCMR § 1806 Restrictions on the Employment of Relatives (NEPOTISM)

1806.1 In accordance with the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115; D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended (Pub. L. 90-206; 5 USC § 3110), this section restricts the hiring and advancing of relatives by public officials.

For purposes of this section, the following meanings apply:

“Public official” means an officer, employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

A “hiring decision” means selecting, appointing, employing, promoting, reassigning, advancing, or advocating a personnel action.

A public official may not directly or indirectly make a hiring decision regarding a position within his or her own agency with respect to a relative. Specifically, a public official may not appoint, employ, promote, evaluate, interview, or advance (or advocate for such actions) any individual who is a relative in an agency in which the public official serves or exercises jurisdiction or control. A violation of this subsection shall constitute disciplinary cause and subject the public official to disciplinary action, up to, and including removal.

Any hiring decision secured or effectuated in violation of this section shall be rescinded immediately.

In addition to any other remedies available pursuant to law, including penalties imposed by the Office of Government Ethics, a public official who violates Subsection 1806.3 shall pay restitution to the District of Columbia for any gains received by the relative.

When the agency contemplates making a hiring decision concerning a relative of a public official within the same agency, the public official must file a written recusal, which shall be included in the relative’s official personnel file along with the subject personnel action.

1806.7 In the event of emergencies resulting from natural or manmade disasters, the Mayor may suspend the prohibitions of this section, as permitted by the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115 (D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended (Pub. L. 90-206; 5 USC § 3110(d)).

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014); as amended by Final Rulemaking published at 67 DCR 0897 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1806

6-B DCMR § 1807 Outside Employment and Private Representations

A District government employee shall not engage in any outside employment or other activity incompatible with the full and proper discharge of his or her duties and responsibilities. Activities or actions that are not compatible with government employment include, but are not limited to the following:

(a) Engaging in any outside employment, private business activity, or other interest that is reasonably likely to interfere with the employee's ability to perform his or her job, or which may impair the efficient operation of the District government;

(b) Using government time or resources for other than official business, or government approved or sponsored activities;

(c) Ordering, directing, or requesting subordinate officers or employees to perform during regular working hours any personal services not related to official District government functions and activities;

(d) Maintaining financial or economic interest in or serving (with or without compensation) as an officer or director of an outside entity if there is any likelihood that such entity might be involved in an official government action or decision taken or recommended by the employee;

(e) Engaging in any outside employment, private business activity, or interest which permits an employee, or others, to capitalize on his or her official title or position;

(f) Divulging any official government information to any unauthorized person or in advance of the time prescribed for its authorized issuance, or otherwise making use of or permitting others to make use of information not available to the general public;

(g) Engaging in any outside employment, private business activity, or other interest which might impair an employee's mental or physical capacity to such an extent that he or she can no longer carry out his or her duties and responsibilities as a government employee in a proper and efficient manner;

(h) Serving in a representative capacity or as an agent or attorney for any outside entity involving any matter before the District of Columbia, except as permitted by Subsection 1807.6 or 1807.7; or

(i) Engaging in any outside employment, private business activity, or other interest which is in violation of federal or District law.

A District government employee may receive compensation for engaging in teaching activities, writing for publication, consultative activities, and speaking engagements that are not prohibited by law, regulation, or agency standards, only if such activities are conducted outside of regular working hours, or while the employee is on annual leave, compensatory leave, exempt time off, or leave without pay.

The information used by an employee engaging in an activity under Subsection 1807.2 of this section shall not draw on official data or ideas which have not become part of the body of public information, except nonpublic information that has been made available on request for use in such capacity, or unless the agency head gives written authorization for use on the basis that its use is in the public interest.

If the employee receives compensation or anything of monetary value for engaging in an activity under Subsection 1807.2 of this section, the subject matter shall not be devoted substantially to the responsibilities, programs, or operations of his or her agency, to his or her official duties or responsibilities, or to information obtained from his or her government employment.

An employee who is employed for not more than one hundred thirty (130) days during any period of three hundred sixty-five (365) consecutive days, to perform temporary duties, either on a full-time or intermittent basis, shall be subject to Subsection 1807.1(h) of this section only in relation to a particular matter involving specific parties in which he or she has at any time participated personally and substantially as a District government employee, or which is pending before his or her employing agency.

Nothing in this section shall prevent an employee from acting without compensation as agent or attorney for another District employee who is the subject of any personnel action, if not inconsistent with his or her duties.

Nothing in this chapter shall prevent an employee from acting, with or without compensation, as agent or attorney for his or her parent(s), spouse, domestic partner, child, or any person for whom, or for any estate for which, he or she is serving as guardian, executor, administrator, trustee, or other personal fiduciary except in those matters in which he or she has participated personally and substantially as a government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of the employee's official responsibility, provided that the government official responsible for appointment to the employee's position approves. This provision shall not abridge a government attorney’s responsibilities under the District of Columbia Rules of Professional Conduct.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1807

6-B DCMR § 1808 Government Property

An employee has a duty to protect and conserve government property and shall not use such property, or allow its use, for other than authorized purposes.

For purposes of this section the following definitions apply:

“Government property” includes any form of real or personal property in which a federal, District, state, or local government agency or entity has an ownership, leasehold, or other property interest as well as any right or other intangible interest that is purchased with government funds, including the services of contractor personnel. The term includes office supplies, telephone and other telecommunications equipment and services, the government mails, automated data processing capabilities, printing and reproduction facilities, government records, and government vehicles.

“Authorized purposes” are those purposes for which government property is made available to members of the public or those purposes authorized by an agency head in accordance with law or regulation.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1808

6-B DCMR § 1809 ADDITIONAL STANDARDS

Each subordinate and independent agency of the District government may prescribe additional standards of ethical conduct and reporting requirements that are appropriate to the particular functions and activities of the agency, which are not inconsistent with law or this chapter.

Additional standards of ethical conduct must be approved prior to implementation as follows:

Proposed standards shall be submitted to the Director of Government Ethics in writing for comment, if any;

Following receipt of any comments from the Director of Government Ethics, or the expiration of no fewer than fifteen business (15) days, the proposed standards shall be submitted to the Department of Human Resources electronically for approval;

Once approved, the proposed standards shall be transmitted to any implicated labor organization for review; and

Following approval by the Department of Human Resources and any appropriate review by a labor organization, the standards shall be published to the impacted employees.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1809

6-B DCMR § 1810 Public Reporting and Confidential Disclosure of Financial Interests

This section implements the financial interest disclosure requirements set forth in Section 224 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act”), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1162.24 and 1-1162.25).

At the time of hire, each personnel authority shall provide each employee with a copy, whether in hard copy or electronic form, of the BEGA ethics manual, inclusive of the Code of Conduct.

No later than 90 days after commencement of employment, all required filers, as defined in Section 1899, shall certify that they have undergone ethics training developed or approved by the Board of Government Ethics and Accountability.

Filers shall certify on an annual basis that they have completed at least one ethics training program within the previous year.

In accordance with Sections 1804 and 1806, no employee shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.

For purposes of public reporting and confidential financial disclosures:

Each agency head shall provide to BEGA, no later than March 1st of each year, a list of all public officials within the agency, as defined by the Ethics Act. The list shall include the name, title, position, grade, home address, work email address (or personal email address if available and the employee no longer works for the agency), and work telephone number (or personal telephone number if available and the employee no longer works for the agency).

Each agency head shall identify any employee other than a public official, who advises, makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, policy-making, regulating or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest as determined by the appropriate agency head. Advisory Neighborhood Commissioners shall also file the report required by this section.

On or before April 15th of each year, each agency head shall notify each designated person (“designees”) in the agency of their requirement to submit a confidential disclosure of financial information (“confidential report”) pursuant to Paragraph (a) of this subsection.

On or before May 1st of each year, each agency head shall supply the list of designees to the Office of Government Ethics.

Each designee shall file with their agency head a report containing a full and complete statement of the information required by D.C. Official Code § 1-1162.24 on or before May 15th of each year.

When an agency head questions whether a specific individual should be designated pursuant to Subsection 1810.4, the matter shall be referred to the Director of Government Ethics for final resolution.

Designees shall be notified in writing of the following:

(a) That he or she has been designated; and

(b) That he or she may request a review of the designation by the agency head within five (5) days.

Designees may request a review of their designation as follows:

(a) An employee may submit a written request for review to the agency head within five (5) days of written notification of the designation;

(b) The agency head shall make a redetermination, in writing, within five (5) days of receipt of the request; and

(c) The agency head's redetermination denying requested relief shall be appealable, in writing, within five (5) days of receipt of the notice of denial to the Director of Government Ethics.

The decision of the Director of Government Ethics respecting the designation shall be in writing and shall be issued within five (5) days of receipt and shall be final.

The agency head or his or her designee shall review each employee's confidential report and each supplementary statement and, on or before June 1st of each year, shall certify or otherwise report to the Office of Government Ethics, indicating whether or not designees have filed the required report, and if not, shall provide a list of those designees who have failed to submit the required report. This report shall include information about successful and pending designation appeals.

Confidential reports of employees shall be reviewed by the agency head or his or her designee. Any apparent violation of the Code of Conduct shall immediately be forwarded to the Office of Government Ethics.

Confidential reports constitute a record and shall be maintained by the BEGA for a period no less than six (6) years.

An employee who has been designated to submit a confidential report shall provide the information specified in this section.

Each employee required to submit a confidential report shall be provided with the statement and its instructions by the person designated by the agency head.

Notwithstanding the filing of the annual statement required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions of 18 U.S.C. § 208 or this chapter.

The interest (that is, any reportable interest specified in Subsections 1810.17 through 1810.21 of this section) of a member of an employee's immediate household shall be considered to be an interest of the employee.

If any information required to be included on a confidential report or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information on his or her behalf.

A person who is providing services to a District agency without compensation under the provisions of Section 4000 (Utilization of Voluntary Services) of these regulations shall be required to submit a confidential report if it is determined by the agency head that the volunteer's assignment is comparable to a position covered by this chapter requiring the submission of a confidential report.

Each designated employee shall provide the following information pertaining to creditors:

(a) The names and addresses of his or her creditors other than those to whom he or she may be indebted by reason of a mortgage on property which he or she occupies as a personal residence or to whom he or she may be indebted for current and ordinary household and living expenses such as household furnishings, automobile, education, vacation, and similar expenses; and

(b) The character of the indebtedness, for example, personal loan, note, or security.

Each designated employee shall provide the following information pertaining to interest in real property:

(a) List his or her interest in real property or rights in lands, other than property which he or she occupies as a personal residence;

(b) State the nature of the interest, for example, ownership, mortgage, lien, vestment, or trust;

(c) Identify the type of property, for example, residence, hotel, apartment, farm, or undeveloped land; and

(d) Give the address of the property (if rural, give RFD, county, and state).

Each designated employee shall expressly indicate whether any person or entity identified in accordance with Subsections 1810.19 and 1810.20 of this section is (a) engaged in doing business with the District government or (b) regulated by any agency of the District government, except as to any licensing requirement under applicable law. If any change occurs regarding such persons or entities after the filing of an annual statement, the employee shall furnish the updated information by submission of a supplementary statement within ten (10) days of learning of the commencement or cessation of the business activity or the regulatory function.

For purposes of Subsection 1810.21 of this section, a person or entity shall be deemed to be doing business with the District government if a contract or agreement has been formally entered into for supplying goods or services, including contracts for construction, to the District, or for extending a leasehold interest to the benefit of the District.

If any information is to be supplied by other persons, for example, a trustee, attorney, accountant, or relative, the employee shall indicate the following information:

The name, title, company name (if appropriate), and address of each other person;

The date on which the information was requested by the employee to be supplied; and

(c) The nature of the subject matter involved.

In responding to the requests for information required under Subsections 1810.25 through 1810.23 of this section, the employee shall write "none," if applicable.

The employee shall sign and date the confidential report, certifying the following:

That he or she has received and read the instructions and the prohibitions pertaining to conflicts of interest as they relate to his or her employment;

That, to the best of his or her knowledge and belief, he or she has no outside employment or other business interest other than the interests specifically listed and identified in accordance with Subsections 1810.19 through 1810.24 of this section; and

(c) That the statements he or she provided are true, complete, and correct to the best of his or her knowledge and belief.

Each employee shall submit a supplementary statement disclosing any additional financial interests not previously disclosed in the employee's annual report within ten (10) days of his or her commencement of any previously unreported outside employment, acquisition of financial or real property interests, or agreement of indebtedness, in the same manner and to the same extent as specified for the submission of annual reports required by this section.

When an employee identifies a person or entity in accordance with Subsections 1810.21 and 1810.22 of this section as either not engaged in doing business with the District government or not regulated by any agency of the District government and thereafter the person or entity commences either to do business with or to become subject to regulation by the District, the employee, within ten (10) days after learning of the commencement of the business or regulatory function, shall notify in writing his or her immediate supervisor and submit a supplementary report identifying the change in status.

Each employee required by this section to submit an annual statement shall notify his or her immediate supervisor in writing immediately whenever an assignment is given the employee which may directly or indirectly affect any person or entity identified by the employee in accordance with Subsections 1810.19 through 1810.27 of this section.

Upon notification under Subsection 1810.28 of this section, the supervisor may reassign the matter in the event of a conflict of interest or the appearance of a conflict of interest when, in the discretion of the supervisor, a reassignment is warranted under the circumstances.

After the employee has been notified by the supervisor that reassignment is warranted, the employee shall submit a written recusal from the matter, which shall be maintained by the agency head.

An employee may receive a waiver and work on a matter in which he or she has a conflict of interest, if he or she has received a waiver pursuant to Section 223 of the Ethics Act (D.C. Official Code § 1-1162.23) and the written approval of his or her agency head or designee.

History

• SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1810

6-B DCMR § 1811 Post-Employment Conflict of Interests

District employees shall comply with the provisions of 18 U.S.C. § 207 and implementing regulations set forth at 5 C.F.R. Part 2641, Subparts A and B.

District government employees and public officials are subject to certain provisions of the federal criminal conflict of interest provisions set forth in 18 U.S.C. §§ 201-216. Questions regarding the application of 18 U.S.C. § 207, 5 C.F.R. Part 2641, or these regulations, to specific factual circumstances, may be addressed to the Board of Government Ethics and Accountability.

A former government employee shall be permanently prohibited from knowingly acting as an attorney, agent, or representative in any formal or informal appearance before an agency as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.

A former government employee shall be permanently prohibited from making any oral or written communication to an agency with the intent to influence that agency on behalf of another person as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.

A former government employee shall be prohibited for two (2) years after terminating District government employment from knowingly acting as an attorney, agent, or representative in any formal or informal matter before an agency if he or she previously had official responsibility for that matter.

For purposes of Subsection 1811.5 of this section, a matter for which the former government employee had official responsibility is any matter that was actually pending under the former employee's responsibility within a period of one (1) year before the termination of such responsibility.

The two-year (2-year) restriction period in Subsection 1811.5 of this section shall be measured from the date when the former employee's responsibility for a particular matter ends, not from the termination of government service, unless the two (2) occur simultaneously.

A former employee shall be prohibited for two (2) years from knowingly representing or aiding, counseling, advising, consulting, or assisting in representing any other person (except the District of Columbia) by personal appearance before an agency as to a particular government matter involving a specific party if the former employee participated personally and substantially in that matter as a government employee.

The two-year (2-year) period in Subsection 1811.8 of this section shall be measured from the date of termination of employment in the employee position held by the former employee when he or she participated personally and substantially in the matter involved.

A former employee (other than a special government employee who serves for fewer than one-hundred and thirty (130) days in a calendar year) shall be prohibited for one (1) year from having any transactions with the former agency intended to influence the agency in connection with any particular government matter pending before the agency or in which it has a direct and substantial interest, whether or not such matter involves a specific party.

The restriction in Subsection 1811.10 of this section is intended to prohibit the possible use of personal influence based on past governmental affiliations to facilitate the transaction of business. Therefore, the restriction shall apply without regard to whether the former employee had participated in, or had responsibility for, the particular matter, and shall include matters which first arise after the employee leaves government service.

The restriction in Subsection 1811.10 of this section shall apply whether the former employee is representing another or representing him or herself, either by appearance before an agency or through communications with that agency.

Communications from a former government employee shall be exempt from these prohibitions if he or she communicates with his or her agency solely to furnish scientific or technological information under procedures acceptable to the agency concerned.

Nothing in these regulations shall prevent a former government employee from giving testimony under oath, or from making statements required to be made under penalty of perjury.

A former government employee may be exempted from the restrictions on post-employment practices if the Mayor (or designee), in consultation with the federal government’s Director of the Office of Government Ethics, executes a certification published in the D.C. Register. The certification shall state that the former government employee has outstanding qualifications in a scientific, technological, or other technical discipline; is acting with respect to a particular matter which requires such qualifications; and the interest of the District of Columbia would be served by such former government employee's participation.

The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances, communications, or representation concerning new matters by a former employee if the former employee is an elected official of a state or local government and is acting on behalf of that government, or is regularly employed by and acting on behalf of an agency or instrumentality of federal, state, or local government; an accredited, degree-granting institution of higher education; or a non-profit hospital or medical research organization.

The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances or communications by a former employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits, or the application of these regulations to an undertaking proposed by a former employee. A former employee also may appear pro se (on his or her own behalf) in any litigation or administrative proceeding involving the individual's former agency.

The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not prevent a former employee from making or providing a statement, which is based on the former employee's own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses.

History

• SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1811

6-B DCMR § 1812 [REPEALED]

History

• SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1812

6-B DCMR § 1813 [REPEALED]

History

• SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1813

6-B DCMR § 1814 [REPEALED]

History

• SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1814

6-B DCMR § 1815 [REPEALED]

History

• SOURCE: Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1815

6-B DCMR § 1816 [REPEALED]

History

• SOURCE: Final Rulemaking published at 40 DCR 8358 (December 3, 1993); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1816

6-B DCMR § 1899 DEFINITIONS

1899.1 In this chapter, the following terms have the meaning ascribed:

Agency – any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” also includes any unit of the District of Columbia created or organized by the Council of the District of Columbia as an agency.

Code of Conduct – those provisions contained in the following:

(a) The Code of Official Conduct of the Council of the District of Columbia, as adopted by the Council;

(b) Sections 1801 through 1802 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-618.01);

(c) Section 2 of the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Official Code § 2-701 et seq.);

(d) Section 416 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.16);

(e) Chapter 18 of Title 6-B of the District of Columbia Municipal Regulations;

(f) Subtitles C, D, and E of Title II of the Ethics Act , and Subtitle F of Title III of the Ethics Act for the purpose of enforcement by BEGA of violations of Section 338 of the Ethics Act that are subject to the penalty provisions of Section 221 of the Ethics Act .

Days – calendar days, unless otherwise specified.

Filers – any person required to file financial disclosure, honoraria, and confidential disclosure of financial interest reports, as applicable, pursuant to D.C. Official Code §§ 1-1162.24 and 1-1162.25.

Former government employee – one who was and no longer is an employee or

official of the District government.

Employee/Government Employee - an individual who performs a function of the District government and who receives compensation for the performance of such services (D.C. Official Code § 1-603.01(7)), or a member of a District government board or commission, with or without compensation (D.C. Official Code § 1-602.02(3)). It does not include an individual performing services for the District government as an independent contractor under a personal services contract.

Immediate household – consists of the employee's spouse and blood relations who are full-time residents of the employee's household, and the employee's minor children, irrespective of residence.

Official responsibility – the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, personally or through subordinates, to approve, disapprove, or otherwise direct governmental action.

Particular government matter involving a specific party – any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter in which the District government is a party or has a direct and substantial interest, and which has application to one (1) or more specifically identified persons or entities.

Person – an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

Public official -- a candidate for nomination for election, or election, to public office; the Mayor, Chairman, and each member of the Council of the District of Columbia holding office under the Home Rule Act; the Attorney General; a Representative or Senator elected pursuant to Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Official Code § 1-123); an Advisory Neighborhood Commissioner; a member of the State Board of Education; a person serving as a subordinate agency head in a position designated as within the Executive Service; a member of a board or commission listed in Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(e)); a District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and any additional employees designated by rule by BEGA who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest.

Relative - with respect to a public official, an individual who is related to the public official as a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Remedial action – an action taken for the purpose of correcting a problem or issue.

Special government employee – any officer or employee of an agency who is retained, designated, appointed, or employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not to exceed one hundred and thirty (130) days during any period of three hundred and sixty five (365) consecutive days.

Supervisor – an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The definition of supervisor shall include an incumbent of a position which is classified at a level higher than it would have been had the incumbent not performed some or all of the above duties.

History

• SOURCE: Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014); as amended by Final Rulemaking published at 67 DCR 0897 (January 31, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1899

6-B19 INCENTIVE AWARDS

6-B DCMR § 1900 POLICY

1900.1 This chapter provides the rules for incentive awards in accordance with Title XIX of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-619.01 et seq.) (2006 Repl.).

1900.2 It is the policy of the District government to recognize and reward employees whose performance is exemplary with monetary incentive awards and non-monetary incentive awards, including tangible and time off awards; and encourage District government agencies to only use incentive awards as a management tool to reward employee results and accomplishments supportive of and consistent with their agency’s mission and operating goals.

1900.3 An incentive award or a combination of categories of incentive awards may be given to an employee for a suggestion, an invention, a superior accomplishment, length of service, or other meritorious effort that contributes to the efficiency, economy, or otherwise improves the operations of the District government.

1900.4 It is specifically not the policy of the District government to grant awards to employees for the performance of their normal work duties; accomplishments that are routine and within the duties outlined on their position description; or behavior that is generally expected of District government employees. It is also not the policy of the District government to grant awards to employees who have exhibited behavior problems within the past year, such as excessive absenteeism, tardiness, or insubordination.

1900.5 Honorary awards may be given to District government employees, citizens, or residents who make significant contributions to the public good or submit ideas or inventions that materially benefit the District of Columbia.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1901 APPLICABILITY

1901.1 This chapter applies to only full-time and part-time employees of the District government (except where citizens and residents of the District of Columbia may receive honorary awards), and specifically excludes:

(a) The Mayor and members of the Council of the District of Columbia;

(b) Members of boards and commissions as specified in section 202 (b) and

(c) of the CMPA (D.C. Official Code §§ 1-602.2(2) and (3)) (2006 Repl.);

(c) Chief judges, associate judges, and non-judicial personnel of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals;

(d) Employees of District government agencies with rulemaking authority; and

(e) Employees appointed to the Executive Service.

1901.2 Uniformed members of the Metropolitan Police Department (MPD) and Fire and Emergency Medical Services Department (FEMSD) are eligible to receive incentive awards authorized in this chapter in addition to any other special awards authorized for such employees by separate MPD or FEMSD regulations or policies.

1901.3 The provisions of a collective bargaining agreement regarding incentive awards or any other special awards shall take precedence over the provisions of this chapter for employees covered by the agreement, to the extent that there is a difference.

1901.4 To be eligible for payment of a monetary award, an employee must be actively employed by the District government at the time of the award’s payment. Payment for an individual who has separated, retired, or for any other reason, is no longer a current employee at the time the payment of the incentive award would have been paid is strictly prohibited. Exceptions to this policy shall only be made by the Mayor or the City Administrator.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 52 DCR 4430 (May 6, 2005); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1902 CLASSES OF INCENTIVE AWARDS

1902.1 A personnel authority may authorize the granting of any of the following categories of incentive awards, as specified in this chapter:

(a) The following categories of Monetary Awards:

(1) Exemplary Performance Awards;

(2) Special Act or Service Awards;

(3) Suggestion or Invention Awards;

(4) Safe Driving Awards;

(5) Instant Cash-In-Your Account Awards; and

(6) Retirement Awards;

(b) The following categories of Non-Monetary Awards:

(1) Tangible Item Awards;

(2) Time-Off Awards;

(3) Honorary Awards; and

(4) Length of Service Awards; and

(c) Group Awards.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 52 DCR 4430 (May 6, 2005); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1903 GENERAL PROVISIONS

1903.1 It is the responsibility of each agency to determine when an employee’s performance warrants recognition and the nature of any reward under this chapter. The D.C. Department of Human Resources (DCHR) shall process nominations for payment of incentive awards, maintain associated records, and review awards for compliance with this chapter and policies and procedures, but each agency is expected to determine the conditions that will govern incentive awards and manage the decision process for its employees. The DCHR will only provide analysis on the use of the incentive awards to the Mayor, Council of the District of Columbia (Council), and City Administrator.

1903.2 Monetary awards based on exemplary performance during the previous year will be distributed after the following procedures have occurred:

(1) Completion of annual performance review on the employee (October/November);

(2) Formation, meetings, and decision of the Agency Incentive Awards Committee (Committee), which should include members of the agency’s managerial staff. Agencies are free to structure their committees as they see fit in accordance with guidelines in this chapter, and it is recommended that each agency convene a committee of managers to review employees’ nominations and approve the recipients and the amount of each award. The Committee should be chaired by the agency head (or designee) plus at least two (2) to four (4) other members designated by the agency head. Each member of the Committee shall be a Management Supervisory Service or Excepted Service employee and shall serve in the Committee for a two-year (2-year) period;

(3) Review by the Committee of the previous fiscal year’s goal achievements, as specified in the agency’s strategic plan and performance metrics;

(4) Incentive awards’ fund distribution from the City Administrator and certification by the agency’s Chief Financial Officer; and

(5) Payment of awards no later than the 2nd quarter of the fiscal year.

1903.3 An employee shall not receive more than one (1) monetary award in a twelve-month (12-month) period. The agency requesting the incentive award, the agency’s Chief Financial Officer, and agency head are responsible for the proper application of the regulations and analysis of eligibility.

1903.4 A monetary award may only be granted to an employee for a single contribution, including exemplary performance contributions. This award type may be granted in combination with a tangible item award, a time off award, an honorary award, or any combination thereof. However, the total monetary value of incentive awards given to an employee for any single contribution in a fifty-two week (52-week) period may not exceed five thousand dollars ($5,000) or ten percent (10%) of an employee’s scheduled rate of basic pay, whichever is greater. Any award submission by the agency over five thousand dollars ($5,000) will be sent to the City Administrator or designee for approval.

1903.5 The disbursal of funds following approval of a tangible item or a monetary award shall be subject to the availability of funds. Agency heads shall be responsible for managing incentive awards within the allocated budget for the agency. The budget allocation will be determined by the Mayor and the City Administrator, not the agency, based on predefined criteria (e.g., 1% of aggregate salaries; .05% of aggregate salaries for agencies not meeting previous fiscal year goals).

1903.6 The signature of the agency’s Chief Financial Officer on a monetary award recommendation shall certify that funds are available in the fiscal year for which the monetary award is recommended. Even though some incentive awards may be issued for work performed in the previous fiscal year, the City Administrator shall budget prospectively in the funding of the award pool. Processing of a monetary award will not occur if proper documentation and agency Financial Officer and other required signatures are not submitted to the DCHR and the Office of Pay and Retirement Services (OPRS).

1903.7 Failure to receive an incentive award or a specific amount for a monetary award may not be grieved or appealed.

1903.8 Awards sent to the City Administrator or designee may be reduced or denied and cannot be grieved or appealed.

1903.9 Acceptance of a monetary award constitutes an agreement that the use by the District government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the District government by the employee, his or her heirs, or assigns.

1903.10 Monetary awards are in addition to the regular pay of the recipient, and are subject to the withholding of income taxes. The taxes must be deducted from the award, and the amount of the award may not be adjusted upward to cover taxes.

1903.11 Annual employee performance ratings are subject to the provisions of Chapter 14 of the regulations, and are not incentive award entitlements under this chapter, even though the performance rating may be considered as a basis for an incentive award. Performance ratings may be considered to determine eligibility for an award, but the award justification must be based on exemplary performance related to tangible/measurable goals.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1904 MONETARY AWARDS

1904.1

(a) Monetary awards listed in section 1902.1 (a)(1) through (6) of this chapter shall be granted as provided in this section.

(b) Acceptance of a monetary award constitutes an agreement that the use by the District government of the idea, method, or device for which the award was granted does not form the basis for a claim of any nature against the District government by the employee, his or her heirs, or assigns.

(c) Monetary awards under this chapter shall not be considered base pay for any purpose, and shall be subject to the withholding of federal, District of Columbia, or state income taxes, and social security taxes, if applicable. The amount of a monetary award shall not be adjusted upward to cover these taxes.

1904.2 Exemplary Performance Awards are governed by the following:

(a) An Exemplary Performance Award may be granted to an employee for performance accomplishments related to assigned job tasks in a manner that significantly exceeds satisfactory performance requirements for the employee’s official position and which has contributed to the success of the agency and the District government in meeting their performance goals for the fiscal year. All award nominations will be made following the end of the fiscal year and paid out of the new fiscal year’s budget, which will be funded through the City Administrator’s office. Independent personnel authorities subject to this chapter are responsible for their own funding, and for establishing procedures for the payment of monetary awards. Submission of policies and procedures shall be published publicly and formally adopted by the independent personnel authority before any payments are processed by the OPRS.

(b) Each Agency Incentive Awards Committee (Committee) shall convene to review employee nominations for this award, and approve the recipients and the amount of each award. The list of the awards approved by the agency will be submitted to the DCHR for final review and reported to the Mayor, City Administrator, and the Council.

(c) It is expected that each nomination will include a written explanation documenting the nature of the accomplishment and proper forms as established by the DCHR or independent personnel authority. There must be clear evidence that a nomination for an Exemplary Performance Award involves performance above and beyond what is normally expected in the employee’s position, and that the Committee has reviewed the nomination. Each agency may establish its own criteria for this award, subject to the review and approval by the DCHR.

(d) Exemplary Performance Award may be made in addition to a non-monetary award, including honorary awards.

(e) All Exemplary Performance Awards will be paid from a budgeted pool set aside for this purpose in each agency’s operating budget for the fiscal year equivalent to 1% (or any other amount determined by Mayor or the City Administrator) of the aggregated salaries for the agency. If an agency fails to achieve a satisfactory level of achievement relative to previously prescribed agency goals, the budgeted pool set aside for the agency shall be reduced by 50%, and the number or amount of individual awards will be reduced to conform within the budget. Transmittal of funds will be the responsibility of the Chief Financial Officer.

(f) An Exemplary Performance Award shall not exceed a maximum of ten percent (10%) of the employee’s scheduled rate of basic pay or five thousand dollars ($ 5,000), whichever is greater.

(g) An agency may use either the “basic scale” or the “percentage scale” in this subsection to determine the amount of an Exemplary Performance Award.

(h) The amount of an Exemplary Performance Award may be determined by using the following basic scale, except the award amounts may be limited by the budget for these awards:

Grade Level

Amount of Award (District Service Schedule or Equivalent)※

Amount of Award (Management Supervisory Service Schedule)

1-4

Up to $800

N/A

5-8

Up to $1200

N/A

9-11

Up to $1600

Up to $1600

12-13

Up to $2300

Up to $3000

14 and above

Up to $ 3400

Up to $ 5000

(i) For purposes of determining the percentage of this award for an employee, the amount of the award shall be calculated on the employee’s scheduled rate of basic pay during the performance rating period in which the performance contribution was made. The following percentage scale shall be used and the documentation specified therein provided with the submission recommending the award:

Performance Rating

(Performance Management

Program)

Performance Rating

(Performance Evaluation c

Variable Award Percentage

A performance rating of “Significantly

A performance rating of “Outstanding;”

6 - 10%

Exceeds Expectations” (Level 5); and a written justification relating to meeting agency and District government goals demonstrating “exemplary performance;” and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter

and written justification relating to meeting of agency and District government goals demonstrating “exemplary performance;” and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter

A performance rating of “Exceeds Expectations” (Level ); and a written justification relating to meeting of agency and District government goals demonstrating “exemplary

performance;” and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter

A performance rating of “Excellent;” and written justification relating to meeting of agency and District

government goals demonstrating “exemplary performance;” and review

by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter

1 - 6%

1904.3 Special Act or Service Awards are governed by the following:

(a) A Special Act or Service Award may be granted to an employee who, while on duty, makes a significant contribution to the District government by a one-time (1-time), non-recurring act or service without limitation as to time duration of the act or service.

(b) Such special act or service may include but is not necessarily limited to the performance of a temporary assignment of the duties of a position, in addition to the employee’s position, and with a performance level of the duties of both positions within prescribed criteria in this chapter; performance of unusual duties for limited periods; exemplary or courageous handling of an emergency situation in connection with the performance of assigned duties; and any such other special acts or services as may be specified in criteria established by the personnel authority. This award category shall not be used to reward year round exemplary performance, which is covered under the Exemplary Performance Awards in section 1904.2 of this section.

(c) A Special Act or Service Award may be made in addition to a non-monetary award, including honorary awards established in this chapter.

(d) The recommendation for a Special Act or Service Award shall be accompanied by a written justification that clearly describes all of the following:

(1) The duration and location of the one-time (1-time), non-recurring act or service;

(2) The specific action or actions taken by the employee to warrant the recommendation for the award;

(3) The outcome or outcomes that occurred as a direct result of the act or service; and

(4) The significant benefit which citizens, residents, or the District government derived from the act or service.

(e) For the purpose of determining the amount of a Special Act or Service Award for an employee, the amount of the award shall be calculated using the employee’s rate of basic pay during the performance rating period in which the performance contribution was made. The amount of this award may be in the range between 1% and 10% of the employee’s rate of basic pay; the exact percentage to be determined by the agency, with the approval of the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter. The performance rating of an employee considered for a Special Act or Service Award shall be at least satisfactory.

(f) A Special Act or Service Award may be made in addition to a non-monetary award, including honorary awards described in section 1905 of this chapter.

1904.4 Suggestion or Invention Awards are governed by the following:

(a) A Suggestion or Invention Award may be granted to an employee for an improvement that benefits the District government. The employee shall submit the suggestion or invention to management in writing, and it shall be approved in writing by management. This type of award shall not be granted for services and benefits to employees (e.g., vending machines), working conditions (e.g., office decorations), routine care of buildings and grounds, routine safety practices, changes as a result of employee complaints and grievances, or recommendations to enforce existing rules, regulations, or directives.

(b) The following formulas are to be used to determine the amount of a Suggestion or Invention Award:

Estimated Annual Benefits to

the District Government

Amount of Award

Up to $10,000

10% of benefits that are realized by the District

$10,001 to $100,000

$1,000 for the first $10,000 plus 3% of benefits that are realized by the District over $10,000

$100,000 or more

$3,700 for the first $100,000 plus .5% of the benefits that are realized by the District over $100,000, but not to exceed $25,000 for suggestions or inventions; or $5,000 or 10% of an employee’s scheduled rate of basic pay, whichever is greater, for all other awards.

1904.5 Safe Driving Awards are governed by the following:

(a) A Safe Driving Award may be granted to an employee whose primary function is driving a motor vehicle (rather than operation of equipment), who drives a minimum of four thousand (4,000) miles per year on open highways or streets; whose work performance is satisfactory, not only in driving, but also in other elements of his or her position; and who meets the safety and other requirements established by the personnel authority.

(b) A Safe Driving Award may be granted to an employee each year as long as the employee maintains his or her Safe Driving Record. If the Safe Driving Record is not maintained, the number of consecutive years of Safe Driving reverts to zero (0), and a new period of safe driving will begin.

(c) The amounts of a Safe Driving Award shall be as follows:

Years of Safe Driving

Amount

1 - 4

$100 for each safe driving year, awarded annually

5

$500

6 - 9

$500 plus $100 for each additional consecutive year

10

$1000

Over 10

$1000 plus $200 for each additional consecutive year

1904.6 Instant Cash-In-Your Account Awards are governed by the following:

(a) Employees will be eligible for Instant Cash-In-Your Account Awards for an accomplishment that goes beyond their everyday work expectations. The award may be given up to the amount of two hundred fifty dollars ($250). Each agency is responsible for the budgeting and administration of the awards.

(b) It is expected that each nomination will require a written explanation documenting the nature of the accomplishment and proper forms established by the DCHR or independent personnel authority. There must be clear evidence that a nomination involves performance above and beyond what is normally expected in the employee’s position and must be reviewed by the Agency Incentive Awards Committee. Each agency may establish its own criteria for the granting of this award, subject to the review and approval by the DCHR.

(c) Employees may be nominated by their immediate supervisor, another manager, or their co-workers, with the concurrence of the employee’s manager. All award nominations will be reviewed by the Agency Incentive Awards Committee. For auditing purposes, at the end of each fiscal year, each agency who has utilized this award will submit to the DCHR a list of employees granted the award and the amounts of each award granted.

(d) Nominations may be submitted and the awards may be paid at any time during the year. Award nominations should be made as soon after the accomplishment as the documentation can be prepared. Employees are limited to one (1) Instant Cash-In-Your Account Award per quarter of the fiscal year.

(e) The award amounts must be paid from each agency’s operating budget. The funding of these awards must be done by the individual agency and is outside of the allocated funding for other incentive awards such as Exemplary Performance or Group Awards.

1904.7 Retirement Awards are governed by the following:

(a) Notwithstanding any other provision of this chapter, a Retirement Award may be granted to an employee as described in subsection 1904.7 (e) below, subject to the approval of the Mayor or independent personnel authority, and as specified in this subsection. The purpose of Retirement Awards is to recognize the length of District government service of the recipients of the award as they end their careers with the District government via retirement.

(b) In requesting the granting of a Retirement Award, agencies shall consider factors such as the employee’s length of District government service and the employee’s overall record of performance throughout his or her career with the District government.

(c) A Retirement Award granted under this subsection shall not exceed fifty percent (50%) of an eligible employee’s annual rate of basic pay, or up to twenty five thousand dollars ($25,000), whichever is lower. Retirement Award payments shall be prorated in the case of part-time employees.

(d) In determining the amount of the Retirement Award, the following shall apply:

Length of District Government Service

Amount of Retirement Award

20 years or more

Up to $25,000

10 to 19 years

Up to $20,000

5 to 9 years

Up to $15,000

(e) The following categories of District government employees may be granted a Retirement Award:

(1) Except as specified in subsection 1904.7 (f)(2) below, an employee retiring under any of the retirement provisions of the Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code), including the law enforcement or firefighter provisions;

(2) An employee covered under the District government retirement system applicable to persons first employed by the District government after September 30, 1987 (Defined Contribution Plan) who has completed at least five (5) years of creditable service with the District government and has vested under the Defined Contribution Plan as provided in section 2610 of the CMPA (D.C. Official Code § 1-626.10) (2007 Supp.) and is separating from District government service after becoming entitled to retirement benefits under the Social Security Act; and

(3) An employee subject to these rules retiring under any of the other District government retirement systems.

(f) No Retirement Award shall be granted to:

(1) An employee who is in a position designated by the agency head as a critical position;

(2) An employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336 (d)(1), or under the disability retirement provisions of 5 U.S.C. § 8337;

(3) An employee who receives a proposal or a final decision notice of removal for cause;

(4) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; and

(5) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

(g) For the purposes of subsection 1904.7 (f)(1), the term “critical position” means a position whereby non-performance of the duties of the position would adversely affect the fulfillment of the mission or the function of an agency, office, or department, or any lesser organizational component.

(h) For the purposes of subsection 1904.7 (f)(4), the term “felony” means an offense that is punishable by a term of imprisonment that exceeds one (1) year or a fine of at least one thousand dollars ($1,000).

(i) The disbursal of funds for Retirement Awards shall be subject to the availability of funds within the employing agency, as certified by the agency’s Chief Financial Officer; the submission to the Mayor (or his or her designee), or independent personnel authority, of the agency proposal or plan for the awards, including a list of employees to whom the award would be granted and the amount of the award, and a list of critical positions, if any; the approval of the proposal or plan by the Mayor (or his or her designee) or independent personnel authority; and procedures issued by the Director, DCHR, or independent personnel authority for the granting of the awards authorized.

(j) Separate and apart from agency submissions of proposals or plans to grant Retirement Awards, the Mayor or independent personnel authority may establish a Retirement Award Program under this subsection during any given year. The Director, DCHR, or independent personnel authority shall issue procedures for each Retirement Award Program established.

(k) A Mayor’s Order shall be issued to establish a Retirement Awards Program, or authorize individual agencies to grant Retirement Awards, as applicable.

(l) A person who receives a Retirement Award under this subsection shall not be eligible for reemployment for compensation with the District government for five (5) years from the date of the retirement or separation on which the payment is based, or hired or retained as a sole source consultant or personal services contractor for five (5) years from the date of retirement or separation on which the payment is based, unless he or she repays the Retirement Award received if reemployed before the end of the five-year (5-year) period.

(m) Notwithstanding the provisions of subsection 1904.7 (l) above, and on a case by- case basis, the personnel authority may waive repayment of the retirement award when considering the reemployment of a person who received the payment, provided that:

(1) The proposed reemployment involves a person with unique knowledge, skills, or abilities and is the only qualified applicant available for the position; or

(2) In the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to resolving the emergency situation and will serve on a temporary basis for as long as his or her services are needed due to the specific emergency situation.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1905 NON-MONETARY AWARDS

1905.1 Non-monetary awards listed in section 1902.1 (b) (1) through (4) of this chapter shall be granted as provided in this section. A non-monetary award provides recognition to an employee for his or her contributions to a District government agency, and may range from a small merchandise award as described in section 1905.2 of this section, to an honorary award such as the Distinguished Service Award described in section 1905.5 (c) of this section.

1905.2 Tangible Item Awards are governed by the following:

(a) An employee may be granted a tangible item or items with a total monetary value of no more than fifty dollars ($50). A Tangible Item Award is an object such as a pin, plaque, or mug; a gift certificate worth monetary value; or a ticket to an activity or event worth monetary value, given to an employee to recognize a contribution to the District government on his or her part.

(b) Only one (1) Tangible Item Award may be granted for a single contribution on the part of an employee. An employee shall not receive more than one (1) Tangible Item Award in a six-month (6-month) period.

(c) Subject to the provisions in section 1903.1 of this chapter, a Tangible Item Award may be granted in addition to or in lieu of any other category of incentive award authorized by this chapter, including honorary awards for employees described in section 1905.5 of this section.

(d) Each agency shall inform the District Department of Human Resources of its use of tangible awards and submit their internal policy for official filing purposes.

1905.3 Time-Off Awards are governed by the following:

(a) Time off without loss of pay or charge to leave may be granted as an incentive award pursuant to the provisions of this section to recognize employee contributions that do not meet the threshold criteria for monetary awards.

(b) In order to be eligible to receive this award, an employee must have made a noteworthy contribution to the success of the District government and the attainment of the individual agency’s goal. This may include timely completion of a project; extended periods of hours worked beyond the normal workday to complete a project (without additional compensation or other granted time off); demonstration of unusual creativity or innovation in solving a work-related problem; or a substantial improvement in individual performance that required the employee to invest personal time in acquiring new knowledge or skills.

(c) A personnel authority may delegate its authority under this section. For agencies under the personnel authority of the Mayor, this authority is delegated to managers and supervisors who have been delegated the authority to approve the leave of an employee pursuant to Chapter 12 of these regulations.

(d) Only one (1) Time-Off Award, not to exceed forty (40) hours of time off, may be granted for a single contribution on the part of the employee. The number of hours granted to an employee as a Time-Off Award shall not be based on the employee’s rate of basic pay, but shall be based on the value of the employee’s contribution.

(e) An employee shall not receive more than one (1) Time-Off Award in a six month (6-month) period.

(f) An employee shall meet job performance expectations and have a satisfactory level of attendance during the twelve (12) months prior to being recommended for a Time-Off Award.

(g) Subject to the provisions of this chapter, a Time-Off Award may be granted in addition to or in lieu of any other category of incentive award authorized by this chapter, including monetary awards described in section 1904 of this chapter and honorary awards for employees described in section 1905.4 of this section.

1905.4 Honorary Awards for citizens and residents are governed by the following:

(a) Consistent with section 1900 of this chapter, the Mayor and other personnel authorities may grant honorary awards for citizens and residents.

(b) An Honorary Award for a citizen or resident may be combined with other nonmonetary awards, such as a Tangible Item Award with a total monetary value of no more than fifty dollars ($50).

1905.5 Honorary Awards for employees are governed by the following:

(a) An Honorary Award may be granted to employees who make significant contributions to the public good or submit ideas or inventions that materially benefit the District of Columbia, as specified in this section and according to criteria established by the personnel authority.

(b) An Honorary Award to an employee may be combined with a monetary award in accordance with the criteria established in section 1904 of this chapter.

(c) The highest Honorary Award to an employee for a performance-type contribution is a Distinguished Service Award. A Distinguished Service Award is based on performance achievements sustained for a period of at least one (1) year, except for an award based on acts of bravery. An appropriate category of monetary award may accompany a certificate and pin for this honorary award. The categories for a Distinguished Service Award are as follows:

(1) Accomplishment of assigned duties relating to major programs significant to the entire District government in a manner considered exemplary when compared to all who have performed similar duties;

(2) Accomplishment of major changes in methods or procedures that resulted in significant improvements in operations or substantial savings to the District government;

(3) Demonstration of great courage and risk to personal safety while on duty by performing an act of heroism beneficial to District government employees, or in the interest of the general public; or

(4) Outstanding leadership in the administration of priority District government programs which results in highly successful accomplishments or highly improved methods to resolve problem situations.

(d) The second (2nd) highest Honorary Award to an employee for a performance type contribution is a Meritorious Service Award. An appropriate monetary award may accompany a certificate and pin for this honorary award. A Meritorious Service Award is based on performance achievements sustained for a period of at least one (1) year. The categories for a Meritorious Service Award are as follows:

(1) Accomplishment of supervisory or non-supervisory duties in an exemplary manner by setting a record of achievement and inspiring others to improve quantity and quality of work;

(2) Demonstration of unusual initiative and skill in devising new equipment or improving existing equipment, work methods or procedures; or conceiving inventions resulting in substantial savings in manpower, time, space, materials, or other items of expense;

(3) Achievement of outstanding results in improving the morale of workers which improve work performance or actively contribute to the goal of equal employment opportunity;

(4) Demonstration of unusual courage or competence in handling an emergency situation while on duty status resulting in a benefit to District government employees or in the interest of the general public; or

(5) Rendering professional or public relations services of unique or distinctive character worthy of special recognition.

(e) An Honorary award may be given for reasons other than the ones outlined in section 1905.5 (c) or (d) of this section, e.g., recognition of outstanding performance; length of service with the District government; appreciation for retirees; exemplary supervisory or managerial accomplishments; and other commendable accomplishments, and may be given in the form of a pin or certificate, or other small object honoring the achievement.

1905.6 Length of Service Awards are governed by the following:

(a) A Length of Service Award may be granted to any employee who has served the District government for periods of ten (10), twenty (20), thirty (30), forty (40), or fifty (50) years.

(b) An employee granted this award is entitled to receive an emblem and a certificate signed by the Mayor or independent personnel authority, both of which shall specify the employee’s length of service.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1906 GROUP AWARDS

1906.1 A Group Award is granted to recognize and reward a team of employees (minimum of two (2) employees) who collectively make a significant contribution to the financial or operational success of the District government or successfully complete an approved team project or plan that improves the work operations in their agency. Group awards may be either monetary or honorary, or both.

1906.2 Each team or group member shall receive an equal award for the group’s contribution to the District government, as determined by pre-established and approved plan provisions at the time of adoption by an agency Group Awards Steering Committee.

1906.3 It is the responsibility of the agency head (or designee) to review and approve the project plan, the applicable performance measures, and the projected monetary awards. It is expected that the plan will incorporate performance goals that can be readily verified. The agency head is also responsible for overseeing the work as the year (or project) unfolds. If the project generates financial benefits to the District of Columbia, the City Administrator will be responsible for deciding if and how the benefits will be shared with responsible team or group members.

1906.4 Awards granted under this section will be paid in addition to any other awards earned.

1906.5 Honorary group awards shall be determined under the authority of the honorary awards section of this chapter. Monetary group awards shall be determined based upon the group incentive plan or project as approved.

1906.6 The appropriate type of group award (monetary, honorary, or both) shall be determined by the Agency Steering Committee as specified in this chapter.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 52 DCR 4430 (May 6, 2005); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1907 APPROVAL OF MONETARY AWARDS AND RESPONSIBILITIES

1907.1 Each personnel authority may establish procedures for approval of monetary awards consistent with these regulations, and may approve such awards.

1907.2

(a) Monetary awards to employees subject to the personnel authority of the Mayor shall be approved according to procedures issued by the Director, DCHR. Those procedures shall provide for the following approval authorities, which may be further limited by written instruction of the Mayor when deemed to be in the interest of the District government.

(b) All recommended monetary awards over five thousand dollars ($5,000) submitted for all eligible employees (excluding agency heads) will be sent to the City Administrator (or designee) for approval.

(c) Subordinate agencies shall submit all monetary awards, excluding Instant Cash-In-Your Account Awards under section 1904 of this chapter, to the DCHR for processing after the agency has obtained the proper signatures. The DCHR shall process each award and transmit it to the OPRS. A subordinate agency shall not transmit monetary awards directly to the OPRS.

(d) A Group Awards Steering Committee (Committee) shall be formed in each agency, in accordance with procedures issued by the appropriate personnel authority, to determine the appropriate type of group awards (monetary, honorary, or both) pursuant to section 1906 of this chapter. The Committee will review and approve the project plan and prospective payouts. The project plan approved by the Committee will be forwarded to the DCHR for final approval. No awards will be allowed unless the plan is approved by the DCHR prior to the commencement of the project.

(e) The Mayor, the City Administrator, or an agency head may not approve monetary awards exceeding five thousand dollars ($5,000) without adherence to policies in this chapter.

1907.3 Each agency head shall be responsible for preparing a plan for managing awards within his or her agency at the beginning of the fiscal year within prescribed budgetary amounts, as designated the City Administrator. Agencies are responsible for the conformance with these regulations and proper approval procedures. Failure to follow procedures will result in non-payment by the OPRS.

1907.4 Each personnel authority shall ensure the quality and integrity in the operation of its incentive awards program, and approve incentive awards as specified in this chapter.

1907.5 The Director, DCHR, shall, for employees under the personnel authority of the Mayor, make recommendations to the Mayor, issue criteria and procedures to implement the incentive awards program, and provide for administration of the program, all as specified in this chapter.

1907.6 Agency heads shall be responsible for insuring that the criteria for granting awards are consistent with the mission and programmatic goals of their agency, for allocating adequate funds to support the incentive awards program in their agency, for paying the costs of incentive awards (including certificates and tangible items) from such funds, and for approving incentive awards as specified in this chapter.

1907.7 Supervisors and managers shall be responsible for ensuring the close relationship of performance awards to performance standards or goals defined by their agency, for motivating and supporting employees to improve work performance, and for providing employee recognition, where merited.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1908 RECORDS AND REPORTS

1908.1 The personnel authority or agency head, as appropriate, shall provide each affected employee with copies of signed incentive award approval forms and required supporting material and shall forward copies to the Performance Management Unit of the DCHR or appropriate independent personnel authority for placement in the employee’s Official Personnel Folder.

1908.2 Each personnel authority shall institute standards for the establishment, maintenance, and disposal of incentive award records in accordance with Chapter 31 of these regulations.

1908.3 The Performance Management Unit of the DCHR shall provide to the Mayor an annual report on incentive awards. The report shall list the name, title, and grade of each recipient, the type of incentive award, summary of accomplishments or justification of the award, and the amount of each monetary award.

1908.4 A separate report of approved monetary awards shall be forwarded to the Council of the District of Columbia for its information within thirty (30) days of its execution.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1909 REVIEW OF INCENTIVE AWARDS PROGRAMS

1909.1 The personnel authority may provide for the review of the adequacy of incentive award activities, including the sufficiency of documentation, record keeping and reporting, and appropriateness of incentive awards.

1909.2 The personnel authority shall report any deficiencies to the appropriate agency together with recommendations for correcting any such deficiencies.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B DCMR § 1999 DEFINITIONS

For the purposes of this chapter, the following terms have the meaning ascribed:

Agency head - the head of an office, agency or department who reports directly to the head of a personnel authority, or in the case of the Mayor’s personnel authority, to the Mayor or City Administrator.

Agency Incentive Awards Committee - a committee chaired by the agency head (or designee) plus at least two (2) to four (4) other members appointed by the agency head for the purpose of reviewing and approving incentive awards at the agency level as specified in this chapter. Each committee member must be a Management Supervisory Service or Excepted Service employee and shall serve in the committee for a two-year (2-year) period.

Aggregate salaries - the total amount budgeted for gross salaries at the beginning of the fiscal year that awards are paid. Budgeted gross salaries include all funding sources as long as the funding source permits use of allocated funds for incentive awards.

Agency goals - operational, program, departmental outcome measures that are linked to the agency strategic plan, operational improvement plans, special projects or agency accomplishment reports.

Approving authority - the agency head (or designee) and an agency Chief Financial Officer.

Contribution - (a) for purposes of employee awards, an idea, suggestion, or invention that brings tangible or intangible benefits to the District government in the administration and operation of programs; or (b) work performance that consists of specific job-related accomplishments beyond planned or anticipated performance standards or goals.

Employee - a current employee of the District government, or a former employee or his or her legal heirs or estate for a contribution made while the individual was an employee of the District government.

Exemplary performance - accomplishments that contribute to the agency goals or objectives included in the agency strategic plan, management accountability requirements, agency scorecard or other agency expectation agreements that exceed the satisfactory or meets expectations level of performance and within the performance evaluation process warrants a performance rating of “4” or “5” (or equivalent).

Fiscal year - the period of October 1 to September 30 of any given year.

Group award - an award earned by the combined efforts of a group or team. It is anticipated that the group or team will achieve or exceed group performance goals that are established in planning at the beginning of the fiscal year. Awards are granted to recognize and reward a significant contribution to the financial or operational success of the District government that is the result of a team effort, granted in accordance with section 1909 of the chapter. Group awards may be monetary or honorary, or both.

Group Awards Steering Committee - committee chaired by the agency head (or designee) plus at least two (2) to four (4) other members appointed by the agency head for the purpose of reviewing and approving group awards at the agency level as specified in this chapter. Participation in the Committee shall be based on first hand knowledge of the work of the team or the specific project within the agency’s organizational component; and shall be limited to senior level employees, Management Supervisory Service or Excepted Service employees.

Honorary award - a certificate or emblem of recognition that is granted to a citizen or to an employee in accordance with section 1905 of this chapter.

Intangible benefits - benefits that accrue to the District government that may not be quantifiable or measurable but which are broadly acknowledged. Examples include an idea, system innovation or policy that improves the overall efficiency of the District government.

Independent agency - any entity, agency, department, commission, or instrumentality that is exempt from the human resource management authority of the Mayor by regulation, statute or law, in whole or in part.

Personnel authority - the Mayor, and other agencies authorized to carry out personnel regulations for employees under their respective jurisdictions, as specified in D.C. Official Code § 1-604.06 (b) (2006 Repl.).

Safe driving award - a monetary award to recognize safe driving, that may be granted in accordance with this chapter to an employee whose primary function is driving a motor vehicle.

Tangible benefits - monetary savings or measurable improvement in a District operation that benefits the District government as a direct result of an innovation or suggestion made by an employee.

Tangible Measurable Goals - performance expectations that are linked to agency strategic plans, operational improvements, or other agency outcome measures.

History

• SOURCE: Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 52 DCR 4430 (May 6, 2005); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008).

6-B20 HEALTH

6-B DCMR § 2000 GENERAL PROVISIONS

GENERAL PROVISIONS

The District of Columbia government is committed to providing a safe and secure workplace for its employees. To provide a safe and secure workplace, employees must be able to perform their duties in a safe, secure, productive, and effective manner.

Each individual selected for an appointment in the District of Columbia government must be able to perform the essential functions of his or her job, with or without reasonable accommodation(s).

Unless otherwise specified in this chapter, medical evaluations are to be made by physicians or practitioners, and determinations regarding essential functions of the job are to be made by supervisors and managers based on the employee’s practical day-to-day responsibilities and the employee’s position description.

Agencies shall maintain medical records in a manner that ensures the greatest degree of privacy for applicants, candidates, and employees. Medical records shall not be released to any party except as authorized by Chapter 31, federal and District of Columbia laws, regulations, or court order.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2000

6-B DCMR § 2001 APPLICABILITY

APPLICABILITY

Unless otherwise provided by law, this chapter shall apply to all District government applicants, candidates, employees, and volunteers, except for:

Uniformed members and applicants for uniformed positions in the Fire and Emergency Medical Services Department and the Metropolitan Police Department, who shall be covered by Chapter 8; and

Employees covered by the public-sector workers’ compensation provisions in D.C. Municipal Regulations, Title 7, Chapter 1.

2001.2 Consistent with § 2004, and notwithstanding § 2001.1(a), the Director of the D.C. Department of Human Resources may establish vaccination requirements for uniformed positions in the Fire and Emergency Medical Services Department and Metropolitan Police Department.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019); as amended by Final Rulemaking published at 69 DCR 001359 (February 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2001

6-B DCMR § 2004 PHYSICAL AND MENTAL QUALIFICATIONS REQUIREMENTS

PHYSICAL AND MENTAL QUALIFICATIONS REQUIREMENTS

Except as otherwise provided by law, the Director of the D.C. Department of Human Resources may establish physical and mental qualification requirements that are necessary to perform a specific job or class of jobs. Any physical or mental qualification requirement established by the Director of DCHR shall:

Be related to the essential job function(s) of the specific job or class of jobs, and consistent with business necessity;

Be designed to ensure consideration of individuals having the minimum ability necessary to perform the essential job functions efficiently without posing a significant risk of substantial harm to his or her health or safety, or the health or safety of others; and

List disqualifying medical conditions only when specific physical or mental capabilities are required to safely and satisfactorily perform essential job functions, and those functions cannot be safely or satisfactorily performed with the disqualifying medical condition.

The personnel authority may require an individual who has applied for or occupies a job with established physical or mental requirements, including requirements for selection or retention, or established occupational or environmental standards, to undergo a medical evaluation:

After an offer of employment has been made to a job applicant and prior to appointment (including reemployment based on full or partial recovery from a medical condition);

On a regularly recurring, periodic basis; or

Whenever there is an objectively reasonable concern about an employee’s continued ability to meet the established physical or mental requirements of the job.

A personnel authority may disqualify an applicant or candidate or direct an agency under its authority to separate an employee or volunteer, if the applicant, candidate, employee, or volunteer cannot meet the established physical or mental requirements of their job.

The Director of DCHR, and independent personnel authorities with job classification authority, shall incorporate the physical and medical qualifications required by 49 CFR §§ 391.41 - 391.49 for jobs requiring commercial driver’s licenses.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019); as amended by Final Rulemaking published at 69 DCR 001359 (February 18, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2004

6-B DCMR § 2005 ORDERING MEDICAL EVALUATIONS

ORDERING MEDICAL EVALUATIONS

Regardless of whether physical or mental health requirements have been established for a position, a personnel authority may require an employee to undergo a medical evaluation when there is a reasonable concern as to the employee’s continuing ability to physically or mentally carry out the essential functions of his or her position or when an employee’s work-related conduct or performance raises concerns relating to the health or safety of the employee or others.

Orders to undergo a medical evaluation shall:

(a) Be in writing;

(b) Inform the employee of the reason(s) the agency is ordering the medical evaluation;

(c) State what action(s) the employee must take to comply with the order, including whether to bring medical records to the evaluation; and

(d) State the consequences for failing to comply with the order.

Whenever the personnel authority directs an employee to undergo a medical evaluation, the personnel authority may direct that the employee:

Be examined by his or her personal physician or practitioner; or

Be examined by a physician or practitioner designated by the personnel authority.

The personnel authority may order a psychiatric examination (including a psychological assessment) only when recommended by a physician or practitioner, or when other medical records reasonably support the need for such an examination.

Medical evaluations conducted under this section shall be conducted to evaluate the capacity of the employee to perform the essential job functions of his or her position.

The cost of the medical evaluation shall be the responsibility of the employing agency.

Whenever a medical evaluation is conducted by a physician or practitioner designated by the personnel authority, the personnel authority shall consider any medical records supplied by the employee from his or her personal health care physician(s) or practitioner(s).

The personnel authority shall provide the evaluating physician or practitioner with a copy of all approved medical evaluation protocols and any applicable medical qualifications and requirements for the position, or a detailed description of the essential job functions of the position, including physical demands and environmental factors.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2005

6-B DCMR § 2006 MEDICAL EVALUATION DETERMINATIONS

MEDICAL EVALUATION DETERMINATIONS

Whenever a medical evaluation establishes that an employee is temporarily unable to perform all of his or her essential job functions, the personnel authority may:

Detail the employee to a more appropriate position;

Temporarily change the employee’s tour of duty; or

In consultation with the agency Americans with Disabilities Act (ADA) Coordinators, temporarily provide the employee reasonable accommodation(s) to enable him or her to perform the essential job functions.

Whenever a medical evaluation establishes that an employee is permanently incapable of performing one (1) or more of his or her essential job functions, the personnel authority shall:

Collaborate with the employee and the employing agency ADA Coordinators to determine whether a reasonable accommodation can be made that will enable the employee to perform the essential job functions, involving the D.C. Office of Disability Rights for technical assistance and guidance when necessary;

If no such reasonable accommodation can be made, work with the employing agency to non-competitively reassign the employee to another position for which the employee qualifies and can perform the essential job functions with or without a reasonable accommodation;

If the employee cannot be reasonably accommodated or reassigned to a new position, the personnel authority shall advise the employee of applicable disability and retirement programs, and the program eligibility requirements; and

Separate the employee, either through a retirement program or Chapter 16.

Whenever a medical evaluation establishes that the employee is fit to carry out the essential job functions, and the employee continues to be deficient in either conduct or performance, the personnel authority may take administrative action against the employee pursuant to Chapters 14 and 16.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2006

6-B DCMR § 2010 EMPLOYEE ASSISTANCE PROGRAM

EMPLOYEE ASSISTANCE PROGRAM

The District of Columbia government shall provide an Employee Assistance Program (EAP) designed to address many personal challenges faced by employees.

The Director of the D.C. Department of Human Resources (DCHR Director) shall administer the EAP.

The EAP shall provide counseling and assistance to employees who are experiencing problems that may adversely affect work performance or conduct on the job including, but not limited to, the following:

Family and marital problems;

Financial difficulties;

Emotional or mental illness;

Identity theft difficulties;

Legal difficulties;

Lactation support; and

Substance abuse problems.

The EAP shall consist of assessment, counseling, and referral services.

Any employee (excluding temporary employees) shall be eligible to receive services through the EAP.

Supervisors and managers should encourage an employee who is experiencing challenges that adversely affect his or her work performance or conduct on the job to voluntarily seek assistance through the EAP.

If an employee refuses or fails to voluntarily seek assistance through EAP, managers and supervisors can require the employee to report to the EAP when the employee is experiencing challenges that adversely affect his or her work performance or conduct on the job.

Participation in the EAP does not prevent management from taking appropriate corrective, adverse, or other administrative action in situations where such action is warranted.

Involvement in the EAP shall be on the basis of self-referral or agency referral.

Up to two (2) hours of administrative leave may be granted to an employee to attend his or her initial EAP appointment.

The services of the EAP shall be provided through contracted health care service provider(s).

The cost of the initial session with the EAP contractor, which includes assessment, counseling, and referral services shall be paid in full by the District government to the extent that the session is not covered by the employee’s health insurance carrier.

DCHR may enter into a written agreement with another personnel authority to provide EAP services administered by the DCHR Director to employees of the other personnel authority.

Each subordinate agency and independent personnel authority that participates in the EAP administered by DCHR shall designate an EAP coordinator.

DCHR may authorize the establishment of other employee assistance programs for the District of Columbia government, provided such programs are consistent with this section.

Unless a separate program is established pursuant to the provisions of § 2010.15, agencies under the personnel authority of the Mayor must participate in the EAP administered by the DCHR Director.

Records and information on referral to or participation in the EAP shall be maintained in confidence as provided in Chapter 31 and any other applicable federal and District of Columbia laws and regulations.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2010

6-B DCMR § 2013 WELLNESS PROGRAM

WELLNESS PROGRAM

The District of Columbia government shall maintain a wellness program to improve and promote the health and fitness of its employees.

The wellness program applies to all District agencies, including independent District agencies and the Council of the District of Columbia, but excluding boards and commissions, Advisory Neighborhood Commissions, and the Courts.

Each agency shall designate one employee as the agency’s wellness coordinator who will be responsible for implementing the wellness policy in the agency and facilitating wellness programs.

DCHR, in collaboration with the Department of Health, will provide guidance and assistance to agencies in the development of a comprehensive wellness program. The components of the wellness program shall include:

(a) A wellness leader at the management level who has direct access to the agency head. The individual will be responsible for creating a workplace wellness infrastructure for the agency.

(b) A wellness committee that includes employees who represent a cross section of the agency’s population.

(c) A chair or co-chair(s) elected by the wellness committee to conduct its meetings and lead activities.

The wellness program shall include initiatives that:

(a) Establish measurable goals for improving the health of the District of Columbia government employees;

(b) Improve nutrition in the workplace, including:

(1) Opportunities for employees to store lunches and foods in District buildings;

(2) Promoting the availability and consumption of water throughout the day;

(c) Improve the physical fitness of employees and physical activity during the work day with the supervisor’s approval, including:

Providing opportunities for employees to exercise at their desks and offices; and

Ensuring that staircases are accessible and their use is encouraged;

(d) Promote healthy living and educating employees about physical activity, healthy eating, stress management, and disease prevention;

(e) Provide for early detection and screening for key health indicators; and

(f) Support changes in the work environment to encourage healthy behaviors and breastfeeding, and promote occupational safety and health.

2013.6 Upon request by DCHR, each agency must complete workplace wellness surveys and submit reports on the wellness activities provided to their employees.

History

• SOURCE: Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2013

6-B DCMR § 2049 PRE-EMPLOYMENT AND OTHER PHYSICAL EXAMINATIONS AND GENERAL MEDICAL QUALIFICATIONS REQUIREMENTS [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 10422 (November 12, 2004); as amended by Final Rulemaking published at 60 DCR 15260 (November 1, 2013); as amended by Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2049

6-B DCMR § 2050 EMPLOYEE ASSISTANCE PROGRAM [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 10422 (November 12, 2004); as amended by Final Rulemaking published at 60 DCR 15260 (November 1, 2013); as amended by Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2050

6-B DCMR § 2051 WELLNESS PROGRAM [REPEALED]

History

• SOURCE: Final Rulemaking published at 60 DCR 15260 (November 1, 2013); as amended by Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2051

6-B DCMR § 2099 DEFINITIONS

2099.1 When used in this chapter, the following meanings apply:

Essential job functions ─ the fundamental duties of a position; the things a person holding a position must be able to do, with or without reasonable accommodation, in order to fulfill the requirements of the position.

Medical condition ─ any physiologic, mental, or psychological condition, disorder, disease, illness, or injury. A biological or psychological state that is within the range of normal human variation is not a medical condition.

Medical evaluation ─ a critical appraisal or assessment of an individual’s mental or physical health; a judgement of an individual’s mental or physical health; or measurement of an individual’s progress with respect to a health care related treatment.

Medical record(s) ─ written health information, including but not limited to information that relates to an individual’s genetics, history of health care services, or past, present, or future physical or mental health, and any written medical evaluations completed pursuant to this chapter.

Personnel authority ─ an individual or entity authorized by D.C. Official Code § 1-604.06 to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia, or that individual or entity’s agent who is delegated that authority.

Physician ─ a person authorized by law to practice medicine or osteopathy.

Practitioner ─ a person authorized by law to provide preventative, curative, or rehabilitative health care and who provides such care in a professional capacity. The term “practitioner” does not include physicians.

Reasonable accommodation ─ a change in the workplace or the way things are customarily done that permits an employee to perform the full duties and responsibilities of the given position (excludes removing essential functions of the position). A “reasonable accommodation” includes:

Changes to a job application process to permit an individual with a disability to be considered for a job;

Changes to enable a qualified individual with a disability to perform the essential functions of the job; and

Changes that enable employees with disabilities to enjoy equal benefits and privileges of employment.

Temporary appointment ─ an appointment with a specific time limitation of one (1) year or less.

History

• SOURCE: Final Rulemaking published at 51 DCR 10422 (November 12, 2004); as amended by Final Rulemaking published at 60 DCR 15260 (November 1, 2013); as amended by Final Rulemaking published at 66 DCR 5874 (May 10, 2019). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2099

6-B21 HEALTH BENEFITS

6-B DCMR § 2100 CONTINUATION OF HEALTH BENEFITS

2100.1 Title 21 of D.C. Law 2-139 provides that the "health insurance benefits provisions of Chapter 89 of Title 5, U.S. Code, are applicable to all employees of the District Government, except those specifically excluded by Law or rule and regulation." Therefore, the Federal regulations in 5 CFR, Part 890, and any other related Federal regulations will continue to apply to employees of the District of Columbia.

History

• SOURCE: As amended by Final Rulemaking published at 27 DCR 2055 (May 16, 1980).

6-B DCMR § 2101 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2102 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2103 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2104 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2105 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2106 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2107 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2108 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2109 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2110 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2111 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2112 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2113 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2114 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2115 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2116 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2117 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2118 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2119 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2120 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2121 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2122 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2123 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2124 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2125 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2126 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2127 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2128 RESERVED

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2129 OPTIONAL HEALTH BENEFITS COVERAGE FOR DOMESTIC PARTNERS

2129.1 The provisions of this section shall be applicable to persons first employed by the District government on or after October 1, 1987 who are eligible for health benefits coverage under the District of Columbia Employees Health Benefits (DCEHB) Program established pursuant to D.C. Official Code § 1-621.02 et seq. (2006 Repl.). Persons first employed before October 1, 1987 who are eligible for federal health benefits coverage pursuant to D.C. Official Code § 1-621.01 (2006 Repl.) are excluded from the provisions of this section.

2129.2 A person who is eligible for health benefits coverage as specified in Subsection 2129.1 of this section and who meets the criteria specified in Subsection 2129.3 of this section may enroll his or her domestic partner and dependent children of the domestic partner for health benefits coverage under the DCEHB Program. Enrollment may occur upon employment or once annually during the DCEHB Program open enrollment period, as applicable.

2129.3 In order to enroll a domestic partner and any dependent children of the domestic partner in the DCEHB Program, an eligible employee shall:

(a) Have a valid certificate of domestic partnership issued by the D.C. Department of Health; and

(b) Present the certificate of domestic partnership to the personnel authority.

2129.4

(a) An employee newly registered in a domestic partnership is eligible to enroll his or her domestic partner and any eligible dependents in the DCEHB Program within thirty-one (31) days of the date the domestic partnership registration is issued by the D.C. Department of Health.

(b) An eligible employee in a domestic partnership registered in a jurisdiction other than the District of Columbia shall register the domestic partnership with the D.C. Department of Health prior to enrolling his or her domestic partner and any dependents for health benefits coverage pursuant to this section.

2129.5 As applicable, an eligible employee shall provide proof of the dependency of a child of a domestic partner by presenting to the personnel authority the birth certificate or other legal document demonstrating legal custodial care.

2129.6 The eligible employee shall assume twenty five percent (25%) of the cost of the health insurance premium for his or her domestic partner and any eligible dependent children, and the District government shall assume the remaining seventy five percent (75%).

2129.7 Any health insurance premiums pursuant to this section shall be deducted on an after-tax basis directly from the employee’s paycheck.

2129.8 A domestic partner may qualify as a dependent, if he or she meets the definition of a dependent, as defined in Title 26 of the United States Code § 152.

2129.9 Health benefits for a domestic partner and eligible dependents shall be terminated upon the death of the employee. A surviving domestic partner enrolled as a dependent may convert to an individual health insurance policy directly through the health insurance provider.

2129.10 Upon termination of District government service, the eligible employee may elect to continue health benefits coverage as specified in Section 2130 of this chapter, and may include continued health benefits coverage for his or her domestic partner and eligible dependents of the domestic partner.

2129.11 An eligible employee shall inform his or her personnel authority, in writing, of any change in the circumstances attested to in the Affidavit of Domestic Partnership for Health Insurance Benefits referenced in Subsection 2129.4 of this section.

2129.12 A domestic partnership may be terminated, with or without the consent of both partners, by filing a termination of domestic partnership statement with the D.C. Department of Health. The termination of the domestic partnership shall become effective six (6) months after the date it is filed with the D.C. Department of Health.

2129.13 An employee whose domestic partnership is terminated as specified in Subsection 2129.12 of this section shall notify his or her personnel authority within thirty (30) days of the filing of the termination of domestic partnership statement. Health benefits enrollment of the domestic partner and his or her dependents shall continue, at the cost specified in Subsection 2129.6 of this section, during the six (6) months that the termination of the domestic partnership is pending, provided District government employment is maintained.

History

• SOURCE: Final Rulemaking published at 39 DCR 6172 (August 21, 1992); as amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003); as amended by Final Rulemaking published at 56 DCR 3682 (May 8, 2009); as amended by Final Rulemaking published at 63 DCR 10213 (August 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2129

6-B DCMR § 2130 CONTINUED HEALTH BENEFITS COVERAGE

2130.1 A person who is eligible for health benefits coverage in accordance with D.C. Official Code § 1-621.02 et seq., but who subsequently loses eligibility for coverage, may elect to continue coverage as provided in this section without regard to benefits available under any temporary extension of coverage or any non-group contract.

2130.2 Such a person may elect to continue health benefits coverage if the person is any of the following:

(a) An employee eligible for health benefits under this section who is separated from service on or after December 14, 1990, whether voluntarily or involuntarily, and, on the day before being separated from service, was enrolled in a health plan under this title;

(b) A person who ceases to be an unmarried dependent child on or after December 14, 1990, and was covered as a member of a family of an employee or annuitant under a health benefits plan on the day before ceasing to be an unmarried dependent child; or

(c) A person who ceases to be a spouse on or after December 14, 1990, and was covered as a family member of an employee or annuitant under a health benefits plan at some time during the preceding eighteen (18) months before the marriage ended, but who is not eligible to enroll for health benefits in accordance with D.C. Official Code § 1-529.01 et seq. because he or she either has remarried before reaching age fifty-five (55) or is not entitled to a portion of the employee's or annuitant's annuity benefit or a survivor benefit based on the employee's or annuitant's service.

2130.3 The personnel authority shall give written notice to any employee described in § 2130.2(a) stating that the employee may elect to continue health benefits coverage prior to the expiration of thirty (30) days after the date on which coverage would otherwise end.

2130.4 The personnel authority, within fourteen (14) work days of receiving notice from the employee or annuitant, shall give notice to any person described in § 2130.2(b) stating that the person may elect to continue health benefits coverage under this title, if the employee or annuitant has provided appropriate written notice to the personnel authority prior to the expiration of sixty (60) days after the date that such a person ceased to be an unmarried dependent child.

2130.5 The personnel authority, within fourteen (14) work days of receiving notice from the employee, annuitant, or former spouse, shall give notice to any person described in § 2130.2(c) that the person may elect to continue health benefits coverage under this title, if the employee, annuitant, or the person himself or herself has provided written notice to the personnel authority prior to the expiration of sixty (60) days after the date such person ceased to be a spouse.

2130.6 In order to continue health benefits coverage, an employee described in § 2130.2(a) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The effective date of separation from service;

(b) The date that notice required by § 2130.3 was given to the employee; or

(c) In the event that the notice required by § 2130.3 was mailed, the date the notice was posted.

2130.7 In order to continue health benefits coverage, a person described in § 2130.2(b) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The date the person ceased to be an unmarried dependent child;

(b) The date that the notice required by § 2130.4 was given to the person; or

(c) In the event that the notice required by § 2130.4 was mailed, the date the notice was posted.

2130.8 In order to continue health benefits coverage, a person described in § 2130.2(c) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The date the person ceased to be a spouse of an employee;

(b) The date the person ceased to be eligible for health benefits under the provisions of D.C. Official Code § 1-529.01 et seq.;

(c) The date the notice required by § 2130.5 was given to the person; or

(d) In the event that the notice required by § 2130.5 was mailed, the date the notice was posted.

2130.9 An election made in accordance with either § 2130.6, § 2130.7, or § 2130.8 may be for coverage either as an individual or family.

2130.10 If the person's coverage expires before the person makes an election in accordance with either § 2130.6 or § 2130.7, that coverage shall be restored retroactively, as if no break in coverage had occurred.

2130.11 If the person's coverage expires before the person makes an election in accordance with § 2130.8, that coverage shall be restored retroactively to the later of either of the following:

(a) The date the person ceased to be the spouse of an employee; or

(b) The date the employee ceased to be eligible for health benefits under the provisions of D.C. Official Code § 1-529.01 et seq.

2130.12 Continued health benefits coverage shall be available to any employee who makes an election under § 2130.6 for a period of eighteen (18) months from the effective date of the employee's separation.

2130.13 Continued health benefits coverage shall be available to any person who makes an election under § 2130.7 for a period of thirty-six (36) months from the earlier of either of the following:

(a) The date the person ceased to be unmarried dependent child; or

(b) In the case of a person who was covered as a family member by continuing benefits under this section at the time the person ceased to be an unmarried dependent child, the date of separation from service of the employee on whom the person was dependent.

2130.14 Continued health benefits coverage shall be available to any person who makes an election under § 2130.8 for a period of thirty-six (36) months from one (1) of the following, as appropriate:

(a) The date the person ceased to be a spouse;

(b) In the case of a person who was covered as a family member by continuing benefits under this section at the time the person ceased to be a spouse, the date of separation from service of the employee to whom the person was married; or

(c) In the case of a person who had health benefits coverage under the provisions of D.C. Official Code § 1-529.01 et seq., from the date eligibility for coverage under those provisions ceased.

2130.15 Any person who elects to continue coverage under this section shall pay to the District of Columbia Treasurer, or to a contractor or other agent designated by the Director of Personnel, one hundred percent (100%) of the premium plus two percent (2%) of the sum of such contributions.

2130.16 Any person who is eligible for retroactive coverage under § 2130.10 shall pay for the coverage restored retroactively in a manner prescribed by the Director of Personnel.

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B DCMR § 2199 DEFINITIONS

2199.1 When used in this chapter, the following terms have the meaning ascribed:

Committed relationship - a familial relationship between two (2) individuals characterized by mutual caring and the sharing of a mutual residence.

Dependent child of a domestic partner - an unmarried person under 22 years of age, an unmarried person under 25 years of age who is a full-time student, or an unmarried person regardless of age who is incapable of self-support because of a mental or physical disability that existed before age 22. A dependent child of a domestic partner shall include a natural child, adopted child, stepchild, foster child, or child in the legal custody of a domestic partner.

Domestic partner - a person with whom an employee maintains a committed relationship and who has registered the domestic partnership with the District of Columbia Department of Health.

Family member - a domestic partner; or the dependent child of a domestic partner.

Personnel authority - an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.

History

• SOURCE: As amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003).

6-B22 LIFE INSURANCE BENEFITS

6-B DCMR § 2200 CONTINUATION OF LIFE INSURANCE BENEFITS UNDER FEDERAL EMPLOYEES’ GROUP LIFE INSURANCE (FEGLI)

2200.1 D.C. Official Code § 1-622.01 (2006 Repl.) provides that the life insurance benefits provisions of Chapter 87 of Title 5 of the United States Code shall apply to all employees of the District government first employed before October 1, 1987, except those specifically excluded by law or rule and regulation.” Therefore, the federal regulations contained in 5 CFR, Part 870 and any other related federal regulations will continue to apply to each employee of the District government first employed before October 1, 1987.

2200.2 Each employee newly employed on or after October 1, 1987, who has had prior District government service and who during that prior service was covered under the FEGLI program, regardless of whether the employee participated in the FEGLI program, shall be eligible for life insurance coverage under the FEGLI, if the current position meets the requirements for FEGLI coverage.

History

• SOURCE: Final Rulemaking published at 27 DCR 2056 (May 16, 1980); as amended by Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2200

6-B DCMR § 2201 COVERAGE UNDER THE DISTRICT OF COLUMBIA EMPLOYEES’ GROUP LIFE INSURANCE (DCEGLI)

2201.1 Except as provided in Sections 2200 and 2203 of this chapter, each employee and annuitant of the District government shall be insured for an amount of basic insurance, as specified in Section 2208 of this chapter, under the DCEGLI program.

2201.2 Except as provided in Sections 2200 and 2204 of this chapter, each employee and annuitant of the District government shall be eligible to enroll for optional insurance coverage, as specified in Section 2210 of this chapter, under the DCEGLI program.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2201

6-B DCMR § 2202 ELIGIBILITY FOR DCEGLI

2202.1 Except for individuals excluded from life insurance benefits by Section 2203 of this chapter, the District government shall offer group life insurance benefits through the DCEGLI program to all of the following:

(a) Each employee and annuitant of the District government first employed on or after October 1, 1987; and

(b) Each employee hired on or after October 1, 1987, who had prior service with the District government, but who was not eligible for FEGLI coverage during that prior service.

2202.2 An annuitant shall be eligible for coverage under the DCEGLI program if he or she has done all of the following:

(a) Been enrolled for basic insurance for the five (5) years of service immediately preceding the date of retirement;

(b) Met all requirements for immediate retirement as provided (including ten (10) years of District Government service and required Social Security Administration documents, when necessary) whether or not final administrative action has been taken; and

(c) Not exercised his or her right to convert to an individual policy.

2202.3 An employee cannot have coverage under both the FEGLI and DCEGLI programs. There is no right to elect coverage under one or the other program. Eligibility for coverage under either program shall be as specified in Sections 2200, 2202, and 2203 of this chapter.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2201

6-B DCMR § 2203 EXCLUSIONS FROM DCEGLI

2203.1 Employees and individuals in the following groups shall be excluded from life insurance coverage:

An employee serving under an appointment limited to one (1) year or less, except an employee appointed for full-time employment or part-time employment with a regular tour of duty without a break in service or after a separation of three (3) days or less, following service in which he or she was insured;

An individual whose employment is of a temporary duration, who is employed for brief periods or intervals, or an employee who is expected to work less than six (6) months in each year, except for an employee who is employed under a District approved career-related work-study program of at least one (1) year and who is expected to be in a pay status for at least one-third (⅓) of the total period of time from the date of the first appointment to the completion of the work-study program;

(c) An intermittent employee who is a non-full-time employee without a regularly scheduled tour of duty, except when the employee enters into that status without a break in service or after a separation of three (3) days or less, following service in a position in which he or she was insured and to which he or she is expected to return;

(d) An individual who is a beneficiary or patient employee in a government hospital or home; and

(e) An individual paid on a contract or fee basis.

2203.2 The Director of the D.C. Department of Human Resources (Director of the DCHR), shall make the final determination regarding applicability of the above classifications to a specific employee or group of employees.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2203

6-B DCMR § 2204 ELECTION OF INSURANCE COVERAGE UNDER DCEGLI

2204.1 Except as provided in Section 2205 of this chapter, an employee shall be automatically insured for basic insurance on the date the employee becomes eligible for insurance, unless that an employee affirmatively declines the option for basic life insurance benefits.

2204.2 Each employee or annuitant who is insured for basic insurance shall be eligible to elect optional insurance coverage for himself or herself, and for his or her spouse and dependent children.

2204.3 An employee who is eligible for insurance coverage may elect any of the optional forms of insurance coverage described in Section 2210 of this chapter, if the election is made within thirty-one (31) days of entering into a pay status in a position eligible for insurance coverage.

2204.4 The effective date of an election of any optional insurance described in Section 2210 of this chapter shall be the first day an employee actually enters on duty in a pay status on or after the election is received by his or her personnel authority, except as provided in Subsection 2204.3 of this section.

2204.5 An employee who does not file an election of optional insurance within thirty-one (31) days of entering into a pay status in a position eligible for insurance shall not have the optional insurance until the next life insurance open season or other qualifying status change.

2204.6 The Director of the DCHR, is authorized to declare a life insurance open enrollment period to permit employees to make changes in their life insurance coverage without regard to the requirements of Section 2206 of this chapter. Enrollments received during an open enrollment period declared by the Director of the DCHR, shall be effective on the date designated by the Director of the DCHR.

2204.7 The Director of the DCHR, may limit the open enrollment period to permitting certain specific changes including, but not limited to:

(a) Cancelling a waiver and electing basic insurance only;

(b) Cancelling a waiver of family coverage; or

(c) Increasing additional insurance coverage by one (1) multiple of salary.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2204

6-B DCMR § 2205 WAIVER, CANCELLATION, AND DECLINATION OF DCEGLI COVERAGE

2205.1 An employee or annuitant who is eligible for insurance coverage may waive coverage by giving written notice to his or her personnel office in a manner prescribed by the Director of the DCHR.

2205.2 Following an initial appointment to a position eligible for life insurance coverage, the effective date of a waiver of an employee who files the waiver before the end of the first pay period will be the first day in the pay period in which the employee was in a pay status.

2205.3 An insured person may cancel his or her basic insurance at any time by filing a waiver of basic insurance coverage in a manner prescribed by the Director of the DCHR.

2205.4 An insured person may cancel his or her optional insurance at any time by completing and submitting the request to DCHR.

2205.5 The effective date of the waiver provided for in Subsection 2205.3 of this section shall be the end of the pay period in which the waiver is received by the appropriate office.

2205.6 An employee who does not elect optional insurance in accordance with Subsection 2204.2 of this chapter shall be deemed to have declined optional insurance coverage.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2205

6-B DCMR § 2206 CANCELLATION OF A WAIVER OF DCEGLI COVERAGE

2206.1 An employee who has filed a waiver of basic insurance coverage or who declined any optional insurance coverage may subsequently enroll and become insured if:

At least one (1) year has elapsed since the effective date of the waiver; and

(b) He or she furnishes satisfactory evidence of insurability as determined by the Director of the DCHR and contractual language with the provider; or

(c) The employee enrolls during the next life insurance open season.

2206.2 An employee who has complied with Subsection 2206.1 of this section shall be insured when he or she actually enters on duty in pay status in a position in which he or she is not excluded from insurance, following the approval by the life insurance carrier of his or her request for insurance as provided for in Subsection 2206.8 of this section.

2206.3 An approval of a request for insurance coverage for an employee who has complied with Subsection 2206.1 of this section shall only be valid if the employee enters on duty in a pay status within thirty-one (31) days following the date of approval.

2206.4 A previous waiver shall be cancelled automatically at the time of reinstatement if an employee has been separated from service for at least one hundred eighty (180) days. If no new waiver is filed, basic insurance coverage begins automatically on the date the employee actually enters on duty in a pay status in a position wherein he or she is not excluded from insurance.

2206.5 During an open enrollment period as provided by Sections 2204.6 and 2204.7 of this chapter, an employee otherwise eligible for coverage may cancel his or her existing waiver of coverage by affirmatively electing to be insured on a form designated by the Director of the DCHR.

2206.6 An annuitant who has complied with Subsections 2205.1 or 2205.3 of this chapter and has filed a waiver of basic insurance coverage shall not be eligible to enroll to become insured under the DCEGLI program.

2206.7 An employee who has declined optional insurance coverage may elect optional insurance coverage under certain circumstances in the following manner:

(a) If an employee marries, he or she may elect Option A - Standard, Option C - Family, and Option B - Additional for a multiple of one (1) times salary, unless the employee already had Option B - Additional coverage, in which case he or she may increase coverage by one (1) additional multiple of salary up to the maximum number of multiples of salary permitted by Subsection 2210.3 of this chapter; and

If an employee acquires an unmarried dependent child, he or she may elect Option A - Standard, Option C - Family, and Option B - Additional for a multiple of salary equal to the number of unmarried dependent children acquired, unless the employee already has Option B - Additional coverage, in which case he or she may increase coverage by a multiple of salary equal to the number of unmarried dependent children acquired, up to the maximum number of multiples of salary permitted by Subsection 2210.3 of this chapter.

2206.8 The insurance carrier shall utilize its current practices to make the determination of eligibility of an employee who is cancelling a waiver of insurance coverage or requesting additional insurance coverage.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2206

6-B DCMR § 2207 DESCRIPTION OF BENEFITS UNDER DCEGLI

2207.1 Each insured employee and annuitant shall be provided a policy or a summary of benefits to include all of the following:

(a) The benefits to which entitled;

(b) The procedures for obtaining benefits; and

(c) The principal provisions of the policy.

2207.2 The Director of the DCHR shall provide each insured employee and annuitant with information on the cost of basic insurance and each insurance option and shall notify each insured employee of any change in the cost prior to that change being implemented.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2207

6-B DCMR § 2208 BASIC INSURANCE AMOUNT (BIA) UNDER DCEGLI

2208.1 An employee’s basic insurance amount (BIA) shall be the greater of:

His or her annual rate of basic pay, rounded to the next higher $ 1,000, plus $ 2,000; or

(b) A minimum of ten thousand dollars ($ 10,000).

2208.2 The BIA of an individual who is entitled to continue basic life insurance coverage as an annuitant or compensationer shall be the BIA in effect at the time the insurance to which he or she is entitled as an employee would stop under Section 2214 of this chapter.

2208.3 The amount of an employee's basic life insurance coverage shall be equal to his or her BIA multiplied by the appropriate factor determined on the basis of the age of the insured individual at the time of death, as follows:

Age

Factor

35 or under

2.0

36

1.9

37

1.8

38

1.7

39

1.6

40

1.5

41

1.4

42

1.3

43

1.2

44

1.1

45 or over

1.0

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2208

6-B DCMR § 2209 ANNUAL RATES OF PAY FOR PURPOSES OF DCEGLI

2209.1 An insured employee's annual pay is his or her annual rate of basic pay as fixed by the appropriate pay authority.

2209.2 A pay rate expressed in terms other than annual salary shall be converted to an annual rate by multiplying the prescribed rate by the number of pay units in a fifty-two-week (52-week) work year.

2209.3 The annual pay for a part-time employee shall be the percentage of the scheduled rate of pay that is applicable to his or her assigned tour of duty in a fifty-two-week (52-week) work year.

2209.4 The annual pay for an employee who legally and concurrently serves in more than one (1) position shall be the sum of the annual basic pay fixed by the appropriate pay authority for the primary position.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2209

6-B DCMR § 2210 OPTIONAL INSURANCE COVERAGE UNDER DCEGLI

2210.1 An eligible employee who has basic insurance coverage may elect one (1) or more of the following optional forms of insurance coverage:

(a) Option A - Standard;

(b) Option B - Additional; and

(c) Option C - Family.

2210.2 Option A - Standard provides an employee with $ 10,000 of additional insurance coverage.

2210.3 Option B - Additional provides an employee with additional insurance coverage of one (1), two (2), three (3), four (4), or five (5) multiples of his or her annual pay, with each multiple being equal to the rate of annual pay rounded to the next highest thousand.

2210.4 Option C - Family provides the employee with both of the following:

(a) Ten thousand ($10,000), twenty-five thousand ($25,000), and fifty thousand (50,000) insurance coverage on the life of his or her spouse; and

(b) Ten thousand ($10,000) insurance coverage on the life of each unmarried dependent child.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2210

6-B DCMR § 2211 WITHHOLDINGS FOR DCEGLI

2211.1 During each pay period in which an insured employee is in a pay status for any part of the period, an amount to be determined by the Director of the DCHR, shall be withheld from the biweekly pay of the employee, except that the amount withheld from the pay of an employee who is paid on other than a biweekly basis shall be determined at a proportionate rate, adjusted to the nearest cent.

2211.2 The amount withheld from the pay of an insured employee whose BIA changes during a pay period shall be based on the last BIA in force during the pay period.

2211.3 The cost of the optional insurance coverage shall be paid solely by the respective employee. The amount shall be deducted from the employee's regular salary, if his or her periodic pay, after all other deductions, is sufficient to cover the full cost of the optional insurance.

2211.4 Except as provided in Subsection 2214.10 of this chapter, whenever an insured employee receives insufficient pay to cover the cost of the insurance, he or she shall be required to pay the amount that represents the employee's cost of life insurance coverage which would have been withheld in a manner prescribed by the Director of the DCHR.

2211.5 Each insured annuitant receiving an annuity under the Teachers' Retirement System, the Police and Fire Retirement System, the Judges' Retirement System, or the Teachers' Insurance and Annuity Association programs shall have withheld from his or her annuity an amount, to be determined by the Director of the DCHR, to cover the cost of the insurance coverage; however, if the annuity is insufficient to cover the cost of the coverage, the annuitant shall be required to pay the full amount which would have been withheld had the annuity been sufficient to cover the cost.

2211.6 Each annuitant covered under the Defined Contribution Pension Plan shall be required to pay, in accordance with procedures issued by the Director of the DCHR, an amount equal to the amount that would be withheld, for an annuitant receiving an annuity, as provided in Subsection 2211.5 of this section.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2211

6-B DCMR § 2212 DISTRICT CONTRIBUTIONS FOR DCEGLI

2212.1 For each pay period in which an employee is insured, there shall be contributed from the respective appropriation or fund which is used for the payment of his or her pay an amount equal to no more than one-half (1/2) the amount withheld from the pay of the employee for the cost of basic life insurance coverage.

2212.2 For each pay period in which an annuitant is insured, there shall be contributed from the appropriation or fund established for this purpose an amount equal to no more than one half (1/2) of the amount to be paid by the annuitant in order to maintain basic life insurance coverage.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2212

6-B DCMR § 2213 ACCIDENTAL DEATH AND DISMEMBERMENT UNDER DCEGLI

2213.1 Each employee who has basic insurance shall also have coverage for accidental death and dismemberment.

2213.2 Each employee who elects Option A - Standard optional insurance coverage described in § 2210.1 shall also have additional coverage of $ 10,000 for accidental death and dismemberment.

2213.3 Each employee who elects Option A - Standard optional insurance coverage described in Subsection 2210.1 of this chapter shall also have additional coverage of $10,000 for accidental death and dismemberment.

2213.4 Accidental dismemberment benefits shall be payable only upon the losses stated in the following schedule. The benefits are subject to the conditions and limitations approved by the Director of the DCHR, which are contained in the policy purchased by the DCHR, the amount of this benefit shall depend on the amount for which the employee is insured on the date the accident occurs and the extent of the loss according to the following schedule.

Extent of Loss

Percentage of Basic

Insurance Payable

Sight of both eyes

100

Sight of one eye

50

Both hands

100

One hand

50

Both feet

100

One foot

50

One hand and one foot

100

One hand or one foot and sight of one eye

100

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2213

6-B DCMR § 2214 TERMINATION AND CONVERSION OF DCEGLI COVERAGE

2214.1 The basic insurance of an employee and any optional insurance elected by the employee shall stop at the end of the day on which the employee separates, subject to a thirty-one-day (31-day) extension of coverage at no cost to the employee or the District.

2214.2 The thirty-one-day (31-day) extension of insurance coverage provided in Subsection 2214.1 of this section shall not be extended beyond thirty-one days (31-days), nor is it contingent upon timely issuance of notice of the right of conversion to an individual policy.

2214.3 After termination of group coverage for any reason other than voluntary cancellation, an employee may, upon application within the thirty-one-day (31-day) extension period and without medical examination, convert all or any part of his or her basic life insurance to an individual policy at rates determined by the insurance company.

2214.4 There shall be no thirty-one-day (31-day) extension of coverage when a voluntary cancellation occurs.

2214.5 An employee shall be eligible to convert to an individual policy only if he or she does not return, within three (3) calendar days from the termination event, to a position allowing coverage under the group plan.

2214.6 The employee, retiree, or annuitant shall be notified by the personnel authority of the loss of DCEGLI coverage as a group member and the right to convert to an individual policy either prior to or immediately following the event causing the loss of coverage.

2214.7 An employee, retiree, or annuitant who fails to exercise his or her right to convert to an individual policy during the thirty-one day (31-day) extension of coverage is deemed to have declined coverage under an individual policy, unless the Director of the DCHR, determines the failure was beyond the control of the employee.

2214.8 An employee, retiree, or annuitant seeking to convert to an individual policy after the thirty-one day (31-day) extension of coverage must apply to the Director of the DCHR, within six (6) months from the date that the coverage terminated.

2214.9 An employee who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the adverse action was unwarranted or unjustified may, at his or her option, do either of the following:

(a) Enroll as a new employee; or

(b) Have coverage restored with appropriate adjustments made in contributions and claims to the same extent and effect as though the removal or suspension had not taken place.

2214.10 Except as provided in Subsection 2214.12 of this section, basic life insurance and optional life insurance of an insured employee continue without cost to the employee while he or she is in a non-pay status for up to three hundred sixty-five days (365 days), at which time it stops, subject to a thirty-one day (31-day) extension of insurance coverage.

2214.11 The three hundred sixty-five day (365-day) period described in Subsection 2214.10 of this section may be continuous or broken by periods of less than four (4) consecutive months in a pay status.

2214.12 If a claim is filed by a beneficiary or assignee, if any, in accordance with Subsections 2215.1 and 2215.2 of this chapter for an employee who is in a non-pay status at the time of death, the Director of the DCHR, shall determine the value of employee contributions not withheld from the employee during the preceding twelve (12) months because the employee was in a non-pay status and shall authorize the life insurance company selected in accordance with subsection 2218.1 of this chapter to withhold an amount equal to the value of those contributions. Any such amount shall be deducted from the payment due each beneficiary in proportion to the percentage of the total benefit being received by that beneficiary.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2214

6-B DCMR § 2215 FILING A CLAIM UNDER DCEGLI

2215.1 The Director of the DCHR shall establish procedures for the filing of claims by the assignee, if any, or the beneficiary when death of an employee or annuitant occurs.

2215.2 If an employee has elected Option C - Family coverage described in Subsection 2210.4 of this chapter, the employee shall be required to file a claim in accordance with procedures established by the Director of the DCHR.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2215

6-B DCMR § 2216 DEATH CLAIMS-ORDER OF PRECEDENCE-DCEGLI

2216.1 The amount of group life insurance in force on an employee or annuitant at the date of his or her death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of the death of the employee or annuitant, in the following order of precedence:

(a) To the assignee, if any, pursuant to a viatical settlement as provided in Section 2221 of this chapter;

(b) To the beneficiary or beneficiaries designated by the employee or annuitant of file with the employer executed and filed before death in a manner prescribed by the Director of the DCHR;

(c) If there is no designated beneficiary, to the widow or widower of the employee or annuitant;

(d) If none of the above, to the child or children of the employee or annuitant and descendants of a deceased child or children by representation;

(e) If none of the above, to the parents or parent of the employee or annuitant;

(f) If none of the above, to the duly appointed personal representative of the estate of the employee or annuitant; and

(g) If none of the above, to the other next of kin of the employee or annuitant under the laws of the domicile of the employee or annuitant at the date of death.

2216.2 If no claim has been filed by any of the persons set forth in Subsection 2216.1 of this section within four (4) years of the date of death of an employee or annuitant, the funds shall be deposited into the General Fund of the District of Columbia to be kept for safekeeping and disbursed in accordance with the Uniform Disposition of Unclaimed Property Act (D.C. Law 3-160; D.C. Official Code §§ 42-201 et seq.).

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2216

6-B DCMR § 2217 DESIGNATION OF BENEFICIARY

2217.1 A designation of beneficiary shall be either in writing or through electronic submission and received by the personnel authority (or the applicable retirement system office in the case of an annuitant or retiree whose basic DCEGLI coverage is continued) before the death of the insured. In the event that more than one designation exists, the designation with the later date shall be used to determine beneficiaries.

2217.2 A change or cancellation of beneficiary in a last will or testament, or in any other document not witnessed and filed as required by Subsection 2217.1 of this section, shall not have any effect.

2217.3 A witness to a designation of beneficiary shall be ineligible to receive payment as a beneficiary.

2217.4 Any individual, firm, corporation, or legal entity (except an agency of the Federal or District of Columbia governments) may be named as beneficiary.

2217.5 A designation of beneficiary or a change in beneficiary may be made at any time and without the knowledge or consent of the previous beneficiary. This right shall not be waived or restricted.

2217.6 If an insured individual provides in a valid designation of beneficiary that a designated beneficiary shall be entitled to the proceeds of the insurance only if the beneficiary survives him or her for a period of time (not more than thirty (30) days) as specified by the designator, no right to the insurance shall vest to that beneficiary. If that beneficiary does not survive the specified period, payment of the proceeds of the insurance shall be made as if the beneficiary had predeceased the insured.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2217

6-B DCMR § 2218 CONTRACTING AUTHORITY FOR DCEGLI

2218.1 Subject to the requirements of Subsection 2218.3 of this section, the Director of the DCHR may select a policy or policies from one (1) or more life insurance companies to provide the benefits set forth in this chapter. The life insurance company or companies must be licensed to transact life and accidental death and dismemberment insurance under the laws of the District of Columbia.

2218.2 Subject to the requirements of Subsection 2218.3 of this section, the Director of the DCHR may discontinue at any time a policy or policies purchased from a company under Subsection 2218.1 of this section.

2218.3 Any contract under this section shall comply with the District of Columbia Procurement Practices Act of 1985 effective February 21, 1985 (D.C. Law 6-85; D.C. Official Code §§ 2-301.01 et seq.) and shall be in accordance with any delegations of authority made under that Act.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2218

6-B DCMR § 2219 ANNUAL ACCOUNTING REPORTS FOR DCEGLI

2219.1 For the purpose of this section, the following term has the meaning ascribed:

Risk charges - an insurance charge to compensate the insurer for its risk under the contract.

2219.2 Each contract entered into under Section 2218 of this chapter shall require the company to do all of the following:

(a) Furnish reasonable reports to the District as determined by the Director of the DCHR, to be necessary to enable the District to carry out its functions under this chapter;

(b) Authorize the Director of the DCHR to examine records of the company as may be necessary to carry out the purposes of this chapter; and

Provide an accounting to the Director of the DCHR not later than ninety

(90) days after the end of each policy year. The accounting shall set forth all of the following in a form approved by the Director of the DCHR:

(1) The amounts of premiums actually accrued under the policy from the end of the policy period;

(2) The total of all mortality and other claim charges incurred for that period; and

(3) The amounts of the company's expenses and risk charges incurred for that period.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2219

6-B DCMR § 2220 SPECIAL CONTINGENCY RESERVE FOR DCEGLI

2220.1 Any amount of premiums collected (as reported in Subsection 2219.1(c)(1) of this chapter) in excess of the sum of the costs incurred (as reported in Subsection 2219.1(c)(2) and (3) of this chapter) shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy.

2220.2 The special contingency reserve shall bear interest at a rate determined in advance of each policy period by the company from which the insurance was purchased under Section 2218 of this chapter and approved by the Director of the DCHR, as being consistent with the rates generally used by the company from which the insurance was purchased under Section 2218 of this chapter for similar funds held under other group life insurance policies.

2220.3 When the Director of the DCHR, determines that the amount of the special contingency reserve is sufficient to provide for adverse fluctuations in future charges under the policy, any funds in excess of that amount may be used to increase benefits, to reduce premiums, or both, or may be deposited in the General Fund of the District.

2220.4 When a policy is discontinued, any balance remaining in the special contingency reserve after all charges have been paid shall be deposited in the General Fund of the District.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2220

6-B DCMR § 2221 VIATICAL SETTLEMENT

2221.1 An insured employee or annuitant who is terminally ill may make a viatical settlement in accordance with these rules and procedures to be issued by the Director of the DCHR.

2221.2 An insured individual who elects to viaticate must assign all of his or her insurance coverage, except that accidental dismemberment insurance and family optional insurance are excluded from such assignment.

2221.3 The assignment of an individual's life insurance coverage shall be irrevocable.

2221.4 The assignment shall become effective when recorded by the life insurance company authorized to provide life insurance coverage for the DCEGLI program.

2221.5 When an insured employee or annuitant makes a viatical settlement, any prior designation of beneficiary which might have been made shall be automatically cancelled and the insured person shall no longer have the right to designate a beneficiary.

2221.6 An assignee shall have the right to make beneficiary changes and to apply for conversion of the life insurance coverage under the same conditions as were available to the insured employee or former employee for conversion as provided in this chapter.

History

• SOURCE: Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2221

6-B DCMR § 2299 DEFINITIONS

For the purposes of this chapter, the following terms have the meaning ascribed:

Accidental death and dismemberment - a provision added to an insurance policy for payment of an additional benefit in case of death or dismemberment by accidental means.

Annuitant - an employee first employed by the District of Columbia government after September 30, 1987, who subsequently retired pursuant to any of the following conditions:

(a) Retires under any of the following systems:

(1) Teachers' Retirement System;

(2) Police and Fire Retirement System;

(3) Judges' Retirement System; or

(4) Teachers' Insurance and Annuity Association programs; or

(b) Separated pursuant to under the District Retirement Benefit Program and after any of the following:

Reaching 57 years of age and having completed 25 years of creditable District service in a law enforcement position;

(2) Becoming entitled to retirement benefits under the Social Security Act and having ten (10) or more years of service the District Government; or

(3) Becoming entitled to disability benefits under the Social Security Act.

Assignee - an individual or firm to whom ownership of an employee's or former employee's life insurance coverage is transferred through a viatical settlement.

Dependent child - a natural child, adopted child, stepchild, or foster child of an employee, retiree, or annuitant who is any of the following:

(a) An unmarried dependent child through twenty-one (21) years of age;

(b) An unmarried dependent child through twenty-four (24) years of age, who is a full-time student; or

(c) An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age twenty-one (21).

Director of the DCHR - the Director of the D.C. Office of Department of Human Resources.

District - the District of Columbia, including the District of Columbia Courts or any independent agency, if the courts or any agency duly accept the plan, with the approval of the Director of the DCHR.

Pay authority - the Mayor or his or her designee, who has been delegated the authority to establish the pay system as provided in subchapter XI of Title 1 of the CMPA (D.C. Official Code § 1-611.04, et seq.).

Personnel authority - an individual or entity with the authority to administer all or part of a personnel management program as provided in Subchapter IV of Title 1 of the CMPA (D.C. Official Code §§ 1-604.01, et seq.).

Viatical settlement - an irrevocable assignment of all an employee's or former employee's incidents of ownership in a life insurance policy.

History

• SOURCE: Final Rulemaking published at 41 DCR 3328 (June 10, 1994); as amended by Final Rulemaking published at 44 DCR 2833 (May 9, 1997); as amended by Final Rulemaking published at 44 DCR 5368 (September 19, 1997); as amended by Final Rulemaking published at 60 DCR 11218 (August 2, 2013); as amended by Final Rulemaking published at 62 DCR 12687 (September 25, 2015). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2299

6-B24 REDUCTIONS IN FORCE

6-B DCMR § 2400 APPLICABILITY

2400.1 The provisions of sections 2400 through 2499 of this chapter shall apply to:

All employees appointed in the Career Service under the authority of section 801 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Official Code § 1-608.01 (2006 Repl. & 2011 Supp.));

Employees in the Educational Service in the Office of the State Superintendent of Education under the authority of section 801a of the CMPA (D.C. Official Code § 1-608.01a (2006 Repl. & 2011 Supp.));

Any attorneys appointed to the Excepted Service; and

All line attorneys and supervisory and non-supervisory attorneys who do not occupy Senior Executive Attorney Service positions who are appointed to the Legal Service under the authority of sections 851 through 862 of the CMPA (D.C. Official Code §§ 1-608.51, et seq. (2006 Repl. & 2011 Supp.)).

2400.2 The provisions of sections 2438 through 2446 of this chapter apply to:

(a) All attorneys appointed to the Senior Executive Attorney Service under the authority of section 853 of the CMPA (D.C. Official Code § 1-608.53 (2006 Repl. & 2011 Supp.));

(b) All employees appointed to the Excepted Service under the authority of sections 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01, et seq. (2006 Repl. & 2011 Supp.)); and

(c) All employees appointed to the Management Supervisory Service under the authority of sections 951 through 958 of the CMPA (D.C. Official Code §§ 1-609.51, et seq. (2006 Repl. & 2011 Supp.)).

2400.3 The provisions of sections 2438 through 2445 of this chapter shall apply to all employees appointed to the Executive Service under the authority of sections 1051 through 1063 of the CMPA (D.C. Official Code §§ 1-610.51, et seq. (2006 Repl. & 2011 Supp.)).

2400.4 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Senior Executive Attorney, Excepted, and Management Supervisory Services only when applying the provisions of sections 2438 through 2446 of this chapter.

2400.5 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Executive Service only when applying the provisions of sections 2438 through 2445 of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400 (July 13, 2012).

6-B DCMR § 2401 ACTIONS COVERED

2401.1 Each personnel authority shall follow these regulations when releasing a competing employee from his or her competitive level when the release is required by any of the following:

(a) Lack of work;

(b) Shortage of funds;

(c) Reorganization or realignment; or

(d) The exercise of restoration rights as provided in 38 U.S.C. § 2021 et seq.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2402 ACTIONS NOT COVERED

2402.1 This chapter shall not apply to the following:

(a) The termination of a temporary promotion;

(b) The return of an employee to the position from which the employee was promoted on a temporary or term basis;

(c) Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted;

(d) The return to a former or comparable position of a supervisor or manager who failed to satisfactorily complete the required probationary period;

(e) Termination of a term appointment upon its expiration date;

(f) Termination of a temporary appointment, including a Temporary Appointment Pending Establishment of a Register (TAPER);

(g) Reduction in grade as a result of a position classification action affecting the employee’s position;

(h) Demotion as a result of change in classification standards or error in the application of either of the following:

(1) Classification or qualification standards; or

(2) Time-in-grade requirements for promotion;

(i) The separation of an employee or a change in an employee’s position or grade as a result of an action taken pursuant to Chapter 16 of these regulations; or

(j) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

2402.2 To the extent inconsistent with the provisions of a collective bargaining agreement, this chapter shall not apply to employees covered by such agreement with respect to the specific inconsistencies.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8401 (July 13, 2012).

6-B DCMR § 2403 AGENCY CONSIDERATIONS PRIOR TO PLANNING A REDUCTION IN FORCE

2403.1 Planning the work program and organizing the work force to accomplish the work program within available resources shall be the responsibilities of the agency.

2403.2 An agency may, within its budget authorization, take appropriate action, prior to planning a reduction in force, to minimize the adverse impact on employees or the agency. Examples of such actions are the following:

(a) Job sharing and reduced working hours under section 2404 of this chapter;

(b) Reassigning employees to vacant positions which have been determined to be essential to the continued maintenance of the agency's operation;

(c) Filling vacancies with temporary employees to perform essential work, or contracting out such work, until the reduction in force takes place;

(d) Freezing vacancies when reductions in funds are anticipated; and

(e) Furloughing employees in accordance with the provisions of sections 2438 through 2446 of this chapter when reductions in expenditures are required.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8402 (July 13, 2012).

6-B DCMR § 2404 JOB SHARING AND REDUCED WORKING HOURS

2404.1 An employee may be assigned to job sharing or reduced working hours, provided the following conditions are met:

(a) The employee is not serving under an appointment with a specific time limitation; and

(b) The employee has voluntarily requested such an assignment in response to the agency’s request for volunteers for the purpose of considering the provisions of subsection 2403.2(a) of this chapter in order to preclude conducting, or to minimize the adverse impact of, a reduction in force.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8402 (July 13, 2012).

6-B DCMR § 2405 GENERAL PROVISIONS

2405.1 Each personnel authority and agency head shall apply the rules set forth in sections 2400 through 2431 of this chapter when conducting a reduction in force.

2405.2 Personnel authorities and agencies may, in order to minimize the adverse impact of a reduction in force, offer a released employee a vacant position for which he or she qualifies.

2405.3 The need to apply reduction-in-force procedures shall not suspend an agency’s authority and responsibility to discipline, remove, demote, or reassign any employee under any other chapter of these regulations.

2405.4 Personnel authorities have authority over the preparation for, and implementation of, a reduction in force, provided that agencies under the personnel authority of the Mayor shall not plan or conduct the reduction in force without the Mayor’s approval, as provided in subsection 2406.4 of this chapter.

2405.5 If the personnel authority finds that preparations are contrary to these regulations, the personnel authority shall require appropriate corrective action. Such action shall be implemented prior to the completion of the reduction in force.

2405.6 An action which has been found by the personnel authority or the Office of Employee Appeals to be erroneous as a result of procedural error shall be reconstructed and a re-determination made of the appropriate action under the provisions of this chapter.

2405.7 The retroactive reinstatement of a person who was separated by a reduction in force under this chapter may only be made on the basis of a finding of a harmful error as determined by the personnel authority or the Office of Employee Appeals. To be harmful, an error shall be of such a magnitude that in its absence the employee would not have been released from his or her competitive level.

2405.8 During a reduction in force, the agency, with the approval of the personnel authority, may increase or decrease the number of positions previously identified for abolishment.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8402 (July 13, 2012).

6-B DCMR § 2406 CONDUCTING A REDUCTION IN FORCE

2406.1 If a determination is made that a reduction in personnel is to be conducted pursuant to the provisions of sections 2400 through 2431 of this chapter, the agency shall submit a request to the appropriate personnel authority to conduct a reduction in force (RIF).

2406.2 Upon approval of the request as provided in subsection 2406.1 of this section, the agency conducting the reduction in force shall prepare a RIF Administrative Order, or an equivalent document, identifying the competitive area of the RIF; the positions to be abolished, by position number, title, series, grade, and organizational location; and the reason for the RIF.

2406.3 Any changes following the submission and approval of the request to conduct a reduction in force shall be made by issuance of an amendment to the administrative order by the agency.

The approval by the appropriate personnel authority of the RIF Administrative Order by the appropriate personnel authority shall constitute the authority for the agency to conduct a reduction in force.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8402 (July 13, 2012).

6-B DCMR § 2407 UNAUTHORIZED DETAILS

2407.1 Any agency head initiating a reduction in force shall assure that no covered employee in the affected competitive area is serving on an unauthorized detail.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2408 DETERMINING RETENTION STANDING

2408.1 The retention standing of each competing employee shall be determined on the basis of tenure of appointment, length of creditable service, veterans preference, residency preference, and relative work performance, and on the basis of other selection factors as provided in these regulations. Together these factors shall determine whether an employee is entitled to compete with other employees for employment retention and, if so, with whom, and whether the employee is retained or released.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2409 COMPETITIVE AREA

2409.1 Except as provided in this section, each agency shall constitute a single competitive area.

2409.2 Lesser competitive areas within an agency may be established by the personnel authority.

2409.3 An agency head may request the personnel authority to establish lesser competitive areas within the agency by submitting a written request which includes all of the following:

(a) A description of the proposed competitive area or areas which includes a clearly stated mission statement, the operations, functions, and organizational segments affected;

(b) An organizational chart of the agency which identifies the proposed competitive areas; and

(c) A justification for the need to establish a lesser competitive area.

2409.4 Any lesser competitive area shall be no smaller than a major subdivision of an agency or an organizational segment that is clearly identifiable and distinguished from others in the agency in terms of mission, operation, function, and staff.

2409.5 Employees in one competitive area shall not compete with employees in another competitive area.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2410 COMPETITIVE LEVELS

2410.1 Each personnel authority shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.

2410.2 Assignment to a competitive level shall be based upon the employee’s position of record.

2410.3 An employee’s position of record is the position for which the employee receives pay or the position from which the employee has been temporarily reassigned or promoted on a temporary or term basis.

2410.4 A competitive level shall consist of all positions in the competitive area identified pursuant to section 2409 of this chapter in the same grade (or occupational level), and classification series and which are sufficiently alike in qualification requirements, duties, responsibilities, and working conditions so that the incumbent of one (1) position could successfully perform the duties and responsibilities of any of the other positions, without any loss of productivity beyond that normally expected in the orientation of any new but fully qualified employee.

2410.5 The composition of a competitive level shall be determined on similarity of the qualification requirements, including selective factors, to perform the major duties of the position successfully, the title and series of the positions, and other factors prescribed in this section and section 2411 of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8403 (July 13, 2012).

6-B DCMR § 2411 SEPARATE COMPETITIVE LEVELS

2411.1 Separate competitive levels shall be established for the following:

(a) Positions under different pay schedules;

(b) Positions filled on a seasonal basis;

(c) Positions filled on a part-time basis;

(d) Positions filled on an intermittent basis;

(e) Positions filled by supervisors or managers; and

(f) Positions filled by employees in a formally designated trainee or developmental program having all the characteristics covered in subsection 2411.3 of this section.

2411.2 Employees whose official position descriptions have the same title, series, and grade, but who have specialties which are identified on their position descriptions by parenthetical titles in accordance with applicable classification standards, shall be assigned to separate competitive levels.

2411.3 A position shall be considered as being formally designated in a trainee or developmental program if it has all the following characteristics:

(a) The program was designed to meet the agency's needs and requirements for the development of skilled personnel;

(b) The program was formally designated, with its provisions made known to employees and supervisors;

(c) The program is developmental by design, offering planned growth in duties and responsibilities, and providing advancement in recognized lines of career progression; and

(d) The program is fully implemented, with the participants chosen through competitive selection procedures of Chapter 8 of these regulations.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8403 (July 13, 2012).

6-B DCMR § 2412 RETENTION REGISTER

2412.1 A retention register shall be established by the appropriate personnel office whenever a competing employee is to be released from his or her competitive level.

2412.2 A separate retention register shall be prepared for each competitive level in the competitive area.

2412.3 The retention register shall document the final action taken, and the effective date of that action, for each employee released from his or her competitive level.

2412.4 Each competitive level shall be identified by the title, series, and grade of the position(s) that composed the competitive level.

2412.5 When a competitive level consists of two (2) or more different titles, each position title shall be identified on the retention register.

2412.6 The retention register for each competitive level shall list all positions in the competitive level. A written justification shall be attached to the retention register when positions of the same title, series, and grade are placed in different competitive levels.

2412.7 The retention register shall include all of the following:

(a) The name of each competing employee in the competitive level, whether in duty status or paid or unpaid leave status;

(b) The name of each competing employee in the competitive level who is receiving continuation of pay under section 2318 of the CMPA (D.C. Official Code § 1-623.18 (2006 Repl.));

(c) The name of each competing employee in the competitive level who is in a leave-without-pay status based upon receipt of disability compensation benefits under sections 2301 through 2347 of the CMPA (D.C. Official Code §§ 1-623.01, et seq. (2006 Repl. & 2011 Supp.));

(d) The name of each competing employee detailed or temporarily reassigned from the competitive level;

(e) The name of each competing employee temporarily promoted from the competitive level by a temporary or term promotion; and

(f) The name of each competing employee on a temporary assignment from the competitive level to a governmental entity, an institution of higher education, or a private sector organization pursuant to Chapter 27 of these regulations.

2412.8 An employee on military duty with restoration rights as specified in Chapter 8 of these regulations shall not be placed on a retention register.

2412.9 An employee who has received a written decision under Chapter 16 of these regulations to demote him or her shall compete for retention in the position to which he or she will be demoted.

2412.10 At the bottom of the retention register, or on a separate list appended to the retention register, in the order set forth below, shall be the following:

(a) The name and expiration date of the appointment or reassignment of each employee serving in a position in the competitive level who is in a specifically limited temporary appointment or on a temporary reassignment;

(b) The name and expiration date of promotion of each employee serving in a position in the competitive level on a temporary or term promotion; and

(c) The name of each employee serving in a position in the competitive level with a current performance rating of “Inadequate Performer,” which is Level 1 of the Performance Management system set forth in Chapter 14 of these regulations; or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in Chapter 36 of these regulations, as applicable.

2412.11 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations, will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of subsection 2412.10(c) of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8403 (July 13, 2012).

6-B DCMR § 2413 RETENTION STANDING: TENURE GROUPS

2413.1 The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.

2413.2 Competing employees shall be categorized on a retention register in the groups listed in subsection 2413.3 of this section on the basis of tenure of employment, including additional credit as provided in sections 2416 and 2417 of this chapter.

2413.3 The retention register groups, in descending order of retention standing, shall be tenure group I, group II, and group III.

Within each group, employees shall be listed by their reduction-in-force service computation date, as defined in subsection 2415.3 of this chapter, beginning with the earliest date.

2413.5 Tenure group I shall include each employee (other than an employee in group II or group III) who is not serving a probationary period.

2413.6 Tenure group II shall include the following:

(a) Each employee serving a probationary period; and

(b) Each employee who has completed his or her probationary period, and who is in an obligated position.

2413.7 Tenure group III shall include each employee serving under an indefinite appointment, a TAPER appointment, or a term appointment.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8404 (July 13, 2012).

6-B DCMR § 2414 NONCOMPETING EMPLOYEES

2414.1 An employee serving under a temporary appointment shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.

2414.2 An employee with a current performance rating of “Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.

2414.3 To ensure that non-competing employees are separated ahead of competing employees, they shall be listed separately below group III employees on the retention register or on a separate list appended to the retention register, as provided in subsection 2412.10 of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8404 (July 13, 2012).

6-B DCMR § 2415 RETENTION STANDING: LENGTH OF SERVICE

2415.1 Creditable service in determining length of service shall include all federal government, District government, and military service otherwise creditable for Civil Service Retirement System purposes under title 5 U.S.C. § 8332 or District government retirement under sections 2602 or 2603 of the CMPA (D.C. Official Code §§ 1-626.02 or 1-626.03 (2006 Repl.)).

2415.2 A reduction-in-force service computation date shall be established for each competing employee as specified in this section.

2415.3 An employee’s reduction-in-force service computation date shall be the date that reflects total creditable service plus additional service credit, if applicable, for a performance rating of “Role Model” (Level 5 of the Performance Management system set forth in chapter 14 of these regulations) or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable; veterans preference; and residency preference. The reduction-in-force service computation date shall be one (1) of the following:

(a) The date of entrance on duty, when there is no previous creditable service;

(b) The date obtained by subtracting total creditable previous service from the date the employee last entered on duty; or

(c) The date obtained by subtracting from the date established by subsection 2415.3(a) or (b) of this section the additional service credit allowed for one (1) or more of the following:

A current performance rating of “Role Model” or equivalent performance rating under the Legal Service performance appraisal system, as applicable, in accordance with subsection 2416.1 of this chapter;

A preference eligible in accordance with subsections 2417.4 and 2417.5 of this chapter; and

(3) Residency preference in accordance with section 2418 of this chapter.

2415.4 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system, and for the purposes of subsection 2415.3 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8405 (July 13, 2012).

6-B DCMR § 2416 RETENTION STANDING: PERFORMANCE RATING

2416.1 Each employee who has a current performance rating of “Role Model,” which is Level 5 of the Performance Management system set forth in chapter 14 of these regulations, or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be credited with four (4) years of additional service.

2416.2 The current performance rating shall be the performance rating for the year which ended on the March 31, August 31, or September 30, as applicable, that precedes the date of the reduction-in-force notice.

2416.3 To be credited under subsection 2416.1 of this section, the performance rating must have been officially acted upon with all the necessary approvals and received in the appropriate personnel office maintaining the official personnel folder no later than thirty (30) days before the close of business of the day immediately before the reduction-in-force notice is issued.

2416.4 A performance rating received by the personnel authority after the date specified in subsection 2416.3 of this section shall not change the employee’s retention standing.

2416.5 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8406 (July 13, 2012).

6-B DCMR § 2417 RETENTION STANDING: VETERANS PREFERENCE

2417.1 In accordance with section 2402(b)(1) of the CMPA (D.C. Official Code § 1-624.02(b)(1) (2006 Repl. & 2011 Supp.)), veterans preference eligibility shall be determined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management.

2417.2 Pursuant to the regulations referred to in subsection 2417.1 of this section, a retired member of a military service shall be considered preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:

(a) The employee’s military retirement is based on disability that either:

(1) Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

(2) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by 38 U.S.C. §§ 101 and 301;

(b) The employee’s military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or

(c) The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

2417.3 An employee who would otherwise be considered a preference eligible under conditions in subsections 2417.2(b) or (c) of this section shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.

2417.4 A preference eligible employee having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

2417.5 A preference eligible employee other than as described in subsection 2417.4 of this section shall be credited with four (4) years of additional service.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8406 (July 13, 2012).

6-B DCMR § 2418 RETENTION STANDING: RESIDENCY PREFERENCE

2418.1 Three (3) years of additional service shall be credited to each competing employee who is eligible for a residency preference as provided in subsection 2418.2 of this section.

2418.2 Residency preference eligibility in a reduction in force shall be afforded to all of the following:

(a) Each competing employee who is a bona fide resident of the District of Columbia;

(b) Each competing employee who is not a resident of the District of Columbia, but who was hired prior to January 1, 1980 and has continued employment without a break in service of one (1) workday or more since that date; and

(c) Each competing employee who is not a resident of the District of Columbia, but who was a former employee of the U.S. Department of Health & Human Services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, pursuant to the provisions of § 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (P.L. 98-621; 98 Stat. 3376; 24 U.S.C. § 225e(b)), and who has continued employment without a break in service of one (1) workday or more since that date.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8407 (July 13, 2012).

6-B DCMR § 2419 EFFECTIVE DATE OF RETENTION STANDING

2419.1 The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.

2419.2 When the personnel authority discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction-in-force action in accordance with the employee's true retention standing as of the effective date established under this section.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2420 RELEASE FROM COMPETITIVE LEVEL

2420.1 A competing employee shall not be released from a competitive level while any of the following is retained in that level:

(a) An employee with a specifically limited temporary appointment;

(b) An employee with a specifically limited temporary or term promotion; or

(c) An employee with a performance rating of ”Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations as applicable.

2420.2 A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under section 2421 of this chapter when an employee is retained under a mandatory exception.

2420.3 Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.

2420.4 When one (1) or more but not all employees with the same reduction-in-force service computation dates in the same tenure group must be released from a competitive level, the ties shall be broken as follows:

(a) The employee who encumbers the position to be abolished shall be released;

(b) If still tied, the employee who has the least service in the agency shall be released; and

(c) If still tied, the last digit of the social security number shall be used, and the employee with the lowest last digit shall be released.

2420.5 When an employee is selected for release from his or her competitive level, the personnel authority shall separate the employee from service.

2420.6 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system; and for the purposes of subsection 2420.1 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8408 (July 13, 2012).

6-B DCMR § 2421 MANDATORY EXCEPTIONS

2421.1 When employees are released from their competitive levels under section 2420 of this chapter, the special retention preferences outlined in this section shall be applicable.

2421.2 Each group I or II preference eligible employee entitled to retention for one (1) year after restoration under the Vietnam Veterans Readjustment Assistance Act of 1974 (38 U.S.C. § 2021 et seq.), shall be retained over other employees in his or her tenure group for the retention period.

2421.3 Each group I or II non-preference eligible employee entitled to retention for either six (6) months or one (1) year after restoration under the Vietnam Veterans Readjustment Assistance Act of 1974 (38, U.S.C. § 2021 et seq.), shall be retained over other employees in his or her tenure group for the retention period.

2421.4 The retention register shall indicate the reasons for any deviation from the regular order of selection required by subsections 2421.2 and 2421.3 of this section, respectively.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8408 (July 13, 2012).

6-B DCMR § 2422 NOTICE TO EMPLOYEES

2422.1 Each competing employee selected for release from his or her competitive level under this chapter shall be entitled to written notice at least thirty (30) full days before the effective date of the employee’s release.

2422.2 The notice required by subsection 2422.1 of this section shall not be issued until the administrative order provided for in subsection 2406.3(a) of this chapter, or any amendment to that order, has been approved by the appropriate personnel authority.

2422.3 A notice shall not be issued less than thirty (30) days before the effective date of the employee’s release.

2422.4 In counting the thirty-day (30 day) minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next workday.

2422.5 An agency shall not retain an employee beyond the end of the notice period.

2422.6 The notice to the employee shall specify the effective date of the employee’s release from his or her competitive level.

2422.7 A notice shall expire when followed by the action specified in the notice, or in an amendment made to the notice before the agency takes the action. Such amendment shall be permitted without extension of the notice period only when the action to be taken is less severe than the action in the original notice.

2422.8 A reduction-in-force action shall not be taken before the effective date of a notice.

2422.9 An employee shall be retained in an active duty status during the notice period, unless on leave pursuant to section 1203 of the CMPA (D.C. Official Code § 1-612.03 (2006 Repl.)).

2422.10 Except as provided in subsection 2422.11 of this section, an employee who receives written notice of release from his or her competitive level due to a reduction in force shall be entitled to be retained in an active duty status during the notice period.

2422.11 An employee who receives written notice of release from his or her competitive level due to reduction in force may be placed on administrative leave at the discretion of the agency head (or his or her designee).

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8408 (July 13, 2012).

6-B DCMR § 2423 CONTENT OF NOTICE

2423.1 Each notice shall state the following:

(a) The specific action to be taken and its effective date;

(b) The employee’s competitive area, competitive level, tenure group, and reduction-in-force service computation date;

(c) The place where the employee may inspect the regulations and records pertinent to his or her case;

(d) The reasons for retaining a lower-standing employee in the same competitive level, if applicable;

(e) The employee’s appeal rights, including the time limit for appeal and the location of the office to which an appeal should be sent; and

(f) If applicable, specific information concerning the employee’s right to priority placement consideration, including the method in which the employee will be referred for agency reemployment priority consideration when the reduction in force was conducted in a lesser competitive area.

2423.2 A notice may either be a complete single notice, or a notice with an attachment containing the information specified in subsection 2423.1(f) of this section.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8409 (July 13, 2012).

6-B DCMR § 2424 RECORDS

2424.1 Each personnel authority shall maintain the correct records needed to determine the retention standing of competing employees.

2424.2 Each personnel authority shall allow inspection of retention registers and related records by the following:

(a) An employee of the agency who is affected by the reduction in force (or his or her representative);

(b) A supervisor or manager whose unit is affected by the reduction in force;

(c) The Corporation Counsel (or his or her designee) representing the District government in a matter pursuant to this chapter;

(d) The Office of Employee Appeals (OEA), to the extent that requested registers and records have a bearing upon an appeal before the OEA; and

(e) Others who are determined by the personnel authority to have a legitimate need to review these materials in order to carry out their official duties.

2424.3 All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction-in-force notice, or until any appeal is decided, whichever is later.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2425 APPEALS

2425.1 An employee who has received a notice of reduction in force may file an appeal with the Office of Employee Appeals (OEA) under the provisions of OEA’s regulations if he or she believes that his or her agency has incorrectly applied the provisions of this chapter.

2425.2 Any appeal filed with the OEA shall be filed within thirty (30) days of the effective date of the agency action.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2426 PRIORITY PLACEMENT CONSIDERATION FOR ATTORNEYS IN THE LEGAL SERVICE AND EXCEPTED SERVICE

2426.1 The following attorneys shall be eligible for priority consideration under the agency reemployment priority program upon separation from their competitive level:

(a) Line attorneys in the Legal Service;

(b) Supervisory or non-supervisory attorneys in the Legal Service who do not occupy Senior Executive Attorney Service positions; and

(c) Attorneys appointed to the Excepted Service who do not have reinstatement eligibility to the Career Service.

2426.2 Priority consideration under the agency reemployment program for attorneys described in § 2426.1 shall be limited only to other attorney positions in the Service the individual was serving in at the time of separation that are at grades no higher than the grade held by the employee at the time of separation.

2426.3 An employee as described in subsection 2426.1 of this section who has reinstatement eligibility to the Career Service and who is separated from his or her competitive level shall be eligible for priority consideration, under the agency reemployment priority program and the displaced employee program, for positions for which qualified, at grades no higher than the grade last held under a Career Appointment (Permanent) or at any lower grade acceptable to the employee.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8409 (July 13, 2012).

6-B DCMR § 2427 AGENCY REEMPLOYMENT PRIORITY PROGRAM

2427.1 The personnel authority shall establish and maintain a reemployment priority list for each agency in which it separates group I and II employees.

2427.2 As appropriate, when a reduction in force is conducted in a lesser competitive area established pursuant to section 2409 of this chapter, the personnel authority may:

(a) Limit the agency reemployment priority list to group I and group II employees separated from the lesser competitive area in which the reduction in force was conducted; and

(b) Limit referrals pursuant to this section and section 2428 of this chapter to positions within the lesser competitive area in which the reduction in force occurs.

2427.3 The reemployment priority list shall be annotated to identify those employees who are eligible for placement assistance limited to other attorney positions only, as provided in subsection 2426.1 of this chapter.

2427.4 A group I employee’s name shall remain on the reemployment priority list for two (2) years, and a group II employee’s name for one (1) year, from the date he or she was separated from his or her competitive level.

2427.5 An employee covered under the provisions of this section shall be entered automatically on the reemployment priority list immediately after it has been determined that the employee is to be adversely affected by the reduction in force and not later than issuance of the notice of reduction in force.

2427.6 Except as provided in subsection 2426.1 of this chapter, the employee’s name shall be entered on the appropriate agency reemployment priority list for all positions for which qualified as follows:

(a) At his or her grade level at the time of separation; and

At any lower grade acceptable to the employee.

2427.7 The agency may delete an employee’s name from the list when he or she declines a non-temporary position with a tour of duty similar to the position from which separated that is at the same grade level from which he or she was separated or at any lower grade acceptable to the employee.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8409 (July 13, 2012).

6-B DCMR § 2428 APPOINTMENTS FROM AGENCY REEMPLOYMENT PRIORITY LISTS

2428.1 When a qualified person is available on the agency reemployment priority list, including a lesser competitive area reemployment priority list, as appropriate, a Career Service position within the competitive area shall not be filled except as provided in Chapter 8 of these regulations concerning priority placement categories and order of priority, and shall not be filled by the following:

(a) A new appointment;

(b) Transfer; or

(c) Reemployment of a person not on the appropriate agency reemployment priority list.

2428.2 Subsection 2428.1 of this section shall not apply when all qualified persons on the agency reemployment priority list decline or fail to respond to offers of employment.

2428.3 In selecting employees on the agency reemployment priority list from among those adversely affected by reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees’ relative standing in their competitive levels. In this regard, a lower standing employee shall not be offered a position if a higher standing employee qualifies for the position, unless the higher standing employee declines the position.

2428.4 The order of priority in selecting from an agency reemployment priority list shall be as follows:

(a) For positions from which separated, offers of employment shall be made according to the displaced employee’s relative standing in his or her competitive level. In this regard, a lower standing displaced employee shall not be offered a position if a higher standing displaced employee is on the agency reemployment priority list, unless the higher standing displaced employee declines the position; and

(b) For positions other than from which separated, preference shall be given to a tenure group I displaced employee over a tenure group II displaced employee, without regard to their relative standing within the tenure group.

2428.5 When a position becomes available in the agency or lesser competitive area in which the reduction in force is conducted, as applicable, preference shall be given to the reemployment of a person who is on the agency reemployment priority list over a person who is on the displaced employee program list under section 2429 of this chapter.

2428.6 A personnel authority may appoint a person not on the agency reemployment priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the agency or lesser competitive area by a person on the list with higher standing than the person appointed.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8410 (July 13, 2012).

6-B DCMR § 2429 DISPLACED EMPLOYEE PROGRAM

2429.1 Each personnel authority shall establish and maintain a displaced employee program list for priority placement referral of its displaced employees to all agencies or any other identifiable organizational components within the personnel authority under its administrative control.

2429.2 The D.C. Department of Human Resources (DCHR) may establish and maintain a displaced employee program list for priority referral of employees displaced by reduction in force in any subordinate agency with personnel authority. Subordinate agencies with personnel authority include the Child and Family Services Agency, the Department of Mental Health, and the Department of Disability Services.

2429.3 A group I employee’s name shall remain on the displaced employee program list for two (2) years, and a group II employee’s for one (1) year, from the date he or she was separated from his or her competitive level.

2429.4 The displaced employee program shall be separate and distinct from the Agency Reemployment Priority Program in sections 2427 and 2428 of this chapter.

2429.5 The displaced employee program list shall consist of the following:

(a) Displaced employees in tenure groups I or II who were separated from their positions by reduction in force; and

(b) Each displaced employee in tenure group I or II who fully recovers

from a compensable injury, as defined in sections 2301 through 2347 of the CMPA (D.C. Official Code §§ 1-623.01, et seq. (2006 Repl. & 2011 Supp.)), more than one (1) year after the date compensation began, and who applies for reappointment within thirty (30) days of the date of cessation of compensation.

2429.6 The employee’s name shall be entered on the displaced employee program list for all positions for which qualified as follows:

(a) At his or her grade level at the time of separation; and

(b) At any lower grade acceptable to the employee.

2429.7 The personnel authority may delete an employee’s name from the list when he or she declines a non-temporary position, with a tour of duty similar to the position from which separated, that is at the same grade level from which he or she was separated or at any lower grade acceptable to the employee.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8410 (July 13, 2012).

6-B DCMR § 2430 APPOINTMENT FROM DISPLACED EMPLOYEE PROGRAM LIST

2430.1 When a qualified person is available on the personnel authority’s displaced employee program list, a Career Service position shall not be filled except as provided in Chapter 8 of these regulations concerning priority placement categories and order of priority, and shall not be filled by the following:

(a) A new appointment;

(b) Transfer; or

(c) Reemployment of a person not on the displaced employee program list.

2430.2 Subsection 2430.1 of this section shall not apply when all qualified persons on the displaced employee program list decline or fail to respond to offers of reemployment.

2430.3 In selecting from a displaced employee program list, preference shall be given to tenure group I employees over tenure group II employees.

2430.4 A personnel authority may appoint a person not on the displaced employee program list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the agency by a person on the list or a person on the list with higher standing than the person appointed.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8410 (July 13, 2012).

6-B DCMR § 2431 SEVERANCE PAY

2431.1 An employee separated by reduction in force pursuant to this chapter shall be entitled to severance pay not to exceed twenty-six (26) weeks’ pay at the rate received immediately before the separation, computed in accordance with the provisions of section 1148 of Chapter 11 of these regulations and as provided in section 2431.2 of this section, on the basis of the employee’s basic pay, length of creditable service, and age, as follows:

(a) To a Career Service employee who is involuntarily separated in accordance with this chapter;

(b) To an attorney in the Legal Service, other than an attorney in the Senior Executive Attorney Service, who is involuntarily separated in accordance with this chapter; or

(c) To an attorney in the Excepted Service who is involuntarily separated in accordance with this chapter

2431.2 In computing an employee’s creditable service for severance pay purposes, additional service credit shall be provided as follows:

(a) Four (4) years for an employee who qualifies for veterans preference as provided in section 2417 of this chapter;

(b) Three (3) years for an employee who qualifies for residency preference, as follows:

(1) Each competing employee who is a bona fide resident of the District of Columbia;

(2) Each competing employee who is not a resident of the District of Columbia, but who was hired prior to January 1, 1980 and has continued employment without a break in service of one (1) workday or more since that date; and

(3) Each competing employee who is not a resident of the District of Columbia, but who was a former employee of the U.S. Department of Health and Human Services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, pursuant to the provisions of section 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (P.L. 98-621; 98 Stat. 3376; 24 U.S.C. section 225e (b)), and who has continued employment without a break in service of one (1) workday or more since that date.

2431.3 Total severance pay of an employee described in section 2431.1 of this section shall be limited to not more than twenty-six (26) calendar weeks during the employee’s total years of service in the District government, except that severance pay totaling twenty-six (26) weeks or less received prior to October 21, 1998 shall not be counted for this purpose.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2432 (RESERVED)

6-B DCMR § 2433 (RESERVED)

6-B DCMR § 2434 (RESERVED)

6-B DCMR § 2435 (RESERVED)

6-B DCMR § 2436 (RESERVED)

6-B DCMR § 2437 (RESERVED)

6-B DCMR § 2438 FURLOUGH - COVERAGE

2438.1 A furlough may be conducted, in accordance with sections 2438 through 2445 of this chapter, when it is required for budgetary reasons.

2438.2 The provisions of sections 2409 and 2499 of this chapter shall apply to furloughs conducted pursuant to sections 2438 through 2445 of this chapter.

2438.3 Except as provided in section 2439 of this chapter, when a furlough is approved or directed pursuant to section 2441 of this chapter, all employees of the agency or any lesser competitive area authorized by the personnel authority pursuant to section 2409 of this chapter shall be furloughed for the same number of hours in the leave year, or, in the case of part-time employees, for a prorated number of hours.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8410 (July 13, 2012).

6-B DCMR § 2439 FURLOUGH - EXEMPTIONS

2439.1 A personnel authority may exempt from a furlough any employee who carries out public health or public safety functions.

2439.2 Any exemption that the personnel authority approves pursuant to subsection 2439.1 of this section, must be made applicable to:

Every employee in a competitive level within the competitive area; or

Every employee in a competitive level within the competitive area who is assigned to the same geographic location.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8411 (July 13, 2012).

6-B DCMR § 2440 GENERAL PROVISIONS FOR A FURLOUGH

2440.1 Each personnel authority shall have the authority to approve or direct a furlough for the reason set forth in subsection 2438.1 of this chapter; provided that agencies under the personnel authority of the Mayor shall not plan or conduct a furlough without the specific approval of the Mayor.

2440.2 Each personnel authority shall have authority over the preparation for and implementation of furloughs.

2440.3 If the personnel authority finds that the preparation for or implementation of a furlough is contrary to these regulations, the personnel authority shall require appropriate corrective action.

2440.4 Time in a non-pay status as a result of a furlough conducted pursuant to subsection 2438.1 of this chapter shall not affect an employee’s waiting period for a within-grade increase.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8411 (July 13, 2012).

6-B DCMR § 2441 APPROVAL OR DIRECTIVE TO CONDUCT A FURLOUGH

2441.1 When a furlough is approved or directed by a personnel authority, the personnel authority shall prepare and issue an administrative order or equivalent identifying all of the following:

(a) The reason for the furlough;

(b) The agency or lesser competitive area in which the furlough is to be conducted;

(c) Any exemptions from the furlough pursuant to section 2439 of this chapter;

(d) The number of furlough hours; and

(e) The designated pay period(s) in which the furlough is to be conducted.

2441.2 Any changes approved by the personnel authority following the issuance of an order to conduct a furlough, as provided in subsection 2441.1 of this section, shall be made by issuing an amendment to the administrative order or equivalent.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8411 (July 13, 2012).

6-B DCMR § 2442 REQUESTS TO CONDUCT A FURLOUGH

2442.1 If an agency determines that a furlough is required for the reason set forth in subsection 2438.1 of this chapter, the agency shall submit a request to the appropriate authority to conduct a furlough.

2442.2 A request for approval to conduct a furlough pursuant to subsection 2442.1 of this section, shall specify all of the following:

The basis for the request;

The competitive area, or any lesser competitive area authorized by the personnel authority pursuant to section 2409 of this chapter, in which the furlough is to be conducted;

Any requested exemptions pursuant to section 2439 of this chapter;

The number of furlough hours; and

The designated pay period(s) in which the furlough is to be conducted.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8412 (July 13, 2012).

6-B DCMR § 2443 SCHEDULING A FURLOUGH

2443.1 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the competitive area is to be scheduled for the same number of furlough hours.

2443.2 Furlough dates shall be scheduled in full day increments, to the extent that full day increments are available.

2443.3 An employee shall not be furloughed on any date or at any time other than those specified in the notice to the employee.

2443.4 An employee shall be furloughed on each of his or her scheduled furlough dates regardless of any leave request or other reason for absence on the furlough date.

2443.5 An employee shall not be required to work on his or her scheduled furlough date and time.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2444 NOTICE TO EMPLOYEES OF A FURLOUGH

2444.1 Each employee to be furloughed shall be entitled to written notice at least thirty (30) full days before the employee’s first furlough date.

2444.2 In counting the thirty-day (30-day) minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday or legal holiday shall be automatically extended to the next workday.

2444.3 An employee shall be entitled to a new written notice of at least thirty (30) full days if a decision is made to increase the number of scheduled furlough hours.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2445 CONTENT OF FURLOUGH NOTICE

2445.1 Each notice shall state the following:

(a) The competitive area in which the furlough is to be conducted;

(b) The dates and times on which the employee is to be furloughed;

(c) The place where the employee may review the D.C. personnel regulations governing furloughs; and

(d) The employee’s rights, including, if applicable, the time limit for appeal and the location of the office to which an appeal should be sent.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); and as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008).

6-B DCMR § 2446 APPEAL OF A FURLOUGH

2446.1 An employee who has received a notice of furlough under section 2444 of this chapter, may file an appeal with the Office of Employee Appeals (OEA) under the provisions of OEA’s regulations, unless otherwise provided under a collective bargaining agreement if he or she believes that his or her agency has incorrectly applied the provisions of sections 2438 through 2445 of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8412 (July 13, 2012).

6-B DCMR § 2499 DEFINITIONS

2499.1 When used in this chapter, the following terms shall have the meaning ascribed:

Agency – any unit of the District government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia (Council) to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District government created or organized by the Council as an agency.

Competing employee - an employee in tenure groups I, II, or III.

Competitive area - the organizational boundaries in which a reduction in force or a furlough is conducted.

Competitive level - the grouping of similar positions (in a competitive area) within which employees compete for retention.

Creditable service - all service in the employ of the District or federal government that is creditable for purposes of the employee’s retirement system.

Days - calendar days, unless otherwise specified.

Detail - a temporary assignment of an employee to a different position to meet a temporary need for a specified period, with the employee returning to his or her regular duties at the end of the detail. An employee may be detailed to an established or an unestablished position. A position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed.

Displaced employee - a former employee in the Career Service, a line attorney in the Legal Service, a supervisory and a non-supervisory in the Legal Service who does not occupy a Senior Executive Attorney Service position, or an Excepted Service attorney who was separated by reduction in force.

Furlough - the temporary involuntary placement of all employees within a competitive area in a non-duty, non-pay status for an equitable period of time within a leave year for the reason set forth in § 2438.1.

Job sharing - the occupancy of a continuing position, which is budgeted as a full-time position, by two (2) or more employees on a part-time basis continuously during a designated period. This option may be appropriately used when the agency determines that the position needs to be filled on a full-time basis in order to avoid disrupting its operation.

Obligated position - a position to which an employee has restoration rights under the provisions of the Vietnam Veterans Readjustment Assistance Act of 1974 (38 U.S.C. § 2021 et seq.).

One round of competition - a round of lateral competition for job retention in the employee's competitive level.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in section 401 of the CMPA (D.C. Official Code §§ 1-604.01, et seq. (2006 Repl. & 2011 Supp.)).

Preference eligible - a veteran preference eligible as defined in 5 U.S.C. § 2108 and § 2417 of this chapter.

Realignment - an action which affects the internal structure or functions of an agency, but which does not constitute a reorganization.

Reduced working hours - the occupancy of a position by one (1) individual on less than a full-time basis and the employee is placed in a non-duty, non-pay status either continuously or discontinuously during a designated period. This option may be appropriately used when the agency determines that the position may be filled on a part-time basis temporarily, without undue interruption of the work program.

Released employee - an employee who has been reached for release from his or her competitive level.

Reorganization – the action taken for the purposes of carrying out the objectives of section 2 of the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 (D.C. Law 4-42; D.C. Official Code § 1-315.01 (2006 Repl.)), which results in the transfer, consolidation, abolishment, addition, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof, and which is subject to adoption by legislative action, including consideration by the Council of the District of Columbia, in accordance with the Act; including but not limited to the: (1) transfer of the whole or part of an agency, or the whole or part of the functions thereof, to the jurisdiction and control of another agency; (2) consolidation of the whole or part of an agency, or the whole or part of the functions thereof, with the whole or part of another agency or the functions thereof; (3) the abolishment of the whole or part of an agency wherein such agency or part thereof does not have or will not have any functions; or (4) authorization of an officer or agency head to delegate functions vested in specific officers or agency heads not presently authorized to be delegated, except as provided in D.C. Official Code § 1-204.22(6) (2006 Repl. & 2011 Supp.)).

Retention register - the listing of employees occupying positions in a competitive level by tenure group and reduction-in-force service computation date.

Retention standing - the employee’s standing on the retention register in relation to other competing employees within his or her competitive level.

Temporary appointment - an appointment with a specific time limitation of one (1) year or less.

Temporary Appointment Pending Establishment of a Register (TAPER) –

a time-limited appointment to a continuing position in the Career Service or Management Supervisory Service that the personnel authority approved and established when:

(a) There are insufficient eligible candidates on an appropriate register or in the absence of a list of eligible candidates; and

(b) The public interest requires that the vacancy be filled before eligibles can be certified.

Tenure group - the retention group in which competing employees shall be categorized according to their current type of appointment.

Term appointment - an appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in Chapter 8 of these regulations, or as otherwise provided by statute.

History

• SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8412 (July 13, 2012).

6-B25 POLITICAL RIGHTS OF EMPLOYEES

6-B DCMR § 2500 CONTINUATION OF FEDERAL REQUIREMENTS

Title XXV of D.C. Law 2-139 continues in effect the provisions of subchapter III of chapter 73 of Title 5 of the U.S. Code, affecting political activities of employees of the District of Columbia. Therefore, the Federal regulations in Part 733 of Title 5 of the Code of Federal Regulations and applicable parts of the Federal Personnel Manual and District Personnel Manual will continue to apply to employees of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 29 DCR 3799 (September 3, 1982).

6-B26 RETIREMENT BENEFITS

6-B DCMR § 2600 CONTINUATION OF RETIREMENT SYSTEMS

2600.1 Section 2602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-626.02) (2001) provides that the existing retirement systems, which include the Civil Service Retirement System (CSRS) (Chapter 83 of 5 U.S.C.), Teachers' Retirement System, Police and Fire Retirement System, Teachers Insurance and Annuity Association programs, and the Judges' Retirement System, continue to apply to all employees of the District government, except that the CSRS shall not be applicable to individuals first employed by the District government after September 30, 1987.

2600.2 The federal regulations in 5 CFR Part 831 and applicable District of Columbia regulations continue to apply to District government employees covered under the CSRS.

History

• SOURCE: Final Rulemaking published at 27 DCR 2223 (May 23, 1980); as amended by Emergency Rulemaking published at 52 DCR 1596 (February 18, 2005) [EXPIRED]; as amended by Final Rulemaking published at 53 DCR 3266 (April 21, 2006).

6-B DCMR § 2601 DISTRICT RETIREMENT BENEFITS PROGRAM

2601.1 The District retirement benefits program (“Program”) consists of:

A defined contribution plan pursuant to § 401(a) of the Internal Revenue Code (“IRC”);

A deferred compensation plan benefit, as provided in § 457(b) of the IRC; and

Social Security, as provided in Chapter 7 of Title 42 of the U.S. Code.

2601.2 Except for positions excluded by § 2603.10, the following employees who were first employed in the District government (“District”) after September 30, 1987, are eligible to participate in the Program:

All full-time permanent employees;

Part-time permanent employees who work at least thirty (30) hours per week; and

Term appointees of more than twelve (12) months.

2601.3 This chapter and the Program shall be implemented consistent with controlling provisions in the IRC and regulations issued to implement the IRC (federal regulations”). If any provision in this chapter conflicts with the IRC and federal regulations, the IRC and federal regulations shall control.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2601

6-B DCMR § 2602 DISTRICT OF COLUMBIA DEFINED CONTRIBUTION PLAN

2602.1 The District of Columbia Defined Contribution Plan (“401(a) Plan”) is designed to comply with the requirements §§ 401(a) and 501(a) of the IRC and the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-626.01 et seq.) (the “Act”).

2602.2 There shall be established an irrevocable trust called the § 401(a) Trust (“Trust”), that shall be managed so as to be exempt from income tax under § 501(a) of the IRC. The funds contributed by the District under the 401(a) Plan shall be placed in the Trust. The assets of the Trust shall be administered by the Mayor.

2602.3 Contributions made to the Trust by the District are for the purpose of distributing the Trust’s principal and income to employees in accordance with the 401(a) Plan.

2602.4 The 401(a) Plan shall be maintained for the exclusive benefit of employees or their beneficiaries covered under the Trust. There shall be no part of the principal or income of the Trust used for any other purpose before the satisfaction of 401(a) Plan liabilities.

2602.5 With the consent of the Administrator, the Trustee, or the Trustee’s designee may accept rollover contributions to be held for the benefit of any participant in accordance with the 401(a) Plan Document.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 38 DCR 2130 (April 12, 1991); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2602

6-B DCMR § 2603 PARTICIPATION IN THE PLAN

2603.1 Eligible employees (employees who are first employed in the District after September 30, 1987, in a benefit-eligible position in a covered employment as defined in § 2699 and who are not excluded from participation by law or regulation) are covered under the 401(a) Plan.

2603.2 The personnel authority shall enroll each eligible employee into the 401(a) Plan as a participant at the beginning of the first pay period immediately following the employee’s completion of one (1) year of creditable service, provided the employee first completes the 401(a) Plan enrollment forms.

2603.3 A participant shall have a vested interest in his or her benefits in the 401(a) Plan as outlined in § 2605.1.

2603.4 A participant who ceases to be an eligible employee but remains employed with the District, shall resume participation in the 401(a) Plan on the first day of the first pay period that commences after he or she resumes service as an eligible employee.

2603.5 The Administrator shall suspend the participation in the 401(a) Plan of any participant who separates from service for more than three (3) workdays in accordance with the 401(a) Plan Document. The participant shall resume participation in the 401(a) Plan if reinstated, restored to duty or reemployed by the District in accordance with §§ 2603.7, 2603.8, or 2603.9. If a participant is not reemployed with the District within one (1) year of separation, except as provided in §§ 2603.8 and 2603.9, he or she shall be terminated from participation in the 401(a) Plan pursuant to § 2603.6 and his or her inactive account shall be forfeited and disposed of pursuant to § 2606.8.

2603.6 The Administrator shall terminate the participation in the 401(a) Plan for:

Each participant who does not have a vested interest in his or her benefits in accordance with § 2605.1 and who is separated from service for more than one (1) year, unless the participant is reemployed by the District in accordance with §§ 2603.8 or 2603.9; and

Each participant or former participant who has a vested interest in his or her benefits in accordance with § 2605.1, or his or her beneficiary, upon receipt of all benefits in his or her active or inactive account.

2603.7 A participant in the Plan who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified, shall be entitled to immediately resume accruing creditable service for purposes of vesting in the 401(a) Plan, or to resume participation in the 401(a) Plan, whichever is applicable, and to receive any creditable service which otherwise would have been credited pursuant to §§ 2604.1, 2604.2, and 2604.3. Appropriate increases shall be made in the Trust to reflect the District contributions that would have been made had the employee not been removed or suspended.

2603.8 A former employee who is reemployed by the District within one (1) year of the date of separation shall resume participation in the 401(a) Plan immediately, without a loss of prior creditable service or forfeiture of any contributions and income allocated to his or her basic contribution account, during that period of separation from service. If a vested participant receives any or all his or her benefits during the separation from service, then he or she shall be vested only for the following amounts upon reemployment:

(a) Any remaining benefits in his or her basic contribution account;

(b) Any income allocated to his or her basic contribution account during the period of separation; and

(c) Any contributions and income allocated to his or her basic contribution account after the reemployment.

2603.9 Except as provided in § 2603.7, a participant, whether or not his or her interest in benefits has vested, who is reemployed by the District after a separation from service for more than one (1) year, must satisfy the requirements of §§ 2603.1 and 2603.2 to become eligible to participate in the 401(a) Plan, and must also satisfy the requirements of § 2605.1 to become vested in the 401(a) Plan with respect to any contributions and income allocated to his or her basic contribution account after such reemployment. If an employee has met the vesting schedule requirements in accordance with § 2605.1 prior to the separation from service, then he or she shall remain vested as to any remaining benefits, and income thereon, in his or her basic contribution account at the time of such reemployment.

2603.10 The following types of employment are “non-covered employment” for purposes of the 401(a) Plan:

(a) Any position when the employee serves under an appointment of one (1) year or less, except when the appointment follows service in a covered position by a break in service of three (3) days or less;

(b) Any position when the employee serves without an assigned tour of duty;

(c) Any position held by a summer youth employee;

(d) Any position that is not paid according to a District pay schedule and that is held by a patient or a resident in a hospital, home, or penal or mental institution of the District;

(e) Any position when the employee is paid on a contract or fee basis;

(f) Any student-employee who receives a stipend and is assigned or attached primarily for training purposes to a hospital, clinic, or laboratory operated by the District;

(g) A police officer or firefighter who is covered under the D.C. Police and Firefighters’ Retirement Plan pursuant to D.C. Official Code § 5-701(1)(A) (2019 Repl.);

(h) An employee who is covered under the D.C. Teachers’ Retirement Plan as specified in D.C. Official Code § 38-2021.13 (2018 Repl.);

(i) An employee at the University of the District of Columbia (University) who is covered under the University’s IRC § 403(b) savings plan;

(j) A substitute or evening school teacher, pursuant to D.C. Official Code § 38-2021.13 (2018 Repl.);

(k) A judge or Executive Officer employed at the District of Columbia Court of Appeals or the Superior Court, or the former Juvenile Court of the District of Columbia, District of Columbia Tax Court, Police Court, Municipal Court, Municipal Court of Appeals, or District of Columbia Court of General Sessions; and

(l) Any other service performed in a position deemed to be non-covered employment pursuant to the Act, this chapter, or the 401(a) Plan Document.

2603.11 Each participant’s account shall be charged with its proportionate share of any expenses paid from the 401(a) Plan and shall also include any functional subaccounts as may be established by the Administrator from time to time. To the extent that the Administrator determines that a functional subaccount no longer needs to be maintained, such functional subaccount may be combined with another functional subaccount. The functional subaccounts are as follows: (1) Basic Contribution Account or (2) Rollover Contribution Account.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 38 DCR 2130 (April 12, 1991); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2603

6-B DCMR § 2604 CREDITABLE SERVICE

2604.1 Creditable service shall be measured for an eligible employee from the date the employee’s eligible service under § 2601.2 begins until the date of the employee’s separation from that eligible service.

2604.2 Eligibility and vesting in the 401(a) Plan shall be based on a participant’s total number of years and months of creditable service, including any fractional parts of a calendar month. With respect to any fractional parts of a calendar month, thirty (30) calendar days shall equal one (1) calendar month.

2604.3 Service in any covered employment for less than twelve (12) months shall be counted as creditable service towards satisfying the one (1) year of creditable service for participation in the 401(a) Plan if the employee is placed in another position that qualifies as eligible service under § 2601.2 within three (3) workdays of terminating service in the previous covered position.

2604.4 An employee shall accrue creditable service for all the following purposes:

To qualify for 401(a) Plan participation, in accordance with §§ 2603.1 and 2603.2;

To determine when the interest of an employee in his or her account shall vest in accordance with § 2605.1; and

To determine when contributions are to be paid to the Trust on behalf of an employee in accordance with §§ 2603.1 and 2606.1.

2604.5 Creditable service shall not include any of the following:

When an employee is removed or suspended from service or is in an unauthorized leave without pay status for a period that exceeds thirty (30) workdays in a calendar year, except as specified in § 2603.7;

Any portion of an authorized leave of absence without pay that exceeds two (2) years, except for military leave or furlough as authorized under applicable law or regulations;

Any service performed in non-covered employment, as defined by § 2603.10;

Any prior service of an employee who was employed less than one (1) year if the employee was separated from service for more than three (3) workdays, except as provided in §§ 2603.7 and 2603.8;

Any prior service of an employee participant reemployed by the District after a separation from service of more than one (1) year, except as provided for in § 2603.9;

Any annual or sick leave accrued by an employee prior to his or her separation from service; and

Any service otherwise excluded from creditable service by law, regulations, or the 401(a) Plan Document.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2604

6-B DCMR § 2605 VESTING REQUIREMENTS

2605.1 A participant shall become fully vested in his or her benefits in the 401(a) Plan when the employee:

Attains age sixty-five (65) and separates prior to meeting the vesting requirement;

Becomes entitled to disability benefits under the Social Security Act;

Dies while employed with the District; or

Prior to December 8, 2009, completes five (5) years of creditable service in covered employment.

2605.2 Effective December 8, 2009, a participant who is not vested in the 401(a) Plan under the terms set out in § 2605.1, shall become partially and fully vested in his or her benefits in the Plan according to the following schedule:

Years of Creditable Service

Vested Percentage

Less than 2

0%

2

20%

3

40%

4

60%

5 or more

100%

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2605

6-B DCMR § 2606 DISTRICT CONTRIBUTIONS TO THE TRUST

2606.1 The District shall make contributions on no less than a quarterly basis to the Trust in an amount equal to the sum of the amounts calculated in accordance with §§ 2606.2 and 2606.3, which shall be allocated to the active account of each participant subject to the limitations on contributions as established by 26 USC § 415.

2606.2 The District shall contribute to the Trust an amount equal to five percent (5%) of the base salary of each employee participating in the 401(a) Plan, except in the case of detention officers, the District shall contribute no less than five and a half percent (5.5%) of the base salary of each participant.

2606.3 The District shall only make contributions that are consistent with the Act, this chapter, and the 401(a) Plan Document. The District shall not make contributions for any of the following:

Employees who have not attained one (1) year of creditable service;

Any period when the participant performs service in non-covered employment, as defined by § 2603.10;

Any period when a participant is in a non-pay status;

Any period when a participant has been removed or suspended from service without pay, except as provided for in § 2603.7;

Any period when the participant is separated from service in excess of three (3) workdays, except as provided in §§ 2603.7 and 2603.8; and

Any participant whose is not eligible to participate in the 401(a) Plan pursuant to the Act, this chapter, or 401(a) Plan Document.

2606.4 A participant is neither required nor permitted to make payments to the Trust.

2606.5 A participant shall have no right to any contributions or income allocated to his or her active account, until the participant becomes vested in accordance with § 2605.

2606.6 If a participant separates from the District prior to attaining the vesting requirements of § 2605, no contributions shall be allocated to his or her active account during the period of separation, and all contributions and income previously allocated to his or her active account shall be transferred to an inactive account during the period of separation.

2606.7 If the former participant is reemployed with the District in accordance with § 2603.7 or § 2603.8, all contributions and income transferred to an inactive account shall be reinstated to the participant and transferred back to an active account.

2606.8 If a participant separates from the District prior to attaining the vesting requirements of § 2605 and is not reemployed in the District in accordance with §§ 2603.7 or 2603.8, then his or her contributions and income that were transferred to an inactive account shall be forfeited.

2606.9 The Trustee shall return to the District contributions that were made to the Trust, and any income thereon, if:

The 401(a) Plan does not qualify under IRC §§ 401(a) and 501(a);

The contributions or income have been allocated to any active or inactive account under a mistake of fact; or

Any funds remain in the Trust after the 401(a) Plan has terminated and all liabilities of the Trust have been satisfied.

2606.10 No contributions to the Trust, nor any income earned thereon, shall be used for or diverted for purposes other than the exclusive benefit of the participants, former participants, and their beneficiaries, prior to the satisfaction of all liabilities to the participants, former participants, and beneficiaries.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 38 DCR 2130 (April 12, 1991); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2606

6-B DCMR § 2607 DISTRIBUTION AND FORFEITURE OF BENEFITS UNDER THE 401(a) PLAN

2607.1 Except as provided in Subsection 2607.2, a participant who has separated from the District and who has not met the two (2) years of creditable service required for vesting in a 401(a) Plan account under § 2605, shall have those contributions forfeited and shall not receive a distribution of benefits. The contributions shall be restored if the participant is rehired within one (1) year after the date of separation, as provided in § 2603.8.

2607.2 A participant who has separated from the District and who has not met the two (2) years of creditable service required for vesting in a 401(a) Plan account under § 2605, but who has attained age sixty-five (65) prior to separating from the District, separated from the District due to disability, or has separated from the District due to the participant’s death, shall become fully vested as a participant.

2607.3 Upon written request, a vested participant or former participant, or beneficiary, who separates from service, becomes disabled, or dies shall receive vested 401(a) Plan benefits distributed in a lump sum payment unless a different distribution option is elected pursuant to § 2607.5. The lump sum payment shall be made as soon as administratively feasible after satisfactory proof has been submitted, but in no more than sixty (60) days after the end of the quarter during which the separation from service, disability, or death occurs.

2607.4 If a participant dies prior to the commencement of a distribution of benefits, the benefits shall be distributed to the beneficiary in accordance with the 401(a) Plan Document.

2607.5 A vested participant, former participant, or beneficiary, may elect to have vested 401(a) Plan benefits distributed, as provided by the 401(a) Plan, pursuant to the limitations set forth in IRC § 401(a)(9), in one or a combination of the following:

Single life annuity;

Joint and survivor annuity made over the joint lives of the participant and a beneficiary;

Periodic annuity for a certain number of years without a life contingency;

Installments of substantially equal amounts for a specific period, not to exceed the life expectancy of the employee or beneficiary; or

A lump sum.

2607.6 Notwithstanding any other provisions of the 401(a) Plan Document, distributions under § 2607.5 shall be in accordance with § 2607.3 and IRC § 401(a)(9).

2607.7 A vested participant, former participant, or beneficiary of a 401(a) Plan account (excluding rollover contribution) of one thousand dollars ($1,000) or more, must submit a written request for distribution of benefits. A 401(a) Plan account of less than one thousand dollars ($1,000) (excluding rollover contributions) may be paid out without the participant’s or beneficiary’s consent.

2607.8 In no event shall the distribution of benefits to a participant or former participant, commence later than April 1 of the calendar year following the year in which he or she retires or terminates employment, or attains the age of seventy and one-half (70½), or by such other age, if any, that the Internal Revenue Service (IRS) may establish which is applicable to qualified plans under IRC § 401(a).

2607.9 Prior to any distribution of benefits from the 401(a) Plan to a former employee, the former participant must attest to his or her employment status with the District government and his or her marital or domestic partnership status and, if married or in a domestic partnership, submit written consent, witnessed by a notary public, from his or her spouse or domestic partner, to any distribution of benefits, unless it is established to the satisfaction of the Administrator that this consent cannot be obtained due to incompetence, incapacitation, or unavailability of the spouse or domestic partner.

2607.10 If a participant, former participant, or beneficiary elects to have benefits distributed in accordance with § 2607.5, his or her active account shall be transferred to an inactive account during the period for which benefits are to be distributed.

2607.11 If a former participant dies after the commencement of a distribution of benefits, distribution of any remaining benefits shall be to the beneficiary of the former participant in accordance with the 401(a) Plan Document.

2607.12 If a participant becomes disabled prior to a separation from service, benefits shall be distributed to the employee in accordance with the 401(a) Plan Document.

2607.13 If a participant or former participant dies without designating a beneficiary, distribution of any remaining benefits shall be in accordance with the 401(a) Plan Document.

2607.14 A participant or former participant who is married or in a domestic partnership may only designate a beneficiary other than his or her spouse or domestic partner upon the written attested consent of the spouse or domestic partner, unless it is established to the satisfaction of the Administrator that this consent cannot be obtained due to incompetence, incapacitation, or unavailability of the spouse or domestic partner.

2607.15 A participant who dies while performing qualified military service (as defined in 26 USC § 414(u)(5)) on or after January 1, 2007, shall be treated as if the participant resumed employment the day before death and terminated employment on the actual date of death. The account shall be payable to designated beneficiary.

2707.16 An employee of the Fire and Emergency Medical Services Department holding a valid certificate as a paramedic, serving as an emergency medical technician, or serving as a hazards or emergency medical services specialist, who is appointed to serve as a uniformed firefighter position may elect to transfer his or her 401(a) Plan account to the D.C. Police Officers’ and Firefighters’ Retirement Fund.

2707.17 A participant who is at least age seventy and a half (70½) years may request a non-hardship withdrawal from his or her 401(a) Plan account as follows:

The withdrawal request may be made at any time;

A minimum amount of one hundred dollars ($100.00) may be withdrawn; unless the amount available is less than $100.00; and

The amount withdrawn shall be distributed from the participant’s investment funds designated by the participant, provided that the designated investment funds hold a balance as of the withdrawal date sufficient to pay the full amount of the withdrawal request.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2607

6-B DCMR § 2608 DEFINED CONTRIBUTION PLAN ADMINISTRATION

2608.1 The 401(a) Plan is administered by the Chief Financial Officer for the District of Columbia (CFO). The Plan Document is available online at https://www.icmarc.org/dc/forms-and-publications/publications.html and contains the official summary description of the plan, its terms, and conditions.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2608

6-B DCMR § 2609 MISCELLANEOUS PROVISIONS

MISCELLANEOUS PROVISIONS

2609.1 Any payment of, or right to, benefits shall be non-assignable and non-alienable, except as provided in the 401(a) Plan Document or in § 2609.2.

2609.2 The payment of, or right to, benefits under the 401(a) Plan may be assigned to a non-participant pursuant to a legally enforceable qualified domestic relations order.

2609.3 The liability of the 401(a) Plan to any employee, former employee, or beneficiary with respect to the distribution of benefits shall be limited to his or her active or inactive account balance on the date of separation from service, disability, or death, and including any interest earned on the account balance.

2609.4 The District may amend or terminate the 401(a) Plan, provided that any amendment or termination shall not impair the rights of a vested employee or former employee, or his or her beneficiary, to receive any contributions, or interest earned on the account balance, allocated to his or her active or inactive account prior to the date of the termination or amendment of the 401(a) Plan.

2609.5 No vested benefits of participants, former participants, or beneficiaries shall be forfeited upon the termination of the 401(a) Plan.

2609.6 Direct transfer of eligible rollover distributions shall be made in accordance with 26 USC § 401(a)(31).

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2609

6-B DCMR § 2610 DISTRICT OF COLUMBIA DEFERRED COMPENSATION PLAN

The District established the District of Columbia Deferred Compensation Plan (“457(b) Plan”), which is an eligible deferred compensation plan under § 457(b) of the IRC.

The 457(b) Plan is a tax-advantage retirement savings account that allows eligible employees to set aside a portion of their salary through payroll deductions on a pre-tax or after-tax basis into an account that is invested at the discretion of the employee in a manner approved by the District.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2610

6-B DCMR § 2611 DEFERRED COMPENSATION ─ ELIGIBILITY

Except for positions excluded in § 2611.2, the following employees are eligible to participate in the 457(b) Plan:

All full-time permanent employees;

Part-time permanent employees who work at least thirty (30) hours per week; and

Term appointments of more than twelve (12) months.

The following types of employees are in “non-covered employment” for purposes of the 457(b) Plan:

Employees serving in a temporary appointment of one (1) year or less;

Members of a board or commission whose pay is set under D.C. Official Code § 1-611.08;

Judges and Executive Officers employed by the District of Columbia Court of Appeals or the Superior Court, or the former Juvenile Court of the District of Columbia, District of Columbia Tax Court, Police Court, Municipal Court, Municipal Court of Appeals, or District of Columbia Court of General Sessions;

Summer youth employees;

Student employees who receive a stipend and are assigned or attached primarily for training purposes to a hospital, clinic, or laboratory operated by the District government; and

Employees and other individuals who are paid on a contract or fee basis.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2611

6-B DCMR § 2612 AUTOMATIC ENROLLMENT

All eligible employees newly hired or rehired (those employees who have had a break in service of three (3) consecutive workdays or more) on or after June 10, 2019, shall be automatically enrolled in the 457(b) Plan. All eligible employees hired or rehired before June 10, 2019, may elect to enroll in the 457(b) Plan as provided in § 2613.2.

All participants who are automatically enrolled shall be deemed to have elected to defer five percent (5%) of their annual base salary, as pre-tax deferrals (“Default Deferrals”).

Participants who are automatically enrolled may increase, reduce, or cease the amount of their deferrals to the 457(b) Plan at any time. An automatically enrolled participant who elects to cease deferrals during the first thirty (30) days of employment shall be entitled to a distribution under § 2612.6.

Automatically enrolled participants shall be provided with written notification of the 457(b) Plan Automatic Enrollment policy by the effective date of their appointment. The notice shall explain:

The employee’s rights under the 457(b) Plan to designate how deferrals and earnings will be invested;

How, in the absence of an investment election by the employee, such deferrals and earnings will be invested;

The percentage of the employee’s base salary that will be deferred to the program;

The employee’s right to increase, reduce, or cease his or her deferrals to the program;

How an employee may elect investments and change or cease deferral amounts under the 457(b) Plan; and

The employee’s right to make a permissive withdrawal from the Default Deferrals, and the procedures governing such withdrawals.

Each automatically enrolled participant shall sign an acknowledgement that he or she received the written policy as specified in § 2612.4 of this section. A legal guardian’s signature is needed if the eligible participant is under eighteen (18) years of age.

Automatically enrolled participants may elect, within thirty (30) calendar days after the first day of employment, to withdraw the Default Deferrals (as adjusted for gains and losses to the date of distribution) made on his or her behalf to the 457(b) Plan. The withdrawal shall be processed, and any amounts owed shall be distributed to the participant, within sixty (60) calendar days after receipt of a request to withdraw the Default Deferrals. Any such withdrawal request will be treated as an affirmative election by the automatically enrolled participant to cease having Default Deferrals made on his or her behalf as of the date of the withdrawal request.

Any deferrals, as adjusted for gains and losses, made by the District pursuant to § 2612.1 with respect to any Default Deferrals being withdrawn pursuant to § 2612.6 shall be forfeited.

Default Deferrals made on behalf of automatically enrolled participants shall begin no later than the first pay period after the effective date of appointment.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2612

6-B DCMR § 2613 ELECTIVE ENROLLMENT; MODIFICATIONS TO ENROLLMENT

An employee who opts out of automatic enrollment under § 2612 may elect to participate in the 457(b) Plan after the end of the thirty (30) calendar days after the first day of employment. An employee who was not automatically enrolled in the 457(b) Plan may elect to participate in the 457(b) Plan at any time after the employee’s date of hire.

To participant, complete the Salary Deferral Agreement through the Employee Self-Service (ESS) in the PeopleSoft System. The agreement shall include:

The option of selecting pre-tax deferrals or after-tax (Roth) deferrals;

Amount of compensation to be deferred; and

Investment elections.

An employee enrolled in the 457(b) Plan may change his or her deferral amounts by completing the Salary Deferral Agreement. The change to the deferral amounts shall take effect not earlier than the first day of the first pay period following the date when the Salary Deferral Agreement is executed.

Participants shall have the option of electing through payroll deduction to make either pre-tax deferrals that will reduce their taxable income for the year, or after-tax deferrals (Roth deferrals) that will not reduce their taxable income for the year.

Participants may elect to defer a minimum of twenty dollars ($20) per pay period or forty-three dollars ($43) per month.

The maximum amount of compensation that a participant may defer through pre-tax and Roth deferrals under the 457(b) Plan in any taxable year shall not exceed the lesser of:

(a) The applicable dollar amount under § 457(b)(2)(A) of the IRC, or

(b) One hundred percent (100%) of the participant’s base salary, as provided for in § 457(b)(2)(B) of the IRC.

The 457(b) Plan special catch-up limitation allows a participant, for the last three (3) taxable years ending before a participant attains normal retirement age, to make contributions in excess of the limits set forth in § 2613.6. The maximum catch-up deferral amount shall be the lesser of:

Twice the maximum deferral dollar amount in effect under § 2613.6, or

An amount equal to:

The aggregate § 2613.6 limitation for the current year, plus, and

The portion of the primary limitation amount not utilized in prior taxable years in which the participant was eligible to participate in the 457(b) Plan. A participant may use a prior year only if the deferrals under the 457(b) Plan in existence during that year were subject to a maximum deferral amount.

All participants who have attained age fifty (50) or over before the close of the 457(b) Plan year shall be eligible to make additional deferrals that exceed the maximum limitation for the 457(b) Plan year, in accordance with, and subject to the limitation of, 26 CFR § 1.414(v).

Any deferrals to the 457(b) Plan account that exceed the amounts authorized by § 2613.6 shall be refunded to the participant in accordance with 26 CFR § 1.457-4(e).

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2613

6-B DCMR § 2614 VOLUNTARY TERMINATION OF ENROLLMENT

A participant may cancel his or her participation in the 457(b) Plan at any time. This participant shall provide notification of his or her cancellation through the Employee Self Service function in the PeopleSoft system. A participant’s cancellation shall take effect on the date of the request. An employee who previously cancelled his or her participation in the 457(b) Plan may subsequently recommence participation by completing the Salary Deferral Agreement through the Employee Self Service function in the PeopleSoft system.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2614

6-B DCMR § 2615 DISTRICT MATCHING CONTRIBUTION

For participants employed by the Council of the District of Columbia, Office of the District of Columbia Auditor, and the Office of Advisory Neighborhood Commissions, the District shall contribute an amount equal to an employee’s deferrals to the 401(a) Plan each pay period not to exceed three percent (3%) of his or her base salary. The District does not make matching contributions to the 401(a) Plan accounts of other employees.

Within forty-five (45) days after the end of each pay period, the District shall contribute deferrals to the Trust.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2615

6-B DCMR § 2616 INVESTMENTS

Participants shall be given an opportunity to direct investment of their respective 457(b) Plan accounts in one (1) or more of the investment funds offered by the 457(b) Plan.

When a participant makes deferrals to the 457(b) Plan and has not directed that those deferrals be invested in any specific fund(s), his or her deferrals shall be invested in the default fund selected by the 457(b) Plan provider until additional instructions are provided by the participant.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2616

6-B DCMR § 2617 TRANSFERRING INVESTMENTS FROM OTHER ACCOUNTS

Participants in the 457(b) Plan may transfer amounts from other eligible 457(b) plans or 401(k) plans into their 457(b) Plan account.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2617

6-B DCMR § 2618 DISTRIBUTION OF BENEFITS

Participants may not withdraw funds from their account, except in the case of:

Separation from the District;

Death;

Attainment of age seventy and one-half (70½); or

A severe financial hardship, pursuant to § 2618.3.

Roth deferrals and associated earnings can be withdrawn tax free if:

Five (5) years have passed since January 1 of the year of the participant’s first Roth deferrals; and

(b) The participant is at least fifty-nine and one-half (59½) years old (or disabled or deceased).

Participants may request a distribution due to a severe financial hardship by applying for an emergency withdrawal using the “District of Columbia 457(b) Deferred Compensation Plan, Application for Unforeseeable Emergency Withdrawal Form,” available at http://www.dcretire.com.

Participants may elect the time when distributions under the 457(b) Plan will begin by designating the month and year the first distribution is to be made. The first distribution date that may be elected by the participant shall be the earlier of:

Thirty-one (31) days after separation from the District, or

The date the participant attains age seventy and a half (70½).

Notwithstanding § 2618.4, a distribution of a participant’s account must be made no later than the first (1st) day of April following the calendar year in which the participant separates from the District or attains age seventy and a half (70½).

Participants eligible to receive a distribution may choose from the following payment options:

Lump sum payment;

Installment payments for a designated period, including monthly, quarterly, semi-annual, and annual installment payments;

Annuity payments; or

Direct rollover to another employer-sponsored, eligible retirement plan or to a traditional IRA.

If a participant dies before distribution of his or her account, then the beneficiary must submit a death certificate proving the death of the participant before distribution of the participant’s account pursuant to § 2618.6.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2618

6-B DCMR § 2619 TERMINATING ENROLLMENT

A person’s enrollment in the 457(b) Plan shall terminate when one (1) of the following occurs:

The participant terminates employment with the District, or

The participant ceases to be eligible to participate in the 457(b) Plan.

A participant who ceases to be eligible to participate in the 457(b) Plan, but who remains an employee of the District, shall be entitled to withdraw all of the funds from his or her account upon termination of employment.

History

• SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2619

6-B DCMR § 2620 DISTRICT OF COLUMBIA DEFERRED COMPENSATION PLAN ADMINISTRATION

The 457(b) Plan is jointly administered by the D.C. Department of Human Resources (DCHR) and the D.C. Office of the Chief Financial Officer, Office of Finance and Treasury (CFO).

The 457(b) Plan Administrator provides for the administration of the plan, which includes but is not limited to:

Enrollment of eligible employees as participants;

The maintenance of accounts and other records;

Periodic reports to participants; and

The distribution of benefits to Participants.

The 457(b) Plan Administrator shall serve as an agent of the District for purposes of providing direction to the custodian of any custodial account from time to time as to the investment of the funds held in the custodial account, and the transfer of assets to or from the custodial account.

Each Participant’s account shall be charged with its proportionate share of any expenses paid from the 457(b) Plan and shall also include any functional subaccounts as may be established by the Administrator from time to time. To the extent that the Administrator determines that a functional subaccount no longer needs to be maintained, such functional subaccount may be combined with another functional subaccount. The functional subaccounts are as follows: (1) Basic Contribution Account or (2) Rollover Contribution Account.

History

• SOURCE: Emergency Rulemaking published at 52 DCR 1596 (February 18, 2005) [EXPIRED]; as amended by Final Rulemaking published at 53 DCR 3266 (April 21, 2006); Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2620

6-B DCMR § 2699 DEFINITIONS

2699.1 As used in this chapter the following meanings apply –

Active account – the bookkeeping account maintained for each participant to record his or her allocable share of contributions and deferrals, and related income earned, and administrative expenses, which has not been designated as an inactive account.

Act – the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl.)).

Administrative expenses – the costs of administering the 401(a) and 457(b) Plans, including but not limited to any Trust expenses.

Administrator –the Chief Financial Officer (CFO) or the employees of the CFO who have the power to act for the CFO with respect to the administration of the 401(a) or the 457 Plan, as the context requires.

Automatically Enrolled Participant – a participant in the 457(b) Plan who is first hired or rehired on or after June 10, 2019.

Base salary – the base rate of pay paid to a participant, as established by a District of Columbia salary schedule, by statute or by the Mayor, excluding overtime, holiday, Sunday, compensatory time, hazard pay, environmental, or night-shift differential pay, upon which contributions to the Plan shall be determined.

Beneficiary – the person(s) or legal entity or entities designated by the participant or former participant to receive any undistributed benefits that become payable in the event of the death of the participant or former participant.

Benefits – the amount in the active or inactive account of a vested participant or former participant, or his or her beneficiary, which is available for distribution upon separation from service, disability, or death.

Benefit commencement date – the date selected by the participant or beneficiary by designating the month and year during which the first distribution is to be made.

Contribution – the amount the District deposits into the Trust in accordance with § 2606.1 of this chapter.

Covered employment – service by any employee in any position, not specifically excluded as “non-covered employment,” pursuant to § 2603.10, which is:

Under the personnel authority of the Mayor;

Under the independent personnel authority of an executive agency that reports to the Mayor;

(c) Under the personnel authority of the District of Columbia Courts when such courts participate in the 401(a) and 457(b) Plans with the approval of the Mayor; or

(d) Under the personnel authority of an independent agency as defined in D.C. Official Code § 1-603.01 (2016 Repl.) when the independent agency participates in the 401(a) and 457(b) Plans with the approval of the Mayor.

Covered position – a permanent or term appointment of more than twelve (12) months position in the District government that includes benefits (i.e. health, life, retirement).

Creditable service – the period of employment to be recognized for purposes of eligibility for retirement benefits, as defined by § 2604.

Detention officer – an employee who is not covered by the Police and Fire Retirement System, whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against, or violation of, the laws of the United States or the District of Columbia, and whose duties may require frequent contact, supervision, inspection, training, employment, care, transportation, or rehabilitation of individuals in detention. The term includes:

(a) Employees engaged in the activities listed above whom are transferred to a supervisory or administrative position;

(b) Employees of the Department of Corrections, its industries, and utilities who are engaged in the activities listed above;

(c) Employees of the Department of Youth Rehabilitation Services who are engaged in the activities listed above; and

(d) Members of the Board of Parole, parole officers, and probation officers who are engaged in the activities listed above.

Deferral – the annual amount of compensation designated as a pre-tax deferral or after-tax (Roth) deferral that a participant elects to defer in the 457(b) Plan pursuant to a properly executed Salary Deferral Agreement.

Disabled – a condition which results in a participant being entitled to disability benefits within the meaning of the Social Security Act (42 USC §§ 416(i) and 423(d)).

District – the District government, including (a) subordinate agencies under the Mayor; (b) the District of Columbia Courts, and (c) any independent agency, if the courts or any independent agency duly accept 401(a) and/or 457(b) Plan(s), with the approval of the Mayor.

District of Columbia Deferred Compensation Plan – 457(b) Plan as provided pursuant to D.C. Official Code § 1-626.05(2) (2016 Repl.).

District of Columbia Defined Contribution Plan – 401(a) Plan as provided pursuant to D.C. Official Code § 1-626.05(3) (2016 Repl.).

Domestic partner – a person with whom an individual maintains a committed relationship as defined in D.C. Official Code § 32-702(a) (2019 Repl.).

Employee – an individual who performs a function of the District government and who receives compensation for the performance of such services.

Former employee – an employee who has separated from District government service.

Inactive account – the bookkeeping account maintained for each former participant for whom contributions and deferrals are no longer being made, and for each former participant or beneficiary who receives distributions, that records his or her allocable share of income and administrative expenses.

Income – the net increase or decrease of the Trust, as of each valuation date, resulting from realized and unrealized gains or losses, interest, dividends, and other investment earnings.

Internal Revenue Code or IRC - the Tax Reform Act of 1986, approved October 22, 1986 (100 Stat. 2085; 26 USC §§ 1 et seq.), as amended.

Plan account – a 401(a) or 457(b) account established and maintained for each participant to reflect the contributions and deferrals made by or for the benefit of the participant and the allocated or attributable income, gains and losses (whether or not realized).

Plan document – the 401(a) or 457(b) Plan document, as applicable, that outlines the process of how the District of Columbia Defined Contribution Plan or District of Columbia Deferred Compensation Plan is managed and maintained by the Administrator.

Section 401(a) Trust – a trust that qualifies under §§ 401(a) and 501(a) of the IRC, into which the District government’s contributions are deposited.

Separation from service – lawful termination of the employment relationship between an employee and the District government.

Trustee – the Chief Financial Officer (CFO), or any entity designated by the CFO to serve as trustee under the Trust. The term “Trustee” shall include custodian designated by the CFO under any custodial account.

History

• SOURCE: Final Rulemaking published at 37 DCR 954 (February 2, 1990); as amended by Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 2699

6-B27 TEMPORARY ASSIGNMENT OF PERSONNEL

6-B DCMR § 2700 STATUTORY AUTHORITY AND APPLICABILITY

2700.1 The statutory authority for temporary assignments of personnel is contained in Chapter XXVII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-627.01 et seq.).

2700.2 This chapter covers all District government employees except for the following:

(a) The Mayor and members of the Council of the District of Columbia;

(b) Members of Boards and Commissions; and

(c) Educational Service employees of the University of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as amended by Final Rulemaking published at 57 DCR 5745 (July 2, 2010).

6-B DCMR § 2701 AUTHORIZATION FOR TEMPORARY ASSIGNMENTS OF PERSONNEL

2701.1 District government agencies are authorized to enter into personnel exchange agreements with private sector organizations, institutions of higher education, or agencies of federal, state, and local governments.

2701.2 A personnel exchange agreement authorized under this chapter may be used only when supervision of the participating employee changes from that of his or her permanent employer to supervision by the agency or organization to which the assignment is made.

2701.3 Prior to commencing an assignment pursuant to this chapter, a written agreement shall be executed. The written agreement shall specify all of the following:

(a) The duties and responsibilities to be carried out in the assignment;

(b) The terms and conditions for payment of salary and other expenses, or reimbursement among participating agencies or organizations;

(c) A statement that the assigned employee shall observe all rules governing the agency or organization to which the assignment is made under the agreement;

(d) The signature of the assigned employee indicating concurrence in and understanding of the assignment;

(e) The signatures of appropriate officials of the sending and receiving agencies or organizations; and

(f) The signature of the Director of the D.C. Department of Human Resources (DCHR) or independent personnel authority concurring in the assignment.

2701.4 An assignment under a personnel exchange agreement may be made for a period of up to two (2) years and, with the concurrence of the agencies or organizations and the employee involved, may be extended in increments of one (1) year. A written extension agreement shall be executed and signed by the employee, the appropriate officials of the sending and receiving agencies or organizations, and the Director of the DCHR or independent personnel authority concurring in the extension of the assignment.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as amended by Final Rulemaking published at 57 DCR 5745, 5746 (July 2, 2010).

6-B DCMR § 2702 ASSIGNMENT OF EMPLOYEES FROM PRIVATE SECTOR ORGANIZATIONS TO DISTRICT GOVERNMENT

2702.1 It is the policy of the District government to utilize personnel exchange agreements sparingly to assign private sector employees to District agencies to meet highly specialized needs for professional services on a temporary basis.

2702.2 Nothing in this chapter shall be interpreted to mean that in every personnel exchange agreement between a District government agency and a private sector organization the District government agency shall be the party paying any or all of the costs of the professional services to be provided by the private sector employee.

2702.3 A personnel exchange agreement to assign a private sector employee to a District government agency covered by this chapter shall contain the terms and conditions for the payment or the reimbursement of salary, fringe benefits and, if appropriate, general and administrative expenses.

2702.4 When a District government agency is reimbursing a private sector organization, the private sector organization shall not receive compensation in a manner to earn a profit from the assignment of the private sector employee to the District government agency.

2702.5 A private sector employee assigned to a District government agency shall not receive compensation and fringe benefits greater than those he or she would have received in the absence of the agreement assigning the individual to the District government agency.

2702.6 Any reimbursement by a District government agency entering into a personnel exchange agreement shall be limited to the cost of documented salary, applicable fringe benefits including payroll taxes, social security, unemployment insurance, worker’s compensation insurance, health insurance, pensions, Federal Insurance Compensation Act payments, and, if appropriate, general and administrative expenses.

2702.7 Prior to entering into a personnel exchange agreement and commencing the assignment of a private sector employee to a District government agency pursuant to this chapter, the agency head shall prepare a written determination and findings explaining the reasons the required professional services cannot be secured through standard recruitment practices or procurement procedures.

2702.8 The written determination and findings pursuant to section 2702.7 of this section shall include but not be limited to the following:

(a) A detailed justification explaining the need for the professional services;

(b) The qualification requirements for the professional services;

(c) A detailed statement and documentation demonstrating the specific outreach and recruitment efforts undertaken by the agency to secure the professional services needed through standard recruitment practices;

(d) A statement signed by the Chief Procurement Officer (or his or her designee) certifying that the agency has demonstrated that it cannot utilize procurement procedures to secure the professional services needed, and stating the basis for that conclusion; and

(e) A statement signed by the agency head to attest that the agency has demonstrated that it cannot secure the required professional services through standard recruitment practices or procurement procedures, and stating the basis for that conclusion.

2702.9 The written determination and findings and supporting documentation, and the signed procurement certification described in section 2702.8 (d) of this section shall be presented to the Director of the D.C. Department of Human Resources (DCHR) or independent personnel authority, as applicable. The Director of the DCHR or independent personnel authority shall certify, in writing, that:

(a) The agency has exhausted every effort to secure the professional services through standard recruitment practices; and

(b) The Chief Procurement Officer (or his or her designee) has certified that the agency has exhausted every effort to secure the professional services through standard procurement procedures.

2702.10 Notwithstanding the provisions of section 2702.9 of this section, the Chief Technology Officer shall certify all determinations and findings in the case of the Office of the Chief Technology Officer.

2702.11 The Director of the DCHR and each independent personnel authority, as appropriate, shall develop and publish appropriate procedures for the preparation and submission of written determinations and findings.

2702.12 When the District government agency is reimbursing the private sector organization, the private sector organization shall prepare a written reimbursement agreement for the cost of the salary, fringe benefits, and any general and administrative expenses to be reimbursed. The reimbursement agreement prepared by the private sector organization shall include all of the following:

(a) A detailed explanation of each category of costs and the actual amounts to be reimbursed by the District government agency;

(b) A certification of the accuracy of each category of costs and the actual amounts to be reimbursed by the District government agency; and

(c) A certification that any general and administrative expenses presented for reimbursement are actual costs, the reasons for incurring such general and administrative expenses and their justification, that those costs are allowable and reasonable, and that they were calculated using the standards and principles specified in section 2702.13 of this section.

2702.13 Any general and administrative expenses to be reimbursed by a District government agency for off-site employees shall be:

(a) Calculated using the standards in the Federal Acquisition Regulations (FAR) System, Title 48 of the Code of Federal Regulations, in particular, the standards and contract costs principles and procedures to calculate indirect costs in 48 CFR 31.203 (2000); and

(b) Based on and be consistent with the results of audited off-site overhead rates for a period of three (3) years prior to submission of the reimbursement agreement by the private sector organization.

2702.14 When general and administrative costs are to be reimbursed by the District government agency, the results of audited off-site overhead rates as described in section 2702.13 of this section shall be presented to the District government agency as supporting documentation to the reimbursement agreement.

2702.15 Prior to signing a personnel exchange agreement, the District government agency shall concur with all the terms and conditions of the assignment, particularly the terms of a reimbursement agreement prepared by the private sector organization under section 2702.12 of this section, when applicable, and sign the reimbursement agreement.

2702.16 The agency head shall submit the signed personnel exchange agreement and any supporting documentation, including the certified determination and findings in the case of the Office of the Chief Technology Officer, and the signed reimbursement agreement when applicable, to the Director of the DCHR or independent personnel authority. The Director of the DCHR or independent personnel authority shall review the personnel exchange agreement and any supporting documentation, and sign the personnel exchange agreement to concur in the assignment.

2702.17 The District government agency shall be encouraged and shall reserve the right to audit the reimbursable costs in a personnel exchange agreement under the circumstances and methods the District government agency deems appropriate and require the private sector organization to reimburse the District government agency for any unauthorized fees paid.

2702.18 A former District government employee working for a private sector organization shall be prohibited, for a period of two (2) years after his or her separation from District government employment, from participating in a personnel exchange agreement between the District government and the employing private sector organization.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as Final Rulemaking published at 49 DCR 4871 (May 24, 2002); as amended by Final Rulemaking published at 57 DCR 5745, 5747 (July 2, 2010).

6-B DCMR § 2703 STATUS OF DISTRICT GOVERNMENT EMPLOYEES WHILE ON ASSIGNMENT

2703.1 A District government employee participating in a Personnel Exchange Program shall be considered either on detail to the receiving agency or organization, or on a leave of absence from the sending agency.

2703.2 While on assignment, a District government employee on detail shall be entitled to the same salary and benefits accruing to his or her position with the sending District government agency, and shall remain an employee of the sending agency for all other purposes except supervision of duties during the period of detail.

2703.3 The salary and benefits of a District government employee on detail shall be paid by the sending agency.

2703.4 While on assignment, a District government employee on leave of absence shall be entitled to at least the same salary and benefits to which he or she would otherwise be entitled.

2703.5 The salary and benefits of a District government employee on a leave of absence shall be paid by the receiving agency or organization unless the agreement contains different terms.

2703.6 Leave with or without compensation may be granted to a District government employee by the receiving agency or organization if the agreement permits the agency or organization to act as the leave-approving authority for the employee.

2703.7 A District government employee suffering disability or death in the course of the temporary assignment shall be treated as a District government employee under the District’s disability compensation program, except in any case in which the employee was entitled to and elected to receive similar benefits under the receiving agency’s or organization’s program.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as amended by Final Rulemaking published at 57 DCR 5745, 5750 (July 2, 2010).

6-B DCMR § 2704 STATUS OF NON-DISTRICT GOVERNMENT EMPLOYEES WHILE ON ASSIGNMENT

2704.1 Unless the personnel exchange agreement contains different terms, the salary and benefits of non-District government employees on assignment to the District government shall be paid by the sending agency or organization.

2704.2 The receiving agency which appoints a non-District government employee under the Personnel Exchange Program may do so without regard to the regulations governing the selection of employees in the Career, Management Supervisory, and Educational Services and may or may not compensate such appointed employees from agency funds.

2704.3 A non-District government employee suffering disability or death while on assignment to the District government shall be treated as a District employee for the purpose of the District government’s disability compensation program unless he or she elects similar benefits from his or her permanent employment.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as amended by Final Rulemaking published at 57 DCR 5745, 5751 (July 2, 2010).

6-B DCMR § 2705 TRAVEL EXPENSES

2705.1 Travel expenses of District or non-District government employees assigned to another government, private sector organization, or institution of higher education may be paid by the District government, with the exception of travel expenses related to the work assignment at the receiving agency or organization.

2705.2 Travel expenses for transportation of immediate family, household goods, and personal effects to and from the location of the receiving agency or organization may routinely be paid by the District government under either of the following conditions:

(a) For an assignment of more than nine (9) months; or

(b) When an assignment is terminated in less than nine (9) months for reasons beyond the control of the employee that are acceptable to the agency.

2705.3 A daily allowance may be paid to a District or a non-District government employee on assignments of less than nine (9) months.

2705.4 Travel expenses, relocation costs, and daily expenses may be shared by the participating governments, private sector organization, or institution of higher education or may be the sole responsibility of either party to the agreement.

History

• SOURCE: Final Rulemaking published at 49 DCR 1272 (February 15, 2002); as amended by Final Rulemaking published at 49 DCR 4871 (May 24, 2002); as amended by Final Rulemaking published at 57 DCR 5745, 5751 (July 2, 2010).

6-B DCMR § 2799 DEFINITIONS

When used in this chapter, the following terms shall have the meaning ascribed:

Audit – examination of statements of costs actually incurred. Such audits may consist of desk reviews, test checks of a limited number of transactions, or examinations in depth, and shall be conducted in accordance with generally accepted accounting principles.

General and administrative (G&A) expense– management, financial, and other expenses, which are incurred by, or allocated to a business unit and which are for the general management and administration of the business unit as a whole. G&A expenses do not include those management expenses whose beneficial or causal relationship to cost objectives can be more directly measured by a base other than a cost input base representing the total activity of a business unit during a cost accounting period (48 CFR 9904.410.30 (2008)). General and administrative costs are indirect costs (48 CFR 31.203 (a), (b) (2008).

Off-site employee – an employee who is detailed or assigned to the work site of another organization.

Procurement procedures – mechanism by which an agency enters into a negotiated personal services contract for expert and consulting services pursuant to the provisions of 27 DCMR 1900 et seq.

History

• SOURCE: Final Rulemaking published at 57 DCR 5745, 5751 (July 2, 2010).

6-B28 AGREEMENTS AUTHORIZED

6-B DCMR § 2800 PURPOSE AND AUTHORITY

2800.1 For purposes deemed beneficial to the personnel system, the Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia may enter into reciprocal agreements for the use of equipment, materials, facilities, and services with any public or private body or agency.

2800.2 The provisions of section 731 of the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 822; D.C. Code, sec. 1-826) shall be met for such reciprocal agreements with federal agencies under this chapter, except where the terms and conditions governing the funishing [furnishing] of such services are prescribed by other provisions of law.

2800.3 An agreement with the courts of the District of Columbia is authorized for the Public Employee Relations Board for the purpose of implementing a positive program of employee-employer relations.

2800.4 An agreement may be entered into with appropriate federal agencies authorizing them to continue processing administrative appeals of personnel actions until the rules and regulations of the Office of Employee Appeals and the provisions of Title XVI of D.C. Law 2-139 become effective.

2800.5 The existing standards of cause for disciplinary actions may be authorized to continue in effect for the duration of any agreement entered into under the provisions of subsection 2800.4 of this chapter.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B DCMR § 2801 REQUIRED AGREEMENTS

Agreement(s) must be entered into with the U.S. Office of Personnel Management for the implementation of the rules and regulations pertaining to Title XXI (Health Benefits), Title XXII (Life Insurance) and Title XXVI (Retirement) of D.C. Law 2-139.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B DCMR § 2802 AGREEMENT WITH TRANSIT COMMISSION

An agreement may be entered into with the Washington Metropolitan Area Transit Commission for the inclusion of its employees as participants in the United States Civil Service Retirement System.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B DCMR § 2803 ADMINISTRATIVE AND FINANCIAL REQUIREMENTS

2803.1 All agreements shall be written and in compliance with applicable rules, regulations, and procedures of the Office of the Mayor, the City Administrator, the Contract Review Committee, the Office of Budget and Resource Management, the Office of Financial Management, and the Department of General Services, as appropriate.

2803.2 The signature of each appropriate authority shall be affixed to all agreements.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B DCMR § 2804 DURATION OF AGREEMENTS

2804.1 Agreements may be made for specific periods of time or indefinitely; however, all continuing agreements shall contain provisions for an annual review.

2804.2 All agreements should be reviewed at six-month intervals to determine if previous arrangements are appropriate and should be continued.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B DCMR § 2805 CONTINUATION OF EXISTING AGREEMENTS

Any agreement(s) previously entered into, if consistent with law at the time executed, shall continue in effect notwithstanding any provisions of this chapter.

History

• SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).

6-B29 EMPLOYEE DEBT SET-OFFS

6-B DCMR § 2900 ERRONEOUS PAYMENTS TO EMPLOYEES

2900.1 The Mayor is authorized to determine that an employee or former employee is indebted to the District of Columbia government ("government") because of an erroneous payment made to or in behalf of an employee.

2900.2 Upon making the employee indebtedness determination described in § 2901.1, the Mayor shall notify the employee or ex-employee of his or her determination in writing.

2900.3 The written determination shall include all of the following:

(a) The basis for the determination;

(b) The amount of the claim for the erroneous payment; and

(c) Notification of the waiver-of-claims provisions set forth in § 2902.

2900.4 A claim for recovery of an erroneous payment shall not be made more than three (3) years after the discovery of the erroneous payment, unless the claim involves money owed for federal health benefits premiums, federal life insurance premiums, or United States civil service retirement contributions.

6-B DCMR § 2901 COLLECTION OF ERRONEOUS PAYMENT

2901.1 If no waiver of claim is filed or if the waiver is denied in whole or in part in accordance with the provisions of § 2902.4, collection shall be effected in accordance with the provisions of §§ 2901.2 and 2904.

2901.2 If an employee is subject to collections under §§ 2900.1 and 2903 simultaneously, total deductions from pay may not exceed the amounts specified in § 2904.4.

2901.3 The Mayor shall not be required to stay collection of an erroneous payment in the event of an application for waiver.

History

• SOURCE: As amended by emergency rulemaking published at 46 DCR 4771 (May 28, 1999) [EXPIRED], as amended by emergency rulemaking published at 46 DCR 10121 (August 4, 1999) [EXPIRED], as amended by Final Rulemaking published at 47 DCR 2446 (April 7, 2000); as amended by emergency rulemaking published at 47 DCR 2484 (April 7, 2000) [EXPIRED].

6-B DCMR § 2902 WAIVER OF CLAIMS

2902.1 The Mayor may waive in whole or in part any claim of the government in any amount arising out of erroneous payment to or on behalf of an employee whenever both of the following are true:

(a) Written application for waiver is received by the Mayor within one (1) year following the date on which the erroneous payment was disclosed to the employee; and

(b) Collection of the claim would be against equity and good conscience and, therefore, not in the best interests of the government.

2902.2 A determination that collection of the claim would be against equity and good conscience, and therefore not in the best interests of the government, will generally be supported by a finding that all of the following are true:

(a) The erroneous payment occurred through administrative error;

(b) There is no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, or any other person having an interest in obtaining a waiver of the claim; and

(c) Where the employee failed to bring the erroneous payment to the attention of appropriate officials, the circumstances surrounding the erroneous payment were not such as would cause a reasonable person to believe that an error had occurred.

2902.3 An application for waiver shall be referred by the Mayor to the agency that authorized the erroneous payment, and the head of that agency shall investigate the erroneous payment and submit his or her report of investigation to the Mayor, which report shall include, at a minimum, all of the following:

(a) The aggregate amount of the erroneous payment, supported by citation to the pay records, vouchers, or other documents on the basis of which the erroneous payment occurred;

(b) The circumstances under which the erroneous payment occurred and the date on which it was discovered;

(c) Whether there is any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver;

(d) A signed statement by the employee as to his or her knowledge of the erroneous payment; and

(e) A recommendation as to whether or not the waiver should be granted.

2902.4 Upon receipt of the report of investigation pursuant to § 2902.3, the Mayor shall issue a written decision to the employee and the agency involved, including justification therefor, either:

(a) Granting the waiver, in whole or in part; or

(b) Denying the waiver.

2902.5 Any amounts of an erroneous payment which have been collected from any employee or former employee prior to a waiver of the claim, shall be refunded to the employee or former employee, to the extent of the waiver, by the Director, and charged to the appropriation from which the erroneous payment was made.

2902.6 The report of investigation, the written decision, and other pertinent information, shall constitute the record in each case, and shall be retained by the Mayor for three (3) years following the date of the written decision.

2902.7 The decision of the Mayor to deny the waiver, in whole or in part, shall be the final administrative decision, which is not subject to further administrative appeal.

2902.8 In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the government has been waived under this chapter.

2902.9 An erroneous payment, the collection of which has been waived under this chapter, shall be deemed a valid payment for all purposes.

2902.10 Nothing contained in this chapter shall be construed to affect in any way the authority under any other law or regulation to litigate, settle, compromise, or waive any claim of the government.

History

• SOURCE: As amended by emergency rulemaking published at 46 DCR 4771 (May 28, 1999) [EXPIRED], as amended by emergency rulemaking published at 46 DCR 10121 (August 4, 1999) [EXPIRED], as amended by Final Rulemaking published at 47 DCR 2446 (April 7, 2000); as amended by emergency rulemaking published at 47 DCR 2484 (April 7, 2000) [EXPIRED].

6-B DCMR § 2903 EMPLOYEE DEBTS TO THE GOVERNMENT

2903.1 Whenever an employee or former employee is indebted to the government for other than an erroneous payment, and the debt has either been acknowledged by the employee or former employee in writing or reduced to judgment, the Director of Pay and Retirement, Office of Financial Management, or his or her designee, after thirty (30) days' written notice to the employee or former employee, may collect the amount of the indebtedness as provided in § 2904.

2903.2 Pursuant to Sec. 2(c) of D.C. Law 6-144, the Mayor shall identify all debts owed to the government by an employee or former employee for other than an erroneous payment, that have been neither acknowledged in writing nor reduced to judgment, and the names of each such employee or former employee, the amount of the debt, and supporting documentation, shall be forwarded to the Corporation Counsel for appropriate action.

6-B DCMR § 2904 COLLECTION OF INDEBTEDNESS

2904.1 Any indebtedness to the government by an employee or former employee, as provided in § 2900 or 2903, may be collected in monthly installments or at officially established regular pay intervals, by deduction in reasonable amounts as provided in this section.

2904.2 Deductions may be made from any wages, salary, allowances, compensation, remuneration for services, or other authorized pay, including but not limited to back pay, severance pay, and lump sum leave payments.

2904.3 Deductions may not be made from payments received from a retirement fund.

2904.4 Except as provided in § 2904.5, the amount deducted for any period may not exceed twenty percent (20%) of disposable pay, except that a greater percentage may be deducted with the written consent of the employee or former employee concerned.

2904.5 If the employee's employment with the government ends prior to collection of the full amount authorized by this section, deductions may be made from later payments of any nature, except as provided in § 2904.3, without regard to the limitation imposed by § 2904.4.

6-B DCMR § 2999 DEFINITIONS

2999.1 When used in this chapter, the terms listed below have the meanings ascribed:

Agency - the meaning given to this term by D.C. Code § 1 603.1 (1981).

Debt - an amount of money owed to the government which has been reduced to judgment or acknowledged in writing.

Disposable pay - that part of the total pay of an individual remaining after the deduction of any amount required to be withheld by law or regulation.

Employee - the meaning given to this term by D.C. Code § 1 603.1 (1981).

Erroneous payment - salary, wages, emoluments, stipend, or other remuneration for services, regardless of the name by which it is known, allowances, reimbursement for expenses, or other compensation of any nature, which exceeds the amount to which the employee or former employee is or was entitled.

Mayor - the Mayor of the District of Columbia, or his or her designee.

Reduced to judgment - an unappealed final judgment by a court, or an unappealed determination by an administrative agency or quasi-judicial official or body having statutory authority to impose a fine or other monetary assessment against the employee or former employee, provided such determination is subject to appeal to a court.

6-B31 RECORDS MANAGEMENT AND PRIVACY OF RECORDS

6-B DCMR § 3100 POLICY

All official personnel records of the District Government shall be established, maintained, and disposed of in a manner designed to ensure the greatest degree of applicant or employee privacy while providing adequate, necessary, and complete information for the District to carry out its responsibilities under the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Law 2-139, as amended (hereinafter referred to as "the Act"), and other laws governing personnel management in the District of Columbia Government.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3101 COOPERATION WITH THE U.S. OFFICE OF PERSONNEL MANAGEMENT

3101.1 Because of the statutory and administrative relationships in personnel administration between the District and Federal Government jurisdictions, these regulations are, to the extent practicable, consistent with rules and regulations governing personnel records management in the Federal service. These regulations are also consistent with the terms of the agreement between the District of Columbia Government and the U.S. Office of Personnel Management, which is referred to in section 3125 of this chapter.

3101.2 All Federal personnel records in the custody of the District Government shall be subject to the Federal laws and regulations regarding personnel records, availability of official information, protection of privacy and personnel records, freedom of information, and other pertinent subjects, as set forth in Title 5 of the Code of Federal Regulations. The penalty for knowingly and willfully obtaining or disclosing information to which the recipient is not entitled is a fine not exceeding $5,000. Federal personnel records in the custody of the District Government include, but are not necessarily limited to, the following:

(a) Personnel records of District employees whose positions were subject to Federal civil service rules and regulations, for the entire period of service during which such rules and regulations applied

(b) Employee records of activities for which the District of Columbia previously acted, or continues to act as the agent of the Federal Government, e.g., records of the employee's participation in the Federal civil service retirement system and the health insurance and/or life insurance programs.

(c) Other Federal personnel records which erroneously or for any reason are in the possession of the District Government.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3102 DISCLOSURE OF OFFICIAL INFORMATION TO PERSONNEL AND LAW ENFORCEMENT AUTHORITIES

3102.1 It shall be the policy of the District Government to make personnel information in its possession or under its control available upon request to appropriate personnel and law enforcement authorities, except if such disclosure would constitute an unwarranted invasion of personal privacy or is prohibited by law or regulation.

3102.2 "Personnel Authority" means an individual with the authority to administer all or a portion of a personnel management program, including:

(a) The chain of command extending from the employee's immediate supervisor through the Mayor or an Independent Personnel Authority, as defined in subsection 3103.3 of this chapter; and

(b) Personnel staff which services the employee's agency.

3102.3 "Law Enforcement Authority" means a government official or agency whose duties or mission requires access to an employee's personnel record in order to oversee, audit, or enforce the execution of the personnel laws of the District of Columbia and laws of the United States. Law Enforcement Authorities include:

(a) The Council of the District of Columbia;

(b) Either House of Congress;

(c) An appropriate committee or subcommittee--jointly or of either House of Congress;

(d) The Inspector General of the District of Columbia;

(e) The Comptroller General of the United States;

(f) The District of Columbia Auditor;

(g) The U.S. Office of Personnel Management;

(h) To the extent required by a specific investigative or other law enforcement activity--

(1) District of Columbia government police agencies; and

(2) Federal police agencies;

(i) Any authorized representative of a law enforcement agency in the course of the performance of official duties;

(j) The D.C. Corporation Counsel; and

(k) To the extent required for the representation of the District government in labor litigation, the D.C. Office of Labor Relations and Collective Bargaining.

3102.4 The Office of Personnel or an Independent Personnel Authority may disclose, without prior consent of the data subject, specified information from a system of personnel records whenever such disclosure is pursuant to an order issued by any of the following:

(a) Grand Jury;

(b) Quasi-judicial agency; or

(c) Court of competent judisdiction, including the judicial system of the United States, the District of Columbia, or a state, territory, or a possession of the United States.

3102.5 Before complying or refusing to comply with the order, an official with authority to disclose records under these regulations shall consult legal counsel to ensure that the response is appropriate.

3102.6 The Office of Personnel, an Independent Personnel Authority, or an agency may disclose, without the prior consent of the individual, specified information from a system of records whenever such disclosure is pursuant to a subpoena issued in connection with a judicial or administrative proceeding.

3102.7 Before responding to a subpoena, an official with authority to disclose records under these regulations shall consult, as appropriate, with legal counsel to ensure that--

(a) The requested materials are not privileged and are relevant to the subject matter of the related judicial or administrative proceeding;

(b) Motion is made to quash or modify a subpoena that is unreasonable or oppressive;

(c) Motion is made for a protective order where necessary to restrict the use or disclosure of any information furnished for purposes other than those of the judicial or administrative proceeding; or

(d) Request is made for an extension, if needed, of the time allowed for response.

3102.8 If a subpoena for production of documents requests the appearance of an Office of Personnel or Independent Personnel Authority employee who is to bring those documents, the response shall be to have that employee bring certified copies of the appropriate records to the requesting party. In no event shall original documents be released from the physical control of a responsible Office of Personnel or Independent Personnel Authority employee.

3102.9 If oral testimony is sought by a subpoena, an explanation, which sets forth the testimony desired, shall be requested. The employee or former employee of the Office of Personnel who has been subpoenaed to provide material or information shall consult with legal counsel to determine the matters about which the employee may properly testify.

3102.10 In all situations concerning a subpoena or other demand for an employee of the Office of Personnel or an Independent Personnel Authority or agency to produce any material or testimony relating to information contained in the files of the Office of Personnel or Independent Personnel Authority or agency acquired as part of the employee's performance of his or her official duties, the employee shall not disclose the information without prior approval of the appropriate Office of Personnel or Independent Personnel Authority officials.

3102.11 If it is decided that the information or material should not be provided, the employee or former employee subpoenaed shall respectfully decline to comply with the demand on the basis of instructions from the appropriate Office of Personnel or Independent Personnel Authority official.

3102.12 When the subpoenaed records (or a portion thereof) are Federal personnel records subject to the Privacy Act, the disclosing official of the Office of Personnel or Independent Personnel Authority shall--

(a) Forward the Federal personnel record and a copy of the subpoena to the U.S. Office of Personnel Management;

(b) Notify the judicial or other authority issuing the subpoena that this action has been taken because the authority to disclose Federal personnel records rests with the U.S. Office of Personnel Management;

(c) Notify the individual of the subpoena's issuance and the steps taken under (a) and (b) above.

3102.13 Personnel records subject to these regulations may be disclosed to all Personnel Authorities.

3102.14 Personnel records subject to these regulations may be disclosed to an authorized law enforcement authority, as defined by subsection 3102.3 of this chapter, without the prior concurrence of the employee, as follows:

(a) When the head of the agency or instrumentality has made a written request to the agency which maintains the records, specifying the particular portion desired and the law enforcement activities for which the record is sought.

(b) Disclosure may be made only while the record remains in the physical possession of the agency or agency representative which maintained the record and after consultation with legal counsel as provided in subsection 3102.7 above.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981); as amended by Final Rulemaking published at 48 DCR 5011 (June 1, 2001); as amended by Final Rulemaking published at 48 DCR 5824 (June 22, 2001).

6-B DCMR § 3103 BASIC POLICIES FOR MAINTENANCE OF PERSONNEL RECORDS

3103.1 Authority to maintain personnel records does not constitute authority to maintain information in the record merely because it may be useful; both government-wide and internal agency personnel records shall contain only information concerning an individual that is relevant and necessary to accomplish the personnel management purposes required by statute or regulation.

3103.2 This section and sections 3104 through 3113 set forth basic policies governing the creation, development, maintenance, processing, use, dissemination, and safeguarding of personnel records which are required to be maintained in the personnel management process.

3103.3 In this chapter--

"Independent Personnel Authority" means any agency authorized by Section 406 of the Act to implement the rules and regulations for the personnel records of their employees, and to which these regulations apply;

"Data subject" means the individual about whom the Office of Personnel or agency is maintaining information in a system of personnel records;

"Disclose or disclosure" means making information available, upon request, for examination and copying, or furnishing a copy of the information;

"Individual" means an employee of the District Government;

"Information" means papers, records, photographs, magnetic storage media, micro storage media, and other documentary materials, regardless of physical form or characteristics, containing personnel records or data about an individual and required in pursuance of law or in connection with the discharge of official business, as defined by statute, regulation, or administrative procedure;

"Information available to the public" means information, including reasonably segregable nonexempt portions of information, that may lawfully be with held, which, on request, may be examined and copied, or of which copies may be obtained in accordance with the Freedom of Information Regulations of the District of Columbia by the public regardless of interest and without specific justification;

"Maintain" includes collect, use, or disseminate;

"Personnel record" means any record concerning an individual which is maintained and used in the personnel management process under the authority of the Act, or other law or regulation;

"Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his or her education, financial transactions, medical history, or employment history; and

"System of personnel records" means a group of such records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

3103.4 The regulations set forth in this chapter apply to the "personnel records," as defined in subsection 3103.3 of this chapter, of all employees of the District Government, except--

(a) Federal personnel records, as defined in subsection 3101.2 of this chapter, except as specifically set forth herein;

(b) Personnel records of judges and other employees of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals, which are not subject to the Act or these regulations under Section 201 of the Act;

(c) Personnel records of the employees of the Board of Education and the Board of Trustees of the University of the District of Columbia, which records are not subject to these regulations, but shall be subject to rules and regulations issued by the respective Boards, in accordance with Section 404 (b) of the Act; and

(d) Any other personnel records subject to laws and regulations for a specific record which supersede these regulations, which include but are not necessarily limited to the following:

(1) Retirement records, which apply to participation in the retirement systems specified in Section 2602 of the Act, by authority of Section 2602 of the Act, and are subject to laws and regulations authorizing and regulating such systems;

(2) Records of Equal Employment Opportunity complaints and Appeals which are subject to the laws and regulations for the Equal Employment Opportunity program; and

(3) Such leave, pay, and other records maintained by an agency or the Office of Financial Management, part or all of which are subject to laws and regulations governing financial records.

3103.5 The Office of Personnel shall establish in appropriate chapters of the District Personnel Manual the minimum standards of accuracy, relevancy, necessity, timeliness, and completeness for personnel records that agencies maintain.

3103.6 The head of the Office of Personnel or an Independent Personnel Authority shall ensure that pertinent record keeping regulations and requirements are provided to persons having access to or involved in record-related activities such as creation, development, processing, use, or maintenance of records.

3103.7 For the purpose of these regulations, information other than a record of official personnel action shall be untimely if it concerns an event more than three (3) years in the past upon which an action adverse to an employee may be based.

3103.8 Immaterial, irrelevant, or untimely information shall be removed from the official record upon a finding by the Office of Personnel or Independent Personnel Authority that the information is of such a nature. Prior to the removal of any information in the file, the employer shall notify the employee and give him or her an opportunity to be heard.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3104 COLLECTION OF INFORMATION

3104.1 Any information in personnel records (whether or not those records are in a system of records) used in whole or in part in making a determination about an individual's rights, benefits, or privileges under personnel programs should, to the greatest extent practicable, be collected directly from the individual concerned. Factors to be considered in determining whether to collect the data from the individual concerned or a third party shall be as follows:

(a) The nature of the information is such that it can only be obtained from another party.

(b) The cost of collecting the information directly from the individual is unreasonable when compared with the cost of collecting it from another party.

(c) There is virtually no risk that information collected from other parties, if inaccurate, could result in a determination adverse to the individual concerned.

(d) The information supplied by an individual must be verified by another party.

(e) There are provisions made, to the greatest extent practicable, to verify information collected from another party with the individual concerned.

3104.2 Personnel records describing how individuals exercise rights guaranteed by the First Amendment shall be prohibited unless expressly authorized by statute, or by the individual concerned, or unless pertinent to and within the scope of an authorized law enforcement activity. These rights include, but are not limited to, free exercise of religious and political beliefs, freedom of speech and the press, and freedom to assemble and to petition the government.

3104.3 The system of personnel records for the District Government was established prior to 1975, and required the use of Social Security Account Numbers to identify employee records in regard to pay, benefits, and information retrieval, pursuant to Executive Order 9397, dated November 22, 1943, and related provisions of the District Personnel Manual. Accordingly, the Social Security Account Number shall be used to obtain the services and benefits of employment with the District Government.

3104.4 Equal Employment Opportunity data is restricted by the following:

(a) The District of Columbia Human Rights Act of 1977, which prohibits discrimination, including discrimination in employment by the District Government, for any reason other than individual merit, including discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, physical handicap, source of income, and place of residence or business.

(b) The Affirmative Action in District Government Employment Act of 1976, the objective of which is to attain full representation in jobs at all salary and wage levels and scales in accordance with the representation in the available work force, including, but not limited to, Blacks, Whites, Spanish-speaking Americans, Native Americans, Asian Americans, females, and males.

3104.5 Each District Government agency is required to develop an annual affirmative action plan based upon showing the representation in the employee population of the groups enumerated above and shall further state what actions are being taken to secure equal employment opportunity of those groups and of the aging, young, handicapped, and homosexual citizens.

3104.6 Data on an individual's membership in such groups shall not be included in any system of personnel records unless unavoidable as incidental to a requirement of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 or specifically authorized by law or regulation, except for the equal employment opportunity (EEO) data records authorized to be maintained by this section. In no event shall such data be maintained or used in such a manner as to discriminate against any employee in a manner prohibited by the Human Rights Act of 1977.

3104.7 An EEO data file may be established for the following purposes:

(a) To facilitate affirmative action reporting, planning and evaluation, agencies are authorized to maintain a file of workforce characteristics, including data otherwise prohibited by subsections 3104.4 and 3104.5 of this section, to meet their requirements and according to specifications of the D.C. Office of Human Rights; provided that the EEO data file shall be separated from all other systems of personnel records and maintained in the manner prescribed by this subsection, unless the Director of Personnel authorizes, in writing, the merger with other personnel records.

(b) To enable assessment of adverse impact in examining procedures, a record of work characteristics otherwise prohibited may be maintained. Such a record is an EEO data file for the purposes of this chapter. Other files required for EEO purposes may be authorized by the Director of Personnel.

3104.8 EEO data may be used--

(a) To generate statistical reports for the purposes outlined in paragraph 3104.7(a) above; and

(b) To enable analysis for determining and eliminating or minimizing adverse impact as stated in paragraph 3104.7(b) above.

3104.9 To the maximum extent feasible, information shall be obtained directly from the employee or applicant concerned.

3104.10 The custodian of the EEO data shall ensure that no data on an individual is disclosed except as provided in this chapter, and that such data is removed from the file as soon as it has served the purposes for which gathered.

3104.11 Unless authorized in writing by the Director, D.C. Office of Personnel, access to unsummarized information in the EEO data records shall be limited to officers and employees with an official need to know, provided, however, that an employee or his or her representative designated in writing is entitled to access to the information compiled under the authority of paragraph 3104.7(a) above.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3105 SAFEGUARDING INFORMATION ABOUT INDIVIDUALS

3105.1 Controls shall be established in accordance with the following:

(a) The purpose of the controls is to ensure the integrity, security, and confidentiality of personnel records, regardless of form.

(b) The Office of Personnel and each Independent Personnel Authority shall establish and ensure the maintenance of administrative, technical, and physical controls to protect personnel records from unauthorized access, use, modification or disclosure.

(c) Persons whose official duties require access to and use of personnel records are responsible and accountable for safeguarding them and ensuring that the records shall be secured whenever they are not in use or under the direct control of authorized persons.

(d) Personnel records shall be held, processed, or stored only where facilities and conditions are adequate to prevent unauthorized access.

3105.2 Personnel records shall be stored in metal filing cabinets when the records are not in use, or in a secured room. Alternative methods may be employed if they furnish an equivalent or greater degree of security.

3105.3 Subject to the restrictions and conditions set forth in these regulations, the data subject may have access to his or her personnel records.

3105.4 Only employees whose official duties require access shall be allowed to handle and use personnel records.

3105.5 To the extent feasible, entry into the personnel records storage areas shall be limited.

3105.6 Documentation of the removal of records from the storage area shall be kept to ensure--

(a) That adequate control is maintained; and

(b) That removed records are returned on a timely basis.

3105.7 D.C. Government records shall be disposed of and destroyed in accordance with procedures issued by the D.C. Department of General Services.

3105.8 Federal records shall be disposed of in accordance with the procedures of the U.S. General Services Administration.

3105.9 In addition to following the security requirements of this section, managers of automated personnel records shall establish administrative, technical, physical, and security safeguards on data about individuals in automated records reports, punched cards, magnetic tapes, disks, on-line computer storage, and other records maintained under the authority of the Act. The safeguards shall be in writing and, as a minimum, shall be sufficient to accomplish the following:

(a) Prevent careless, accidental, or unintentional disclosure, modification, or destruction of identifiable 'personal data.

(b) Minimize the risk that skilled technicians or knowledgeable persons could improperly obtain access to, modify, or destroy identifiable personal data.

(c) Prevent casual entry by unskilled persons who have no official reason for access to such data.

(d) Minimize the risk of an unauthorized disclosure where use is made of identifiable personal data in testing of computer programs.

(e) Control the flow of data into, through, and from agency computer operations.

(f) Adequately protect identifiable data from environmental hazards and unnecessary exposure.

(g) Ensure adequate internal audit procedures to comply with these safeguards.

(h) Dispose of identifiable personal data in automated files in such a manner as to make the data unobtainable by unauthorized personnel. Unneeded personal data stored in reusable media such as magnetic tapes and disks shall be erased prior to release of the media for reuse.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3106 RULES OF CONDUCT

3106.1 These rules of conduct shall apply to all District Government employees responsible for the creation, development, maintenance, processing, use, dissemination, and safeguarding of personnel records. The Office of Personnel and each Independent Personnel Authority shall require that such employees are familiar with these and appropriate supplemental agency internal regulations.

3106.2 Office of Personnel and agency employees whose official duties involve personnel records shall be sensitive to individual rights to personal privacy and shall not disclose information from any personnel record unless disclosure is part of their official duties or required by regulation or statute (e.g., required by the D.C. Freedom of Information Act).

3106.3 Any Office of Personnel or agency employee who makes a disclosure of personnel records knowing that such disclosure is unauthorized, or who otherwise knowingly violates these regulations, shall be subject to disciplinary action and may also be subject to criminal penalties where the records are Federal records subject to the Privacy Act (5 U.S.C. 55a).

3106.4 Employees shall be prohibited from using personnel information not available to the public, gained through official duties, for commercial solicitation or sale, or for personal gain.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3107 OFFICIAL PERSONNEL FOLDER

3107.1 Each personnel authority shall establish an Official Personnel Folder for each employee.

3107.2 The Official Personnel Folder (OPF) of each employee subject to these regulations shall be under the jurisdiction and control of, and part of the records of, the employing Office of Personnel component or Independent Personnel Authority.

3107.3 When an employee makes a position change which results in a move from the jurisdiction of one personnel authority to that of another, the OPF maintained in the losing authority shall be transferred, in accordance with section 3123 of this chapter, to the gaining authority upon its request.

3107.4 All Federal personnel records are under the jurisdiction of the U.S. Office of Personnel Management.

3107.5 Each personnel authority shall maintain in the OPF reports of selection and other personnel actions including but not limited to the employee's--

(a) Appointment;

(b) Separation;

(c) Transfer;

(d) Resignation; and/or

(e) Removal.

3107.6 The OPF shall also contain permanent records affecting the employee's status and service, and may contain such other temporary records as may be authorized.

3107.7 In no event shall an OPF contain proscribed records or records which are or become untimely, immaterial, or irrelevant under subsections 3103.7 and 3103.8 of this chapter. The definitions of "permanent record," "temporary record," and "proscribed record" shall be those included in Official Personnel Folder Guidelines, to be issued by the D.C. Office of Personnel, and shall be consistent with analogous Federal regulations and issuances.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3108 AVAILABILITY OFOFFICIAL PERSONNEL INFORMATION

3108.1 This section sets forth basic policies in regard to the availability of information in the possession of or controlled by the Office of Personnel or any Independent Personnel Authority. These policies are governed by--

(a) P.L. 90-614 and D.C. Law 1-96, as amended, set forth in Title I of the District of Columbia Code, Section 1-1521 and following sections of Subchapter II of that Title; and

(b) The District of Columbia Government Freedom of Information Regulations, set forth in the D.C. Register dated January 27, 1978.

3108.2 In addition to the data subject (the employee), the employee's authorized representative, parent, and legal representative shall not be excluded from coverage under this subsection. However, they are more specifically covered by the records access provisions of sections 3112-3121 of this chapter.

3108.3 The restrictions on release of certain information to employees set forth in this subsection shall also apply to disclosure under sections 3114-3121 of this chapter.

3108.4 Access for Federal agencies may be made under this subsection, but is more specifically covered under section 3125 of this chapter.

3108.5 Access for personnel and law enforcement authorities shall be made in accordance with section 3102 of this chapter.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3109 PLACES WHERE INFORMATION MAY BE OBTAINED

3109.1 A request for information which the requester believes is located in the Office of Personnel should be addressed to the File Room, D.C. Office of Personnel, 613 "G" Street, N.W., Washington, D.C. 20001, or directly to the Cluster Personnel Office servicing the employee's agency. If the information is known to be in the custody of an Independent Personnel Authority, the request for information from official personnel records should be sent to the Director of Personnel of that Authority. If the location of the record is not known, the request should be sent to the Office of Personnel at the address shown above.

3109.2 If a request for information is made to an office that does not have possession of the information, that office shall promptly forward the request to the appropriate office and notify the requester that it has done so.

3109.3 For purposes of applying the time limits in the District of Columbia Government Freedom of Information Regulations, the request shall not be considered received until it arrives in the office having possession of the requested information.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3110 PROCEDURES FOR OBTAINING INFORMATION

3110.1 A request for information under the District of Columbia Government Freedom of InformationRegulations may be made by letter or in person during business hours on a regular business day.

3110.2 Each request for information under the District of Columbia Government Freedom of Information Regulations should be clearly and prominently identified by means of a legend on the first page, such as "Freedom of Information Request." In addition, if sent by mail or otherwise submitted in an envelope or other cover, the outside should be clearly and prominently marked "FOI" or "Freedom of Information."

3110.3 A request under this section shall reasonably describe the information being requested, including relevant data such as name, number, date, subject, title of record, or other identifying particulars sufficient to enable the information to be located. Requests for information contained in personnel records from persons other than the individual to whom the record pertains shall be processed subject to this section.

(a) Requests for information from Official Personnel Folders and similar files should contain such information as name, date of birth, Social Security Account Number, agency where employed, and, if not presently employed, approximate dates of the most recent D.C. employment.

(b) Requests for information from investigatory files should contain name, date and place of birth, and Social Security Account Number.

(c) Requests for information concerning the results of examinations should include name, date of birth, Social Security Account Number, and identification number together with the title of the examination or the announcement number, date, and time of examination.

3110.4 Time of response, service charges and other conditions of disclosure shall be those specified in the Freedom of Information Regulations.

3110.5 The denial of a request (for access or disclosure) by the employee or his or her authorized representative shall be made and appealed as specified in sections 3114 through 3122 of this chapter.

3110.6 Denial of a request received from a member of the public not covered by sections 3114 through 3121 of this chapter may be appealed to the Mayor, as provided in the Freedom of Information Regulations.

3110.7 If the Mayor denies the request, or fails to respond within the time limits of the District of Columbia Freedom of Information Act, the person seeking the information may institute proceedings in the Superior Court of the District of Columbia, as provided in that Act.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3111 PROCEDURE FOR DISCLOSURE OF INFORMATION

3111.1 When the Office of Personnel or an Independent Personnel Authority receives requests for information under the Freedom of Information Regulations of the District of Columbia, it shall provide or disclose the requested information promptly, subject to the following conditions:

(a) The request reasonably describes the information sought.

(b) The request is submitted according to the procedures specified in section 3117 of this chapter.

(c) Any applicable fees for records search, copying, printed matter, or computer services have been paid or waived as specified in the Freedom of Information Regulations of the District of Columbia.

(d) Disclosure of the information is permitted by this chapter.

3111.2 If disclosure of the requested information is subject to a restriction or prohibition specified in this chapter, the Office of Personnel or Independent Personnel Authority shall so inform the requester and shall not disclose the information except as provided in this chapter.

3111.3 If part of the requested information is exempt from disclosure and part is not, the Office of Personnel or an Independent Personnel Authority shall disclose reasonably segregable portions of the material after deleting exempt portions.

3111.4 The Office of Personnel or Independent Personnel Authority shall not disclose a record from a system of personnel records without obtaining the prior written consent of the data subject, except as provided in this chapter.

3111.5 Upon written consent of the employee, information from the employee's personnel record may be disclosed, but only to the extent that the information would be available to the employee under this chapter.

3111.6 The Office of Personnel, Independent Personnel Authorities, and agencies may disclose information from a system of personnel records without the prior consent of the data subject, when such disclosure is--

(a) The record of a deceased data subject;

(b) To an official of the D.C. Government who has a need for the record in the performance of his or her duties and who is a "personnel authority" as defined in section 3102 of this chapter;

(c) To an official of the D.C. or Federal Government who is a "law enforcement authority" as defined in section 3102 of this chapter;

(d) Required under subsections 3113.1 and 3113.3 through 3113.5 of this chapter;

(e) To a parent of a minor data subject, or the legal guardian of a data subject, under sections 3114 through 3121 below;

(f) To the Bureau of the Census or other agency authorized by the Office of Personnel or Independent Personnel Authority for purposes of planning or carrying out a census or survey or related activity;

(g) To a recipient who has provided the Office of Personnel or Independent Personnel Authority with advance adequate written assurance that a record will be used solely as a statistical, research, or reporting record and the record is to be transferred in a form that is not individually identifiable. Assurance shall include--

(1) A statement of the purpose for requesting the records; and

(2) Certification that the records will be used only for statistical purposes;

(h) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its evaluation by the Administrator of General Services or his or her designee to determine whether the record has such value;

(i) To a person pursuant to a showing of compelling circumstances affecting the health and safety of an individual (not necessarily the data subject). Upon such disclosure, the data subject shall be notified in writing of the disclosure. This requirement is met. when notification is transmitted to the last known address of the data subject;

(j) Pursuant to the order or subpoena of a court of competent jurisdiction; or

(k) Determined by the head of the Office of Personnel or an Independent Personnel Authority to be a necessary and proper disclosure and not a clearly unwarranted invasion of personal privacy.

3111.7 Information from the personnel record of a deceased employee may be disclosed unless it pertains to someone other than the data subject and disclosure would be a clearly unwarranted invasion of the living person's privacy, or should otherwise be withheld under law or regulation.

3111.8 All disclosures from a system of personnel records shall be accounted for by keeping a written record of the disclosure as specified in this subsection, except for disclosure from the record of a deceased data subject, disclosure to personnel authorities and law enforcement authorities as defined in section 3102 of this chapter, and disclosure under the Freedom of Information Act, which consists of those listed in subsections 3113.1 through 3113.5 of this chapter.

3111.9 Whenever an accounting of disclosure is required, the accounting shall include--

(a) The description of the record disclosed;

(b) The name, position title, and address of the person to whom the disclosure was made;

(c) The method and purpose of disclosure;

(d) The name and position title of the person making the disclosure; and

(e) The date of the disclosure of the record.

3111.10 The Office of Personnel or Independent Personnel Authority shall record the accounting of disclosure and shall retain this accounting for at least three years or the life of the record, whichever is longer. This accounting of disclosure may be maintained either in the record itself or elsewhere, in a manner that permits an accurate and complete response to any proper request for an accounting of all disclosures made.

3111.11 An individual may request access to the accounting of the disclosure of the individual’s personnel record, and the custodian of the record shall respond within ten (10) working days with the information in the disclosure accounting record.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3112 LIMITATIONS ON DISCLOSURE FROM SPECIFIC PERSONNEL RECORDS

3112.1 Medical information about an applicant, employee, orannuitant shall not be made available to the public by the Office of Personnel or an Independent Personnel Authority.

3112.2 Medical information about an applicant, employee, or annuitant may be disclosed by the Office of Personnel or an Independent Personnel Authority to the applicant, employee, or annuitant, or a representative designated in writing, except that medical information concerning a mental or other condition of such a nature that a prudent physician would hesitate to inform a person suffering from it of its exact nature and probable outcome shall be disclosed only to a licensed physician designated in writing for that purpose by the individual or his or her designated representative.

3112.3 The Office of Personnel and Independent Personnel Authorities make information available to the public that will assist members of the public in understanding the purpose of, and in preparing for, examinations. They make information available to the public relative to the types of questions and the categories of knowledge or skill pertinent to a particular examination.

3112.4 The following materials shall not be available to the public:

(a) Testing and examination materials used solely to determine individual qualifications.

(b) Test material, including test plans, item analysis data, criterion instruments, and other material the disclosure of which would compromise the objectivity of the testing process.

3112.5 Each employee entrusted with test material shall protect the confidentiality of that material and ensure that it is released only as required to conduct an examination authorized by the Office of Personnel or an Independent Personnel Authority.

3112.6 The applicant's answers in a written test may be reviewed by the applicant only in the presence of an employee of the Office of Personnel or an Independent Personnel Authority in an appropriate office. The test booklet shall not be made available in connection with such review.

3112.7 Information concerning the results of examinations shall be released only to those parties explicitly designated by the individual.

3112.8 The names of applicants for positions or eligibles on registers, certificates, employment lists, or other lists of eligibles, or their ratings or relative standing shall not be information available to the public.

3112.9 Investigatory records compiled for law enforcement purposes shall be exempted from disclosure to the extent that the production of such records would--

(a) Interfere with enforcement proceedings;

(b) Deprive a person of a right to a fair trial or impartial adjudication;

(c) Constitute an unwarranted invasion of personal privacy;

(d) Disclose the identity of a confidential source;

(e) Disclose confidential information furnished only by the confidential source (in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation);

(f) Disclose investigative techniques and procedures; or

(g) Endanger the life or physical safety of law enforcement personnel.

3112.10 All requests for investigative reports of investigations conducted by the Office of Personnelor an Independent Personnel Authority shall be forwarded to the Director of Personnel of the Office of Personnel or of the Independent Personnel Authority making the investigation. If the investigative file on the subject of investigation contains investigatory information that originated in another agency, the Director of Personnel receiving the request shall refer a copy of the subject's request to that agency for its decision concerning release of the investigatory information that originated in that agency.

3112.11 Copies of reports of investigation conducted by the Office of Personnel or an Independent Personnel Authority shall be furnished upon request to the subject of investigation or to his or her representative designated in writing, with the exception of any material that is exempted from disclosure under this section.

3112.12 The Office of Personnel or an Independent Personnel Authority, in suitability rating actions, shall disclose to an applicant, eligible, or appointee, or a representative designated in writing, such information from the report of investigation as the Office of Personnel or Independent Personnel Authority determines is sufficient to enable him or her to respond to an interrogatory or other question without revealing the source of information obtained under an expressed or implied pledge of confidence.

3112.13 The Office of Personnel or an Independent Personnel Authority shall furnish a report of investigation to the government agency concerned.

3112.14 The Office of Personnel or an Independent Personnel Authority shall not make a report of investigation or information from a report under its control available to the public, to witnesses, or, except as provided in this section, to the parties concerned in the investigation.

3112.15 Any other provision of this section notwithstanding, no Federal investigative records shall be disclosed. Requests for disclosure of Federal records shall be referred to the U.S. Office of Personnel Management.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3113 DISCLOSURE OF INFORMATION

3113.1 The following information about most present and former government employees shall be available to the public:

(a) Name.

(b) Present and past position titles.

(c) Present and past grades.

(d) Present and past salaries.

(e) Present and past duty stations (which includes room numbers, shop designations, or other identifying information regarding buildings or places of employment).

3113.2 Disclosure of this information shall not be made where the information requested is a list of present or past position titles, grades, salaries, and/or duty stations of government employees which, as determined by the official responsible for custody of that information--

(a) Is selected in such a way as to constitute a clearly unwarranted invasion of personal privacy because the nature of the request calls for a response that would reveal more about the employees on whom information is sought than the five enumerated items; or

(b) Would otherwise be protected from mandatory disclosure under an exemption of the D.C. Freedom of Information Act.

3113.3 In addition to the information that may be made available under subsection 3113.1 above, the following information may be made available to a prospective employer of a current or former D.C. Government employee:

(a) Tenure of employment.

(b) Civil service status.

(c) Length of service in the agency and D.C. Government.

(d) When separated, the date of separation shown on the Notification of Personnel Action. The reason for separation shall not be disclosed without the prior written consent of the data subject.

3113.4 For verification of employment, as requested by credit firms, the same information may be furnished as for a prospective employer, except the reason for separation will not be furnished.

3113.5 Information for historical or educational research purposes may be released as follows:

(a) The General Services Administration, National Archives and Records Service, may make information from the Official Personnel Folder of an employee separated from the service available to a person engaged in research for historical or educational purposes or for similar purposes when the person has written permission from the Office of Personnel or an Independent Personnel Authority to receive such information.

(b) This permission shall be requested in writing from the Director of Personnel of the Office of Personnel or an Independent Personnel Authority. Requests for this type of information should include identifying information as described in section 3110 of this chapter, and verification from a publishing, educational, research, or other similarly recognized institution that the information is being sought for historical, educational, or other similar purposes.

(c) Information made available under this subsection shall be in the form of an abstract of the former employee's service in the government and, when the employee has been separated at least five years, an abstract of educational and experience background as reflected in the application for employment with the D.C. Government. Information that is derogatory to the former employee shall not be made available under this subsection.

3113.6 Except as provided in this section, information required to be included in an Official Personnel Folder shall not be available to the public.

3113.7 Information from the Official Personnel Folder may be disclosed to a prospective District or Federal Government employer.

3113.8 The Office of Personnel or an Independent Personnel Authority, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy:

(a) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned.

(b) The status of the case.

(c) The decision in the case.

(d) The nature of the action appealed.

(e) With the consent of the parties concerned, other reasonably identified information from the file.

3113.9 The Office of Personnel or an Independent Personnel Authority shall disclose to the parties concerned the information contained in an appeal file except when the disclosure would violate the proscription against the disclosure of medical information.

3113.10 For the purposes of subsections 3113.8 and 3113.9 above, "the parties concerned" means the applicant for government employment, government employee, or former government employee involved in the proceedings, his or her representative designated in writing, and the representative of the Office of Personnel or Independent Personnel Authority involved in the proceeding.

3113.11 The Office of Personnel or an Independent Personnel Authority shall not disclose information from retirement files and records.

3113.12 All requests for retuirement information shall be referred to the District agency having primary responsibility for the retirement program.

3113.13 Disclosure shall be made to the extent and in the manner provided by D.C. or Federal regulations applicable to the retirement system involved.

3113.14 The annual and sick leave records of an employee, or information from these records, shall not be made available to the public by the Office of Personnel or Independent Personnel Authority or other government agency. However, the leave record, or information from it, shall be disclosed to the employee concerned or, with his or her written consent, to a representative of the employee or any other person that he or she authorizes to have the record.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3114 EMPLOYEE ACCESS TO AND AMENDMENT OF OFFICIAL PERSONNEL RECORDS

3114.1 The official personnel records of a District employee shall be disclosed to the employee or a representative of his or her choice.

3114.2 The disclosure shall be made in the presence of a representative of the agency having custody of the records.

3114.3 No employee or representative shall have access to information in an official personnel record that is subject to specific restrictions on disclosure to the employee as stipulated in sections 3112 and 3113 of this chapter.

3114.4 Each employee shall have the right to present information immediately germane to any information contained in his or her official personnel record and seek to have irrelevant, immaterial, or untimely information removed from the record, as provided in section 3120 of this chapter.

3114.5 For the purpose of and under the conditions specified in this section and sections 3115 through 3121, the rights of access to and amendment of official personnel records by an authorized representative of an employee, a parent of a minor employee, and a legal guardian of an employee shall be the same as those of the employee.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3115 IDENTIFICATION REQUIREMENTS FOR INQUIRIES AND REQUESTS FOR ACCESS

3115.1 Unless the information sought is required to be released under the Freedom of Information Act or other statute, the Office of Personnel or agency shall require proof of identity from a requester, and reserve the right to determine the adequacy of any such proof of identity before responding to a specific inquiry or request for access to a record in a system of records.

3115.2 The general identifying information items that a custodian of personnel records may ask to be furnished by the data subject before a specific inquiry is answered or access is granted include the following:

(a) Full name, signature, and home address.

(b) Date and place of birth.

(c) The current or last place and dates of District employment, if appropriate.

(d) Social Security Account Number (for systems of records retrieved by this identifier).

3115.3 A request/inquiry from someone other than the data subject involving data available only to the data subject shall contain copies of any document that establishes the relationship or authorizes access as follows:

(a) Where the requester is the parent or legal guardian of a data subject who is a minor, the requester shall identify the relationship with the data subject and furnish a certified or authenticated (e.g., notarized) copy of any document establishing parentage or appointment as legal guardian.

(b) Where the requester is the legal guardian of a data subject who has been declared incompetent by the courts, the requester shall identify the relationship with the data subject and furnish a certified or authenticated copy of the court's appointment of guardianship.

(c) Where the requester is a representative of the data subject, the requester shall identify the relationship with the data subject or the data subject's parent or legal guardian, and furnish documentation designating the representative as having authority to act on behalf of the data subject.

3115.4 When the requester appears in person and cannot be identified by sight and signature, proof of identity shall be required in the form of--

(a) A document bearing the individual's signature and photograph (for example: driver's license, passport, or military or civilian identification card); or

(b) Two documents bearing the individual's signature (for example: medicare card; unemployment insurance book; employer identification card; professional, craft, or union membership card).

3115.5 When a request is made by the parent, legal guardian, or authorized representative of the data subject, the means of identifying the requester, and his or her authority for acting on behalf of the subject, shall be as prescribed in subsection 3115.3 of this section. In addition, the requester shall establish the identity of the data subject in the manner prescribed in subsections 3115.1 and 3115.2 of this section.

3115.6 When a written inquiry or request is received from the data subject, or from the data subject's parent, legal guardian, or authorized representative, it shall be signed and--

(a) For an inquiry, contain sufficient identifying information about the data subject to permit searching of the record system(s) to permit response; and

(b) For a request--

(1) From the data subject, contain sufficient information to locate the record and establish that the requester and the data subject are the same (e.g., matching signatures); or

(2) From the data subject's parent, legal guardian or authorized representative, contain sufficient information to locate the record and match identity with the data subject, and such documentation of association or authorization as is prescribed in this section.

3115.7 The signed request from the data subject, or from the data subject's parent, legal guardian, or authorized representative specified in this subsection shall be sufficient proof of identity of the requester unless for good cause the custodian of the personnel records or his or her designee determines that there is a need to require some notarized or certified evidence of the identity of the requester.

3115.8 The custodian of the personnel records or his or her designee may modify the types of proof of identity required and the method by which it is provided, on a case-by-case basis and within the limits prescribed in this section.

3115.9 When provisions of this section are alleged to have the effect of impeding an individual in exercising rights of access, the Office of Personnel or the agency shall consider from the individual making the request reasonable alternative suggestions regarding proof of identity and authority for access to records.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3116 REQUESTS FOR ACCESS

3116.1 A data subject shall be granted access to the data subject's own records upon request, except where denial is authorized under sections 3112 and 3113 of this chapter. To request access, the individual should contact the D.C. Office of Personnel or the Independent Personnel Authority having custody of the records. Requests may be made in person or by mail. Requests should specify the name of the system of records, if known. All individuals requesting access to records shall meet the identification requirements set forth in section 3115 above. Agencies may provide forms to facilitate the servicing of requests under these regulations.

3116.2 When an individual cites the Freedom of Information Act and requests personnel records about himself or herself, the request shall be processed under this section, as it provides greater access.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3117 METHODS OF ACCESS

3117.1 The following shall be methods for allowing access to records when such access has been granted by a custodian of the personnel records or his or her designee:

(a) Inspection in person may be made in the office designated by the custodian of personnel records during the hours specified by the agency; or

(b) Generally, the D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, shall not furnish certified copies of records.

(c) Where copies of records are to be furnished, they may be mailed at the request of the data subject or, as determined by the D.C. Office of Personnel or the Independent Personnel Authority having custody of the records, only after payment of any fee levied in accordance with the Freedom of Information Regulations is received.

3117.2 Where the requester seeks to obtain original documents, the D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, may reserve the right to limit the request to copies of the original records.

3117.3 In no event shall original records be made available for review except in the presence of the custodian of the personnel records or his or her designee. Section 22-3107 of the District of Columbia Code makes it a crime to deface, mutilate, destroy, abstract or conceal the whole or any part of any record filed in a public office.

3117.4 Special procedures may be applied when processing requests for medical records where the records contain information about medical conditions of such a nature that a prudent physician would hesitate to inform a person suffering from those conditions of their exact nature or probable outcome.

3117.5 If the procedures are to be applied, the information sought shall be released only to a licensed physician designated in writing for that purpose by the data subject or the data subject's authorized representative, parent, or legal guardian.

3117.6 The data subject or the data subject's parent, legal guardian, or authorized representative may be accompanied by someone of his or her choice during personnel access.

3117.7 Neither the data subject nor his or her representative shall be required to justify the decision to be accompanied during access to a record in the presence of the accompanying individual.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3118 RESPONSE TO ACCESS REQUEST

3118.1 The D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, shall respond within ten (10) working days after receipt by the system manager or his or her designee to each specific inquiry for access.

3118.2 If the requested data or an answer to a specific inquiry cannot be furnished within the ten (10) day period, a response shall be sent within that time giving the status of the matter and the expected date the material or answer will be furnished, or requesting any additional information needed to process the specific inquiry or request for access.

3118.3 Action shall be completed as soon as possible thereafter, but not later than twenty (20) working days after receipt of the original specific inquiry, request for access, or receipt of the additional information that was requested.

3118.4 In unusual circumstances and for good cause, the custodian of the personnel records may decide that action cannot be completed within twenty (20) days.

3118.5 Unusual circumstances would exist, for example, when the record must be retrieved from archival storage or requested from another agency, when a voluminous amount of material must be reviewed, or when information on other individuals must be separated or deleted from a particular record.

3118.6 In any case, the official shall advise the individual of the reason for the delay and the date (not to exceed an additional (20) working days) by which action can be expected to be completed.

3118.7 Unless the requester refuses to abide by the procedures for access to records as specified in this section, the custodian of the personnel records or his or her designee shall make the entire contents of the requested record available to a properly identified data subject or the data subject's authorized representative, except for data that--

(a) Is subject to a properly promulgated exemption under these regulations; or

(b) Requires special procedures for access.

3118.8 Generally, it shall be the policy of the Office of Personnel that there shall be no charge for the first copy of the information being requested, unless large amounts of material must be produced.

3118.9 Thereafter, copies of the same records may be furnished on request after payment in accordance with the fee schedule listed in the Freedom of Information Regulations of the District of Columbia.

3118.10 The custodian of the personnel records or his or her designee, at his or her discretion, may elect to furnish a copy of the material to the requester in person or by mail.

3118.11 Where it is necessary for the custodian of the personnel records or his or her designee to deny access to all or any part of the requested record, the decision shall be based on one of the reasons for denial set forth above.

3118.12 The agency or official claiming an exemption from the access provisions shall inform the requester of the basis for the denial and of the requester's right to appeal the decision to exempt any or all of the requested records, as set forth below.

3118.13 If an access request is denied, the official custodian of the personnel records or his or her designee shall give the requester the following information:

(a) The custodian of the personnel record's or designee's name, position title, and business mailing address.

(b) The reason for the denial, including citation of appropriate sections of these regulations.

(c) The individual's opportunity for further administrative consideration, as provided in §§ 3121 and 3122.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981); as amended by Final Rulemaking published at 46 DCR 2372 (May 5, 1999).

6-B DCMR § 3119 REQUEST FOR AMENDMENT OF RECORD

3119.1 Data subjects may request the amendment of their records in writing or in person by contacting the custodian of the personnel record or his or her designee. Requests by mail may be expedited if the words "PERSONNEL RECORD AMENDMENT REQUEST" appear in capital letters on both the face of the envelope and the enclosed letter.

3119.2 Misaddressed or misdirected requests shall be forwarded promptly to the proper office. Time limits prescribed in this section will be measured from receipt at the proper office.

3119.3 In each instance when a forwarded request is received, the receiving office shall notify the data subject that the request was improperly addressed or marked, and inform him or her of the date when the request was received in the proper office.

3119.4 A request for amendment should include the following:

(a) The precise identification of the records sought to be amended (for example, description, title, date, paragraph, sentence, line, and words).

(b) The specific material to be deleted, if any.

(c) The specific material to be added, if any, and the exact place at which it is to be added.

(d) A statement of the reasons for the request, with all available documents and materials that substantiate the request.

3119.5 Upon receipt of a request to correct or amend a record, when the Office of Personnel or an agency finds that the request is not in accordance with the requirements prescribed in this section or section 3120 below, the custodian of the personnel records shall, in writing, communicate this determination. From the standpoint of meeting time limits, the request shall not be considered received until such clarifying information is received.

3119.6 The custodian of the personnel records shall respond in writing to a request to amend a record within ten (10) working days. Where appropriate, a response indicating the decision of the Office of Personnel or an agency regarding the request to amend shall be furnished at that time.

3119.7 Where a decision cannot be furnished within ten (10) working days, the response shall acknowledge receipt of the reasons for the delay and the approximate date (within twenty (20) working days) on which a decision will be issued.

3119.8 When the request for amendment is granted, the custodian of the personnel record or his or her designee shall make the requested amendment, informing the individual in writing of this action, and provide either a copy of the amended record, or in cases where a copy cannot be provided (for example, erasure of information from a record maintained only in computer media), a statement of how the amendment was effected.

3119.9 The custodian of the personnel records or his or her designee shall, where practical, and where records are used in determinations concerning individuals, advise all other known holders of the records of the amendment.

3119.10 The requester shall be informed that known prior recipients of the record have been requested to amend their copies.

3119.11 When the request for amendment is denied, the custodian of the personnel records or his or her designee shall inform the individual in writing that the request is denied and provide the following information:

(a) The name and title of the custodian of the personnel records or his or her designee.

(b) The reason for denial,including citation of the appropriate sections of these regulations.

3119.12 In those circumstances where the request is partially granted and partially denied, the custodian or his or her designee shall inform the requester how the amendment has been partially effected and the basis for the denial of part of the request.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3120 BASIS FOR DENIAL OF REQUEST FOR AMENDMENT

3120.1 The following criteria shall be considered by the custodian of the personnel records or his or her designee in reviewing initial requests for amendment of records:

(a) The sufficiency of the evidence submitted by the data subject.

(b) The factual accuracy of the information submitted and the information in the record.

(c) The relevancy, necessity, timeliness, and completeness of the information in light of the purpose for which it was collected.

(d) The degree of possibility that denial of the request could result in unfair determinations adverse to the data subject.

(e) The character of the record sought to be amended.

(f) The propriety and feasibility of complying with the specific means of amendment requested by the data subject.

(g) The possible involvement of the record in a judicial or quasi-judicial process.

3120.2 The person requesting amendment of the record has the burden of supplying information in support of the propriety and necessity of the amendment request. The decision on the request shall then be rendered based on a review of the data submitted.

3120.3 The custodian of the personnel records shall not be required to gather supporting evidence for the individual and may reserve the right to verify the evidence which the individual submits.

3120.4 Amendment of a record shall be denied upon a determination by the custodian of the personnel records or his or her designee that--

(a) The record is subject to an exemption under these regulations, and such exemption is claimed under section 3112 of this chapter;

(b) The information submitted by the data subject is not accurate, relevant, or of sufficient probative value;

(c) The amendment would violate an enacted statute or regulation;

(d) The individual refuses to provide information which is necessary to process the request to amend the record; or

(e) The record for which amendment is requested is a record presented in a judicial or quasi-judicial proceeding, or is reasonably expected to be used in a judicial or quasi-judicial proceeding, when such record may be germane to that proceeding.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3121 ADMINISTRATIVE REVIEW OF DENIAL OF ACCESS OR AMENDMENT

3121.1 An employee or other person authorized to request access to or amendment of personnel records under sections 3104 through 3120 above, whose request has been denied, may request administrative review of the denial. Such review shall be made by the Director of the Office of Personnel or of the Independent Personnel Authority having custody of the records, and should be addressed, with the envelope clearly marked "Request for Administrative Review."

3121.2 The D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, shall respond in writing within ten (10) working days to each request for administrative review of a denial of disclosure or amendment.

3121.3 If a decision cannot be made within the ten (10) day period, an acknowledgment letter shall be sent within that time explaining the delay and furnishing an expected date for the decision.

3121.4 A decision on the request shall be made within thirty (30) working days after receipt of the request.

3121.5 Only for good cause shown, and at the discretion of the responsible official, may this time limit be extended. Any extension shall be made by written notification to the requester explaining the reason for the extension and furnishing a new expected date for the decision. Generally, such extension shall be for no more than an additional thirty (30) working days.

3121.6 The requester shall be notified in writing of the decision, and the responsible official shall--

(a) Grant the requested amendment in its entirety and notify the requester of all actions taken to effect the amendment and notify known prior recipients of the record; or

(b) Uphold the decision not to amend the record as requested and inform the requester of--

(1) The basis for the decision;

(2) The name and position title of the official responsible for the decision; and

(3) The procedures whereby the requester may appeal the decision; or

(c) Grant the requested amendment in part and inform the requester as prescribed in this subsection. For that part denied, inform the requester as prescribed in this subsection.

3121.7 The custodian of the personnel records or designee who issued the denial decision shall be responsible for providing the record which was the subject of the amendment request, and shall otherwise cooperate with the reviewing official.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3122 APPEALS

3122.1 All appeals of decisions by a Federal official regarding disclosure, access, or amendment of Federal records shall be made in accordance with the appeals provisions of Federal regulations.

3122.2 Appeals of decisions made in response to a request for information under the Freedom of Information Act shall be made as specified in subsections 3110.5 through 3110.7 of this chapter.

3122.3 An appeal of a decision rendered pursuant to sections 3114 through 3121 of this chapter shall be initiated by a "Request for Administrative Review" as set forth in section 3121 of this chapter.

3122.4 An appeal of a decision made in an administrative review may be made by initiating an action in the Superior Court of the District of Columbia in accordance with D.C. Code § 1-1527(a).

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981); as amended by Final Rulemaking published at 46 DCR 2372 (May 5, 1999).

6-B DCMR § 3123 TRANSFER OF OFFICIAL PERSONNEL FOLDER

3123.1 When the Office of Personnel or an Independent Personnel Authority hires a person who has served in a District position subject to this chapter, it shall request the transfer of the Official Personnel Folder pertaining to the person's employment. The folder so obtained shall be used in lieu of establishing a new District Official Personnel Folder.

3123.2 When a person for whom an Official Personnel Folder has been established transfers from one personnel authority to another, the losing authority shall, upon request, transfer the folder to the new employing personnel authority.

3123.3 Before transferring the Official Personnel Folder, the losing personnel authority shall--

(a) Remove those records of a temporary nature filed in the folder; and

(b) Ensure that all permanent documents in the folder are complete, correct, and present in the folder in accordance with these regulations.

3123.4 When a former District employee is reappointed, the National Personnel Records Center (civilian) or other repository will, upon request, transfer the folder to the new employing personnel authority.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3124 DISPOSITION OF FOLDERS OF FORMER EMPLOYEES

3124.1 The Official Personnel Folders of temporary employees who are typically re-employed after a period of seasonal separation may be retained indefinitely by the employing authority.

3124.2 Folders of persons separated from employment may be retained by the losing Independent Personnel Authority for thirty (30) days after the separation, and may be retained for an additional sixty (60) days or until all required records have been procured and included in the Folder.

3124.3 Inactive personnel folders shall be transferred to the General Services Administration, National Personnel Records Center (civilian), 111 Winnebago Street, Saint Louis, Missouri 63118, or such other repository as may be designated by the D.C. Department of General Services.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B DCMR § 3125 EXCHANGE OF OFFCIAL PERSONNEL INFORMATION

The Mayor, pursuant to the provisions of Sections 2801 and 3102 of Title XXXI of the Act, is required by Section 3108 of the Act to enter into an agreement with the United States Office of Personnel Management for the exchange of official personnel information, to the extent mutually agreed upon, between the District and Federal Governments in accordance with limitations imposed by law. Official personnel information shall be exchanged as required by the agreement and these regulations.

History

• SOURCE: Final Rulemaking published at 28 DCR 4288 (October 2, 1981).

6-B32 SUB-DELEGATION OF PERSONNEL AUTHORITY

6-B DCMR § 3200 PURPOSE

3200.1 This chapter sets forth the procedures by which a subordinate agency head, through his or her sub-delegated personnel authority, may designate a Human Resources Authority (HR Authority) and an Alternate Human Resources Authority (Alternate HR Authority).

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3201 DESIGNATIONS OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES

3201.1 When designating an individual to serve as a HR Authority or an Alternate HR Authority pursuant to these rules, an agency head shall consider the following criteria with respect to each individual:

The nature, scope, and anticipated number of the human resources actions to be assigned;

The general experience, training, education, judgment, character, and reputation of the individual;

The individual’s experience in District human resources management and practices, general administration, and related fields;

The individual’s education or specialized training in human resources, business administration, employment law, labor relations law, and related fields;

The individual’s knowledge of District personnel laws, regulations, and procedures, including the provisions of this title, and applicable federal laws, regulations, and procedures;

The individual’s knowledge in particular human resources areas, such as recruitment, staffing and selection, compensation and classification, benefits, workforce development, and other human resources specialties; and

The individual’s satisfactory completion of required annual human resources training courses (including annual ethics training courses).

3201.2 In order for an employee in a subordinate agency to be confirmed for a sub-delegation of personnel authority, the agency head shall submit to the Director of the D.C. Department of Human Resources (DCHR) a designation of the employee to serve as a HR Authority and a designation of a separate employee to serve as an Alternate HR Authority.

3201.3 Each designation of a HR Authority and an Alternate HR Authority shall be in writing.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3202 APPROVAL OF DESIGNATIONS OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES

3202.1 The Director of DCHR shall consider whether any individual designated by a subordinate agency as an HR Authority or Alternate HR Authority has the qualifications and knowledge required to exercise any sub-delegated personnel functions on behalf of that particular agency.

3202.2 A sub-delegation of authority to an individual designated to serve as a HR Authority or an Alternate HR Authority shall not be effective until approved by the Director of DCHR, and an official confirmation of designation shall be provided to each agency head and those designated.

3202.3 An official confirmation of the designated HR Authority and Alternate HR Authority shall include:

The nature and scope of duties to be exercised by the HR Authority and Alternate HR Authority;

Any limitations on the authority set forth in applicable laws, regulations, and guidelines published by DCHR;

The effective period of the sub-delegation; and

The signature of the Director of DCHR.

3202.4 After an HR Authority and an Alternate HR Authority have been approved and confirmed by the Director of DCHR, the agency head shall inform those designated of their approved responsibilities.

3202.5 At the discretion of an agency head, the agency may designate only an HR Authority and not an Alternate HR Authority where the agency does not have the resources or capacity to also designate an Alternate HR Authority.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3203 RESPONSIBILITIES OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES

3203.1 An HR Authority and an Alternate HR Authority shall not be delegated or presumed any greater authority than the personnel authority or the agency head making the designations.

3203.2 An agency’s HR Authority and Alternate HR Authority shall be held accountable as that agency’s designated signatory or signatories, as applicable, for the execution of those specified human resource activities and functions delegated to him or her.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3204 TERMINATIONS AND MODIFICATIONS OF DESIGNATIONS

3204.1 The Director of DCHR or an agency head may at any time terminate or limit a sub-delegation of personnel authority or the responsibilities of an agency’s designated HR Authority or Alternate HR Authority as warranted or required under applicable laws, regulations, and guidelines published by DCHR.

3204.2 Termination of a designated HR Authority or Alternate HR Authority shall be requested in writing, except in situations in which the sub-delegation of authority automatically terminates due to the end of the designee’s employment with the District of Columbia Government or the designee transfers out of the scope of responsibility area required to perform those specifically designated responsibilities.

3204.3 Written requests for modification of a designated HR Authority or Alternate HR Authority shall include:

The amended nature and scope of duties to be exercised by the HR Authority and Alternate HR Authority;

Any noted changes to the limitations on the authority set forth in applicable laws, regulations, and guidelines published by DCHR;

The effective period of the amended sub-delegation; and

The signature of the Director of DCHR.

3204.4 No termination or modification shall operate retroactively.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3205 RECORDS OF SUB-DELEGATIONS

3205.1 The Director of DCHR and the agency head shall each maintain a record of the confirmed designees and any modifications or terminations of the designated HR Authority’s or Alternate HR Authority’s functions specific to those agencies which are subordinate to the Mayor and that have sub-delegated personnel authority.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3206 STANDARDS OF CONDUCT

3206.1 The Director of DCHR shall ensure that each designated HR Authority and Alternate HR Authority affirms that they have knowledge of and will abide by:

Conflict of interest and other employee conduct regulations of Chapter 18 of Subtitle B of Title 6 of the District of Columbia Municipal Regulations (DCMR) ;

Title 6B of the DCMR and the applicability of those regulations to human resources authority and human resources processes, including recruitment and selection regulations, guides, and procedures;

Applicable federal laws and regulations; and

Any other regulations, guidelines, or operating procedures relevant to adequately carry out the human resources functions as sub-delegated.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B DCMR § 3299 DEFINITIONS

3299.1 For the purposes of this chapter, the following terms have the meanings ascribed:

Agency Head – the highest ranking executive official of an agency.

Alternate HR Authority – a person designated in writing by the agency head, and confirmed by the Director of DCHR, to serve in the absence of the primary HR Authority as a signatory and executor of those specified human resources functions sub-delegated to their agency by the Personnel Authority.

HR Authority – a person designated in writing by the agency head, and confirmed by the Director of DCHR, to serve as the primary signatory and executor of those specified human resources functions sub-delegated to their agency by the Personnel Authority.

Personnel Authority – the Director of DCHR.

Subordinate agency – any agency under the direct administrative control of the Mayor.

History

• SOURCE: Final Rulemaking published at 59 DCR 14966 (December 21, 2012).

6-B36 LEGAL SERVICE

6-B DCMR § 3600 APPLICABILITY

3600.1 This chapter applies to all attorneys appointed to the Legal Service who are employed by the Office of the Attorney General for the District of Columbia, the Mayor’s Office of Legal Counsel, or a subordinate agency.

3600.2 The time limitations contained in this chapter requiring action within a specific number of days are to be complied with to the extent feasible, except that time limitations for compliance with training requirements under Sections 3610, 3611 and 3612 shall be complied with strictly.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371(September 28, 2000); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3600

6-B DCMR § 3601 APPOINTMENT

3601.1 Attorneys employed by the Office of the Attorney General, the Mayor’s Office of Legal Counsel, and subordinate agencies wherever located in the District government, shall be hired by the Attorney General, the Director of the Mayor’s Office of Legal Counsel, or the relevant agency head, as applicable, in accordance with hiring procedures jointly established by Office Order of the Attorney General and the Director.

3601.2 The Attorney General and the Director shall establish hiring procedures by Office Orders of their respective offices.

3601.3 Hiring decisions for attorneys shall take into account:

Requirements of the position to be filled;

(b) Professional characteristics of the applicant, including:

Analytical skill;

(2) Litigation, transactional, and/or counseling experience, if relevant;

(3) Oral skills;

(4) Writing skills; and

(5) Substantive legal knowledge; and

(c) Personal characteristics of the applicant.

3601.4 The Attorney General, or his or her designee, shall interview every candidate for an attorney position in the Office of the Attorney General.

3601.5 The relevant agency head and the Director, or their designees, shall interview every candidate for an attorney position at a subordinate agency, and the Director shall interview every candidate for an attorney position in the Mayor’s Office of Legal Counsel.

3601.6 Any attorney in a position above LX-1, or in an equivalent position, who is appointed to the Senior Executive Attorney Service by the Attorney General, the Director, or an agency head shall be notified in writing by the Attorney General, the Director, or the agency head, as applicable, that he or she is being appointed to a Senior Executive Attorney Service position.

3601.7 Attorneys shall be appointed to the Legal Service non-competitively, so long as each attorney appointed meets the qualification standards established for the position.

3601.8 Each attorney shall swear or affirm an oath as follows: "I (attorney's name), do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office which I am about to enter."

3601.9 An appointment to a position in the Legal Service may be for full-time employment, intermittent employment, part-time employment, or time-limited employment.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3601

6-B DCMR § 3602 TRANSFERS, STEP INCREASES, AND PROMOTIONS

3602.1 Attorneys employed by the Office of the Attorney General may request voluntary rotation to another unit within the Office of the Attorney General in accordance with rotation procedures established by Office Order of the Attorney General.

3602.2 Attorneys employed by subordinate agencies, including the Mayor’s Office of Legal Counsel, may request voluntary rotation to a position in another agency in accordance with rotation procedures established by the Director of the Mayor’s Office of Legal Counsel. The rotation of an attorney shall be subject to the approval of the agency heads involved and the Director.

3602.3 Changes in assignment of attorneys employed by the Office of the Attorney General may be made by the Attorney General at any time to meet the needs of the Office of the Attorney General.

3602.4 With the consent of the agency head involved, the Director may assign an attorney employed by the Mayor’s Office of Legal Counsel to perform work as or for the General Counsel of a subordinate agency.

3602.5 An attorney may receive a within-grade step increase only if he or she received a rating of “successful,” “excellent,” or “outstanding” for the rating period immediately prior to the due date for a within-grade step increase. Failure to achieve the required rating shall result in the due date for the step increase being delayed for an additional year.

3602.6 All recommendations for promotion to grades LA 14 and above shall be submitted to the Attorney General or the Director, as applicable, once annually at a time and in a manner to be determined respectively by these officials. If the employee has not been supervised by his or her current supervisor for at least ninety (90) days, the input of the employee's prior supervisor shall be sought. An attorney may receive a promotion to a higher grade if the following criteria are met:

The attorney has been at the prior grade level for at least twelve (12) months preceding the recommendation for promotion;

(b) The attorney has demonstrated consistent superior performance, as demonstrated by the two most recent performance evaluations, if available;

(c) The attorney demonstrates specialized expertise or professional distinction; and

(d) The attorney demonstrates satisfactory handling of an increasingly more complex workload.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3602

6-B DCMR § 3603 INDIVIDUAL ACCOUNTABILITY PLANS (LINE ATTORNEYS) AND PERFORMANCE PLANS (ALL OTHER ATTORNEYS)

3603.1 Each supervisor shall prepare annually, at least thirty (30) days prior to the end of the rating period, a draft Individual Accountability Plan for every line attorney under his or her supervision for the following rating period. This requirement may be satisfied by requiring the line attorney supervised to prepare a draft Individual Accountability Plan for the supervisor's approval.

3603.2 Each supervisor shall review the Job Description for every line attorney under his or her supervision annually, at least thirty (30) days prior to the end of the rating period. The supervisor may recommend changes to Job Descriptions to the Attorney General, the Director, or the agency head, as applicable. This requirement may be satisfied by requiring the line attorney supervised to review his or her Job Description and prepare recommended changes for the supervisor's approval.

3603.3 A supervisor is not required to prepare an Individual Accountability Plan or review a Job Description for any line attorney who the supervisor knows is scheduled within six (6) months after the beginning of the following rating period to leave, rotate or transfer from the legal office, or unit within the legal office, to which he or she is assigned.

3603.4 A supervisor shall provide each line attorney with a copy of his or her draft Individual Accountability Plan, along with a copy of his or her draft revised Job Description, upon completion by the supervisor.

3603.5 Each line attorney may provide written comments on the content of his or her draft Individual Accountability Plan and Job Description to the supervisor within fifteen (15) days of receiving them from his or her supervisor.

3603.6 A supervisor shall consider, but need not adopt, the comments made by a line attorney regarding a draft Individual Accountability Plan or Job Description.

3603.7 Each supervisor shall prepare a final Individual Accountability Plan and make final recommendations for changes to the Job Description for each line attorney under his or her supervision by the first day of the rating period. A copy of each shall be transmitted to the Attorney General, the Director, or the agency head, as applicable, for approval.

3603.8 An Individual Accountability Plan shall include, but need not be limited to:

Measurable goals and professional development expectations for the line attorney that parallel specific job duties and responsibilities, work behaviors, or projects within each of the categories listed in (b);

Appropriate performance standards, including but not limited to those from the following list, and the weight to be accorded to each:

Conduct of legal research and writing;

(2) Oral preparation and presentation;

(3) Efficiency, productivity, and work habits;

(4) Professional conduct and effectiveness in working with others;

(5) Office procedures;

(6) Job Knowledge; and

(7) Litigation, transaction and/or counseling skills (as appropriate); and

(c) Training requirements to be provided in-house and non-in-house.

3603.9 Upon approval of the Individual Accountability Plan and revised Job Description by the Attorney General, the Director, or the agency head, the applicable official shall forward the revised Job Description to the relevant personnel authority for final approval.

3603.10 Each supervisor shall provide each line attorney with a copy of his or her final Individual Accountability Plan during the first week of the rating period, and shall provide each line attorney with a copy of his or her revised Job Description as soon as practicable after the personnel authority approves it. The line attorney’s previous job description shall continue to apply until the personnel authority approves any proposed revisions.

3603.11 The supervisor of a line attorney who is newly-hired, rotated, or transferred into the unit between thirty (30) days prior to the end of a rating period and one hundred- twenty (120) days prior to the end of the following rating period, shall provide the line attorney with a final Individual Accountability Plan and Job Description within thirty (30) days after appointment, rotation or transfer. The supervisor of the line attorney may, at his or her option, provide the line attorney with an opportunity to comment on a draft Individual Accountability Plan and a draft Job Description.

3603.12 During the first week of a new rating period, each supervisor shall prepare and submit to the Training Director of the Office of the Attorney General, the Director, or the agency head, as applicable, in a format specified by the Training Director, the Director, or the agency head, a report summarizing any training requirements included in Individual Accountability Plans for line attorneys under his or her supervision. The report shall identify subject-matter areas where training is needed and include suggestions as to the types of programs and courses that could be used to meet those identified training needs. Agency head shall provide the Director with copies of these reports for attorneys employed by their agency.

3603.13 Performance Plans for supervisors and non-supervisory attorneys as described in Sections 3606 and 3607 shall be prepared in accordance with Sections 1406, 1407, 1408, and 1409 of Chapter 14 of the District of Columbia Personnel Regulations.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3603

6-B DCMR § 3604 EVALUATION OF PERFORMANCE - RATING PERIODS, ELIGIBILITY FOR EVALUATION, CRITERIA FOR EVALUATION, AND RATING LEVELS

3604.1 The rating period for line attorneys shall run from September 1st to August 31st. The rating period for all other attorneys covered by these rules (supervisors and the non-supervisory attorneys described in Sections 3606 and 3607 shall run from October 1st to September 30th.

3604.2 Written evaluations shall be based on at least one hundred-twenty (120) days of experience supervising the line attorney evaluated.

Line attorneys who have been employed for fewer than one hundred-twenty (120) days prior to the end of the rating period, shall not be evaluated.

If a line attorney has been employed for at least one hundred-twenty (120) days prior to the end of the rating period, but the supervisor of the line attorney at the time of the evaluation lacks at least one hundred-twenty (120) days of direct experience supervising the line attorney, the supervisor shall evaluate the line attorney based on an advisory evaluation prepared by a former supervisor or any other person, who had at least one hundred-twenty (120) days of direct experience supervising the line attorney during the rating period within the agency. If no such advisory evaluation is available, the line attorney shall not be evaluated.

3604.3 Each evaluation shall assess the line attorney's achievement of the performance standards and specific goals set out in his or her Individual Accountability Plan during the rating period.

Evaluations may, at the discretion of the supervisor, include input from citizens, customers, peers, and others with whom the line attorney had regular professional contact during the rating period.

Beginning with the 2008-2009 rating period, the evaluation of the performance of supervisors and the non-supervisory attorneys described in Sections 3606 and 3607 shall no longer be under the District government’s Performance Management Program (PMP), but instead shall be under the in-house performance evaluation system described in these rules.

Written evaluations of supervisors and non-supervisory attorneys as described in Sections 3606 and 3607 who have been reassigned to a position with different duties and responsibilities within ninety (90) days of the end of the rating period shall be rated not later than thirty (30) days from the effective date of the reassignment. If such an attorney is promoted or demoted during the ninety (90) days prior to the end of the rating period, he or she shall be rated not later than thirty (30) days from the effective date of the promotion or demotion. If such an attorney is reinstated or restored to duty during the ninety (90) days prior to the end of the rating period, he or she shall be rated at the end of the next rating period. If such an attorney transfers to an agency under the Mayor's or the Attorney General’s personnel authority from another personnel authority or is newly appointed during the ninety (90) days prior to the end of the rating period, he or she shall be rated at the end of the next rating period.

Any supervisor or non-supervisory attorney as described in Sections 3606 and 3607 who is reinstated, restored, newly appointed, or transferred shall automatically be considered as having been assigned a rating of “successful,” which shall remain the official rating of record until such time as replaced by another official rating.

3604.8 For line attorneys and non-supervisory attorneys described in Sections 3605 and 3607, each written evaluation shall assign an overall rating to the attorney of “outstanding,” “excellent,” “successful,” “needs improvement,” or “fails expectations.” For all attorneys covered by these rules other than line attorneys and non-supervisory attorneys described in Sections 3605 and 3607, each written evaluation shall assign an overall rating to the attorney of “outstanding,” “successful,” “needs improvement,” or “fails expectations.”

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7649, 7650 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3604

6-B DCMR § 3605 EVALUATION OF PERFORMANCE – LINE ATTORNEYS

3605.1 Each supervisor shall prepare a written evaluation for every line attorney under his or her supervision annually, within twenty (20) days after the end of the rating period. Written evaluations shall be prepared using a form that is jointly approved by the Attorney General and the Director of the Mayor’s Office of Legal Counsel.

3605.2 Each supervisor shall submit evaluations of line attorneys to his or her supervisor for review, comment, or revision. Each supervisor who reviews an evaluation shall complete his or her review within five (5) days of receipt of the evaluation and shall immediately return the draft evaluation to the supervisor who prepared it.

3605.3 The supervisor who prepared the evaluation shall complete any revision requested by his or her supervisor within seven (7) days of receipt of the evaluation.

3605.4 After completion of any revisions under Subsection 3605.3, the evaluation shall be reviewed by every supervisor in the chain of command from the line attorney up to the Attorney General, the Director, or the agency head, as applicable. Each supervisor within the chain of command shall complete his or her review within five (5) days of receipt of the evaluation and forward the evaluation, along with his or her comments for revision, up the chain of command. The final supervisor in the chain of command below the Attorney General, the Director, or the agency head shall, upon completion of his or her review, return the evaluation to the supervisor who prepared it for revision prior to transmittal to the Attorney General, the Director, or the agency head.

3605.5 As soon as practicable after the receipt of the evaluations, the Attorney General, the Director, or the agency head shall complete his or her review. In reviewing evaluations of line attorneys, the Attorney General, the Director, or the agency heard may consult with the supervisor who prepared the evaluation, any person who prepared an advisory evaluation, and the supervisors in the chain of command for the relevant unit.

3605.6 If the Attorney General, the Director, or the agency head decides that an evaluation should be changed, the supervisor who prepared the evaluation shall make all changes that are directed by the Attorney General, the Director, or the agency head within five (5) days of receipt of the Attorney General's, the Director’s or the agency head’s directive.

3605.7 Each supervisor shall review the evaluation with the line attorney evaluated within twenty (20) days of receipt of the approved evaluation from the Attorney General, the Director, or the agency head or within twenty (20) days after completion of any revisions directed by the Attorney General, the Director, or the agency head. Both the line attorney evaluated and his or her supervisor shall sign the written evaluation to confirm that it has been reviewed.

3605.8 If a line attorney disagrees with the written evaluation, he or she may appeal it within thirty (30) days of receipt to the appropriate review committee established by the Attorney General or the Director.

3605.9 The Attorney General and the Director shall each establish a Performance Evaluation Review Committee ("Committee") for line attorneys within their jurisdiction. Line attorneys employed by subordinate agencies and the Mayor’s Office of Legal Counsel are within the Director’s jurisdiction. The Attorney General and the Director shall each appoint nine (9) managing attorneys to their respective Committees, which shall sit in three-member panels as designated by the Attorney General and the Director.

3605.10 The Committees shall be empowered to review the basis for the direct supervisor's rating, conduct a hearing, receive written briefs, and issue a written decision which may approve, modify, or reject the performance rating. The line attorney shall initially provide the Attorney General or the Director (or their designees) with a notice of appeal, including any request for a hearing, within thirty (30) days of receipt of the evaluation. The Committee shall circulate the notice to the line attorney's direct supervisor and to every supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head.

3605.11 The Committees have the discretion to decide whether to grant any request for a hearing. If a request for a hearing is granted, the committee shall circulate a hearing notice to the line attorney and to every supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head, which provides:

The place of the hearing and a hearing date and time no more than fifteen (15) days from the date of the hearing notice;

(b) That the line attorney may review, upon request to his or her direct supervisor, all materials upon which the evaluation is based;

(c) That the line attorney may be represented by an approved attorney, or other representative at the hearing; and

(d) That the line attorney has the right to testify and present evidence at the hearing.

3605.12 The hearing shall be closed except for the line attorney, his or her representative, the line attorney's direct supervisor, and every supervisor in the chain of command between the direct supervisor and the Attorney General, the Director, or the agency head. There shall be no discovery procedures except as provided in this section. An official record shall be kept of the hearing. The Committee may hold a pre-hearing conference in order to:

Formulate and simplify the issues, including the elimination of frivolous claims or defenses;

(b) Obtain admissions of fact and of documents that will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings on the admissibility of evidence;

(c) Obtain identification of all witnesses and documents, which identification shall be binding at the hearing, except as, in the discretion of the committee, the interests of justice warrant the addition of witnesses and documents at the hearing;

(d) Achieve settlement of the dispute;

(e) Dispose of any pending motions;

(f) Set reasonable limits on the time allowed for presenting evidence;

(g) Establish a post-hearing briefing schedule, which may permit written briefs or other documents to be filed by the line attorney, the line attorney's direct supervisor, and each supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head; and

(h) Address such other matters as may facilitate the just and efficient disposition of the matter.

3605.13 If the Committee decides, in its discretion, to reject any request for a hearing, in whole or in part, it shall so advise the line attorney, the attorney's direct supervisor, and each supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head. The Committee shall circulate a notice that schedules the filing of written briefs or other documents to the line attorney, the line attorney's direct supervisor, and each supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head. The Committee may schedule a meeting with the line attorney, the line attorney's direct supervisor, and each supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head in order to address the matters raised in the appeal.

3605.14 The Committee shall provide the line attorney, the line attorney's direct supervisor, and every supervisor in the chain of command between the line attorney and the Attorney General, the Director, or the agency head with a final written administrative decision within thirty (30) days of the conclusion of the appeal proceeding. The final written administrative decision shall be accompanied by notice of the right to appeal the decision to the Attorney General, the Director, or the agency head within thirty (30) days of receipt of the decision by the line attorney.

3605.15 The Attorney General, the Director, or the agency head shall circulate the line attorney’s notice of appeal to the line attorney’s direct supervisor and to every supervisor in the chain of command between the direct supervisor and the Attorney General, the Director, or the agency head.

3605.16 The Attorney General, the Director, or the agency head shall review the basis for the three-person committee's decision de novo, without taking any additional evidence. As part of this review, the Attorney General, the Director, or the agency head may permit written appellate briefs to be filed in accordance with a schedule established by the Attorney General, the Director, or the agency head. No oral arguments shall be permitted. The Attorney General, the Director or the agency head may, in the exercise of his or her discretion, hold a pre-briefing conference for the purposes, among others, of formulating and simplifying the issues, disposing of any pending motions, attempting to settle the dispute, establishing a schedule for the filing of written briefs or other documents, and addressing such other matters as may facilitate the just and efficient disposition of the appeal.

3605.17 The Attorney General, the Director, or the agency head shall provide the line attorney, the line attorney's direct supervisor, and every supervisor in the chain of command between the direct supervisor and the Attorney General, the Director, or the agency head with a final written administrative decision within a reasonable time after the final brief is filed. The Attorney General's, the Director’s, or the agency head’s decision shall be final and no further appeal shall be allowed.

3605.18 Each supervisor shall perform at least one (1) interim evaluation of every attorney under his or her supervision annually, in the ninth (9th) month of the rating period. An interim evaluation shall consist of an informal meeting to discuss the line attorney’s performance under his or her Individual Accountability Plan. At his or her discretion, a supervisor may provide a written interim evaluation. Any written interim evaluation shall be provided to the attorney evaluated, but shall not be included in the attorney’s official personnel file unless the supervisor rates the attorney as “needs improvement” or lower. At his or her discretion, or at the request of the Attorney General, Director, or agency head, a supervisor may perform interim evaluations no more frequently than once every three (3) months during the rating period. Interim evaluations rating a line attorney as “needs improvement” or lower may be changed by mutual agreement or by the filing of an appeal as provided in this section.

3605.19 Appeals from evaluations of line attorneys prepared for the rating period ending on August 31, 2014 shall be reviewed by the Attorney General and the Committee established by the Attorney General notwithstanding the attorney’s transfer to a different agency prior to the conclusion of the review and appeal process.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 51 DCR 1431 (February 6, 2004); as amended by Final Rulemaking published at 52 DCR 11244 (December 30, 2005); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7649, 7650 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3605

6-B DCMR § 3606 EVALUATION OF PERFORMANCE – SUPERVISORS

3606.1 Each supervisor in the Legal Service below the level of Chief Deputy Attorney General, Director of the Mayor’s Office of Legal Counsel, or agency head shall prepare a written evaluation for every supervisor reporting directly to him or her annually, within ten (10) days after the end of the rating period. Written evaluations shall be prepared using a form that is jointly approved by the Attorney General and the Director of the Mayor’s Office of Legal Counsel.

3606.2 The Chief Deputy shall evaluate any Special or Senior Counsel that reports to him or her in accordance with this section.

3606.3 The supervisor shall review evaluations with supervisors evaluated within fourteen (14) days of completion. As a result of this meeting, the evaluation may be changed by mutual agreement. Both the supervisor evaluated and his or her immediate supervisor shall sign the evaluation to confirm that it has been reviewed.

If no mutual agreement to change the evaluation of a supervisor is reached, the supervisor evaluated may prepare a statement of written objections within five (5) days of the meeting and forward the evaluation and written objections to the Chief Deputy, the Director, or the agency head, as applicable, with a copy to every supervisor in the chain of command up to the Chief Deputy, the Director, or the agency head.

3606.5 If the attorney evaluated is a Deputy or a Special or Senior Counsel to the Chief Deputy, the Chief Deputy shall immediately forward the evaluation and the written objections to the Attorney General.

3606.6 In reviewing written objections of a supervisor, the Chief Deputy, the Director, or the agency head may consult with the supervisor evaluated and the supervisor who prepared the evaluation. The Chief Deputy, the Director, or the agency head shall complete his or her review within five (5) days of the receipt of the objections, and shall direct the supervisor who prepared the evaluation to make any changes based on that review.

3606.7 The supervisor evaluated or the supervisor who prepared the evaluation may submit a written appeal from the decision of the Chief Deputy, the Director, or the agency head to the Attorney General, or the Director, within five (5) days of receipt of the Chief Deputy's, the Director’s, or the agency head’s decision. Review by the Director of an evaluation the Director completed for a supervisor in the Mayor’s Office of Legal Counsel shall take the form of a reconsideration.

3606.8 The Attorney General or the Director may consult with the supervisor evaluated, the supervisor who prepared the evaluation, and any supervisor in the chain of command between the supervisor evaluated and the Attorney General or Director before making a decision. The decision of the Attorney General or Director shall be in writing and circulated among the supervisors in the chain of command for the supervisor evaluated within five (5) days of receipt of the appeal.

3606.9 The supervisor who prepared the evaluation shall revise the evaluation as necessary in accordance with the Attorney General's or Director’s decision.

3606.10 The decision of the Attorney General or Director shall be final, and shall not be subject to further appeal.

3606.11 Each supervisor shall perform at least one interim evaluation of every supervisor under his or her supervision annually, in the ninth (9th) month of the rating period. An interim evaluation shall consist of an informal meeting to discuss the attorney's performance under his or her Performance Plan. At his or her discretion, a supervisor may provide a written interim evaluation. Any written interim evaluation shall be provided to the attorney evaluated, but shall not be included in the attorney's official personnel file.

3606.12 Any supervisor who fails to meet any deadline as described in this section may be subject to disciplinary action in accordance with Section 3614.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3606

6-B DCMR § 3607 EVALUATION OF PERFORMANCE - CHIEF DEPUTY, GENERAL COUNSEL, SPECIAL DEPUTY, SPECIAL COUNSEL, AND SENIOR COUNSEL

3607.1 The Attorney General shall prepare a written evaluation of the Chief Deputy Attorney General, each Special Deputy Attorney General, each Special Counsel to the Attorney General, each Senior Counsel to the Attorney General, and any other attorney who reports directly to the Attorney General annually, within thirty (30) days after the end of the rating period.

3607.2 The head of each subordinate agency shall, in consultation with the Director of the Mayor’s Office of Legal Counsel, prepare a written evaluation of the General Counsel and any attorney who reports directly to the agency head annually, within thirty (30) days after the end of the rating period.

3607.3 The Director shall prepare a written evaluation of each supervisor or other attorney who reports directly to the Director annually, within thirty (30) days after the end of the rating period.

3607.4 Written evaluations shall be prepared using a form that is jointly approved by the Attorney General and the Director.

3607.5 The Attorney General, the Director, and the agency heads shall review evaluations with attorneys evaluated within fourteen (14) days of completion. As a result of this meeting, the evaluation may be changed by mutual agreement and made final within five (5) days. Both the attorney evaluated and the Attorney General, the Director, or the agency head shall sign the evaluation to confirm that it has been reviewed.

3607.6 The Attorney General, the Director, or the agency head shall perform at least one interim evaluation of every attorney who reports directly to the Attorney General, the Director, or the agency head annually, in the ninth month of the rating period. An interim evaluation shall consist of an informal meeting to discuss the attorney's performance under his or her Performance Plan. At his or her discretion, the Attorney General, the Director, or the agency head may provide a written interim evaluation. Any written interim evaluation shall be provided to the attorney evaluated, but shall not be included in the attorney's official personnel file.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3607

6-B DCMR § 3608 EVALUATION OF PERFORMANCE - NON-DELEGATED SUBORDINATE [REPEALED]

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3608

6-B DCMR § 3609 PERFORMANCE IMPROVEMENT PLANS

3609.1 Each attorney, other than attorneys in Senior Executive Attorney Service positions, assigned an overall rating of “needs improvement” in an annual or interim evaluation shall be provided with a Performance Improvement Plan, on a form jointly approved by the Attorney General and the Director of the Mayor’s Office of Legal Counsel.

3609.2 The Performance Improvement Plan shall identify specific areas where improvement is needed in performing the attorney’s work in a manner that meets the expectations of an attorney in that grade. Each line attorney who receives either a “needs improvement” rating in any performance element or overall or a “fails expectations” rating in any performance element shall be provided with such a Performance Improvement Plan. Each line attorney who receives a “fails expectations” rating overall shall be provided with an advance written notice of proposed removal under Section 3614 of this chapter.

3609.3 The Performance Improvement Plan shall be prepared by the supervisor and shall be provided to the attorney within thirty (30) days of his or her receipt of the evaluation. A copy of all Performance Improvement Plans shall be provided to the Attorney General, the Director, or the agency head and the Director, as applicable.

3609.4 A Performance Improvement Plan shall:

Identify performance standards where the attorney fails to meet job requirements;

(b) Outline specific action steps that are necessary for the attorney to improve in the deficient area(s), including training if applicable and available;

(c) Identify measures that the supervisor will use to determine whether action steps have been successfully completed, and whether performance has improved;

(d) Provide for monitoring of attorney progress as needed; and

(e) Include a time by which each action item shall be completed.

3609.5 After the Performance Improvement Plan is developed and forwarded to an attorney, he or she shall be given at least three (3) months to demonstrate improvement.

3609.6 Attorney performance under the Performance Improvement Plan shall be an additional basis for evaluation at any interim evaluation and the annual written evaluation.

3609.7 Each supervisor shall prepare and submit to the Training Director of the Office of the Attorney General, the Director, or the agency head and the Director, as applicable, a report summarizing any training requirements included in Performance Improvement Plans for attorneys under his or her supervision. This report shall be submitted at the same time that the Performance Improvement Plan is provided to the affected attorney. The report shall identify subject-matter areas where training is needed and include suggestions as to the types of programs and courses that could be used to meet those identified training needs.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7649, 7651 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3609

6-B DCMR § 3610 ANNUAL MANDATORY TRAINING – GENERALLY

3610.1 The Attorney General shall establish and administer an annual mandatory program of continuing legal education for attorneys in the Legal Service who are employed by the Office of the Attorney General.

3610.2 The Attorney General shall establish and administer an annual mandatory program of training to maintain and enhance the management supervisory skills of Legal Service supervisory attorneys employed in the Office of the Attorney General.

3610.3 The Director of the Mayor’s Office of Legal Counsel shall establish and administer annual mandatory training programs comparable to those required under §§ 3610.1 and 3610.2, for Legal Service attorneys and supervisors in the Mayor’s Office of Legal Counsel and the subordinate agencies.

3610.4 Training programs offered by the Office of the Attorney General shall, to the extent practicable, be made available with no charge to Legal Service attorneys employed by the Mayor’s Office of Legal Counsel and the subordinate agencies. Likewise, training programs offered by the Mayor’s Office of Legal Counsel for attorneys employed by that office and the subordinate agencies shall, to the extent practicable, be made available with no charge to attorneys in the Office of the Attorney General.

3610.5 The Attorney General shall designate a Training Director to oversee, arrange, and approve mandatory training programs and requirements for attorneys in the Office of the Attorney General.

3610.6 Any decision of the Training Director is subject to direction and review by the Attorney General or the Attorney General's designee.

3610.7 Annual mandatory training requirements shall be completed during each rating period.

3610.8 Any attorney for whom compliance with any of the training requirements of this chapter is inordinately difficult due to a severe, prolonged illness, a disability, or other good cause, may seek a waiver from mandatory training requirements. An attorney may do so by submitting a request to the Training Director for attorneys employed by the Office of the Attorney General or to the Director for attorneys employed by the Mayor’s Office of Legal Counsel or the subordinate agencies, as applicable. The request for a waiver shall include any appropriate or required supporting material or documentation.

3610.9 A waiver request shall be promptly submitted when the grounds for the waiver request become known to the attorney. Failure to request a waiver in a timely manner may be considered by the Training Director or the Director in determining whether to grant a waiver.

3610.10 A waiver shall be valid for a specific time period granted by the Training Director or the Director not to exceed one year, unless renewed or extended.

3610.11 Failure to comply with the training requirements of this chapter during a rating period, without receiving a waiver, shall be considered by a supervisor in evaluating an attorney and setting the overall rating.

3610.12 All training requests for credit to satisfy mandatory requirements shall be submitted to the Training Director or the Director, as applicable, for authorization and approval before participation in any in-house or other training.

3610.13 A credit hour shall be equivalent to sixty (60) minutes of instruction.

3610.14 The Training Director and Director, as applicable, shall issue written procedures with respect to making requests for training, obtaining prior approval of training, and other requirements.

3610.15 When an attorney fails to complete training for which the District has incurred an expense, the expenses incurred shall be repaid to the District by the attorney if the Training Director or Director determines that the attorney unjustifiably failed to complete the training.

3610.16 Attorneys in the Legal Service who are newly-appointed within one hundred-twenty (120) days of the end of a rating period shall not be required to complete any training during that rating period. Any attorney in the Legal Service who is newly-appointed more than one hundred-twenty (120) days prior to the end of the rating period, shall be required to complete a pro rata portion of the training requirements for the rating year in which he or she is appointed.

3610.17 Attorneys shall evaluate training programs attended on forms provided for such purpose.

3610.18 The Training Director and the Director shall maintain records of payments made for travel, tuition, and fees, and other necessary expenses of training. The official record of such expenses for the Office of the Attorney General shall be the record kept by the Financial Officer for the Office of the Attorney General.

3610.19 An attorney assigned to full-time training shall be counted as being in full pay status, up to a maximum of eight (8) hours a day or forty (40) hours a week.

3610.20 An attorney assigned to training on less than a full-time basis shall be counted as being in pay status the same number of hours spent in instruction plus necessary travel time.

3610.21 An attorney selected for non-mandatory training in a non-District facility shall agree in writing to continue in the service of the subordinate agency after the end of the training for a period of time at least equal to the length of the training period.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3610

6-B DCMR § 3611 MANDATORY CONTINUING LEGAL EDUCATION

3611.1 Subject to the availability of in-house or other training approved and paid for by the District, each attorney shall complete at least twelve (12) credit hours of legal education during each rating period.

3611.2 At least three (3) hours of the twelve (12) required credit hours of legal education shall be instruction in ethics, to the extent training is available.

3611.3 Attorneys with less than three (3) years in the Legal Service shall fulfill the ethics requirement solely by attendance at courses devoted to instruction in ethics.

3611.4 Subject to the approval of the Training Director or the Director of the Mayor’s Office of Legal Counsel, attorneys with more than three (3) years in the Legal Service may fulfill the ethics requirement by attending courses addressing other subjects of the law if a specific ethical component is included that is related to the substance of the instruction involved.

3611.5 Other substantive course requirements, including the subject matter of courses and the hours of required instruction, shall be determined, arranged, and approved by the Training Director and the Director.

3611.6 In addition to in-house training programs and training programs offered by outside providers, the following activities within the rating period may, pursuant to guidelines adopted by the Training Director and the Director, be pre-approved to qualify for credit for continuing legal education:

Providing instruction in a legal education program;

(b) Publication of an original work on a legal topic in a recognized legal periodical or by a legal publishing house;

(c) Self-study (for example, formal showings of audio and video tapes produced by an accredited sponsor of legal programs);

(d) Attendance at or audit of a law school class(es);

(e) Courses for self-improvement in civility, human relations, stress and time management; or

(f) Participation in meetings and conferences with a legal training component.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3611

6-B DCMR § 3612 MANDATORY MANAGEMENT TRAINING

3612.1 Subject to the availability of in-house or other training that is provided by and paid for by the District, supervisors in the Legal Service shall complete at least twelve (12) hours of management training during each rating period. In addition to this requirement, the Attorney General and the Director of the Mayor’s Office of Legal Counsel may make any additional training mandatory for a supervisor, if it is provided by and paid for by the District.

3612.2 Subject to the availability of in-house or other training that is provided by and paid for by the District, attorneys appointed as supervisors on or after the effective date of this chapter shall attend a program of forty (40) hours of basic District government supervisory skills training within one hundred-sixty (160) days of appointment to a supervisory position.

3612.3 In addition to in-house management training programs or management training programs offered by outside providers, the following activities within the rating period may, pursuant to guidelines adopted by the Training Director and the Director, be pre-approved to qualify for credit toward annual management training requirements for attorneys:

Providing instruction in a management program;

(b) Publication of an original work related to management issues, in a recognized business periodical or by a known publishing house; or

(c) Participation in meetings and conferences with a management training component.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3612

6-B DCMR § 3613 [RESERVED]

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3613

6-B DCMR § 3614 DISCIPLINE

3614.1 An attorney appointed to the Legal Service, other than an attorney in a Senior Executive Attorney Service position, shall be disciplined in accordance with this section.

3614.2 An attorney appointed to a Senior Executive Attorney Service position shall be subject to discipline or termination at-will. If a termination is not for delinquency or misconduct, the Attorney General or the Director of the Mayor’s Office of Legal Counsel may recommend appointment to another available position in the Legal Service.

3614.3 An attorney, other than an attorney in a Senior Executive Attorney Service position, shall be subject to discipline or termination for unacceptable performance or for any other reason that is not arbitrary or capricious.

3614.4 Discipline may include reprimand, suspension (with or without pay), reduction of grade or step, and removal.

3614.5 An attorney, other than an attorney in a Senior Executive Attorney Service position, shall be provided at least a ten (10) day written notice prior to the imposition of discipline against him or her. The notice shall contain all of the following:

The reasons for the disciplinary action;

(b) The discipline to be imposed; and

(c) A statement that the stated discipline shall be imposed in ten (10) days from the date of the notice unless the attorney responds in writing to the Attorney General, the Director, or the agency head, as applicable, within ten (10) days of receiving the notice, and that the response may include a request for a hearing.

3614.6 If the attorney submits a response as provided in Subsection 3614.5(c), the Attorney General, the Director, or the agency head, as applicable, may, within ten (10) days of receipt of the attorney's response, grant a hearing on the matter. The hearing notice shall provide:

The place of the hearing and a hearing date and time not less than fifteen (15) nor more than thirty (30) days from the date of the hearing notice;

That the attorney may review, upon request to his or her supervisor, all materials upon which the disciplinary action is based, including, but not limited to statements of witnesses, documents, and reports of investigations or extracts therefrom;

That the attorney may be represented by an approved attorney, or other representative, at the hearing; and

(d) That the attorney has the right to present evidence at the hearing, including written statements of witnesses, affidavits, or both.

3614.7 A hearing pursuant to Subsection 3614.6 may be held before the Attorney General, the Director, or the agency head, as applicable, or their designees and shall be closed except for the attorney, his or her representative, and the supervisor who issued the disciplinary action notice. There shall be no discovery procedures except as provided in this section. An official record shall be kept of the hearing.

3614.8 The Attorney General, the Director, or the agency head, as applicable shall provide the attorney with a final written administrative decision within fifteen (15) days of the hearing date, or within fifteen (15) days of receipt of the attorney's response under Subsection 3614.5(c) if no hearing is held. The agency head shall consult with the Director in reaching a final decision.

3614.9 The decision of the Attorney General shall be final with respect to attorneys employed by the Office of the Attorney General. The final decision of the Mayor’s Office of Legal Counsel or subordinate agency head shall be accompanied by notice of the right to appeal the decision to the Mayor within five (5) days of receipt of the decision. The decision of the Mayor issued in response to such an appeal shall be final.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3614

6-B DCMR § 3615 SEPARATION PAY

3615.1 An attorney in a Senior Executive Attorney Service position who is involuntarily discharged shall be paid separation pay upon separation for non-disciplinary reasons based on length of service as a Series 905 attorney in the District government as follows:

4 weeks of separation pay for persons with 1-5 years of service;

8 weeks of separation pay for persons with 6-14 years of service; or

(c) 12 weeks of separation pay for persons with more than 15 years of service.

3615.2 The number of weeks of separation pay authorized pursuant to this section shall not exceed the number of weeks between the individual's separation and the individual's appointment to another position in the District government. An individual who receives separation pay pursuant to this section, and who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, shall be required to repay the amount of separation pay attributable to the period covered by such appointment. The pro-rated amount to be repaid shall be based on the entire amount of the separation pay, including all required deductions for taxes, and shall be paid to the agency that made the separation pay.

3615.3 Separation pay shall be provided at the time of separation as a lump sum, one-time payment, subject only to the withholdings of federal, District of Columbia, and State income taxes, and social security taxes, if applicable.

3615.4 When a determination is made that a Senior Executive Attorney is not entitled to receive separation pay because the employee's separation is for disciplinary reasons, the Attorney General or the Director of the Mayor’s Office of Legal Counsel, as applicable, shall provide the employee with a written notice within thirty (30) days of termination containing all of the following:

Notification that the employee is not entitled to separation pay;

The reasons for the determination that the employee is not entitled to separation pay; and

(c) A statement that the decision shall be final in five (5) days from the date of the notice unless the employee responds to it, in writing, within five (5) days of receiving the notice.

3615.5 If the employee submits a response as provided in Subsection 3615.4(c), the Attorney General or the Director shall issue a final administrative decision to the employee. If the final administrative decision grants severance pay, this decision shall not reverse the employee's termination.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3615

6-B DCMR § 3616 REDUCTIONS IN FORCE

3616.1 In the case of line attorneys and of supervisors and the non-supervisory attorneys described in Sections 3606 and 3607 who do not occupy a Senior Executive Attorney service position, reductions in force shall be governed by the provisions of Chapter 24 of the Personnel Regulations, except that references to Chapter 16 in Chapter 24 shall be read as a reference to Section 3614 of these rules.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3616

6-B DCMR § 3617 [RESERVED]

History

• SOURCE: Final Rulemaking published at 50 DCR 10569 (December 12, 2003); as amended by Final Rulemaking published at 51 DCR 10431 (November 12, 2004); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3617

6-B DCMR § 3618 ATTORNEY GOOD STANDING IN THE D.C. BAR REQUIREMENT

3618.1 The provisions of this section shall be applicable to each attorney appointed to the Legal Service who is employed by the Office of the Attorney General, the Mayor’s Office of Legal Counsel, or a subordinate agency and who is required to be a member of the District of Columbia Bar as a prerequisite of employment. This section is also applicable to an individual who is a member in good standing of the bar of another jurisdiction and who has filed a timely application for admission to the District of Columbia Bar.

3618.2 An appointee to a Legal Service position shall remain a member in good standing of the District of Columbia Bar during his or her employment in the Legal Service. An appointee who is a member in good standing of the bar of another state or territory and who has filed an application with the D.C. Court of Appeals for admission to the District of Columbia Bar shall present a certificate of good standing to the Office of the Attorney General, the Director of the Mayor’s Office of Legal Counsel, or the agency head, as applicable, upon notification of his or her admission to the District of Columbia Bar, within five (5) business days of such notification, and such admission shall occur within three hundred sixty (360) days of the appointee's initial employment as an attorney by the District government. The appointee shall thereafter remain a member in good standing of the District of Columbia Bar.

3618.3 An appointee to a Legal Service position shall notify the Attorney General, the Director, or the agency head, as applicable immediately of any sanction proposed by the D.C. Office of Bar Counsel, any hearing regarding any proposed disciplinary action, or any disciplinary action taken by the D.C. Court of Appeals against that attorney.

3618.4 An appointee to a Legal Service position who is suspended from practice by the D.C. Court of Appeals shall not remain in an attorney position during the suspension period. The Attorney General, the Director, or the agency head may, at his or her discretion, request the re-assignment of such an appointee to a non-attorney position in the Office of the Attorney General or another agency.

3618.5 An appointee to a Legal Service position shall not be compensated for services provided pursuant to the appointee's employment as an attorney unless such an individual is duly licensed and authorized to practice as an attorney under the law of the District of Columbia. This prohibition shall not apply to an appointee who is a member in good standing of the bar of another state or territory who has filed an application with the D.C. Court of Appeals for admission to the District of Columbia Bar and such admission has occurred within three hundred sixty (360) days of the appointee's initial employment as an attorney by the District government.

History

• SOURCE: Final Rulemaking published at 53 DCR 4283 (May 26, 2006); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3618

6-B DCMR § 3699 DEFINITIONS

3699.1 In this chapter, the following terms shall have the following meanings:

Act – The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-610.51 et seq. (2012 Repl.)), as amended by the Legal Service Establishment Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code §§ 1-601.01, et seq. (2012 Repl.)); as amended by both the Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)), and the Legal Service Amendment Act of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 DCR 7503 (August 12, 2005)); as amended by the Elected Attorney General Implementation and Legal Service Establishment Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-60; 60 DCR 15487 (November 8, 2013)); and as amended by any subsequent laws.

Administrative hearing officer – A person whose duties, in whole or in substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutorial or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Administrative law judge – A person whose duties, in whole or in substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutorial or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Attorney – Any position that is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or an administrative hearing officer.

Attorney General for the District of Columbia – The chief legal officer of the District Government, elected by the voters to head the Office of the Attorney General for the District of Columbia and to conduct all law business of the District Government.

Calendar year – The period of time beginning with the first full pay period in January through the beginning of the first full pay period in January of the following year as determined by the Office of Personnel.

Chain of command – The order of authority of positions within the Office of the Attorney General for the District of Columbia, the Mayor’s Office of Legal Counsel, and the offices of the General Counsels for subordinate agencies employing attorneys in the Legal Service.

Chief Deputy – An official, designated by the Attorney General for the District of Columbia, who is the highest-ranking official in the chain of command in the Office of the Attorney General for the District of Columbia other than the Attorney General.

Competencies – Behaviors demonstrated on the job by supervisors described in Sections 3606 and 3607 of these rules as follows: Program Management; Staff Supervision; Performance Management; Work Productivity; Communication; Customer Service; and Regulations Adherence. These behaviors shall have the meaning established by the Attorney General for the District of Columbia and the Director of the Mayor’s Office of Legal Counsel.

Days – Calendar days.

Director – The Director of the Mayor’s Office of Legal Counsel.

Equivalent position – Any attorney position at any grade in which the attorney performs work or has responsibilities that are substantially similar to the work or responsibilities of any Legal Service position that is classified at LX-2 or above.

Excellent (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is clearly above the generally expected performance level for attorneys of comparable experience. Quality of work is consistently very good. The attorney’s development is progressing rapidly and continued growth is anticipated. An attorney will receive an overall rating of “excellent” when seventy-five percent (75%) or more of weighted categories fall within the “excellent” level without a “fails expectations” or “needs improvement” rating in any element.

Fails expectations (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is significantly below the generally expected performance level for attorneys of comparable experience. Considerable weaknesses exist in substantive or other areas. An attorney will receive an overall rating of “fails expectations” when fifteen percent (15%) or more of weighted categories fall within the “fails expectations” level.

Fails expectations (supervisors under Section 3606 of these rules) –Performance is significantly below the generally expected performance level of supervisors of comparable experience. There are considerable weaknesses in substantive or other areas. The overall rating of “fails expectations” results from application of the formula, Overall Performance Rating = Sum of all Competency Ratings (each competency weighed equally)/Number of Competencies, where the total figure derived on the right side of this formula is in the range “1.0-1.7”.

Legal Service – The service established pursuant to Title VIII-B of the Act, to include every attorney employed by the Office of the Attorney General for the District of Columbia or a non-exempt subordinate agency or independent agency in a Series 905 position.

Line attorney – Any attorney who is not a supervisor, excluding attorneys who report directly to the Attorney General for the District of Columbia, or the Chief Deputy Attorney General, or a subordinate agency head.

Mayor’s Office of Legal Counsel – The Office established under Section 101 of the Elected Attorney General Implementation and Legal Service Establishment Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-60; D.C. Official Code § 1-608.51a), to, among other things, coordinate administrative and other activities related to Legal Service attorneys in subordinate agencies.

Needs improvement (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is below the generally expected performance level for attorneys of comparable experience and requires more supervision and follow-up than is expected. Quality of work is inconsistent and/or improvement is necessary in substantive or other areas. An attorney will receive an overall “needs improvement” rating when fifteen percent (15%) or more of weighted categories fall within the “needs improvement” level.

Needs improvement (supervisors only under Section 3606 of these rules) – Performance is below the generally expected performance level for supervisors of comparable experience and requires more follow-up than is expected. Quality of work is inconsistent and/or improvement is necessary in substantive or other areas. Two (2) points are awarded to both each competency and each S.M.A.R.T. goal rated as “needs improvement.” The overall rating of “needs improvement” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T. Goals x .6), where the total figure derived on the right side of this formula is in the range “1.8-2.8”.

Outstanding (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance consistently exceeds highest expectations by a wide margin. This rating is reserved for truly exceptional individuals who are significantly above the generally expected performance level for attorneys of comparable experience. An attorney will receive an overall “outstanding” rating when eighty percent (80%) or more of the weighted categories fall within the “outstanding” level.

Outstanding (supervisors under Section 3606 of these rules) – Performance consistently exceeds highest expectations by a wide margin. This rating is reserved for truly exceptional individuals who are significantly above the generally expected performance level for supervisors of comparable experience. Four (4) points are awarded to both each competency and each S.M.A.R.T. goal rated as “outstanding.” The overall rating of “outstanding” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T. Goals x .6), where the total figure derived on the right side of this formula is in the range “3.6-4.0”.

Performance Management Program (PMP) – The systematic process by which an agency involves its employees, as individuals and members of a group, in improving performance in the accomplishment of agency mission and goals, as set out in Chapter 14 of the District of Columbia Personnel Regulations, which was in effect for attorney-supervisors and non-supervisory attorneys under Sections 3606 and 3607 of these rules for the 2002-2003 through the 2007-2008 rating periods.

Rating period – September 1st to August 31st for line attorneys under Section 3605 of these rules, and October 1st to September 30th for all other attorneys covered by these rules.

Senior Executive Attorney Service position – (A) Any attorney position that is classified above LA-15 or LX-1, or an equivalent position, and in which the employee: (i) directs the work of an organizational unit; (ii) is held accountable for the success of one or more specific programs or projects; (iii) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals; (iv) supervises the work of employees other than personal assistants; (v) performs important legal policy-making or policy-determining functions; or (vi) provides significant leadership in legal counseling or in the trial of cases; or (B) Any attorney who is a Chief Deputy Attorney General, Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, Special Counsel to the Attorney General, any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or (C) Any attorney who is a General Counsel employed by a subordinate agency.

S.M.A.R.T. goals – Specific, measurable, attainable, realistic, and time-related goals that are established annually for a supervisory or other non-line attorney either by the Attorney General for the District of Columbia, the Director, an agency head, or another high-level supervisor.

Subordinate agency – An agency under the direct administrative control of the Mayor.

Successful (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance generally meets and occasionally exceeds the level expected for attorneys of comparable experience without the need for ongoing supervision. The attorney produces quality work. An attorney will receive an overall “successful” rating when sixty percent (60%) or more of weighted categories fall within the “successful” level without a “fails expectations” rating in any element.

Successful (supervisors only under Section 3606 of these rules) – Performance generally meets and occasionally exceeds the level expected for supervisors of comparable experience without the need for ongoing supervision. The supervisor produces quality work. Three (3) points are awarded to both each competency and each S.M.A.R.T. goal rated as “successful.” The overall rating of “successful” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T Goals x .6), where the total figure derived on the right side of this formula is in the range “2.9-3.5”.

Supervisor – A person who 1) possesses the authority to recommend the hiring, promotion, transfer, discipline, or discharge of a subordinate attorney; 2) has the authority to direct, as well as assign work to a subordinate attorney; and 3) is responsible for the review of work, approval of leave, and evaluation of job performance of subordinate attorneys.

Training Director – The person designated by the Attorney General for the District of Columbia to oversee, arrange, and approve training, or an equivalent officer assigned by the Attorney General to supervise training.

Unit – The portion of an organization composed of all the attorneys under the direct supervision of a single supervisor.

History

• SOURCE: Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7649, 7651 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3699

6-B37 APPOINTMENT, REAPPOINTMENT, DISCIPLINE AND REMOVAL OF ADMINISTRATIVE LAW JUDGES BY THE COMMISSION ON SELECTION AND TENURE OF ADMINISTRATIVE LAW JUDGES

6-B DCMR § 3700 SCOPE OF THIS CHAPTER

3700.1 This Chapter establishes standards and procedures for the appointment, reappointment, discipline, removal and qualifications of Administrative Law Judges in the Office of Administrative Hearings who hold office pursuant to section 11 of the Act, D.C. Official Code § 2-1831.09.

3700.2 This Chapter does not apply to the appointment, reappointment, discipline or removal of a Chief Administrative Law Judge or to a Chief Administrative Law Judge's assumption of a position as a Senior Administrative Law Judge pursuant to sections 7(d) and 7(e) of the Act (D.C. Official Code § 2-1831.05(d) and (e)). In accordance with section 7(e) of the Act, this Chapter does apply to the reappointment of any Senior Administrative Law Judge to any subsequent ten- year term and to the discipline or removal of any Senior Administrative Law Judge at any time.

3700.3 This Chapter does not apply to the appointment, reappointment, discipline or removal of any employee of the Office other than those set forth in sections 3700.1 and 3700.2.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3701 APPOINTMENT OF PERSONS OTHER THAN HEARING OFFICERS TO AN INITIAL TWO-YEAR TERM AS ADMINISTRATIVE LAW JUDGES

3701.1 Administrative Law Judges, other than hearing officers seeking an appointment authorized by section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)), shall be appointed to an initial two-year term in the manner prescribed in this section.

3701.2 The Commission shall have final authority to appoint Administrative Law Judges to an initial two-year term, pursuant to sections 9(b) and 11(c) of the Act (D.C. Official Code §§ 2-1831.06(b) and 2-1831.08 (c)).

3701.3 The Commission shall not appoint any person as an Administrative Law Judge who does not satisfy the qualifications prescribed in section 3703 or other applicable law.

3701.4 All vacant Administrative Law Judge positions shall be advertised in a portion of a daily or weekly periodical that is likely to be seen by highly qualified public and private sector attorneys in the District of Columbia who are seeking or considering positions as attorneys or Administrative Law Judges in the District of Columbia Government, except for:

(a) Positions to be filled by persons covered by section 11(e) of the Act, (D.C. Official Code § 2-1831.08(e)); and

(b) Positions open only to Administrative Law Judges already appointed pursuant to this Chapter.

3701.5 In considering appointments subject to this section, the Commission may be assisted by an initial review panel appointed in conformity with sections 3701.7 to 3701.16. Any initial review panel shall follow the procedures set forth in sections 3701.17 to 3701.24, and, if it uses an initial review panel, the Commission shall follow the procedures set forth in sections 3701.25 to 3701.26. Alternatively, the Commission may proceed in any other manner consistent with the Due Process Clause of the Fifth Amendment to the United States Constitution, but all appointments must be approved by a majority of the voting members of the Commission.

3701.6 Neither the Commission nor any initial review panel shall discriminate in any manner prohibited by the Constitution or by federal or District of Columbia law.

3701.7 An initial review panel shall consist of at least five and no more than seven members.

3701.8 The Chief Administrative Law Judge shall be a member of every initial review panel, or may designate an Administrative Law Judge to act for him or her on any initial review panel.

3701.9 Upon request, any member of the Commission may be a member of an initial review panel.

3701.10 Other members of an initial review panel may be Administrative Law Judges, members of the District of Columbia Bar who are familiar with trial-level litigation (including members in private practice, in government service or in teaching positions), non-lawyer members of the public experienced, in issues likely to come before the Office, and non-lawyer senior management officials of agencies whose cases are adjudicated by the Office.

3701.11 No person may serve as a member of an initial review panel if he or she is personally representing a party in any matter pending before the Office. In addition, any person who serves on an initial review panel may not appear as an attorney or otherwise participate in any professional or representative capacity in any matter pending before the Office until one year after the completion of his or her service on the initial review panel. This subsection does not prohibit any Administrative Law Judge or any other employee of the Office from performing his or her assigned duties.

3701.12 [RESERVED]

3701.13 If one or more vacancies exist, and an initial review panel is to be used, the Chief Administrative Law Judge shall file with the Commission a list of proposed members of an initial review panel for a specific vacancy or vacancies. The Chief Administrative Law Judge shall specify the number of vacancies for which each individual review panel is to be formed.

3701.14 Each person named in the list submitted by the Chief Administrative Law Judge may become a member of an initial review panel if a majority of the voting members of the Commission approves such person.

3701.15 Any voting member of the Commission who disapproves of any proposed member of an initial review panel shall file a written statement to that effect with the Commission within ten days of the filing of the list with the Commission.

3701.16 Any person who has not been disapproved by a majority of the voting members of the Commission within fifteen (15) days of the filing of his or her name with the Commission shall be deemed to be approved by the Commission as a member of an initial review panel.

3701.17 An initial review panel shall review the applications of all persons for the vacancy or vacancies for which the panel has been formed.

3701.18 Based upon the applicants' written submissions, the initial review panel shall select the most highly qualified applicants from the group for interviews.

3701.19 An initial review panel may conduct one or more rounds of interviews. A majority of the members of each initial review panel shall be present for an interview of any applicant. If an initial review panel member is not present for a final round interview of any applicant, he or she may not vote or otherwise participate in the initial review panel's decision to forward applications to the Commission pursuant to sections 3701.20 through 3701.24, but he or she may participate in the deliberations of the individual review panel leading to that decision.

3701.20 For each vacancy for which it was formed, an initial review panel may forward to the Commission the applications of one or more applicants whom it determines to be highly qualified to serve as an Administrative Law Judge.

3701.21 [RESERVED]

3701.22 In deciding which applications, if any, should be forwarded to the Commission, an initial review panel shall consider the candidates' legal knowledge, judgment, analytical skills, the amount and the quality of their experience in the practice of law, their judicial temperament and character, their case management skills, and their ability to contribute to the mission of OAH.

3701.23 An initial review panel shall not forward to the Commission the application of any candidate who does not satisfy the qualifications prescribed in the Act and in section 3703.

3701.24 An initial review panel shall not forward to the Commission the application of any applicant who fails to submit:

(a) A certificate of good standing, issued no earlier than thirty (30) days before such submission, from the appropriate court of every jurisdiction in the United States to whose Bar the applicant has been admitted, demonstrating that the applicant is a member in good standing of such Bar, except that no such certificate from any federal court is necessary; and

(b) A certification, issued no earlier than thirty (30) days before such submission, from the Bar Counsel, Grievance Committee or similar office in each jurisdiction described in subsection (a) stating whether there are or have been any disciplinary complaints against the applicant and whether any discipline has been imposed upon the applicant.

3701.25 The Commission shall consider all applications forwarded to it by an initial review panel. The Commission shall interview all candidates whose names are forwarded by an initial review panel and may interview any other qualified candidate upon the vote of a majority of the voting members. At least two voting members of the Commission shall attend any interview of an applicant.

3701.26 For any vacancy, the Commission may appoint a candidate from among the candidates it has interviewed for that vacancy. In making its decision, the Commission shall evaluate the candidates' legal knowledge, judgment, analytical skills, the amount and the quality of their experience in the practice of law, their judicial temperament and character, their case management skills, and their ability to contribute to the mission of OAH. The Commission may decide not to appoint any of the candidates forwarded to it by an initial review panel.

3701.27 For a candidate to be appointed, a majority of the voting members of the Commission must vote in favor of the appointment.

3701.28 Any person appointed by the Commission to an initial two-year term pursuant to this section shall enter onto duty no later than 60 days after his or her receipt of written notice of the appointment, and his or her term shall commence on the date of his or her entry onto duty.

3701.29 For good cause, and upon request of the appointee, the Commission may extend the 60-day deadline established in section 3701.28 for a single period of 30 days.

3701.30 If a person appointed by the Commission does not enter onto duty within the deadline provided in sections 3701.28 and 3701.29, the appointment shall expire and the appointee's position shall be deemed to be vacant.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3702 APPOINTMENT OF HEARING OFFICERS TO AN INITIAL TWO-YEAR TERM AS ADMINISTRATIVE LAW JUDGES

3702.1 A hearing officer serving in an agency to which the Act becomes applicable and who is eligible for an appointment as an Administrative Law Judge pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) may be appointed by the Commission to an initial two-year term as an Administrative Law Judge only in compliance with this section.

3702.2 No person who has been serving as a hearing officer for less than one year before the Act becomes applicable to his or her agency shall be eligible for appointment as an Administrative Law Judge pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) unless his or her employment as a hearing officer has been authorized in writing by the Chief Administrative Law Judge or his or her designee.

3702.3 Any hearing officer who does not satisfy the requirements of section 3702.2 is eligible to be considered for appointment as an Administrative Law Judge pursuant to section 11(b) of the Act (D.C. Official Code § 1831.08 (b) and section 3701 of these rules.

3702.4 At least sixty days before the Act becomes applicable to his or her agency, a hearing officer who wishes to be appointed to an initial two-year term as an Administrative Law Judge pursuant to section 11(e) of the Act, D.C. Official Code § 2-1831.08(e), shall file with the Chief Administrative Law Judge a request for such appointment.

3702.5 The Chief Administrative Law Judge may prescribe a form for the submission of such a request. The form may require information reasonably necessary to show that the hearing officer meets the qualifications set forth in the Act or in this Chapter.

3702.6 Each request shall demonstrate that the hearing officer is qualified for appointment as an Administrative Law Judge pursuant to section 11(e) of the Act, D.C. Official Code § 2-1831.08(e). The request shall contain:

(a) A description of the hearing officer's current position in a covered agency and the amount of time he or she has been so serving;

(b) A certificate of good standing, issued no earlier than thirty (30) days before submission of the request, from the appropriate court in every jurisdiction in the United States to whose Bar the hearing officer has been admitted, demonstrating that the hearing officer is a member in good standing of such Bar, except that no such certificate from any federal court is necessary;

(c) A certification, issued no earlier than thirty (30) days before submission of the request, from the Bar Counsel, Grievance Committee or similar authority in each jurisdiction described in subsection (b) stating whether there are or have been any disciplinary complaints against the hearing officer and whether any discipline has been imposed upon the hearing officer.

(d) A description of the hearing officer's experience in the practice of law, showing that the hearing officer has at least five years experience in the practice of law, including experience with court, administrative or arbitration litigation.

3702.7 The Chief Administrative Law Judge shall forward all timely requests for appointment to the Commission.

3702.8 The Commission shall examine each hearing officer's request and shall conduct, or direct the Chief Administrative Law Judge or any person designated by the Chief Administrative Law Judge to conduct, inquiries that it deems sufficient to verify the information submitted by a hearing officer and to verify that the hearing officer satisfies the standards prescribed in section 3703.

3702.9 If the Commission finds that the hearing officer satisfies the qualifications set forth in this section 3702 and in section 3703, it shall appoint the hearing officer to an initial two-year term as an Administrative Law Judge. A majority of the voting members of the Commission must approve all such appointments.

3702.10 The term of a hearing officer appointed as an Administrative Law Judge pursuant to this section shall commence on the day that the Act becomes applicable to cases heard by the agency by which he or she is employed when the request is submitted to the Chief Administrative Law Judge.

3702.11 For a former hearing officer to remain qualified for his or her appointment as an Administrative Law Judge, he or she must pass a qualifying examination approved by the Commission pursuant to section 3704 of this Chapter, either before the appointment takes effect, or within 18 months of the appointment's effective date.

3702.12 If a qualifying examination approved by the Commission has not been offered and graded at least three times between the date of submission of a hearing officer's request for appointment and 18 months after the effective date of his or her appointment, the deadline for a hearing officer to remain qualified by passing the qualifying examination shall be extended until such an examination has been offered and graded three times after the date of submission of the hearing officer's request for appointment.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 4793(May 20, 2005) [EXPIRED].

6-B DCMR § 3703 QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGES

3703.1 An Administrative Law Judge must be a member of the District of Columbia Bar at the time of his or her appointment, and must remain a member of the District of Columbia Bar throughout his or her tenure as an Administrative Law Judge.

3703.2 At the time of appointment, an Administrative Law Judge must have at least five years' experience in the practice of law, including substantial litigation experience in court, in an administrative agency or in arbitration.

3703.3 An Administrative Law Judge appointed to a position at Grade 15 or below is subject to the residency requirements applicable to attorneys pursuant to section 906(c) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, D.C. Law 2-139, as amended (D.C. Official Code § 1-609.06(c)).

3703.4 An Administrative Law Judge appointed to a position at a level higher than Grade 15 shall be subject to the residency requirements placed on members of the Senior Executive Attorney Service pursuant to section 859 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.59).

3703.5 An Administrative Law Judge shall possess judicial temperament, judgment, expertise, experience and analytical and other skills necessary and desirable for an Administrative Law Judge.

3703.6 An Administrative Law Judge shall be a person of good moral character. Without limiting the foregoing, no person may be appointed or serve as an Administrative Law Judge who:

(a) Has been convicted (on any plea) of a felony at any time;

(b) Has been convicted (on any plea) of a misdemeanor involving moral turpitude within the ten (10) years preceding the date of his or her appointment; or

(c) Has been convicted (on any plea) of a misdemeanor involving moral turpitude while serving as a hearing officer, without regard to the date of conviction. This section shall not preclude the appointment or service as an Administrative Law Judge of any person who has been pardoned for any offense described in subsections (a) through (c). For purposes of subsections (b) and (c), a misdemeanor is one involving moral turpitude if it would be considered an offense involving moral turpitude within the meaning of D.C. Official Code § 11- 2503(a).

3703.7 The Commission may seek any information concerning an applicant that will assist it in determining whether the applicant satisfies any of the standards of this Chapter.

3703.8 No person may be appointed or re-appointed to any term as an Administrative Law Judge who fails to provide any necessary release or fails to cooperate in any other way with the efforts of the Commission or any of its designees to obtain any of the information described in section 3703.7.

3703.9 Except as provided in sections 3702.11 and 3702.12, no person may be appointed as an Administrative Law Judge unless that person has obtained a passing grade on a qualifying examination devised and administered in accordance with section 3704.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 4793 (May 20, 2005) [EXPIRED].

6-B DCMR § 3704 QUALIFYING EXAMINATION

3704.1 No qualifying examination may be administered unless it has been approved by the Commission as provided in this section.

3704.2 Except as provided in section 3702.11, only applicants whom an initial review panel decides to interview in a final round interview may take the qualifying examination. If the Commission decides, pursuant to section 3701.5 of this Chapter, not to use an initial review panel, it shall decide, in its sole discretion, which applicants for a particular position shall be permitted to take the qualifying examination.

3704.3 The Chief Administrative Law Judge shall propose questions, model answers and grading standards for each qualifying examination.

3704.4 The Chief Administrative Law Judge shall submit each proposed version of the qualifying examination, including the questions, the model answers and the grading standards to the Commission for its approval. No examination may be used unless a majority of the voting members approves the questions, the model answers and the grading standards.

3704.5 In preparing any version of a qualifying examination, the Chief Administrative Law Judge may seek assistance from law school faculty members, Administrative Law Judges or others with suitable knowledge and experience who will not be taking that version of the examination.

3704.6 No version of the qualifying examination may be administered more than once.

3704.7 No person who has assisted the Chief Administrative Law Judge in preparing a specific qualifying examination may sit for the examination for which he or she has provided such assistance.

3704.8 Except as authorized by this Section 3704, no person shall reveal the contents of an examination to any other person before administration of that examination is completed.

3704.9 The examination shall test analytical writing skills, case management skills, and legal reasoning skills.

3704.10 The examination shall be graded on a pass/fail basis by members of an initial review panel appointed pursuant to sections 3701.7 - 3701.16 or by attorney graders approved by the Commission in the manner described in sections 3701.7 - 3701.16.

3704.11 The examination shall be graded anonymously, and graders shall not seek or receive any information about the identity of a person who submits a particular examination before the grading process is complete. If any person provides or attempts to provide such information to a grader, the grader shall report it in writing to the Chairperson of the Commission and the Chief Administrative Law Judge.

3704.12 Each grader shall grade each examination independently. For an examination to receive a passing grade, at least fifty percent (50%) of the assigned graders must award it a passing grade.

3704.13 The examination shall be graded non-competitively, and neither the initial review panel nor the Commission shall use the examination to rank applicants in any way, other than to distinguish those who pass from those who fail.

3704.14 The decision of the graders shall be final, and neither the Commission nor an initial review panel may review the graders' decision.

3704.15 In forwarding applications to the Commission, the initial review panel shall inform the Commission only that an applicant has passed the examination, and shall give no other information about the applicant's performance on the examination.

3704.16 Applicants will be informed whether or not they passed the examination, but neither the initial review panel nor the Commission shall disclose any other information about an applicant's performance on an examination.

3704.17 All examination papers shall be destroyed one year after they are graded.

3704.18 If an applicant receives a passing grade on any qualifying examination but is not appointed as an Administrative Law Judge, such applicant shall be deemed to have satisfied the requirement of section 3703.9 for any vacancy arising within three years of the date that he or she sat for the examination.

3704.19 Whenever hearing officers will be eligible to be appointed as Administrative Law Judges pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)), the Chief Administrative Law Judge shall use his or her best efforts to arrange for the administration of at least three qualifying examinations during the period between four (4) months before and eighteen (18) months after the date when the Office begins hearing cases from such officers' agency.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 4793(May 20, 2005) [EXPIRED].

6-B DCMR § 3705 REAPPOINTMENT OF ADMINISTRATIVE LAW JUDGES

3705.1 No earlier than nine (9) months before the expiration of an Administrative Law Judge's term of office, any Administrative Law Judge seeking reappointment to a new term (including a Senior Administrative Law Judge) shall file a statement with the Commission and with the Chief Administrative Law Judge requesting reappointment.

3705.2 If such a statement is not filed by any Administrative Law Judge at least six (6) months before the expiration of his or her term, a vacancy shall result from the expiration of the term of office and shall be filled by appointment as provided in section 3702.

3705.3 The statement may review significant aspects of the Administrative Law Judge's activities that the Administrative Law Judge believes will be helpful to the Commission in the evaluation of his or her candidacy for reappointment.

3705.4 For every Administrative Law Judge who files a statement in accordance with section 3705.1, the Chief Administrative Law Judge shall prepare a record for the Commission's review. That record shall contain:

(a) Copies of performance evaluations of the Administrative Law Judge, as set forth below:

(1) For Administrative Law Judges completing a ten-year term, the record shall contain performance evaluations for at least the previous five years;

(2) For Administrative Law Judges completing a two-year term, the record shall contain all performance evaluations during his or her term;

(b) At least one year of decisions authored by the Administrative Law Judge;

(c) Copies of any other decisions that the Chief Administrative Law Judge deems relevant to the determination of the Administrative Law Judge's fitness for reappointment;

(d) Data on how the Administrative Law Judge has met applicable objective performance standards during his or her term;

(e) The Chief Administrative Law Judge's recommendation, with a statement of reasons, as to whether the Administrative Law Judge should be reappointed; and

(f) Any other information requested by one or more members of the Commission.

3705.5 The Chief Administrative Law Judge shall file the record required by section 3705.4 with the Clerk within 120 days of the filing of a statement by the Administrative Law Judge in accordance with section 3705.1.

3705.6 The Chief Administrative Law Judge shall serve a copy of the record upon the Administrative Law Judge no later than the same day that the record is filed with the Commission.

3705.7 As soon as practicable after receiving a statement of intent to seek reappointment from an Administrative Law Judge, the Commission shall publish a notice in the District of Columbia Register that the Administrative Law Judge is seeking reappointment and that the Commission is soliciting the views of litigants, attorneys and members of the public on whether the Administrative Law Judge should be reappointed.

3705.8 The notice required by section 3705.7 shall call for comments to be submitted to the Commission within thirty (30) calendar days of its publication.

3705.9 The Commission shall provide copies of any comments it receives to the Administrative Law Judge, and shall redact the names and other information that identifies the person submitting the comments.

3705.10 Within ten (10) calendar days of service of the record or of the Commission's sending of public comments to the Administrative Law Judge, whichever is later, an Administrative Law Judge who wishes to respond to the Chief Administrative Law Judge's recommendation or to any public comments or to add information to the record that he or she believes should be considered with respect to his or her reappointment shall file with the Clerk a notice of intent to supplement the record. The Administrative Law Judge may file such a notice regardless of whether he or she files a request to appear before the Commission. The notice shall describe generally the additional information that the Administrative Law Judge intends to add to the record and shall be promptly transmitted to the members of the Commission by the Clerk.

3705.11 Within ten (10) calendar days of service of the record, or of the Commission's sending of public comments to the Administrative Law Judge, whichever is later, an Administrative Law Judge who wishes to appear before the Commission to be heard in person concerning his or her reappointment shall file with the Clerk a request to appear. The Administrative Law Judge may file such a request regardless of whether he or she has filed a notice of intent to supplement the record. The request shall be promptly transmitted to the members of the Commission by the Clerk.

3705.12 If the Administrative Law Judge does not timely file a notice of intent to supplement the record or a request to appear, the Commission may proceed to consider the application for reappointment based solely on the Administrative Law Judge's written statement, the record filed by the Chief Administrative Law Judge and any public comments.

3705.13 If an Administrative Law Judge files a notice of intent to supplement the record, he or she must file with the Commission and the Chief Administrative Law Judge any response to the Chief Administrative Law Judge's recommendation and any additional information that he or she wishes the Commission to consider within twenty (20) calendar days of filing the notice of intent to supplement.

3705.14 If an Administrative Law Judge fails to supplement the record within the deadline established in section 3705.13, the Commission may proceed to consider the reappointment without waiting for the filing of any supplement to the record by the Administrative Law Judge.

3705.15 If an Administrative Law Judge has filed a request to appear before the Commission, the Commission may not vote on his or her reappointment or issue a notice of grounds for possible denial of reappointment unless it affords the Administrative Law Judge an opportunity to appear before it.

3705.16 The Commission may request that an Administrative Law Judge appear personally or respond in writing to any questions or concerns it may have.

3705.17 No Administrative Law Judge may be denied reappointment unless the Commission first serves upon him or her a notice of grounds for possible denial of reappointment. Any such notice shall specify the reasons why the Commission is considering the possible denial of his or her application for reappointment and shall set a date, at least twenty (20) days after service of the notice, on which the Commission will meet to consider final action on the request for reappointment. The Commission may not take final action on the request for reappointment until the conclusion of such meeting.

3705.18 Within fifteen (15) days of service of a notice of grounds for possible denial of reappointment, an Administrative Law Judge may file a written response to the notice, and may request an opportunity to appear at the Commission's meeting.

3705.19 An Administrative Law Judge who timely files a request to appear at the Commission's meeting shall have the right to appear and be heard at the meeting. In its discretion, the Commission may permit other persons to testify at the meeting, either in support of, or in opposition to, the request for reappointment.

3705.20 The voting members of the Commission shall vote on the request for reappointment prior to the expiration of the Administrative Law Judge's term, but no earlier than 60 days prior to such expiration. In case of conflict between this section and section 3705.17, section 3705.17 shall control.

3705.21 In deciding whether to reappoint an Administrative Law Judge, the Commission shall consider all information it has received concerning the reappointment, and the voting members shall give significant weight to the recommendation of the Chief Administrative Law Judge, unless they determine that the recommendation is not founded on substantial evidence. The Commission shall reappoint the Administrative Law Judge if it finds that the Administrative Law Judge has satisfactorily performed the responsibilities of his or her office and is likely to continue to do so.

3705.22 The Commission shall issue a written statement of reasons for every decision to reappoint or not to reappoint an Administrative Law Judge.

3705.23 The Commission's decision on whether to reappoint the Administrative Law Judge shall be final, and a decision not to reappoint an Administrative Law Judge shall not be deemed to be disciplinary action.

3705.24 Any decision by the Commission not to reappoint an Administrative Law Judge shall be reviewable only to the same extent as a decision of the District of Columbia Commission on Judicial Disabilities and Tenure giving an evaluation of "Unqualified."

3705.25 An Administrative Law Judge who is reappointed pursuant to this section shall serve a term of ten years, beginning on the expiration date of his or her current term, or on the date he or she is notified in writing of the Commission's vote, whichever is later.

3705.26 If the Commission does not vote on the reappointment of an Administrative Law Judge before the expiration of his or her current term, the Administrative Law Judge may, in the discretion of the Chief Administrative Law Judge, be retained as a non-judicial employee of the Office, without reduction in grade or step, until the Commission votes on his or her reappointment.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3706 MISCELLANEOUS PROVISIONS

3706.1 To file any document with the Commission pursuant to this Chapter, a person must deliver six copies of that document to the Clerk. The Clerk shall note the date of receipt on each filed document and shall arrange for prompt delivery of one of the copies to each member of the Commission. The Clerk shall retain the sixth copy in a suitably indexed file.

3706.2 Any document may be served upon an Administrative Law Judge by personal delivery to the Administrative Law Judge or by mail addressed to his or her home address. When service is by mail, three days shall be added to any period in this Chapter that is measured from the date of service.

3706.3 If the deadline for filing or serving any document falls on a Saturday, Sunday or legal holiday, that deadline is extended to the next day that is not a Saturday, Sunday or legal holiday.

3706.4 The Chief Administrative Law Judge shall take all necessary actions, including signing any required personnel forms, to effectuate the appointment or reappointment of any Administrative Law Judge appointed or reappointed by the Commission, but shall not violate the Act or the Anti-Deficiency Act, 31 U.S.C. § 1341 et seq., in doing so.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3707 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3708 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3709 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3710 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3711 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3712 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3713 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3714 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3715 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3716 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3717 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3718 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3719 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3720 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3721 TRANSACTION OF COMMISSION BUSINESS

3721.1 The Commission shall operate in accordance with the provisions of the Office of Administrative Hearings Establishment Act of 2001, D.C. Law 14-76 (D.C. Official Code, §§ 2-1831.01, et seq.).

3721.2 The Chairperson, or his or her designee, shall preside at each meeting of the Commission.

3721.3 The Commission, in consultation with the Chief Administrative Law Judge, may make reasonable part-time use of the Clerk and other non-judicial employees of the Office of Administrative Hearings in connection with the Commission's official duties.

3721.4 [RESERVED]

3721.5 Meetings of the Commission shall be held at times agreed upon by the members of the Commission, or upon call by the Chairperson, or by two or more members of the Commission. Any meeting called shall be scheduled upon reasonable written notice to all members of the Commission, unless the requirement of written notice is waived by unanimous consent of all members of the Commission.

3721.6 The Chairperson, or his or her designee, may carry out routine Commission business (such as the granting of postponements pursuant to this chapter, authorization of preliminary inquiry into complaints regarding an Administrative Law Judge, and authorization of informal and non-determinative communications with an Administrative Law Judge or the Administrative Law Judge's counsel). Any of the foregoing shall be disclosed and reported to the Commission at its next meeting. Any act carried out by one of the above members may be reconsidered at the next meeting of the Commission upon motion.

3721.7 All records pertaining to the potential appointment, re-appointment, discipline, or removal of an Administrative Law Judge shall, without limitation as to other applicable privileges and protections, be deemed to be personnel records subject to D.C. Official Code § 1-631.01 and to rules issued thereunder.

3721.8 Nothing in this chapter limits the authority of the Commission to issue a protective order as otherwise permitted by law.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3722 PHYSICAL EXAMINATIONS AND MEDICAL INFORMATION

3722.1 At the Commission's written request for the purpose of evaluating an issue relating to the appointment, reappointment, discipline, or removal of an Administrative Law Judge, the Administrative Law Judge shall submit to one or more physical or mental examinations by a licensed physician, licensed psychologist, or other licensed health professional designated by the Commission after consultation with the Administrative Law Judge. The examination and report shall be made at the expense of the District of Columbia.

3722.2 The health professional shall report his or her findings in writing to the Commission.

3722.3 At the Commission's request and for the purposes stated in section 3722.1, an Administrative Law Judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any health professional, health care facility, or other facility regarding the Administrative Law Judge's physical or mental condition.

3722.4 The failure of an Administrative Law Judge to submit to a physical or mental examination or to provide waivers and releases required under this section by the Commission may be used as the basis for drawing an adverse inference against the Administrative Law Judge.

3722.5 Copies of all medical records, reports, and information received by the Commission shall be provided to the Administrative Law Judge at his or her request, and shall be maintained as confidential, personal and private by the Commission.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3723 FINANCIAL REPORTS

3723.1 To the extent required under any code of professional responsibility for Administrative Law Judges adopted pursuant to section 8(a)(9) of the Act, D.C. Official Code § 2-1831.05(a)(9), each Administrative Law Judge shall file a copy of the disclosure form required by D.C. Official Code § 1-1106.02 with the Commission within five (5) days of filing it with the Board of Elections and Ethics.

3723.2 The intentional failure by an Administrative Law Judge to file a report required by this section, or the intentional or reckless filing of a materially inaccurate report, shall constitute willful misconduct in office and shall be grounds for removal from office, or other disciplinary action, by the Commission.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3724 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3725 PRECEDENTS

3725.1 Provided that copies have been filed by the Commission with the Chief Administrative Law Judge in the Office of Administrative Hearings and maintained and made reasonably available for review, each Administrative Law Judge shall be deemed to be on notice of the following:

(a) The Commission's decisions in proceedings;

(b) The Commission's evaluations of Administrative Law Judges who have been candidates for reappointment; and

(c) Any written communication by the Commission to the Chief Administrative Law Judge specifying that Administrative Law Judges are to take notice of the communication.

3725.2 Each Administrative Law Judge shall be deemed to be on notice of any code of professional responsibility for Administrative Law Judges promulgated by the Chief Administrative Law Judge under section 8(a)(9) of the Act, D.C. Official Code § 2-1831.05(a)(9), and any interpretative authorities cited therein as persuasive or authoritative.

3725.3 Each Administrative Law Judge shall be deemed to be on notice of Administrative Orders and other issuances of the Chief Administrative Law Judge so long as such documents are maintained by the Office of Administrative Hearings and made reasonably available for review.

3725.4 To the extent a document covered by this section has been redacted, an Administrative Law Judge shall not be deemed to be on notice of the redacted material unless he or she has received it separately.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3726 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3727 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3728 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3729 CAUSE FOR DISCIPLINE OR REMOVAL

3729.1 Cause to discipline or remove an Administrative Law Judge under the Act includes any of the following:

(a) Willful misconduct in office, violation of applicable law or rules, including without limitation, any violation of a code of professional responsibility applicable to the Administrative Law Judge pursuant to section 8(a)(9) of the Act, D.C. Official Code § 2-1831.05(a)(9), or an Administrative Law Judge's willful and persistent failure to perform his or her judicial and other duties, including without limitation, the unexcused failure to meet annual performance standards in any two (2) years within a three (3) year period; or

(b) Other conduct prejudicial to the administration of justice or which brings the judicial office into disrepute; or

(c) Reckless or intentional material misrepresentation in securing or retaining his or her appointment or reappointment or intentional or reckless falsification of official records.

3729.2 Cause to remove an Administrative Law Judge includes:

(a) Inability to discharge the duties of his or her office by reason of mental or physical condition or disability (including habitual intemperance) that has persisted for a period of at least one (1) year; or

(b) Inability to discharge the duties of his or her office by reason of mental or physical condition or disability (including habitual intemperance) that is reasonably expected to persist for a period of at least one (1) year; or

(c) An Administrative Law Judge's failure to satisfy all qualifications required by the Act or this Chapter at anytime during his or her term;

3729.3 A removal under section 3729.2 shall be designated as an involuntary retirement.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3730 INVESTIGATIONS

3730.1 The Commission may investigate and deliberate to determine whether a formal proceeding to discipline or remove an Administrative Law Judge should be instituted. It may do so upon proposal of the Chief Administrative Law Judge, or upon receiving information giving it reason to believe that there may be cause to discipline or remove an Administrative Law Judge.

3730.2 The investigation may be carried out in any lawful manner that the Commission deems appropriate, including without limitation, interviews, document reviews, the taking of evidence at Commission meetings or by deposition, and the issuance of subpoenas when authorized by law.

3730.3 The Commission may elect to notify the Administrative Law Judge in writing of the pendency of the investigation if it would not be prejudicial to the interests of justice.

3730.4 If, after investigation, the Commission has reason to believe that there is cause to discipline or remove an Administrative Law Judge, it may commence a formal proceeding against the Administrative Law Judge.

3730.5 If the Commission determines not to institute a formal proceeding, it shall so inform the Administrative Law Judge upon his or her inquiry, or if the Commission or its designee previously informed the Administrative Law Judge of the investigation. The Commission also shall give written notice to any complainant either that there is insufficient cause to proceed, or that the complaint poses a legal issue over which the Commission has no jurisdiction, as appropriate.

3730.6 Before instituting a formal proceeding against an Administrative Law Judge, the Commission shall serve the Administrative Law Judge with notice of the investigation and offer the Administrative Law Judge an opportunity to meet with the Commission.

3730.7 If the Administrative Law Judge files a request to meet with the Commission within seven (7) days of service of notice of the investigation, the Commission shall meet with the Administrative Law Judge and his or her counsel, if any, for the purpose of considering whether the matter should be disposed of without a proceeding.

3730.8 An Administrative Law Judge may voluntarily terminate any investigation or formal proceeding before the Commission by filing with the Clerk a binding notarized statement that the Administrative Law Judge voluntarily resigns or retires from his or her position as an Administrative Law Judge; that he or she wishes to terminate the investigation or formal proceeding without a decision on the merits; and that he or she agrees never again to seek or accept an appointment as an Administrative Law Judge.

3730.9 Any person submitting a statement to the Commission pursuant to section 3730.8 shall not be qualified to be appointed as an Administrative Law Judge at any time thereafter.

3730.10 If an investigation is concluded without commencement of a formal proceeding, the Commission shall give written notice to the complainant explaining that the matter has been resolved and the nature of that resolution.

3730.11 Individuals interviewed by any member of the Commission or persons acting on its behalf during an investigation shall be asked to keep the matter confidential.

3730.12 All records and meetings relating to an investigation that does not result in a formal proceeding shall be non-public records of the Commission. All records and meetings relating to an inquiry that results in a formal proceeding, unless otherwise privileged or confidential under law, shall be public records of the Commission.

3730.13 If an Administrative Law Judge requests that a record documenting a non-public decision disposing of an inquiry involving that Administrative Law Judge be made public, the Commission shall make that record public within ten (10) days of the request. If an Administrative Law Judge requests that a document other than one documenting the decision from an investigation or complaint be made public, the Commission shall do so if it would serve the interests of justice.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3731 OATHS OR AFFIRMATIONS

3731.1 Each witness who appears before the Commission in an investigation or proceeding shall swear or affirm to tell the truth and not to disclose the nature of the investigation or of the proceeding or the identity of the Administrative Law Judge involved unless or until the matter is no longer confidential under the provisions of this chapter or other provisions of law.

3731.2 Each member of the Commission shall be authorized to administer oaths or affirmations to all witnesses appearing before the Commission.

3731.3 Each person appointed by the Commission to assist it shall be required to sign a confidentiality agreement as a condition of that person's participation in any non-public meeting, proceeding, investigation, or other activity.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3732 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3733 RESERVED

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3734 FORMAL PROCEEDINGS

3734.1 If the Commission institutes a formal proceeding against an Administrative Law Judge, it shall issue a written notice to the Administrative Law Judge advising him or her that the investigation has led to the institution of a formal proceeding against him or her.

3734.2 Unless otherwise ordered by the Commission, each formal proceeding shall be titled as follows:

BEFORE THE

DISTRICT OF COLUMBIA COMMISSION ON SELECTION AND TENURE

OF ADMINISTRATIVE LAW JUDGES

In re [name of Administrative Law Judge], Formal Proceeding Against an Administrative Law Judge No.

3734.3 The notice shall be served by personal service upon the Administrative Law Judge.

3734.4 If it appears to the Chairperson of the Commission upon affidavit that, after reasonable effort for a period of ten (10) days, personal service could not be made, service may be made upon the Administrative Law Judge by mailing the notice by registered, certified, or express mail, addressed to the Administrative Law Judge at his or her Office of Administrative Hearings address and at his or her last known home address.

3734.5 The notice of formal proceeding shall specify concisely the charges and the alleged basis for the charges, and shall advise the Administrative Law Judge of the following:

(a) The right to counsel;

(b) The most severe action that the Commission proposes to take against the Administrative Law Judge if it concludes that there is cause for discipline or removal;

(c) The obligation to file a written answer within twenty (20) days of service of the notice;

(d) The person with whom the answer must be filed;

(e) The right to an evidentiary hearing; and

(f) The right to review any material that will be presented to the Commission during the formal proceeding.

3734.6 Pursuant to section 8 of the Act, D.C. Official Code § 2-1831.05, an Administrative Law Judge against whom a formal proceeding has been instituted may be placed on administrative leave at the discretion of the Chief Administrative Law Judge pending the outcome of the formal proceeding.

3734.7 An Administrative Law Judge shall file a written answer to a notice of formal proceeding within twenty (20) days of service of the notice.

3734.8 In his or her answer, an Administrative Law Judge shall raise every procedural and substantive defense or challenge and every fact or matter in extenuation, exculpation, or mitigation of which the Administrative Law Judge has knowledge or reasonably should have knowledge. Failure to include any such matter in the answer shall preclude the Administrative Law Judge from relying upon it at any point in the formal proceeding or subsequent judicial review.

3734.9 The Chairperson or the Commission may extend the time for filing an answer.

3734.10 In the interests of justice, the Commission at any time prior to its final decision in a proceeding may amend the notice of formal proceeding or may permit the answer to be amended to conform to proof or otherwise.

3734.11 The Administrative Law Judge shall be given a reasonable time to answer an amendment and to present his or her defense against any matter charged in an amendment.

3734.12 The notice of proceeding and the answer shall constitute the pleadings. No further pleadings or motions shall be filed, unless expressly authorized by the Commission.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3735 HEARINGS IN FORMAL PROCEEDINGS

3735.1 Upon the timely filing of an answer, unless good cause to the contrary appears in the answer, or if no timely answer is filed, the Commission shall order an evidentiary hearing to be held before it concerning the matters specified in the notice of formal proceeding.

3735.2 The Commission shall set a time and place for the hearing and, at least thirty (30) days prior to the date set, shall mail a notice of the hearing time and place by registered, certified, or express mail to the Administrative Law Judge addressed to the Administrative Law Judge at his or her Office of Administrative Hearings address and his or her last known home address and to the Administrative Law Judge's counsel, if any.

3735.3 The Chairperson or the Commission may extend the time for the commencement of a hearing.

3735.4 The Commission may rule on the defenses and challenges asserted in the answer at the outset of the hearing or may take them under advisement and rule on them during, at the close of, or after the hearing.

3735.5 At least fifteen (15) days before the hearing, the Administrative Law Judge and the Commission shall disclose to each other a list of witnesses that each may call (except rebuttal witnesses) and the documents that each may offer at the hearing (except documents that will be used solely for impeachment). Such documents may be, redacted to protect privacy and confidential information, and to remove irrelevant and privileged information, but only to the extent consistent with due process.

3735.6 At the time and place set for hearing, the Commission shall proceed with the hearing whether or not the Administrative Law Judge has filed an answer or appears at the hearing.

3735.7 The hearing shall be held before the Commission, and evidence shall be received only when a quorum of the Commission is present.

3735.8 The Chairperson, or his or her designee, shall control the conduct of the proceeding, which shall be conducted in accordance with the procedures for contested hearings under D.C. Official Code § 2-509 and any other applicable law. In evaluating the weight of any evidence, the Commission shall use the codified rules of evidence applicable in the Superior Court of the District of Columbia once a comprehensive codification occurs, or if no such code exists, the Federal Rules of Evidence.

3735.9 The failure of the Administrative Law Judge to answer or to appear at the hearing shall not, standing alone, be taken as evidence of the truth of facts alleged to constitute cause for discipline or removal, but it may be a basis for an adverse inference.

3735.10 Special counsel designated by the Commission may present evidence against the Administrative Law Judge at the hearing.

3735.11 The Commission shall keep a complete record of each formal proceeding, including a verbatim record of each hearing. Upon request, a copy of the record of a formal proceeding shall be provided to the Administrative Law Judge at the expense of the District of Columbia.

3735.12 The Administrative Law Judge has the right to be represented by counsel in an investigation or formal proceeding. Any such counsel must be an active member of the District of Columbia Bar, or may be admitted to represent the Administrative Law Judge pro hac vice by the Commission to the extent such admission would serve the interests of justice.

3735.13 The Administrative Law Judge shall be admitted to the hearing unless he or she is incompetent or so disruptive as to make it unduly burdensome for the Commission to conduct the hearing. If the Administrative Law Judge is not admitted, he or she shall be offered audio and visual access to the hearing.

3735.14 An Administrative Law Judge shall be given every reasonable opportunity to defend himself or herself against the charges at the hearing, including the introduction of evidence and examination and cross-examination of witnesses.

3735.15 [RESERVED]

3735.16 If it appears to the Commission at any time during a proceeding that the Administrative Law Judge is not competent to act for himself or herself, the Commission shall seek the appointment of a guardian ad litem unless the Administrative Law Judge has a legal representative who will act for him or her.

3735.17 The guardian ad litem or legal representative may exercise any right and privilege and make any defense for the Administrative Law Judge with the same force and effect as if exercised or made by the Administrative Law Judge if he or she were competent. Whenever the provisions of this chapter provide for notice to the Administrative Law Judge, that notice shall be given to the guardian ad litem or legal representative.

3735.18 Hearings in formal proceedings shall be open to the public, unless otherwise ordered by the Commission in order to avoid unfair prejudice to the persons other than the Administrative Law Judge who is the subject of the formal proceeding.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3736 FINDINGS OF FACT AND CONCLUSIONS OF LAW

3736.1 Within ninety (90) days after the close of the record in any formal proceeding, the Commission shall issue written findings of fact and conclusions of law.

3736.2 A copy of the findings and conclusions shall be served on the Administrative Law Judge and his or her counsel, if any.

3736.3 A copy of the findings and conclusions also shall be filed with the Clerk, together with the entire record.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3737 SANCTIONS

3737.1 If the Commission determines that there is cause for discipline or removal of an Administrative Law Judge, it may sanction the Administrative Law Judge by oral reprimand, written reprimand, suspension without pay, reduction in grade, or removal.

3737.2 The Commission may require that the Administrative Law Judge undergo counseling, training, or rehabilitation as a condition for terminating a suspension or avoiding any disciplinary sanction.

3737.3 Any decision by the Commission imposing any sanction upon a Administrative Law Judge pursuant, to this section, suspending an Administrative Law Judge pursuant to sections 3738 and 3739, affirming the imposition of disciplinary action upon an Administrative Law Judge pursuant to section 3740.17, or affirming the summary suspension of an Administrative Law Judge pursuant to section 3741, shall be reviewable only to the same extent as a decision of the District of Columbia Commission on Judicial Disabilities and Tenure giving an evaluation of "Unqualified."

3737.4 During any period of suspension pursuant to this Chapter, an Administrative Law Judge shall remain absent from the Office, unless authorized in writing to enter the premises by the Chief Administrative Law Judge.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3738 SUMMARY SUSPENSION UPON COMMENCEMENT OF CRIMINAL PROCEEDINGS

3738.1 Notwithstanding any other provision of this chapter, the Commission shall suspend an Administrative Law Judge with pay if it has probable cause to believe any of the following:

(a) The Administrative Law Judge has been indicted for any crime that is or would be a felony under federal or District of Columbia law;

(b) A criminal proceeding has been commenced in any court alleging that the Administrative Law Judge has committed any crime that bears a relationship to his or her position as an Administrative Law Judge; or

(c) A criminal proceeding has been commenced in any court alleging that the Administrative Law Judge has committed any crime of dishonesty within the meaning of D.C. Official Code § 14-305.

3738.2 To suspend an Administrative Law Judge with pay pursuant to section 3738.1, the Commission shall serve a written notice of suspension upon the Administrative Law Judge. The notice shall inform the Administrative Law Judge of the following:

(a) The reason for the suspension;

(b) The beginning date of the suspension;

(c) The Administrative Law Judge's right to file a written response within ten (10) days of service; and

(d) The right to counsel.

3738.3 Within ten (10) days of service of the notice of summary suspension, the Administrative Law Judge may file a written response. The response shall address only whether the Administrative Law Judge has been indicted for a felony, or whether a criminal proceeding described in section 3738.1 (b) or (c) has been commenced against him or her. The response shall not address the merits of the underlying charges.

3738.4 The Commission promptly shall review any response filed by the Administrative Law Judge. After such review, if the Commission finds that the preponderance of the evidence does not establish that the Administrative Law Judge has been indicted for a felony or that a criminal proceeding described in section 3738.1(b) or (c) has been commenced against him or her, it shall vacate the summary suspension forthwith. Otherwise, the summary suspension shall remain in effect pending the final outcome of the criminal proceedings. The Commission shall not address the merits of the underlying charge.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3739 SUMMARY SUSPENSION UPON CONVICTION

3739.1 Notwithstanding any other provision of this Chapter, the Commission shall suspend an Administrative Law Judge without pay if it has probable cause to believe any of the following:

(a) The Administrative Law Judge has been convicted (on any plea) of any crime that is or would be a felony under federal or District of Columbia law;

(b) The Administrative Law Judge has been convicted (on any plea) of any crime that bears a relationship to his or her position as an Administrative Law Judge; and

(c) The Administrative Law Judge has been convicted (on any plea) of any crime of dishonesty within the meaning of D.C. Official Code § 14-305.

3739.2 To suspend an Administrative Law Judge without pay pursuant to section 3739.1, the Commission shall serve a written notice of suspension upon the Administrative Law Judge. The notice shall inform the Administrative Law Judge of the following:

(a) The reason for the suspension;

(b) The beginning date of the suspension;

(c) The Administrative Law Judge's right to file a written response within ten (10) days of service; and

(d) The right to counsel.

3739.3 Within ten (10) days of service of the notice of summary suspension pursuant to section 3739.2, the Administrative Law Judge may file a written response. The response shall address only whether the Administrative Law Judge has been convicted of a crime specified in section 3739.1, and shall not address the merits of the underlying charges.

3739.4 The Commission promptly shall review any response filed by the Administrative Law Judge. After such review, if the Commission finds that the preponderance of the evidence does not establish that the Administrative Law Judge has been convicted of a crime specified in section 3739.1, it shall vacate the summary suspension forthwith. Otherwise, the summary suspension shall remain in effect pending the outcome of any appeal or any proceeding to remove the Administrative Law Judge. The Commission shall not address the merits of the underlying charge.

3739.5 Upon issuance of a final order affirming the conviction, or the running of the time for filing an appeal without any appeal being filed, the Commission shall issue an order summarily removing the Administrative Law Judge from office.

3739.6 If criminal proceedings against an. Administrative Law Judge who has been suspended pursuant to section 3738.1 or section 3739.1 are terminated in the Administrative Law Judge's favor, the Commission shall vacate the summary suspension, effective on the date of termination.

3739.7 If an appellate court vacates or reverses a criminal conviction, and remands the case for further proceedings, the Administrative Law Judge shall be suspended with pay pending the judgment in the remanded proceedings. If the remanded proceedings result in a conviction specified in section 3739.1, the Administrative Law Judge shall be suspended without pay in accordance with this section.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3740 CORRECTIVE DISCIPLINE BY THE CHIEF ADMINISTRATIVE LAW JUDGE

3740.1 Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may discipline an Administrative Law Judge by issuing an official reprimand to the Administrative Law Judge or by suspending the Administrative Law Judge without pay for a period of nine (9) days or less.

3740.2 The Chief Administrative Law Judge may take corrective disciplinary action against an Administrative Law Judge pursuant to section 3740.1 only for cause, as described in section 3729.1.

3740.3 The Chief Administrative Law Judge may take corrective disciplinary action against an Administrative Law Judge pursuant to section 3740.1 only in accordance with the procedures set forth in this section 3740.

3740.4 Except as provided in section 3741, before taking corrective disciplinary action against an Administrative Law Judge, the Chief Administrative Law Judge must serve a notice of proposed corrective disciplinary action upon the Administrative Law Judge and must provide the Administrative Law Judge an opportunity to respond.

3740.5 A notice of proposed corrective disciplinary action issued pursuant to section 3740.4 must contain at least the following information:

(a) A statement of the factual basis for the proposed corrective disciplinary action;

(b) A statement describing the proposed corrective disciplinary action;

(c) A statement that the Administrative Law Judge has the right to review any material upon which the proposed corrective disciplinary action is based;

(d) A statement of the Administrative Law Judge's right to file a written response; and

(e) Any other information required by the Due Process Clause of the Fifth Amendment to the United States Constitution.

3740.6 Within five (5) days of service of a notice of proposed corrective disciplinary action, the Administrative Law Judge may file a written response with the Chief Administrative Law Judge.

3740.7 For good cause shown, the Chief Administrative Law Judge may extend the five (5) day deadline prescribed in section 3740.6 for one additional period of up to five (5) days.

3740.8 After reviewing any response filed under section 3740.6, or after expiration of the time for filing a response (if no response is filed), the Chief Administrative Law Judge shall serve the Administrative Law Judge with a decision on the proposed corrective disciplinary action.

3740.9 A decision issued pursuant to section 3740.8 shall state that corrective disciplinary action either shall be taken or shall not be taken and shall contain a statement of the reasons for the Chief Administrative Law Judge's decision. If corrective disciplinary action will be taken, the decision shall state the nature and applicable dates, if any, of the corrective disciplinary action and shall state with specificity the cause upon which the corrective disciplinary action is based.

3740.10 If the Chief Administrative Law Judge decides, in the exercise of his or her discretion, to take corrective disciplinary action, he or she may impose the corrective disciplinary action proposed in the notice issued pursuant to section 3740.5, or any less severe corrective disciplinary action, but may not impose a corrective disciplinary action more severe than proposed in the notice.

3740.11 Any decision of the Chief Administrative Law Judge imposing corrective disciplinary action shall contain a statement of the Administrative Law Judge's right to appeal to the Commission.

3740.12 An Administrative Law Judge may appeal any decision of the Chief Administrative Law Judge to take corrective disciplinary action by filing a notice of appeal with the Commission within fifteen (15) days of service of the decision and serving a copy upon the Chief Administrative Law Judge. The notice of appeal shall state fully every argument of the Administrative Law Judge in support of his or her appeal.

3740.13 The corrective disciplinary action imposed by the Chief Administrative Law Judge shall not be stayed pending appeal.

3740.14 Within ten (10) days of service of the notice of appeal, the Chief Administrative Law Judge, or his or her designee, may file a response to the notice of appeal with the Commission.

3740.15 After receipt of the Chief Administrative Law Judge's response, or the expiration of the deadline for filing a response (if no response is filed), the Commission shall decide the appeal.

3740.16 The Commission shall affirm the decision of the Chief Administrative Law Judge unless it finds that there is not substantial evidence in the record to support the Chief Administrative Law Judge's finding of cause. The Commission may not overturn the Chief Administrative Law Judge's exercise of discretion to choose a sanction unless it concludes that the sanction was unlawful.

3740.17 If the Commission reverses a suspension without pay imposed by the Chief Administrative Law Judge, the Administrative Law Judge shall receive any pay and other benefits that were lost as the result of the suspension.

3740.18 A corrective disciplinary action taken against an Administrative Law Judge pursuant to this section shall not preclude the Commission from taking any action authorized by sections 3730 to 3739, including the imposition of any additional sanction upon the Administrative Law Judge.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3741 SUMMARY SUSPENSION OF AN ADMINISTRATIVE LAW JUDGE

3741.1 Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may summarily suspend an Administrative Law Judge without pay if there is cause for discipline or removal pursuant to section 3729 and the Administrative Law Judge's conduct:

(a) Threatens the integrity of the Office's operations; or

(b) Constitutes an immediate hazard to the Office or its employees, to the Administrative Law Judge, or to the public.

3741.2 Any summary suspension imposed by the Chief Administrative Law Judge may last no longer than nine (9) days.

3741.3 An Administrative Law Judge who is notified by a written or oral directive of a summary suspension shall immediately leave his or her duty station and the premises of the Office.

3741.4 With a reasonable time after the summary suspension, but no later than 48 hours thereafter, the Chief Administrative Law Judge shall serve upon the Administrative Law Judge a written notice that includes all of the following information:

(a) A statement of the reasons for the summary suspension;

(b) The effective date of the summary suspension and its duration;

(c) A statement that the Administrative Law Judge has the right to review any material upon which the summary suspension was based;

(d) A statement of the Administrative Law Judge's right to present a written response for review by the Commission; and

(e) Any other information required by the Due Process Clause of the Fifth Amendment.

3741.5 Within forty-eight (48) hours after receipt of the notice required by section 3741.4, the Administrative Law Judge may file with the Commission a written response to the notice. That response shall raise every defense, fact, or matter in extenuation, exculpation, or mitigation of which the Administrative Law Judge has knowledge or reasonably should have knowledge that is relevant to the determination of cause or the legality of the summary suspension. An Administrative Law Judge's failure to file a response within the deadline established by this subsection shall constitute a waiver of all rights to challenge the summary suspension.

3741.6 Upon review of the notice of summary suspension and the Administrative Law Judge's response, the Commission shall determine whether the summary suspension complies with the requirements of this section. In its discretion, the Commission may require the Administrative Law and the Chief Administrative Law Judge, or his or her designee, to appear before it, and it may receive relevant testimonial and documentary evidence.

3741.7 The summary suspension shall not be stayed during the pendency of the matter before the Commission. If the Commission determines that the summary suspension did not comply with the requirements of this section, it shall issue an order vacating the summary suspension and restoring any pay and benefits lost by the Administrative Law Judge during the suspension.

3741.8 Summary suspension of an Administrative Law Judge pursuant to this section shall not preclude the Commission from taking any action authorized by sections 3730 to 3739, including the imposition of an additional sanction upon the Administrative Law Judge.

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3742 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3743 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3744 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3745 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3746 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3747 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3748 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3749 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3750 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3751 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3752 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3753 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3754 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3755 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3756 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3757 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3758 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3759 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3760 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3761 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3762 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3763 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3764 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3765 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3766 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3767 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3768 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3769 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3770 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3771 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3772 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3773 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3774 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3775 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3776 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3777 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3778 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3779 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3780 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3781 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3782 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3783 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3784 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3785 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3786 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3787 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3788 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3789 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3790 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3791 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3792 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3793 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3794 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3795 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3796 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3797 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3798 [RESERVED]

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B DCMR § 3799 DEFINITIONS

When used in this chapter, the following words shall have the following meanings:

Act - The Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01 et seq.)

Administrative Law Judge - An Administrative Law Judge of the Office of Administrative Hearings.

Applicant - Any person seeking to be appointed or reappointed as an Administrative Law Judge.

Chief Administrative Law Judge - The Chief Administrative Law Judge of the Office or any person serving as Acting Chief Administrative Law Judge or interim Chief Administrative Law Judge of the Office.

Clerk - The Clerk of the Office.

Commission - The Commission on Selection and Tenure of Administrative Law Judges of the Office of Administrative Hearings.

Experience in the practice of law - Includes service as a hearing officer.

Hearing officer - An individual, other than an agency director or member of the governing board or body of an agency, whose permanent duties as an employee of the District of Columbia on the day prior to the Act's becoming applicable to his or her agency, consisted in whole or substantial part of regularly adjudicating administrative matters as required by law. "Hearing officer" includes, without limitation, any person with a position bearing the title "Hearing Officer," "Hearing Examiner," "Attorney Examiner," "Administrative Law Judge," "Administrative Judge," or "Adjudication Specialist." The term "hearing officer" does not include any employee holding an intermittent service appointment, a temporary appointment of less than one year, or a term appointment of less than one year.

Investigation - An inquiry to determine whether a proceeding should be instituted.

Legal holiday - Includes New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the District of Columbia, or any day on which the Office is closed.

Member of the District of Columbia Bar - 1) An active member in good standing of the District of Columbia Bar; 2) a judicial member in good standing of the District of Columbia Bar; or 3) any person eligible to practice law in the District of Columbia pursuant to Rule 49 (c)(4) of the Rules of the District of Columbia Court of Appeals while employed by the Government of the District of Columbia.

Misrepresentation - An untrue statement, orally or in writing, or an omission that is materially misleading.

Office - The Office of Administrative Hearings.

Proceeding - A formal proceeding, initiated by a Notice of Proceeding, to hear and determine charges as to an Administrative Law Judge's conduct or health.

Special Counsel - Any member of the District of Columbia Bar retained by the Commission to assist it, including without limitation, by investigating, prosecuting, or advising on any matter.

Vacancy - An unfilled available position as an Administrative Law Judge.

Voting member - One of the three voting members of the Commission appointed pursuant to section 10(a) of the Act, D.C. Official Code § 2-1831.07(a).

History

• SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

6-B38 MANAGEMENT SUPERVISORY SERVICE

6-B DCMR § 3800 POLICY

3800.1 Pursuant to section 951 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.51), the Management Supervisory Service is established within the District government to ensure that each agency has the highest quality of managers and supervisors who are responsive to the needs of the government.

3800.2 This chapter applies to all appointments to the Management Supervisory Service under the authority of sections 951 through 958 of the CMPA (D.C. Official Code § 1-609.51 et seq.).

3800.3 In accordance with section 954 of the CMPA (D.C. Official Code § 1-609.54), an appointment to the Management Supervisory Service is an at-will appointment.

3800.4 For the purposes of this chapter, the term “appointment” means all initial appointments to the Management Supervisory Service, and all subsequent position changes, including reassignments and promotions, within the Management Supervisory Service.

History

• SOURCE: As amended by Final Rulemaking published at 57 DCR 5455 (June 25, 2010).

6-B DCMR § 3801 APPLICABILITY

3801.1 The Management Supervisory Service consists of all employees who meet the definition of “management employee” in section 1411(5) of the CMPA (D.C. Official Code § 1-614.11 (5)), that is, employees whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.

3801.2 The following employees are excluded from the Management Supervisory Service:

(a) Employees occupying positions included in recognized collective bargaining units; and

(b) Employees with acting supervisory or managerial responsibilities only in the absence of the regular supervisor or manager.

3801.3 Positions that have some supervisory duties and responsibilities but less than those described in the appropriate classification standards guide shall be excluded from the Management Supervisory Service.

3801.4 Persons appointed to the Management Supervisory Service are not in the Career, Educational, Legal, Excepted, or Executive Services.

3801.5 An employee holding a position in the Career or Educational Services may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service of (3) three days or more, to a position that would otherwise be in the Management Supervisory Service, without losing his or her existing status in the Career or Educational Services.

History

• SOURCE: Final Rulemaking published at 57 DCR 5455 (June 25, 2010); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3801

6-B DCMR § 3802 COMPENSATION SYSTEM, SALARY AND RATE SCHEDULES, AND PAY-FOR-PERFORMANCE SYSTEM FOR MANAGEMENT SUPERVISORY SERVICE EMPLOYEES

3802.1 The compensation provisions of Chapter 11 of these regulations are applicable to all positions in the Management Supervisory Service.

3801.2 As applicable, individuals appointed to the Management Supervisory Service shall be paid from either:

(a) The Management Supervisory Rate Schedule, the symbol for which is MW, which is the hourly rate schedule applicable to Management Supervisory Service employees who are paid under the Wage Service Rate System established in Chapter 11 of these regulations; or

(b) The Management Supervisory Service Pay Schedule (“MS Schedule”), the symbol for which is MS, which is the annual rate schedule applicable to Management Supervisory Service employees who are paid under the District Service Salary System established in Chapter 11 of these regulations.

3802.3 The MS Schedule is divided into grade levels 11 through 16 and consists of an open range with no steps, only a “minimum”, “midpoint,” and “maximum” as reference points of the range for each grade level.

3802.4 The MS Schedule provides a varying, pay-for-performance system for Management Supervisory Service employees paid from it. Some of the features of a merit-based pay plan such as the new MS Schedule are:

(a) Merit pay or pay-for-performance systems provide the flexibility to:

(1) Combine merit or performance-based increases with what is commonly known as a “cost-of-living adjustments” or “market adjustments;” or

(2) Base the total salary increase the employee receives solely on merit (performance).

(b) Base-pay increases vary in direct relationship to each employee’s performance level;

(c) The system differentiates between the various levels of performance and rewards employees accordingly through additional compensation;

(d) The success of the system depends on accurate and realistic performance evaluations by supervisors; and

(e) The system provides flexibility for varying budget constraints and revenues.

3802.5 Each personnel authority, in consultation with the Office of the Chief Financial Officer, shall:

(a) Determine the percentage of the performance-based or merit pay increase, if any, for agency Management Supervisory Service employees who are paid under the MS Schedule and have received a Performance Plan for the year, and whose level of competence and job performance is determined to be acceptable or better as evidenced by a performance rating of “Meets Expectations” or higher;

(b) Determine the total percentage of the annual salary increases for these employees, if any; and

(c) Communicate the plan to agency heads every year.

3802.6 Any performance base or merit pay increase for Management Supervisory Service employees shall be approved by the Mayor (or designee) or independent personnel authority.

3802.7 An eligible Management Supervisory Service employee whose salary is at the top of the range for the grade level of the position he or she occupies and who meets the requirements in section 3802.5 (a) of this section, shall receive a one-time (1-time) lump sum payment for the calendar year in question, the amount of which shall not exceed the percentage afforded to other eligible agency employees with the same performance rating.

3802.8 The rates of pay on the Management Supervisory Service Pay Schedules shall not be used to set pay upon subsequent appointment to a position in the Career Service.

6-B DCMR § 3803 INCUMBENT CLASSIFICATION SYSTEM

3803.1 Until such time as the Mayor adopts a new classification system, the classification system that was in effect on December 31, 1979 is the system applicable to the classification of positions in the Management Supervisory Service.

6-B DCMR § 3804 METHOD OF MAKING MANAGEMENT SUPERVISORY SERVICE APPOINTMENTS

3804.1 In accordance with section 953 of the CMPA (D.C. Official Code § 1-609.53), all appointments to the Management Supervisory Service, except as specifically limited in this chapter, shall be by open competition on the basis of merit by selection from the highest qualified applicants, based on specific job requirements with appropriate regard for affirmative action goals as provided by law and as determined under this chapter.

3804.2 An appointment to the Management Supervisory Service may be made for an indefinite period, or as a time-limited appointment.

3804.3 Because an appointment to the Management Supervisory Service is an at-will appointment, a date specifying the duration of a time-limited appointment shall not prevent the termination of the employee occupying such a position prior to the date specified; provided that the termination is effected pursuant to section 3813 of this chapter.

History

• SOURCE: As amended by Final Rulemaking published at 57 DCR 5455, 5456 (June 25, 2010).

6-B DCMR § 3805 PROHIBITED PERSONNEL PRACTICES

3805.1 No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position in the Management Supervisory Service for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

3805.2 In accordance with the D.C. Human Rights Act of 1977, as amended, the District government does not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, and place of residence or business.

6-B DCMR § 3806 QUALIFICATION STANDARDS AND GENERAL REQUIREMENTS FOR SELECTION

3806.1 A person selected to a position in the Management Supervisory Service shall meet the qualification standards for the position for which selected.

3806.2 Suitability requirements applicable to the Management Supervisory Service are specified in Chapter 4 of these regulations.

3806.3 Whenever the practice of certain occupations and professions is subject to licensure requirements (as established by District, state, or federal law), the possession of a license shall constitute a qualification requirement for the position.

3806.4 Selection procedures for the Management Supervisory Service shall be based on a job analysis designed to identify and evaluate the factors that are important in evaluating candidates, as well as the following:

(a) The basic duties and responsibilities of the position; or

(b) The tasks or the knowledge, skills, and abilities required to perform the duties and carry out the responsibilities of the position.

3806.5 The personnel authority may require an applicant to provide documentary evidence of his or her qualifications for an appointment in the Management Supervisory Service.

6-B DCMR § 3807 COMPETITIVE AND NON-COMPETITIVE PLACEMENT

3807.1 Except as otherwise provided in this chapter, competitive procedures shall apply to all initial appointments to the Management Supervisory Service, and subsequent assignments and placements to positions within the Management Supervisory Service, as follows:

(a) Promotions;

(b) Temporary promotions exceeding one hundred twenty (180) days;

(c) Selection for a detail for more than two hundred forty (240) days to a position at a higher grade or to a position at the same grade level with known promotion potential; and

(d) Selection for a position, including by reassignment or demotion, with more promotion potential than the last grade held under a Management Supervisory Service competitive appointment.

3807.2 Competitive procedures shall not apply to the following actions within the Management Supervisory Service:

(a) The following types of Management Supervisory Service promotions:

(1) A promotion resulting from the upgrading of a position without significant change in the duties and responsibilities due to issuance of a new classification standard or the correction of an initial classification error;

(2) A promotion resulting from an employee’s position being reclassified at a higher grade because of accretion of additional duties and responsibilities without planned management action;

(3) A career ladder promotion if the original competition for the position clearly established the career ladder; or

(4) A temporary promotion under this chapter for a period of 180 days or less.

(b) An indefinite reassignment or transfer to a position of the same grade with no known promotion potential or with no greater promotion potential than the position previously held;

(c) A temporary reassignment for a period of 180 days or less;

(d) A reassignment or demotion pursuant to section 3809 of this chapter;

(e) Consideration of a candidate not given proper consideration in a competitive promotion action; or promotion of an employee who was denied promotion as a result of other error, on order of the D.C. Department of Human Resources or independent personnel authority; and

(f) A detail of 240 days or less to a position at a higher grade or to a position with known promotion potential.

3807.3 While this chapter does not include time-in-grade requirements or restrictions for promotion to or within the Management Supervisory Service (MSS) that would prevent a MSS employee from advancing to a higher grade position before serving at the lower grade for at least one (1) year, agencies must exercise discretion concerning any such promotions, and consider establishing internal controls and procedures to handle such promotions, with regard to equity and reasonableness.

3807.4 The following criteria shall be followed when considering promoting an employee to or within the Management Supervisory Service when the employee meets the qualifications requirements for the higher grade position but has served at the lower grade level for less than one (1) year. Under such circumstances, consideration shall be given to the following:

(a) The employee’s total work history;

(b) The employee’s education, superior academic credentials, or superior academic achievements;

(c) Any work performed by the employee that is related to the higher grade position and at a level at least commensurate (equivalent) to the higher grade position;

(d) Any negative impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on other agency Management Supervisory Service employees;

(e) The impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on the agency’s salary structure; or

(f) Hardship, inequity, or especially meritorious cases.

3807.5 An employee’s salary history (i.e., previous higher salary) shall not automatically be considered as the determining factor in the employee’s promotion under the circumstances and criteria described in section 3807.4 of this section; however, it may be considered along with the criteria listed in that section.

3807.6 An employee promoted under the circumstances described in section 3807.4 of this section may be advanced more than two (2) grade levels at a time.

History

• SOURCE: Final Rulemaking published at 57 DCR 5455 (June 25, 2010); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3807

6-B DCMR § 3808 COMPETITIVE SELECTION

3808.1 Competitive selection procedures shall consist of assembled examinations, which may include written, oral, or performance examinations, or a combination thereof; or unassembled examinations, which may include but shall not be limited to the establishment of crediting plans (for ranking), selection panels, or interview panels, or a combination of more than one (1) of these recruitment and selection methods.

3808.2 Each competitive selection shall result from appropriate recruitment activities and a vacancy announcement made available to applicants.

3808.3 The following employees shall be referred to selecting officials in subordinate agencies along with other qualified candidates, for interview by management and special consideration for placement and advancement for Management Supervisory Service positions they apply for; provided that no person referred for such special consideration shall be selected ahead of a candidate claiming the residency preference pursuant to section 957 of the CMPA (D.C. Official Code § 1-609.57), if any:

(a) Graduates of the District government’s Certified Public Manager Program; and

(b) Persons appointed as Capital City Fellows.

3808.4 The Director, D.C. Department of Human Resources (DCHR), may issue procedures for the implementation of section 3808.3 of this section.

History

• SOURCE: Final Rulemaking published at 56 DCMR 2724 (April 10, 2009); as amended by Final Rulemaking published at 57 DCR 5455, 5459 (June 25, 2010).

6-B DCMR § 3809 PLACEMENT BY REASSIGNMENT OR DEMOTION

3809.1 A personnel authority may fill a vacancy within the Management Supervisory Service by reassignment of a Management Supervisory Service employee to another position of the same grade and salary, either competitively or non-competitively, as provided in this section.

3809.2 When, as a result of attrition, reductions in force, reorganizations, or approved realignments within an agency, a Management Supervisory Service employee ceases to perform managerial or supervisory functions or duties, the employing agency may reassign or demote the employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies; provided that there is no reduction in the benefits of the employee, and the position has no greater promotion potential than the position previously held.

3809.3 An agency may determine that it is necessary to reassign or demote a Management Supervisory Service employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies, for reasons other than those listed in section 3809.2 of this section. In such cases the reassignment or demotion may be effected; provided that the position has no greater promotion potential than the position previously held.

3809.4 A time-limited reassignment may be made for a period not to exceed one (1) year.

3809.5 A time-limited reassignment exceeding 180 days to a position with established promotion potential higher than the currently held position will be effected competitively.

3809.6 Any reassignment or demotion under the circumstances described in sections 3809.2 and 3809.3 of this section shall be effected non-competitively.

3809.7 An employee may voluntarily accept a reassignment or demotion pursuant to sections 3809.2 or 3809.3 of this section, or be terminated as specified in section 3813 of this chapter.

3809.8 In addition to a reassignment or demotion within the employing agency as specified in sections 3809.2 and 3809.3 of this section, a Management Supervisory Service employee may be reassigned or demoted non-competitively to a vacant Management Supervisory Service position from one subordinate agency to another subordinate agency; provided that all of the following criteria are met:

(a) The two (2) subordinate agencies involved mutually agree with the reassignment or demotion action;

(b) There is no reduction in the benefits of the employee;

(c) The position being reassigned or demoted to has no greater promotion potential than the position previously held; and

(d) The Management Supervisory Service employee qualifies for the position being reassigned or demoted to.

History

• SOURCE: Final Rulemaking published at 57 DCR 5455 (June 25, 2010); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3809

6-B DCMR § 3810 MANAGEMENT SUPERVISORY SERVICE SKILLS MAINTENANCE AND ENHANCEMENT

3810.1 In accordance with section 955 of the CMPA (D.C. Official Code § 1-609.55), each employee appointed to the Management Supervisory Service will be required to maintain and enhance his or her management and supervisory skills through mandatory training courses every year, as prescribed by the personnel authority.

3810.2 Failure of a Management Supervisory Service employee to complete the prescribed training within time frames specified by the personnel authority may result in administrative action against the employee.

History

• SOURCE: As amended by Final Rulemaking published at 57 DCR 5455, 5460 (June 25, 2010).

6-B DCMR § 3811 PERFORMANCE EVALUATION SYSTEM FOR MANAGEMENT SUPERVISORY SERVICE EMPLOYEES

3811.1 Except as provided in Chapter 14 of these regulations, the performance of employees in the Management Supervisory Service shall be evaluated utilizing the performance management system in that chapter.

6-B DCMR § 3812 RESIDENCY PREFERENCE FOR MANAGEMENT SUPERVISORY SERVICE

3812.1 The regulations relating to residency, veterans’ and foster care youth employment preferences set out at §§ 212, 213, and 214, shall apply to Management Supervisory Service employees.

History

• SOURCE: Final Rulemaking published at 57 DCR 5455 (June 25, 2010); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3812

6-B DCMR § 3813 EMPLOYEE RIGHTS UPON TERMINATION

3813.1 An appointment to the Management Supervisory Service is an at-will appointment. A person appointed to a position in the Management Supervisory Service serves at the pleasure of the appointing authority, and may be terminated at any time. An employee in the Management Supervisory Service shall be provided a fifteen-day (15-day) notice prior to termination.

3813.2 No termination action shall be initiated under this chapter unless first authorized by the agency head (or designee) and the Director, D.C. Department of Human Resources (DCHR), or independent personnel authority, as applicable; except that a termination of a Management Supervisory Service employee in the DCHR shall be first authorized by the Director, DCHR (or designee), and the Chief of Staff for the Mayor.

3813.3 In accordance with Section 954 of the CMPA (D.C. Official Code § 1-609.54 (b)), at the discretion of the agency head, an employee in the Management Supervisory Service may be paid severance pay upon termination for non-disciplinary reasons according to his or her length of employment in the District government, as follows:

Length of Employment

Maximum Severance

Up to 6 months

2 weeks of the employee’s basic pay

6 months to 1 year

4 weeks of the employee’s basic pay

1 to 3 years

8 weeks of the employee’s basic pay

More than 3 years

10 weeks of the employee’s basic pay

3813.4 Severance pay shall not be paid to any individual who has accepted an appointment to another position in the District government without a break in service of three (3) days or more.

3813.5 At the discretion of the personnel authority, an employee in the Management Supervisory Service who separates, may within three (3) months of the effective date of the termination retreat to a vacant position within the agency to which he or she was promoted and for which he or she qualified; provided, he or she has Career or Educational Service status or Excepted Service status (only applicable to appointments as attorneys in the Excepted Service).

3813.6 A retreat in accordance with Subsection 3813.5 of this section shall be to a position in the service in which the person acquired status.

3813.7 Terminations from the Management Supervisory Service are not subject to administrative appeals.

History

• SOURCE: Final Rulemaking published at 55 DCR 7974 (July 25, 2008); as corrected by Errata Notice published at 56 DCR 2169; as amended by Final Rulemaking published at 57 DCR 5455 (June 25, 2010); as amended by Final Rulemaking published at 61 DCR 4428 (May 2, 2014); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3813

6-B DCMR § 3899 DEFINITIONS

For the purposes of this chapter, the following terms have the meaning ascribed:

Agency - any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” also includes any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.

Assembled examination - a computerized or multiple-choice written examination or test which may include a typing or data-entry skills test.

Break in service – the period between separation and reemployment.

Days ─ calendar days for all periods of more than ten (10) days and business days for all periods of ten (10) days or less, unless otherwise specified.

Demotion – the change of an employee to a lower grade, or to a position with a lower rate of pay, when both the old and new positions are under the same pay schedule or in different pay schedules.

Disciplinary reasons - includes but is not limited to behavior that negatively impacts the integrity of government operations or that is contrary to established standards, policies, or procedures; failure to meet specific requirements for the position the employee occupies, such as professional licensing or certification requirements; and failure to meet established performance goals, unsatisfactory or poor performance, incompetence, or any other performance-related deficiencies.

Manager - an employee vested with the authority to direct the work of an organization, held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the progress of an organization toward meeting goals, and making adjustments in objectives, work plans, schedules and commitment of resources. A manager serves as head or assistant head of a major organization, or specialized project of marked difficulty, responsibility or community significance.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in section 401 of the CMPA (D.C. Official Code § 1-604.01 et seq.).

Promotion - the change of an employee while continuously employed, from one grade to a higher grade under the Management Supervisory Service Schedule, or between pay systems.

Reassignment – the change of an employee from one position to another position with the same (exact) representative rate without promotion or demotion.

Supervisor - incumbent of a position that accomplishes work through the direction of other employees and meets at least the minimum requirements for coverage under the appropriate supervisory grade evaluation guide.

Transfer – a change, without a break in service of a full workday, of a Management Supervisory Service (MSS) employee to another MSS position without promotion or demotion, and under a different personnel authority.

Unassembled examination - an examination that does not require a written test.

History

• SOURCE: Final Rulemaking published at 57 DCR 5455, 5461 (June 25, 2010); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 3899

6-B39 [REPEALED]

6-B DCMR § 3900 DRIVERS OF COMMERCIAL MOTOR VEHICLES

3900 DRIVERS OF COMMERCIAL MOTOR VEHICLES

3900.1 Pursuant to section 2011 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-620.11) (2001), the federal regulations issued pursuant to 49 U.S.C. § 31306 (currently, 49 C.F.R. Parts 382-385) shall apply to individuals who are employed, or who are candidates for employment, as drivers of commercial motor vehicles.

The provisions of section 3900.1 of this section, and the regulations incorporated by reference therein, shall apply to agencies under the personnel authority of the Mayor and other personnel authorities, and to individuals who are employed by or who are candidates for employment in those agencies and personnel authorities as drivers of commercial motor vehicles.

History

• SOURCE: Repealed by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).

6-B DCMR § 3901 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: GENERAL PROVISIONS

3901.1 Pursuant to Title I of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 13-353; D.C. Official Code § 1-620.31 et seq.) (2006 Repl.), as amended by section 4 (b) of the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; D.C. Official Code § 1-620.33) (2007 Supp.), and as a means of ensuring the health and safety of children and youth, a Mandatory Drug and Alcohol Testing Program for Safety-Sensitive Positions (Program) has been established within the District government. The purpose of the Program is to test appointees (new hires) into and employees in safety-sensitive positions for illegal drug and alcohol use, and including random, reasonable suspicion, and post-accident testing.

3901.2 Each personnel authority with safety-sensitive positions shall contract with a professional testing vendor or vendors to conduct testing under the Program. The vendor or vendors shall ensure quality control, chain-of-custody for samples, reliable collection and testing procedures, and any other safeguards needed to guarantee accurate and fair testing, in accordance with the procedures in 49 C.F.R. Part 40, and District government procedures.

3901.3 The vendor or vendors selected to conduct the testing shall be certified by the United States Department of Health and Human Services (HHS) to perform job-related drug and alcohol forensic testing.

3901.4 District government employees in safety-sensitive positions shall be given written notice that the District government is implementing a drug and alcohol testing program for safety-sensitive positions pursuant to D.C. Official Code § 1-620.31 et seq., at least thirty (30) days in advance of implementation of the Program. No employee shall be tested prior to receiving the thirty-day (30-day) initial notification of the Program.

3901.5 The Director, D.C. Department of Human Resources (DCHR), shall develop operating policies and procedures for the Program for agencies subordinate to the Mayor that have safety-sensitive positions.

3901.6 The provisions of the Program are specified in sections 3902 through 3910 of this chapter.

3901.7 Position vacancy announcements for positions identified and designated as safety-sensitive shall include a statement informing each applicant that:

(a) The position for which he or she is applying has been identified and designated as a safety-sensitive position subject to mandatory drug and alcohol testing;

(b) If tentatively selected for the safety-sensitive position, he or she will be required to submit to testing for illegal drug use prior to appointment, and that appointment to the position will be contingent upon a negative drug test result; and

(c) Once hired into a safety-sensitive position, he or she shall be subject to mandatory random drug or alcohol testing.

3901.8 The position description for each position designated as safety-sensitive shall include a statement of such designation and a statement indicating that incumbents of the position shall be subject to testing for drug and alcohol use.

3901.9 The Director, DCHR, shall publish the list of safety-sensitive positions in agencies under the personnel authority of the Mayor, in the District Personnel Manual (or any other procedural manual developed). The list shall be updated periodically, as needed.

6-B DCMR § 3902 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: APPLICABILITY

3902.1 Pursuant to D.C. Official Code § 1-620.32 (a) (2006 Repl.), the following appointees and District government employees shall be subject to drug and alcohol testing:

(a) An appointee (new hire) to a safety-sensitive position with a District government agency;

(b) A District government employee in safety-sensitive position who has a reasonable suspicion referral; and

(c) A post-accident District government employee in a safety-sensitive position, as soon as reasonably possible after the accident.

3902.2 The following subordinate agencies shall be covered under the Program, on the basis that each one of these agencies, as a whole or certain components thereof, has safety-sensitive positions:

(a) Department of Human Services;

(b) Department of Health;

(c) Department of Parks and Recreation;

(d) Fire and Emergency Medical Services Department;

(e) Metropolitan Police Department;

(f) Traffic Safety Administration within the District Department of Transportation;

(g) Office of the State Superintendent of Education;

(h) Department of Youth Rehabilitation Services;

(i) Department of Employment Services;

(j) Department of Mental Health;

(k) Child and Family Services Agency;

(l) Department of Disability Services;

(m) District Department of the Environment, Natural Resources Administration, Fisheries and Wildlife Division, Fisheries Management Branch, Aquatic Resource Education Center;

(n) D.C. Public Schools; and

(o) Any other subordinate or independent District government agency subject to these regulations, including an agency which, as a result of a permanent or a temporary change to its mission such as may be caused by reorganization or any other similar reason, come to have safety-sensitive positions.

3902.3 While not listed in section 3902.2 of this section, the provisions of sections 3901 through 3910 of this chapter shall apply to independent agencies covered by this chapter, such as the D.C. Public Library, that have safety-sensitive positions as that term is defined in the Act.

3902.4 The D.C. Department of Human Resources may execute a Memorandum of Understanding to conduct drug and alcohol testing under the Act for an independent agency with safety-sensitive positions.

History

• SOURCE: As amended by Final Rulemaking published at 56 DCR 4354 (June 5, 2009).

6-B DCMR § 3903 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: STANDARDS FOR THE IDENTIFICATION OF POSITIONS SUBJECT TO TESTING

3903.1 Upon consulting with the head of a District government agency with safety-sensitive positions, the appropriate personnel authority shall identify and determine which positions in the agency shall be designated safety-sensitive positions subject to mandatory drug and alcohol testing under the Program. In identifying the safety-sensitive positions, the personnel authority shall ensure that the duties and responsibilities of each position require the provision of services that affect the health, safety, and welfare of children or youth or services for the benefit of children or youth, including but not limited to at least one (1) of the following duties and responsibilities:

(a) Childcare duties;

(b) Recreational activities;

(c) Delinquency prevention and control services, including custody, security, supervision, and residential and community support services for committed and detained juvenile offenders;

(d) Educational activities;

(e) Individual counseling;

(f) Group counseling;

(g) Assessment, case management, and support services;

(h) Psychiatric and psychological assessment services;

(i) Developmental, speech, and language evaluation services;

(j) Diagnostic evaluation and treatment services;

(k) Childhood development services;

(l) Medical or clinical services;

(m) Therapeutic services, including individual and group therapy, and play therapy;

(n) Prevention and intervention services;

(o) Mentoring services;

(q) Youth care services;

(p) Healthcare services, including medical, behavioral, mental health, dental, vision, nutrition, or developmental services;

(r) Cultural enrichment services;

(s) Public safety services, including counseling or education intervention services about safety, crime prevention, fire safety, or youth problem-solving;

(t) Youth employment services; or

(u) Driving a motor vehicle to transport children or youth.

3903.2 The following standards shall be applied in designating a position as safety-sensitive:

(a) The underlying guiding standard to be applied in identifying safety-sensitive positions shall be one of reasonableness, coupled with the standards outlined in section 3903.2 (b) through (f) of this section, as applicable.

(b) A determination that a position is a safety-sensitive position shall be based on a comprehensive analysis of the position description or statement of duties, as applicable. The purpose of the analysis shall be to determine if the position description or statement of duties contains at least one (1) of the duties and responsibilities listed in section 3903.1 of this section or similar duties and responsibilities and that any incumbent of the position will perform the duties and responsibilities personally and routinely.

(c) Location in a District government agency with safety-sensitive positions does not automatically make a position or its incumbent subject to testing under the Program.

(d) Strictly tangential, casual, or occasional contact with children or youth does not automatically make an employee subject to testing under the Program.

(e) Administrative, clerical, or technical support positions and staff within the immediate office of the head of a District government agency with safety-sensitive positions, and other components, units, or divisions of the agency that provide non-operational support services shall not be subject to testing under the Program unless the position descriptions or statements of duties, as applicable, contain at least one (1) of the duties and responsibilities listed in section 3903.1 of this section, or similar duties and responsibilities related to the direct provision of services to children or youth, and a determination is made that any incumbents of the positions will perform the duties and responsibilities personally and routinely.

(f) An employee whose assignment changes from non-covered duties and responsibilities to covered duties and responsibilities shall be subject to testing under the Program while in the covered temporary assignment.

6-B DCMR § 3904 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS - NOTIFICATION REQUIREMENTS

3904.1 Pursuant to D.C. Official Code § 1-620.35 (a) (2006 Repl.), the Mayor and other personnel authorities with safety-sensitive positions shall:

(a) Issue a drug and alcohol testing policy; and

(b) Notify employees in safety-sensitive positions at least thirty (30) days in advance of implementing the Program.

3904.2 The drug and alcohol testing policy shall inform employees in safety-sensitive positions of all of the following:

(a) Which employees will be tested;

(b) Circumstances under which an employee will be tested;

(c) The methodology to be used for testing; and

(d) The consequences of a positive test result.

3904.3 Each employee occupying a safety-sensitive position shall sign an acknowledgment that he or she received the employee notification informing him or her of the requirements for alcohol and drug testing under the Program.

3904.4 Upon acknowledging receipt of the written notification, each employee occupying a safety-sensitive position shall be given one (1) opportunity to seek treatment if he or she acknowledges a drug or alcohol problem. An employee who so acknowledges a drug or alcohol problem shall be allowed to undergo and complete a counseling and rehabilitation program, and shall not be subject to administrative action while completing the counseling and rehabilitation program; however, the employing agency shall immediately detail the employee to a non safety-sensitive position while he or she completes the counseling and rehabilitation program.

6-B DCMR § 3905 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: TESTING

3905.1 Appointees and District government employees subject to testing under the Program shall be tested for drug and alcohol use as specified in this section and section 3906 of this chapter.

3905.2 A final offer of appointment to a covered position shall not be made until after the results of any test conducted are received and it is determined that the test result is negative.

3905.3 Pursuant to D.C. Official Code § 1-620.32 (b) (2006 Repl.), District government employees in safety-sensitive positions shall be subject to random testing, unless the employing agency has additional requirements for drug and alcohol testing of its employees, in which case the stricter testing requirements shall apply.

3905.4 A District government employee who is required to drive a motor vehicle to transport children or youth in the course of performing his or her official duties shall be deemed to have given his or her consent, subject to the conditions of sections 3901 through 3910 of this chapter, to the testing oh the employee’s urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has reasonable cause or a police officer arrests such employee for a violation of the law and has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District of Columbia while the employee’s alcohol concentration was 0.08 grams or more per two hundred and ten (210) liters of breath; or while under the influence of an intoxicating liquor or any drug or combination thereof; or while the employee’s ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor.

3905.5 An employee who acknowledges a drug or alcohol problem upon receiving the initial thirty-day (30-day) notification, and who completes a counseling and rehabilitation program for illegal drug use or alcohol abuse, shall be tested before being allowed to return to the safety-sensitive position he or she occupied before completion of such a program. After returning to the safety-sensitive position, the employee shall be subject to testing as specified in sections 3905.3 and 3905.4 of this section and section 3908 of this chapter, as applicable.

6-B DCMR § 3906 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: TESTING METHODOLOGY

3906.1 Testing for illegal drug use shall be conducted by collecting a urine sample from the individual being tested.

3906.2 Testing for alcohol use shall be conducted utilizing an evidentiary breath-testing device or EBT, commonly referred to as a “breathalyzer.”

3906.3 The vendor or vendors selected to conduct the testing shall conduct the breathalyzer test for alcohol use; or collect urine specimens on site for drug testing at a location designated by each personnel authority for such purposes.

3906.4 In the case of drug testing, the vendor shall split each sample and perform enzyme-multiplied-immunossay technique (EMIT) testing on one (1) sample and store the split of that sample. A positive EMIT test shall be confirmed by the vendor, using the gas chromatography/mass spectrometry (GCMS) methodology.

3906.5 The appropriate personnel authority shall notify, in writing, any appointee or employee in a safety-sensitive position found to have a confirmed positive urinalysis test result. The appointee or employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation, using the GCMS testing method.

3906.6 Probable cause or reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in this section. In the case of a reasonable suspicion referral, as confirmed by a second supervisor, or a post-accident employee, a supervisor shall escort the employee to the vendor’s test site for specimen collection or a breathalyzer.

3906.7 In the event that a covered employee may require medical care following an accident, medical care shall not be delayed for the purpose of testing.

3906.8 A breathalyzer test shall be deemed positive if the vendor determines that one (1) milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.

6-B DCMR § 3907 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: POSITIVE DRUG AND ALCOHOL TESTS

3907.1 The following shall be grounds for termination of employment, provided that the notification requirements in section 3904 of this chapter have been met:

(a) A confirmed positive drug test result;

(b) A positive breathalyzer test;

(c) Refusal to submit to a drug test or breathalyzer; or

(d) In the case of an employee who acknowledged a drug and alcohol problem as specified in section 3904.4 of this chapter, failure to complete the counseling and rehabilitation program, or a confirmed positive drug test result for the test conducted upon completion of the counseling and rehabilitation program pursuant to section 3905.5 of this chapter.

3907.2 The appropriate personnel authority shall decline to make a final offer of employment to a safety-sensitive position to an appointee if he or she:

(a) Refuses to take the required drug test; or

(b) Has a confirmed positive drug test result.

3907.3 A person described in section 3907.2 of this section shall not reapply for appointment to a safety-sensitive position with the District government for a period of one (1) year from the date of his or her refusal to take the required drug test or the date of the confirmed positive test result, as applicable.

3907.4 A District government employee who is terminated for any of the events described in section 3907.1 of this section shall be denied subsequent appointment to a safety-sensitive position with the District government for a period of one (1) year from the date of any of these events.

6-B DCMR § 3908 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: REASONABLE SUSPICION REFERRALS

3908.1 The immediate supervisor or manager of an employee occupying a safety-sensitive position shall make a reasonable suspicion referral for testing of an employee in a safety-sensitive position when there is a reasonable suspicion that the employee is under the influence of illegal drugs or alcohol to the extent that the employee is too impaired to perform his or her duties.

3908.2 Prior to contacting the appropriate personnel authority to make a referral under this section, the supervisor or manager shall:

(a) Have probable cause or reasonable suspicion that the employee is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired;

(b) Gather all information and facts to support this suspicion; and

(d) Receive a second opinion from another supervisor or manager.

3908.3 A reasonable suspicion referral may be based on direct observation of illegal drug use or possession, physical symptoms of being under the influence of illegal drugs, or intoxicated by alcohol, a pattern of erratic behavior, work performance indicators of drug or alcohol abuse, or any other reliable indicators.

3908.4 Testing resulting from a reasonable suspicion referral shall be conducted as specified in sections 3905 and 3906 of this chapter.

6-B DCMR § 3909 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: REQUIRED TRAINING

3909.1 Agencies with safety-sensitive positions shall be responsible for providing training in drug abuse detection and recognition; documentation; intervention; and any other appropriate topics, for supervisors and managers in agencies with covered employees.

6-B DCMR § 3910 MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: RECORD KEEPING AND CONFIDENTIALITY

3910.1 All matters relating to test results and applicants for employment and covered employees involved shall be confidential. All records relating to alcohol and drug testing shall be kept by the appropriate personnel authority in a place apart from employment applications or employees’ official personnel folders.

3910.2 The results of a random test shall not be turned over to any law enforcement agency without the subject’s written consent.

6-B DCMR § 3999 DEFINITIONS

3999.1 When used in this chapter, the following terms shall have the meaning ascribed:

Alcohol - for the purposes of sections 3901 through 3910 of this chapter, the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol, no matter how it is packaged or in what form the alcohol is stored, utilized or found.

Applicant - for the purposes of sections 3901 through 3910 of this chapter, a person who has filed a resume or written application for District government employment in a safety-sensitive position.

Appointee - for the purposes of sections 3901 through 3910 of this chapter, a person who has been made a tentative offer of appointment with the District government in a safety-sensitive position.

Breathalyzer/Evidential Breath Testing Device (EBT) - for the purposes of sections 3901 through 3910 of this chapter, method for measuring the level of alcohol present in an individual.

Children - for the purposes of sections 3901 through 3910 of this chapter, persons twelve (12) years of age and under.

Days - calendar days, unless otherwise specified.

Drugs - for the purposes of sections 3901 through 3910 of this chapter, illegal drugs for which tests are required under 49 C.F.R. part 40, such as marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates; but not authorized prescription medications.

Enzyme-Multiplied-Immunoassay Technique (EMIT) - for the purposes of sections 3901 through 3910 of this chapter, initial method that is used to test for drugs in urine samples.

Gas chromatography mass spectrometry (GCMS) methodology - for the purposes of sections 3901 through 3910 of this chapter, the only authorized confirmation-testing method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.

Personnel authority - a person or entity with the authority to administer all or part of a personnel management program as provided in D.C. Official Code § 1-604.01 et seq.) (2006 Repl.).

Post-accident employee - for the purposes of sections 3901 through 3910 of this chapter, a District government employee in a safety-sensitive position who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of drugs or alcohol on part of the employee.

Probable cause - for the purposes of sections 3901 through 3910 of this chapter, a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

Random testing - for the purposes of sections 3901 through 3910 of this chapter, drug or alcohol testing conducted on a District government employee in a safety-sensitive position at an unspecified time for purposes of determining whether the employee has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.

Reasonable suspicion - for the purposes of sections 3901 through 3910 of this chapter, a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

Reasonable suspicion referral - for the purposes of sections 3901 through 3910 of this chapter, referral of an employee in a safety-sensitive position for testing by the District government for drug or alcohol use.

Safety sensitive position - for the purposes of sections 3901 through 3910 of this chapter, a position with duties and responsibilities that require the incumbent to provide services that affect the health, safety, and welfare of children or youth, including direct care and custody of children or youth, including but not limited to the duties and responsibilities listed in section 3903.1 (a) through (t) of this chapter.

Subordinate agency - any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in section 301 (q) of the CMPA (D.C. Official Code § 1-603.01 (17)) (2007 Supp.).

Youth - for the purposes of sections 3901 through 3910 of this chapter, persons between thirteen (13) and seventeen (17) years of age, inclusive.

6-B40 TRAVEL EXPENSES

6-B DCMR § 4000 PURPOSE AND APPLICABILITY

PURPOSE AND APPLICABILITY

This chapter establishes procedures for requesting, approving, and reimbursing travel expenses incurred by employees for authorized District government purposes.

The provisions in this chapter apply to all employees of the District government under the Mayor’s personnel authority.

This chapter shall apply beginning on October 1, 2020. The Department of Human Resources shall issue all forms referenced in this chapter, issue guidance to District agencies regarding the implementation of this chapter, and provide training opportunities to District government employees on the requirements of this chapter by September 1, 2020.

Except as provided in §§ 4031 through 4035 (regarding local travel), this chapter applies to travel beyond fifty (50) miles from the District of Columbia, as measured from the John A. Wilson Building, located at 1350 Pennsylvania Avenue, N.W.

When an issue relating to the authorization or reimbursement of a travel expense is not covered by this chapter, agencies and employees should be guided by the Federal Travel Regulation, 41 CFR Chapters 300-304, in deciding whether the expense will be authorized or reimbursed.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4000

6-B DCMR § 4001 GENERAL POLICY AND STANDARDS

GENERAL POLICY AND STANDARDS

Travel expenses are necessary, in general, to effectively operate the District government.

For specific employee travel expenses to be reimbursable by the District government, the expenses must be for:

(a) Travel deemed necessary for District government business, including travel for meetings and conferences;

(b) Travel deemed necessary for human capital development beneficial to the District government, including travel for employee training and seminars; and

(c) Emergency travel that interrupts travel approved for a purpose described in paragraphs (a) or (b) of this subsection.

When incurring travel expenses, District employees shall be guided by principles of accountability, transparency, efficiency, and economy.

In being guided by the principles of efficiency and economy, the following general standards shall apply:

(a) An employee traveling for District government purposes shall exercise the same care in incurring travel expenses that a prudent person of modest means would exercise if traveling on personal business. Expenses that would not be incurred by a prudent person of modest means shall not be authorized or reimbursed.

(b) Excessive costs (such as the use of unnecessary routes, extended stays, late fees, higher-level accommodations, and other expenses that are unnecessary or unjustified in the performance of official business) shall not be authorized and shall not be reimbursed.

(c) An agency shall limit the number of travelers (for example, participants at a conference) to the minimum necessary to accomplish the purpose of the travel.

An employee must receive written authorization from his or her agency head, or the agency head’s designee, before incurring any travel expense, unless circumstances beyond the control of the agency or employee make pre-authorization impractical.

4001.6 An employee shall be responsible for payment of all expenses over the reimbursement limits established in this chapter, all expenses not authorized by his or her agency, and all expenses that are otherwise not consistent with the provisions of this chapter or District or federal law.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4001

6-B DCMR § 4002 TRAVEL OFFICERS

TRAVEL OFFICERS

Agency heads shall designate an employee to serve as the agency’s travel officer. In the absence of such a designation, the agency head shall be the travel officer.

Travel officers are responsible for verifying that employee travel and training expenses are reasonable, necessary, consistent with the provisions of this chapter, and in compliance with the policies outlined in § 4001. This includes:

Reviewing the travel requests and supporting documents for accuracy and completeness; and

Ensuring compliance with applicable rules and regulations.

All travel requests and expenses must be approved by the travel officer.

The travel officer shall be responsible for:

Making determinations under the provisions of this chapter (in consultation, where appropriate, with the agency’s general counsel);

Receiving, reviewing, certifying, and processing requests for travel authorizations;

Receiving, reviewing, certifying, and processing requests for advances;

Receiving, reviewing, certifying, and processing requests for reimbursements of travel expenses;

Carrying out other functions specified in this chapter or as assigned by the agency director; and

Taking such actions as are necessary to ensure that the travel officer’s agency is in compliance with this chapter.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4002

6-B DCMR § 4003 TRAVEL EXPENSES AND REIMBURSEMENT, IN GENERAL

TRAVEL EXPENSES AND REIMBURSEMENT, IN GENERAL

4003.1 For the purposes of this chapter, travel expenses include:

Transportation expenses;

Lodging expenses;

Meal and incidental expenses; and

Miscellaneous expenses.

Travel expenses must be reasonable and necessary in order to be paid for or reimbursed by the District government. As used throughout this chapter, an expense is reasonable when it is the least expensive option, taking into consideration government accountability, efficiency, and economy, as well as employee safety.

Subject to the availability of appropriated funds, the District government shall reimburse government travel expenses when approved in accordance with this chapter.

No agency may approve or reimburse travel expenses that could reasonably be perceived to violate the public trust.

4003.5 If, for personal convenience, an employee travels by an indirect route or interrupts travel by a direct route, the employee shall be responsible for costs that exceed the approved cost of travel by a direct route on an uninterrupted basis.

4003.6 If, for personal convenience, an employee travels to the destination earlier than the date and time authorized for official travel or departs the travel destination later than the date and time authorized for official travel (such as by extending the employee’s stay at the travel destination for the purposes of a personal vacation), the employee shall be responsible for costs that exceed the approved cost of travel for the dates and times authorized for official travel.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4003

6-B DCMR § 4004 TRAVEL APPROVALS

TRAVEL APPROVALS

All District government travel must be approved in writing. Approval of training does not itself constitute approval of travel associated with the training.

Travel approval requests shall be submitted, reviewed, and approved using a form approved by the personnel authority. The personnel authority may approve a travel request in another manner where there is a good reason that the approved form cannot be used.

Each travel approval request shall include the following information:

The employee’s name, title, and employee identification number;

The employee’s agency name;

The purpose of the travel;

The travel origin and destination;

The dates of departure and return; and

An estimate of each travel-related expense.

In addition to the information provided pursuant to § 4004.3, each travel approval request shall be accompanied by:

Documentation detailing the cost of the transportation (i.e., a printout of the ticket of intended purchase or of a price comparison website showing the cost of the ticket);

Documentation showing that the cost of transportation is the lowest rate available (i.e., a printout from a price comparison website);

Documentation detailing the cost of any lodging (i.e., a printout of the lodging price or of a price comparison website showing the cost of lodging);

Documentation showing that the cost of lodging is the lowest rate available (i.e., a printout from a price comparison website);

Documentation detailing the per diem lodging rate for the destination, if applicable (i.e., a printout from the General Services Administration (GSA) website); and

Documentation detailing the per diem meal and incidental expense rate for the travel destination (i.e., a printout from the GSA website).

If a travel authorization request is for a conference, training, or other event, the request shall include, in addition to the information required by §§ 4004.3 and 4004.4, the following:

A copy of the brochure, flyer, letter of invitation, or announcement for the event;

The agenda for the event, if applicable; and

The registration pricing information (including early bird deadlines).

4004.6 If transportation costs exceed basic coach-class service (or its equivalent); lodging costs exceed the lowest cost available; or costs otherwise deviate from the provisions of this chapter, a written justification shall accompany the travel authorization request.

Travel approvals shall be processed as indicated in § 4017.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4004

6-B DCMR § 4005 TRANSPORTATION EXPENSES

TRANSPORTATION EXPENSES

The District shall pay for or reimburse transportation expenses incurred for approved employee travel to the extent authorized by the employee’s agency and consistent with this chapter.

Allowable transportation expenses include:

Transportation from the employee’s authorized point of origination (see § 4026) to an airport, train station, bus depot, or other authorized point of departure (such as a car rental location);

Airfare, train fare, or other necessary transportation expenses (such as expenses of a rental car) from the travel departure city to the travel destination city;

Transportation from the travel destination airport, train station, or bus depot to the employee’s travel lodging;

Transportation while at the travel destination (for example, a shuttle bus or taxi ride from the employee’s lodging to a meeting location);

Return transportation from the employee’s lodging to the destination airport, train station, or bus depot;

Return airfare, train fare, or other necessary transportation expenses from the destination city to the return city (generally the travel departure city); and

Transportation from the return city airport, train station, or bus depot or other authorized point of return (such a car rental location) to the employee’s home, office, or other authorized point of return (see § 4026).

4005.3 If an employee does not travel by the approved method or class of transportation, any additional expenses incurred which exceed the cost of the authorized method or class of transportation shall be borne by the employee.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4005

6-B DCMR § 4006 GROUND TRANSPORTATION

GROUND TRANSPORTATION

(a) Ground transportation subject to reimbursement includes heavy rail (such as Amtrak, MARC, and Virginia Railway Express) and intercity bus service (see § 4007), as well as public transit systems (including subway, bus, and light rail), taxis, ride-hailing services (such as electronically hailed personal vehicles), shared-ride services (such as shared van service to or from an airport, or bikeshare), shuttles, and other similar means of transportation.

(b) For the purposes of this section, ground transportation does not include transportation by government or rental vehicles, which is covered by § 4008, or transportation by personal vehicles, which is covered by § 4009.

An agency may authorize the reimbursement of the costs of ground transportation for the following travel:

From the employee’s authorized point of origination to a common carrier (for example, Metrorail from the employee’s office to National Airport);

From an airport, train station, or bus depot to the employee’s place of lodging or place of official business (for example, from the destination airport to the employee’s destination hotel);

To, from, and between the employee’s place of lodging and official business;

Between places of official business while traveling;

To obtain meals at nearby locations when the nature and location of the official business or lodging necessitate such travel and the necessity is explained on the approved expense reimbursement form;

From the employee’s place of lodging or place of official business to the airport, train station, or bus depot (for example, from the convention center at the destination location to the destination airport); and

From the airport, train station, or bus depot to the employee’s authorized point of return (for example, Metrorail from National Airport to the employee’s office).

An employee shall use courtesy transportation services, such as those furnished by places of lodging, to the maximum extent possible and as a first source of transportation between a place of lodging and common carrier terminals, places of official business, and meal locations.

Whenever courtesy transportation services are not readily available, employees shall use the mode of ground transportation that is the least expensive mode of transportation, taking into consideration employee safety, cost, and efficiency.

Tips more than twenty percent (20%) for a taxi, shuttle, ride hailing service, or similar means of transportation shall not be reimbursed. Tips exceeding two dollars ($2) per courtesy shuttle shall not be reimbursed.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4006

6-B DCMR § 4007 HEAVY RAIL AND INTERCITY BUS

HEAVY RAIL AND INTERCITY BUS

4007.1 If heavy rail or intercity bus service is approved by an agency as a mode of employee travel, an agency shall pay for, and an employee shall only be reimbursed for, the cost of the lowest-price coach class heavy rail (for example, Amtrak) or intercity bus service that reasonably meets the travel needs of the employee, unless another class of service is authorized under § 4007.3.

4007.2 To determine and obtain the lowest-price coach class fare that reasonably meets the travel needs of the employee, the employee shall:

(a) Compare prices online at the heavy rail or bus carrier website; and

(b) Arrange for the purchase of transportation as far as possible in advance in order to ensure that the lowest prices are available.

An agency may approve a class of service other than basic, coach-class service if:

No basic, coach-class service is reasonably available and the travel cannot be rescheduled in a manner that is advantageous to the government;

Use of other than basic, coach-class service is necessary to accommodate a medical disability or other special need;

Regularly scheduled heavy rail or bus service between the origin and destination points only provide classes of service that are not basic, coach-class service; or

The use of other than basic, coach-class service results in an overall cost savings to the government, for example by avoiding additional travel expenses, overtime, or lost productive time while awaiting or using basic, coach-class service.

Mere preference or convenience is not an acceptable factor for an agency to consider.

An employee may upgrade to other than basic, coach-class service, or to preferred seating or service in coach-class accommodations, at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4007

6-B DCMR § 4008 GOVERNMENT AND RENTAL VEHICLES

GOVERNMENT AND RENTAL VEHICLES

A government or rental vehicle may be authorized as a means of transportation to the travel destination and as a means of transportation while at the destination.

Whenever practical, a government vehicle shall be used for ground travel to and from travel destinations within one hundred (100) miles of the District of Columbia, as measured from the John A. Wilson Building.

If a government or rental vehicle is authorized as a mode of travel, the vehicle may be used at the destination only for the following purposes:

To travel between places of official business;

To travel between a place of official business and a place of lodging; and

To travel between either a place of official business or a place of lodging and a restaurant, drug store, place of medical care, place of worship, or similar place necessary for the sustenance, comfort, or health of the employee (“necessary place”) to foster the continued efficient performance of government business, provided the employee shall minimize such use by traveling to the nearest necessary place and by combining trips to multiple necessary places.

Except for collision damage waivers, personal accident insurance, or theft insurance for travel within the United States, the District shall reimburse authorized and reasonable expenses associated with the use of government and rental vehicles, including the costs of fuel, parking fees, and tolls.

When a government vehicle is used, fuel shall be obtained in accordance with rules and procedures established by the Department of Public Works.

When authorized, the actual cost of fuel, parking, and toll expenses shall be reimbursed.

4008.5 An employee shall rent, and the agency shall only reimburse the expenses of, the least expensive compact car available, unless a waiver for another class of vehicle is approved by the employee’s agency. In general, a waiver should only be approved when:

Use of a class of vehicle other than a compact car is necessary to accommodate a special need;

The cost of a class of vehicle other than a compact car is less than or equal to the cost of the least expensive compact car;

Additional room is required to accommodate multiple employees authorized to travel together in the same rental vehicle;

An employee must carry a large amount of District government material, and a compact rental vehicle does not contain sufficient space for the material; or

When necessary for safety reasons, such as during severe weather.

4008.6 An employee shall refuel a rental vehicle before returning the rental vehicle to the drop-off location. An employee shall not be reimbursed for purchasing a pre-paid refueling option for a rental car or for rental car vendor refueling charges; except, that if it is not practical to refuel completely prior to returning the rental vehicle because of safety issues or the location of the closest fueling station, the employee may be reimbursed for rental car vendor refueling charges.

An employee shall be responsible for any additional cost resulting from unauthorized use of a government or rental vehicle and may be subject to administrative and criminal liability for misuse of government property.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4008

6-B DCMR § 4009 EMPLOYEE VEHICLES

EMPLOYEE VEHICLES

An employee may use his or her personal vehicle for official government business only when authorized by the employing agency.

An agency shall approve the use of an employee’s personal vehicle only when use of a common carrier, government vehicle, or rental vehicle is not reasonable under the circumstances. Use of personal vehicles shall be in accordance with the District’s policy regarding the use of personal vehicles, including Mayor’s Order 2009-210.

Reimbursement for use of a personal vehicle shall be determined by multiplying the distance traveled, by the applicable mileage rate (see § 4009.5).

The following standards shall apply to the calculation of mileage associated with the use of personal vehicles:

Mileage shall be calculated based on the distance between the authorized point of origination and the authorized destination, the distances traveled while within the destination jurisdiction, and the distance between the authorized destination and the authorized point of return.

The distances shall be determined as shown in an online mapping service or the actual miles driven as determined from odometer readings.

When travel originates from a location other than the authorized point of origination, or terminates at a location other than the authorized point of return, the mileage claimed shall be limited to the distance between the destination and the authorized point of return.

The mileage rate shall be the rate published in the most recent Federal Travel Regulation bulletin establishing such rate or the rate displayed on the General Service Administration’s website (http://www.gsa.gov/mileage).

When a personal vehicle is the authorized method of transportation, reimbursable expenses in addition to mileage shall include parking fees and bridge, road, ferry, and tunnel fees. Non-reimbursable expenses include charges for repairs, depreciation, replacements, grease, oil, antifreeze, towing, fuel, insurance, and state and federal taxes. Parking and tolls shall be reimbursed at the actual rate and shall be accompanied by a receipt, regardless of amount.

An employee’s use of a personal vehicle may also be approved for transportation between his or her authorized origination point and an airport, train station, or bus depot from which the employee will depart for and arrive to if another means of transportation is not reasonably available.

If an employee uses a personal vehicle for transportation to or from an airport, train station, or bus depot, when another means of transportation was authorized, the employee may be reimbursed for the expenses associated with the use of his or her personal vehicle pursuant to the standards, and at the rates, described in this section, except that the agency may reimburse such expenses (including mileage and parking expenses) only up to an amount equal to the estimated cost of the authorized mode of transportation.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4009

6-B DCMR § 4010 RESPONSIBILITY FOR TICKETS

RESPONSIBILITY FOR TICKETS

4010.1 An employee shall be responsible for paying tickets for any moving or non-moving infractions, such as speeding tickets and parking tickets.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4010

6-B DCMR § 4011 AIR TRAVEL

AIR TRAVEL

4011.1

(a) If air travel is approved by an agency as a mode of employee travel, an agency shall only pay for, and an employee shall only be reimbursed for, the cost of the lowest-price basic coach class airfare that reasonably meets the travel needs of the employee, unless another class of service is authorized under § 4011.3.

(b) In determining whether a ticket reasonably meets the travel needs of the employee, the agency may consider the reduced time of travel and added convenience of non-stop transportation; however, it will generally be considered reasonable for an employee to travel with one (1) stop with a layover of two (2) hours or less. Mere preference or convenience is not an acceptable factor for an agency to take into account.

4011.2 To determine and obtain the lowest-price coach class fare that reasonably meets the travel needs of the employee, the employee shall:

Use at least one (1) major airline pricing comparison website; and

Arrange for the purchase of transportation as far as practical in advance in order to ensure that the lowest prices are available;

An agency may approve other than basic, coach-class service if:

No basic, coach-class service is reasonably available and the travel cannot be rescheduled in a manner that is advantageous to the government. “Reasonably available” means available on an airplane that is scheduled to arrive within twenty-four (24) hours of the schedule start time of the government business at the travel destination, or scheduled to depart within twenty-four (24) hours after the end of the government business at the travel destination;

Use of other than basic, coach-class service is necessary to accommodate a disability or other special need;

Regularly scheduled flights between the origin and destination points provide only other than basic, coach-class accommodations; or

The use of other than basic, coach-class service results in an overall cost savings to the government (for example, by avoiding additional travel expenses, overtime, or lost productive time while awaiting basic, coach-class service).

An employee may upgrade to other than basic, coach-class service, or to preferred seating or service in coach-class accommodations, at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

4011.5 An agency may use its purchase card only to purchase employee air travel at the rates authorized by this section. If the employee is purchasing a more expensive air travel ticket, the employee must purchase the ticket with his or her own funds, and thereafter request reimbursement of an amount equal to the price of the air travel ticket authorized by this section and approved by the agency.

4011.6 If the agency determines that a lower price for air travel would have been available if the employee had arranged for the purchase of his or her air travel at an earlier point in time or used a comparative pricing website, the agency may refuse to approve payment or reimbursement in excess of the lower price, but only if the lower price was not available due solely to the employee’s delay.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4011

6-B DCMR § 4012 LODGING EXPENSES

LODGING EXPENSES

The District government shall provide reimbursement for lodging expenses when an employee is traveling for government-related purposes for more than twelve (12) hours, if the lodging expenses are authorized by the agency and are consistent with the requirements of this chapter.

Reimbursement for the costs of lodging shall be made on the basis of actual and authorized expenses. An employee shall not be reimbursed for the costs of lodging on a per diem basis.

The number of reimbursable lodging nights shall be determined by the conference, meeting, or training schedule, or other legitimate travel purposes, and the employee’s ability to depart or arrive home at a reasonable hour. The employee shall arrange his or her travel schedule so as to minimize the number of lodging nights needed.

An employee shall be reimbursed for lodging incurred on weekends and other non-workdays if the employee’s travel status requires his or her stay to include a weekend day or non-workday and the agency determines that the weekend or other non-workday travel status is the most cost-effective situation (that is, remaining in a travel status and paying expenses is more cost-effective than having the employee return to his or her residence) or is otherwise in the best interest of the government.

Lodging taxes paid by an employee are reimbursable as a miscellaneous travel expense. The amount of lodging taxes that are reimbursable are limited to the taxes paid on reimbursable lodging costs. For example, if an agency authorizes an employee a maximum lodging rate of fifty dollars ($50) per night, and the employee elects to stay at a hotel that costs one hundred dollars ($100) per night, the employee may only claim and be reimbursed for the amount of taxes paid on fifty dollars ($50), which is the maximum authorized, reimbursable lodging amount.

Employees shall request exemption from any hotel taxes, based upon their government identification and their travel authorization form. An employee shall not be reimbursed for lodging taxes paid if the jurisdiction in which the lodging is located provides a tax exemption for purchases by the District of Columbia government or its employees. Employees shall be responsible for filing the appropriate paperwork, if any, to obtain the tax exemption.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4012

6-B DCMR § 4013 LIMITATIONS ON LODGING EXPENSES

4013.1 The District will generally provide reimbursement only for the lowest available lodging rate at the travel destination.

(a) To determine and obtain the lowest available lodging rate, the employee shall:

(1) Use at least one (1) major hotel pricing comparison website to determine the lodging rates at the travel destination; and

(2) Arrange for the purchase of lodging as far as practical in advance in order to ensure that the lowest prices are available.

(b) To determine whether a lodging rate is the lowest available, the agency may take into account factors such as:

(1) Additional expenses that are likely to be incurred for transportation between the place of lodging that has the lowest available lodging rate and the airport, train station, or bus depot, places of business, and other authorized places; and

(2) Inclusions in the lodging rate, such as parking or meals, which will offset other reimbursable travel costs.

(c) In determining the lowest available lodging rate, the employee shall request the government lodging rate, if lower than the standard guest rate or conference rate.

(d) If the lowest available hotel lodging rate exceeds the per diem lodging rate established by the GSA or the Department of State (DoS) for the destination, the employee must receive approval from the agency, prior to travel, to book at the higher rate. A request for approval must be supported by rate quotes showing the cost of rooms exceeding the GSA or DoS per diem lodging rate.

(e) An employee may request that the employee’s agency head, or the agency head’s designee, waive the lowest available hotel lodging rate requirement. Such a request may be approved if:

(1) The time to travel back and forth from the location of lodging available at or below the per diem rate to the airport, train station, bus depot, places of business, and other authorized places is excessive relative to the added cost of staying at or near the place of business;

(2) Lodging is procured at a prearranged place such as a hotel where a meeting, conference, or training session is held (“on-site lodging”), the on-site lodging is no more than one hundred twenty-five percent (125%) of the lowest available lodging rate, and the presence of the employee at the on-site lodging is important to the employee obtaining the full benefits of the meeting, conference, or training;

(3) The waiver is necessary to ensure that the lodging is of an acceptable quality; or

(4) The waiver is necessary to ensure the personal safety of the employee.

(f) Mere preference or convenience is not an acceptable factor for an agency to take into account when determining whether a lodging rate greater than the lowest available lodging rate may be approved or reimbursed.

(g) The lodging rate approved pursuant to a waiver must be the lowest available hotel lodging rate taking into consideration the circumstances under which the waiver is being approved.

(h) Waivers are at the discretion of the agency head, provided that in no case shall the approved rate exceed one hundred fifty percent (150%) of the GSA per diem rate without the approval of the City Administrator, upon the recommendation of the personnel authority.

4013.2 An employee shall be reimbursed the single occupancy rate actually paid for the lodging at the approved rate. If the employee shares a room with another person, the employee’s reimbursement is limited to one-half (½) of the double occupancy rate if the person sharing the room is another government employee on official travel. If the person sharing the room is not a government employee on official travel, the employee’s reimbursement shall be limited to the single occupancy rate.

4013.3 If the employee stays with a friend or relative, with or without charge, the employee may be paid a flat “token” amount or be reimbursed for additional costs the host incurs in accommodating the employee only if the employee is able to substantiate the costs and the employee’s agency determines the costs to be reasonable. The employee shall not be reimbursed the cost of comparable conventional lodging in the area.

4013.4 An employee may upgrade his or her approved lodging at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

4013.5 An agency may use its purchase card only to purchase employee lodging at the rates authorized by this section. If the employee is purchasing more expensive lodging, the employee must purchase the lodging with his or her own funds and thereafter request reimbursement of an amount equal to the price of the lodging authorized by this section and approved by the agency.

4013.6 If the agency determines that a lower price for lodging would have been available if the employee had arranged for the purchase of his or her lodging at an earlier point in time or used a comparative pricing website, the agency may refuse to approve payment or reimbursement in excess of the lower price.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4013

6-B DCMR § 4014 MEALS AND INCIDENTAL EXPENSES

4014.1 The District shall provide reimbursement for authorized meal and incidental expenses when an employee is on approved travel for government-related purposes for more than twelve (12) hours.

4014.2

(a) Meal and incidental expenses may be reimbursed by either or both of the following methods:

(1) Per diem method (or reduced per diem method); and/or

(2) Actual expense method.

(b) An employee may be reimbursed both by the actual expense and per diem methods during a single trip, but only one method of reimbursement may be authorized for a given calendar day. The agency shall determine when the transition between the reimbursement methods occurs.

4014.3 An employee shall be reimbursed for meals and incidental expenses incurred on non-workdays, including weekends, if lodging for the employee at the travel location was authorized for such days.

4014.4 An agency should not authorize reimbursement of meals and incidental expenses by the actual expense method unless:

(a) Actual expenses are less than the per diem amount;

(b) Meals are procured at a prearranged place, such as a hotel where a meeting, conference, or training session is held, and it is not feasible for the employee to purchase meals at an alternate location, and the cost of the meals together with allowable incidental expenses exceeds the per diem amount; or

(c) Meal expenses within prescribed allowances cannot be reasonably obtained.

4014.5 The maximum amount that an employee may be reimbursed under the actual expense method is limited to one hundred fifty percent (150%) of the applicable maximum meal and incidental expense per diem rate, unless a higher amount is approved by the City Administrator, upon the recommendation of the employee’s agency head and personnel authority.

4014.6 To receive reimbursement at actual expense, an employee must itemize all expenses and provide a receipt for each expense, including meals, snacks, and incidental expense, except when a receipt is not normally provided for the expense.

4014.7 When reimbursement for meals and incidental expenses is made by the actual expense method, the following provisions shall apply:

(a) Costs for each meal shall be reimbursable for:

(1) One (1) non-alcoholic beverage;

(2) One (1) appetizer;

(3) One (1) main course;

(4) The tax on the items listed in sub-paragraphs (1) through (3) of this paragraph; and

(5) A tip, subject to paragraph (c) of this subsection.

(b) The cost of alcoholic beverages, desserts, and other meal costs not listed in paragraph (a) of this subsection shall not be reimbursable.

(c) Tips shall be reimbursable for no more twenty percent (20%) of the total reimbursable meal costs, including tax.

4014.8 When reimbursement for meal and incidental expenses is made by the actual expense method, allowable incidental expenses are fees and tips given to porters, baggage carriers, and hotel staff.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4014

6-B DCMR § 4015 MEAL AND INCIDENTAL EXPENSES; PER DIEM RATES

MEAL AND INCIDENTAL EXPENSES; PER DIEM RATES

When meal and incidental expenses are authorized to be reimbursed on a per diem basis:

For destinations within the United States, the per diem meals and incidental expense rates that an employee may be paid shall be the rate established by the GSA.

For destinations outside the United States, the per diem meal and incidental expense rate that an employee may be paid shall be the rate established by the DoS.

4015.2 If an employee’s meal and incidental expenses are reimbursed on a per diem basis, the amount of the per diem rate to which an employee shall be entitled shall be calculated as follows:

When an employee is on government travel for more than twelve (12) hours, but less than twenty-four (24) hours, the meal and incidental expense allowance shall be seventy-five percent (75%) of the applicable daily meal and incidental expense rate.

When travel is for twenty-four (24) hours or more, the daily meal and incidental expense allowance shall be as follows:

Day of Travel

Meals and Incidental Expense Allowance

Day of departure

Seventy-five percent (75%) of the applicable meal and incidental expense rate

Full days of travel

One hundred percent (100%) of the applicable meal and incidental expense rate

Last day of travel

Seventy-five percent (75%) of the applicable meal and incidental expense rate

4015.3

If an employee’s meal and incidental expenses are reimbursed on a per diem basis and a meal is furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending, an amount shall be deducted from the per diem rate as follows:

(1) For a furnished dinner: fifty percent (50%);

(2) For a furnished lunch: twenty-four percent (24%); and

(3) For a furnished breakfast: sixteen percent (16%).

(b) An agency may, at its discretion, allow an employee to claim the full daily meal and incidental expense rate even if a meal is furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending, if:

(1) (A) The employee is unable to consume the furnished meal because of a medical requirement, religious belief, or dietary restriction;

(B) The employee made a reasonable effort to make an alternative meal arrangement, but was unable to do so; and

(C) The employee purchased a substitute meal to satisfy his or medical requirement or religious belief; or

(2) The employee was unable to take part in the meal furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending due to the conduct of official business.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4015

6-B DCMR § 4016 MISCELLANEOUS EXPENSES

MISCELLANEOUS EXPENSES

The District shall provide reimbursement for miscellaneous expenses related to approved government travel when an employee is on government travel for more than twelve (12) hours, subject to the limitations set forth in this section and chapter.

The following expenses shall be reimbursable as miscellaneous expenses, to the extent necessary for the conduct of official business and approved by the employee’s agency:

Baggage expenses authorized by 41 CFR § 301-12.2, including fees pertaining to the first checked bag; fees relating to the second and subsequent bags may be reimbursed only when the agency determines those expenses are reasonable and necessary;

The use of computers, internet, printers, fax machines, and scanners, to the extent not provided by the government to the employee;

Telephone calls for business purposes, when an employee has not been issued a mobile phone, or when mobile service is not available in the area,; telephone calls shall be itemized showing who was called, the purpose, date, length, and cost of the call;

Faxes, which shall be itemized showing to whom the fax was sent, a description of the faxed document, and the purpose, date, number of pages, and cost of each fax;

Lodging taxes on the actual amount of the lodging cost or the maximum lodging amount authorized by the agency, whichever is less; provided, no lodging taxes shall be reimbursed if the employee’s lodging would have been exempt from taxes if the employee had filed appropriate paperwork or taken appropriate actions to obtain the tax exemption; and

Laundry and cleaning of clothing expenses when the employee is authorized for four (4) or more nights of lodging.

The District shall not provide reimbursement for personal phone calls, entertainment, alcohol, or other personal expenses.

Any additional items reimbursable under 41 CFR § 301-12.1 shall be reimbursable as miscellaneous expenses, to the extent approved by the employee’s agency.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4016

6-B DCMR § 4017 AGENCY APPROVAL

AGENCY APPROVAL

Travel approvals shall be processed as follows:

The employee requesting travel authorization shall submit the approval form to his or her immediate supervisor;

The supervisor shall review and certify whether the requested travel benefits the agency;

The supervisor shall submit the approval form to the travel officer;

The travel officer shall certify whether the request complies with this chapter, and that the request is complete and accurate;

The travel officer shall secure the signature of the agency fiscal officer, certifying that funds are available to fund the request;

The agency head, or designee, shall either approve or deny the travel approval request; and

The travel officer shall notify the employee and the supervisor of the decision on the request.

Each agency head, or the agency head’s designee, shall be the authorizing official for travel by an employee of the agency, except:

The City Administrator shall be the authorizing official for deputy mayors;

Each deputy mayor shall be the authorizing official for his or her agencies’ directors;

The Mayor’s Chief of Staff shall be the authorizing official for the directors of agencies that report to the Executive Office of the Mayor;

4017.3 Travel must be authorized before the travel begins, unless extenuating circumstances acceptable to the authorizing official make it infeasible for the travel authorization to be issued before the travel begins. The extenuating circumstances shall be described in the authorization.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4017

6-B DCMR § 4018 ADVANCE PAYMENT OF EXPENSES

ADVANCE PAYMENT OF EXPENSES

Whenever possible, an agency shall pay for travel expenses with the agency’s purchase card or through a requisition.

When the purchase of travel expenses cannot reasonably be made using the agency’s purchase card or a requisition, an employee may be provided District government funds in advance of travel to pay for the estimated expenses.

Advances shall be requested along with the corresponding request for travel approval.

An employee may receive an advance of one hundred percent (100%) of the estimated travel expenses that cannot reasonably be secured with the agency’s purchase card or through a requisition.

Advances shall be disbursed to an employee no sooner than ten (10) calendar days before the date of travel, unless an earlier disbursement is necessary to secure lower travel rates.

An agency shall not advance funds to any employee who has an outstanding advance or portion of an advance due to the government.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4018

6-B DCMR § 4019 REIMBURSEMENT OF EXPENSES

REIMBURSEMENT OF EXPENSES

An employee shall be reimbursed for approved and eligible travel expenses.

Employees shall seek reimbursement for such expenses using a travel expense reimbursement form issued by the personnel authority.

Completed forms, along with appropriate documentation, shall be submitted to the travel officer within ten (10) business days after returning from travel.

The District shall provide an employee any authorized reimbursements within thirty (30) calendar days after receiving a properly completed reimbursement claim form.

Reimbursement claim forms shall include:

The approved travel approval form, including written waivers, variances, or other special authorizations;

An itemized list of each expense (including the date, purpose, and amount of the expense) for which the employee requests reimbursement; except, that meal and incidental expenses authorized on a per diem reimbursement basis shall not be itemized;

A receipt for each expense requested to be reimbursed, except for expenses for which receipts are not normally provided; and

For expenses related to the use of a personal vehicle, documentation as to the date, origin, destination, addresses, and starting and ending odometer readings for each trip, which shall be provided on a form issued by the personnel authority.

Any additional information the employee’s agency may specifically require; and

(f) A certification that the information provided on the form is true and correct to the best of the employee’s knowledge and belief, subject to criminal penalties, including fraud under the District of Columbia Theft and White Collar Crimes Act of 1982, effective June 11, 2013 (D.C. Law 4-164; D.C. Official Code § 22-2405), and to disciplinary action under the District’s personnel regulations.

Receipts must include sufficient information to evidence each expense and to verify those expenses.

For air, train, rental car, and similar transportation expenses, receipts must show:

The employee’s name;

The name and phone number of the transportation company;

For any flights, train travel, or similar carrier services, the route number, the class of service, the passenger record number, the date and time of the transportation and the starting and ending points of the transportation;

For rental cars, the date, time, and location of the pickup and drop-off of the car, the type of car rented, and the rental confirmation number; and

The total cost of the transportation, listing separately the pre-tax amount and the amount of any tax.

For lodging, receipts must show:

The employee’s name;

The name, address, and phone number of the lodging;

The check-in and check-out dates for the lodging;

The room type and daily rate for the lodging;

A description of any additional benefits included in the daily lodging charge (such as meals, parking, or internet access), if any;

The tax rate and amount, if reimbursement of taxes is requested;

An itemized list of additional charges, such as charges for telephone or internet service, if the reimbursement of these charges is requested; and

The total cost of the lodging expenses.

For meals, receipts must show:

The employee’s name;

The name and address of the restaurant;

The date and time of the meal;

An itemized list of each cost of the meal (that is, listing each beverage and meal item, and their costs, separately);

The number of persons whose meals appear on the receipt, if more than one person is on the same receipt, with the specific costs for which reimbursement are sought clearly identified; provided, an employee shall obtain a separate receipt for his or her meal where feasible; and

The total amount of the bill, listing separately the pre-tax amount, the amount of tax, and the amount of tip.

Whenever a receipt is required by this section, and the required information is not provided on the receipt, the employee shall provide the missing information.

The completed travel expense reimbursement form shall be signed by the employee, with a certification that the information provided in the form is true and correct to the best of the employee’s knowledge and belief.

If an employee presents false information on a reimbursement claim form, the employee shall be subject to prosecution for criminal violations, including fraud under D.C. Official Code § 22-3221, and to disciplinary action under the District’s personnel regulations.

The employee shall submit the completed travel expense reimbursement form to the travel officer.

4019.8 The travel officer shall review each submitted travel expense reimbursement form for completeness and accuracy and shall return to the employee any incomplete or inaccurate form.

4019.9 An employee shall be responsible for excess costs resulting from circuitous routes and delays caused by the employee and for expenses that are unauthorized or unnecessary or unjustified in the performance of official business.

4019.10 The travel officer must ensure:

(a) The claim is properly prepared in accordance with the applicable regulations and agency procedures;

(b) The types of expenses claimed are authorized and allowable expenses;

(c) The amounts claimed are accurate; and

(d) The required receipts, statements, justifications, and authorizations (or electronic images of such documents) are included.

Following his or her review, the travel officer shall determine whether reimbursable travel expenses meet the requirements necessary for reimbursement under this chapter.

Each travel expense reimbursement form signed by the travel officer shall be submitted to the agency head, or the agency head’s designee. The agency head, or the agency head’s designee, must review and sign the form to authorize the reimbursement of the travel expenses.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4019

6-B DCMR § 4020 DISPUTES AS TO REIMBURSABLE EXPENSES

DISPUTES AS TO REIMBURSABLE EXPENSES

An agency may disallow payment of an expense included on a travel expense reimbursement form if:

The employee does not provide proper itemization of an expense;

The employee does not provide a receipt or other documentation required to support the expense;

The expense is not authorized under this chapter; or

(d) Reimbursement is otherwise inconsistent with this chapter, agency policies adopted in accordance with this chapter, or District law.

4020.2 When a claimed expense is denied, the agency shall provide notice to the employee and reimburse the employee’s claim for any remaining and allowable expenses. For each claimed expense that is denied, the notice shall explain the reason for the denial.

To request reconsideration of a denied expense, an employee shall:

File a new travel expense reimbursement form for the disallowed item(s);

Provide full itemization of the disallowed item(s);

(c) Provide receipts or other documentation for each disallowed item that requires a receipt or other documentation, except that the employee shall not be required to provide a receipt or other documentation if the receipt or other documentation was filed with a prior travel expense reimbursement form (in which case the employee shall indicate on the form that the receipt or other documentation was previously filed with the agency);

Provide a copy of the notice of disallowance; and

State the proper authority for the claim if challenging the agency’s application of a law or regulation.

An employee may appeal a denied reimbursement expense by filing a grievance pursuant to § 1628. When filing a grievance pursuant to this section:

The travel officer shall serve as the first level grievance official consistent with §§ 1629 and 1630;

If the employee disagrees with the decision of the travel officer, the grievance shall proceed to the third level for review by the agency head, or the agency head’s designee, pursuant to § 1632; and

If a dispute remains following the third level review, the grievance shall proceed to the final review level, pursuant to § 1633.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4020

6-B DCMR § 4021 RECONCILIATION OF EXPENSES AGAINST AN ADVANCE

RECONCILIATION OF EXPENSES AGAINST AN ADVANCE

If an employee received a travel advance, the employee must file a travel expense reimbursement form even if the employee is not seeking reimbursement above the advance amount, in order to reconcile actual expenditures against the advance.

4021.2 If the amount advanced is less than the amount of the total actual and authorized expenses for which reimbursement is claimed, the employee shall be reimbursed the net difference.

4021.3 If the advance exceeds the total actual and authorized expenses for which reimbursement is claimed, the employee must refund the excess by cash or check, or through payroll deduction. The refund or authorization to refund the excess through payroll deduction shall accompany the travel expense reimbursement form.

4021.4 If an employee provides a refund to the District using a check, and the check is dishonored by the issuing financial institution, the employee shall be liable to the District for any resulting fees authorized by Section 1044(b) of the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.03).

Except when there is good cause, an advance shall be revoked and the employee shall be required to reimburse the agency for the full advance, if the employee does not file a claim for reimbursement within ten (10) business days after travel is completed.

If funds are advanced to an employee and the employee does not travel, fails to submit a properly completed travel expense reimbursement form by the required date and thereafter fails to reimburse the agency for the full advance, or fails to reimburse the District for any advance in excess of actual and authorized expenses as required by § 4021.5, the agency shall take steps to collect the debt, including an offset against the employee’s salary, a retirement credit, or other amount owed to the employee or any other legal method of recovery.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4021

6-B DCMR § 4022 CANCELLATION AND CURTAILMENT OF TRAVEL

CANCELLATION AND CURTAILMENT OF TRAVEL

If authorized travel is cancelled:

The employee shall immediately notify the travel officer of this fact and submit a refund of any monies advanced in connection with the authorized travel. Advances that are not refunded within three (3) business days shall be recovered by the agency in the manner described in § 4021.6.

The individual who made the travel reservations shall immediately cancel any reservations for transportation, lodging, training, seminars, meetings, and/or conferences previously made and seek full refunds of any expenses and advances already incurred or, if refunds are not available, take other reasonable steps to minimize the costs incurred.

If authorized travel is cancelled based on an employee’s personal convenience, the employee shall be responsible for any expenses incurred.

If authorized travel is cancelled for official purposes, or for a reason beyond the employee’s control that is acceptable to the employee’s agency, the agency shall be responsible for any expenses incurred that are not refundable. If the employee paid for the travel expenses with his or her own funds, the agency may reimburse the employee for those expenses that are not refundable.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4022

6-B DCMR § 4023 AGENCY POLICIES AND PROCEDURES

AGENCY POLICIES AND PROCEDURES

Each agency may implement agency-specific travel approval procedures to supplement this chapter, as long as the procedures are not inconsistent with these regulations. However, only the personnel authority may develop approved forms. No agency may impose requirements or restrictions that conflict with this chapter.

Agency-specific travel rules shall not authorize the payment or reimbursement of any expenses not authorized by this chapter.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4023

6-B DCMR § 4024 PROGRAM MANAGEMENT

PROGRAM MANAGEMENT

The Department of Human Resources shall be responsible for implementing the rules and requirements of this chapter, including:

Promulgating forms, instructions, and guidance documents and posting such forms, instructions, and guidance documents on the internet or intranet website of the Department of Human Resources;

Assisting agencies in the implementation of the requirements of this chapter (for example, providing training to travel officers);

Auditing agency-wide compliance with the requirements of this chapter; and

Recommending to the City Administrator additional travel policies and amendments to the requirements of this chapter.

The Director of the Department of Human Resources, with the concurrence of the City Administrator, may issue variances to these rules in accordance with Chapter 1 of this title.

The Director of the Department of Human Resources is delegated the authority to promulgate, with the concurrence of the City Administrator, amendments to these rules.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4024

6-B DCMR § 4025 FREQUENT TRAVELER BENEFITS

FREQUENT TRAVELER BENEFITS

An employee may use frequent traveler benefits earned on official travel for the employee’s personal use. However, an employee shall not select a travel provider based on whether it provides frequent traveler benefits.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4025

6-B DCMR § 4026 TRANSPORTATION: AUTHORIZED POINTS OF ORIGINATION AND RETURN

TRANSPORTATION: AUTHORIZED POINTS OF ORIGINATION AND RETURN

The authorized points of origination and return for an employee’s travel shall be the employee’s place of work, unless the authorizing official approves another point of origination or return based on a determination that travel from or to such other point is more advantageous to the District government.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4026

6-B DCMR § 4027 EMERGENCY TRAVEL

Emergency travel is travel that interrupts authorized travel as a result of:

An employee becoming incapacitated by illness or injury not due to his or her own misconduct;

The death or serious illness of a member of an employee’s family; or

A catastrophic occurrence or impending disaster, such as fire or flood, which directly implicates the employee’s real property.

Employees shall be reimbursed for expenses associated with emergency travel to the extent approved by the agency and allowable under federal government travel regulations.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4027

6-B DCMR § 4028 TRAVEL EXPENSES FOR EMPLOYEES WITH SPECIAL NEEDS

4028.1 To be reimbursed, additional travel expenses for employees with special needs must be approved by the agency.

4028.2 Expenses that may be approved by an agency include:

Services of an attendant to accommodate a special need, when necessary to make the trip possible;

Transportation, lodging, and meals and incidental expenses incurred by an attendant;

Other than basic coach-class accommodations to accommodate a special need;

Specialized services provided by a common carrier to accommodate a special need;

Specialized transportation to, from, and at the travel destination;

Costs for handling baggage when those costs are a direct result of a special need;

Renting and/or transporting a wheelchair; and

Any other expense deemed necessary by the agency to accommodate an employee with a special need.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4028

6-B DCMR § 4029 RESPONSIBILITY FOR ARRANGING FOR TRAVEL AND PURCHASING TRANSPORTATION AND LODGING

4029.1 An employee shall be responsible for identifying his or her own transportation and for identifying reservations for his or her own lodging, unless the employee’s agency has designated its travel officer or another employee to make such purchases and reservations. The agency shall be responsible for paying for, or reimbursing the costs of, the transportation and lodging.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4029

6-B DCMR § 4030 INTERNATIONAL TRAVEL

INTERNATIONAL TRAVEL

In addition to the other requirements of this chapter, travel to a destination outside the United States shall be subject to approval by the City Administrator and the Mayor’s Chief of Staff.

Employees, other than employees of offices and agencies that report to the Executive Office of the Mayor, must first submit International Travel Request Forms, outlined in Mayor’s Memorandum 2017-001, dated May 2, 2017, to the Office of the City Administrator for the City Administrator’s review at least forty-five (45) business days before the proposed travel. If approval from the City Administrator is granted, the Office of the City Administrator shall transmit the forms to the Mayor’s Office of General Counsel.

International Travel Request Forms must be submitted to the Mayor’s Office of General Counsel for the Mayor’s Chief of Staff’s approval at least thirty (30) business days before the proposed travel. No employee may commit District funds for nonrefundable expenses before receiving the approval of the Mayor’s Chief of Staff.

A proposed gift or donation of travel or travel expenses from a foreign government must be approved by the Mayor’s Chief of Staff and shall be made directly to an agency, not to an individual employee. In addition, the policies and procedures set forth in Mayor’s Memorandum 2015-001, dated August 21, 2015, and Mayor’s Memorandum 2017-001, dated May 2, 2017, shall be followed.

An employee may consult with the Office of the Secretary in advance of international travel for advice on customs particular to the country to be visited.

If an employee receives a gift from a foreign government or organization during international travel, the employee must submit the gift to the Mayor’s General Counsel within three (3) days after the employee returns from travel, with an attached notation of who presented the gift and the date it was presented. In addition, the policies and procedures set forth in Mayor’s Memorandum 2015-001, dated August 21, 2015, and Mayor’s Memorandum 2017-001, dated May 2, 2017, shall be followed.

If a District agency is paying for an employee’s international travel, the employee shall adhere to the applicable international per diem rates established by DoS. Reimbursement of expenses shall be issued in accordance with § 4003.

Pursuant to the Fly America Act, 49 USC § 40118, when air travel is financed by federal funds, employees must use a U.S. flag air carrier, except as provided in 41 CFR §§ 301-10.135, 301-10.136, and 301-10.137.

An agency that proposes to use federal grant funds to engage in foreign travel (other than to Canada or Mexico) must receive prior approval from the grantor agency, as set forth in Office of Management and Budget Circular A-87, Attachment B, Section 43.e.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4030

6-B DCMR § 4031 LOCAL TRAVEL

LOCAL TRAVEL

The District may provide reimbursement for government-related local travel. As used in this section, local travel means government-related travel within fifty (50) miles of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004.

Each agency shall purchase one (1) or more Metro SmartTrip cards for use by employees who engage in local travel. Authorizations, disbursement records, and documentation for the cards shall be maintained according to accounting requirements established by the Chief Financial Officer (CFO).

Meals shall not be reimbursed for local travel, including local travel to attend a training, seminar, meeting, or conference, except as provided in § 4031.4(b).

(a) Lodging shall not be reimbursed for local travel.

(b) Notwithstanding paragraph (a) of this subsection, an agency head may request that the DCHR Director authorize the reimbursement of lodging expenses for local travel based on a disability or other medical condition of the traveling employee. In such a circumstance, an agency head may also request that the DCHR Director approve the reimbursement of the expenses of meals purchased by the employee at the travel destination if such meal expenses are associated with the extended stay at the destination. (For example, if overnight lodging is authorized for a two (2)-day conference, reimbursement of the costs of dinner on the first day and breakfast on the second day may be authorized.)

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4031

6-B DCMR § 4032 LOCAL TRAVEL: APPROVAL OF LOCAL TRAVEL AND LOCAL TRAVEL EXPENSES

Local travel expenses shall be approved by the agency’s authorizing official or his or her designee.

4032.2 An agency’s authorizing official may delegate to supervisory personnel in the agency the authority to approve their supervised employees’ local travel if the local travel includes only subway, bus, taxi, or ride-hailing expenses or involves only the use of a government vehicle.

Employee requests and agency approvals for local travel need not be in writing, if the agency head authorizes oral requests and approvals.

4032.4 An employee shall obtain approval in advance of the local travel and in advance of incurring any local travel expenses unless the authorizing official determines there is good cause for obtaining approval after the local travel.

4032.5 In order to receive written authorization to engage in local travel and incur local travel expenses, an employee shall prepare and submit to the authorizing official or the agency’s travel officer a local travel authorization form.

4032.6 The employee shall request authorization for local travel at least ten (10) calendar days before any local travel expenses are expected to be incurred; except, if the employee only becomes aware of the need to incur local travel expenses within ten (10) calendar days before any local travel expenses are expected to be incurred, the employee shall submit the form as promptly as possible after the employee becomes aware of the need to incur local travel expenses.

4032.7 An authorizing official or his or her designee (or supervisory personnel with delegated authority under § 4032.2) may authorize local travel only if he or she determines that the travel and associated expenses are consistent with the principles set forth in § 4000.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4032

6-B DCMR § 4033 LOCAL TRAVEL: TRANSPORTATION

4033.1 An agency may pay for or reimburse the transportation expenses of local travel.

4033.2 In authorizing local travel transportation expenses, the agency shall require that the employee travel by bus or subway, unless:

The travel origination or destination point is not reasonably accessible by bus or subway, in which case travel by automobile may be authorized;

Travel time by bus or subway is significantly greater than transportation by automobile and the agency determines that transportation by automobile is advantageous to the District government;

Travel by government vehicle is available and the expected cost of parking is equal to or less than the expected cost of travel by bus or subway; or

The employee wishes to travel by personal vehicle, no government vehicle is available, and the use of a personal vehicle is allowable under the District’s policy regarding the use of personal vehicles, including Mayor’s Order 2009-210.

If transportation by automobile is authorized under § 4033.2(a) or (b):

(a) The agency should authorize transportation by a government vehicle, unless a government vehicle is not available, in which case the agency may authorize transportation by taxi or ride-hailing service; provided, the agency may authorize transportation by a personal vehicle when a government vehicle is not available and the use of a personal vehicle is allowable under the District’s policy regarding the use of personal vehicles, including Mayor’s Order 2009-210; provided, the expenses reimbursed for the use of a personal vehicle (including parking) in such a circumstance shall not be greater than the expense that would have been reimbursable if the employee had travelled by taxi; and

(b) The employee must take reasonable steps to minimize the costs of parking. Government vehicles parked in metered spaces are not required to pay meter fees. Parking expenses associated with the use of personal vehicles are generally minimized by the use of on-street parking. Therefore, an employee generally must take reasonable steps to determine that on-street parking is not available before parking in a commercial parking facility. Moreover, in selecting a commercial parking facility, an employee must use reasonable efforts to minimize the costs of such parking.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4033

6-B DCMR § 4034 LOCAL TRAVEL: REIMBURSEMENT OF LOCAL TRAVEL EXPENSES

4034.1 In order to be reimbursed for local travel expenses, an employee shall submit a completed local travel expense reimbursement form to the agency travel officer no later than ten (10) business days after the travel expenses were incurred.

4034.2

(a) A request for reimbursement of a taxi, ride-hailing service, or parking expense shall be accompanied by a receipt.

A receipt for a taxi or ride-hailing service shall include:

The date and time of travel;

The starting and ending points of travel;

The dollar amount of the fare and tip, listed separately;

The name of the taxi company; and

A description or designation of the purpose of the travel.

(c) A receipt for parking shall include:

The date of travel;

The starting and ending times of parking;

The dollar amount of parking expenses incurred;

The name of the parking facility, if applicable;

The address of the parking facility; and

A description or designation of the purpose of the travel.

4034.3

(a) A request for reimbursement of personal vehicle mileage shall be accompanied by a document that lists the travel origination and destination point for each leg of travel and the mileage of each leg of travel. To support the calculation of the mileage, either the document shall be accompanied by a printout from an online mapping service showing the mileage for each leg of travel or the starting and ending odometer readings for each leg of travel shall be printed on the document.

(b) Reimbursement for use of a personal vehicle shall pay for mileage at the mileage rate set by the Federal government for its employees (see www.gsa.gov for current rates).

(c) Reimbursement for use of a personal vehicle shall include parking expenses that are consistent with § 4033.3(b).

4034.4 Authorized bus, subway, and taxi expenses shall be reimbursed at the actual rate of fare or fee.

4034.5 Tips for taxi or ride-hailing services shall also be reimbursed; provided, however, that tips in excess of twenty percent (20%) shall not be reimbursed.

4034.6 Authorized parking expenses shall be reimbursed at the actual amount of expenses; provided, if transportation by automobile is authorized under § 4033.2(c) or (d), reimbursement for parking expenses shall be limited to the actual parking expenses or the cost of travel by bus or subway (had the local travel occurred by bus or subway), whichever is less.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4034

6-B DCMR § 4035 LOCAL TRAVEL: GOVERNMENT-OWNED VEHICLE EXPENSES

4035.1 Authorized users of District government vehicles shall obtain necessary gas, oil, maintenance, and repairs from a District government facility and will only be reimbursed for out of pocket expenses (gas, oil, repairs, and other vehicle expenses) when it is impractical to obtain such service at the District’s facilities.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4035

6-B DCMR § 4099 DEFINITIONS

4099.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Agency – an office, department, board, commission or other entity within the District government, except any entity that possesses independent personnel authority which includes the authority to establish regulations for the authorization, payment, and reimbursement of travel expenses incurred (or requested to be incurred) by employees of that entity.

Incidental expenses – fees and tips given to porters, baggage carriers, bellhops, hotel maids and others. Incidental expenses do not include the cost of alcoholic beverages, tobacco, movie rentals, entertainment, or other expenses of a personal nature that are not related to the official business of the District.

Local travel – travel to a location that is less than fifty (50) miles from the John A. Wilson Building.

Lodging – a hotel, motel, inn, guest house, or other establishment that provides lodging to transient guests for overnight sleeping facilities.

Meal expenses – expenses for breakfast, lunch, dinner, and related tips and taxes. Alcoholic beverages and all entertainment expenses are specifically excluded from meal expenses.

Mileage rate – the reimbursable rate for the authorized use of an employee’s personal vehicle for travel for official government business as determined by the General Services Administration (see www.gsa.gov for current rates).

Per diem allowance – a set daily payment provided to an employee, instead of actual expenses, for reimbursement for meals and related incidental expenses. A per diem allowance is separate from lodging expenses, transportation expenses, and miscellaneous expenses.

History

• SOURCE: Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 4099

6-C OFFICE OF THE ATTORNEY GENERAL PERSONNEL

6-C1 AUTHORITY AND SCOPE

6-C DCMR § 100 AUTHORITY

100.1 The Attorney General has authority to establish personnel regulations for the officers and employees of the Office of the Attorney General pursuant to 108a of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.88a) (2014 Repl. & 2017 Supp.) and section 404 (a-1) of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 1-604.04 (a-1)) (2014 Repl. & 2017 Supp.).

100.2 Unless and until the Attorney General issues replacement personnel regulations for the Office of the Attorney General, the personnel regulations codified in subtitle B of title 6 of the District of Columbia Municipal Regulations remain in effect.

History

• SOURCE: Final Rulemaking published at 69 DCR 004167 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 100

6-C DCMR § 101 CREATION OF SUBTITLE C FOR REPLACEMENT CHAPTERS AND ADOPTION OF SUBTITLE 6B CHAPTERS UNTIL REPLACED

101.1 The rules contained in this new subtitle C of Title 6 of the DCMR will establish personnel policies for employees of the Office of the Attorney General (OAG) which shall supersede existing personnel policy established in subtitle 6-B (Government Personnel) to the extent of any conflict. The chapters of the new subtitle 6-C are numbered to correspond to the subtitle 6-B chapters they are replacing so as to make identification of the differences between the existing Subtitle 6-B rules and the new OAG Personnel rules apparent.

101.2 All chapters that currently apply to OAG employees in subtitle 6-B, and that are not replaced by corresponding chapters in this new subtitle 6-C, are re-adopted by the Attorney General and incorporated by reference into subtitle 6-C until they are replaced by corresponding chapters promulgated by the Attorney General or until there application to OAG employees are expressly repealed by the Attorney General.

History

• SOURCE: Final Rulemaking published at 69 DCR 004167 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 101

6-C DCMR § 102 TREATMENT OF SUBTITLE 6B GUIDANCE AND ISSUANCES

102.1 The re-adoption by the Attorney General of any chapters in subtitle 6B shall not include the re-adoption of any guidance documents or administrative issuances that have been issued to interpret or implement those chapters. All guidance documents and administrative issuances for OAG personnel rules shall be issued by the Attorney General or his or her designee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004167 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 102

6-C2 TALENT ACQUISITION

6-C DCMR § 200 OAG WORKFORCE

200.1 OAG employs dedicated people who are selected from the best qualified talent, considering the government’s immediate and long-term needs.

200.2 Employees are organized into one of six services: Career, Educational, Excepted, Executive, Legal, or Management Supervisory Service.

The provisions of this chapter apply only to applicants, candidates, and employees for or in the Career Service. The provisions of this chapter do not apply to the Executive, Management Supervisory, or Legal Service, or the Excepted Service.

Section 239 applies to all individuals seeking or selected to provide regularly scheduled volunteer services to OAG for an established volunteer program.

With the exception of § 239.10(d), Section 239 shall not apply:

(a) To volunteers who donate their time to support occasional events including festivals, trainings, and clinics where instructors or community members donate their time for tasks that are not safety sensitive as provided in Chapter 4 (Suitability) of Subtitle B; or

(b) To volunteers who perform functions that are not established as part of OAG’s volunteer program pursuant to § 239.2.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022); as amended by Final Rulemaking published at 72 DCR 011549 (October 17, 2025). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 200

6-C DCMR § 201 CAREER SERVICE

201.1 Excluding jobs properly classified in the, Excepted, Executive, Legal, or Management Supervisory Services, or as otherwise provided by law, all OAG jobs are in the Career Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 201

6-C DCMR § 202 TALENT ACQUISITION (GENERALLY)

202.1 When used in the context of this chapter, talent acquisition refers to the OAG’s efforts to prepare for future talent needs, attract highly skilled candidates to government service, and select individuals for employment.

202.2 All personnel actions appointing or affecting employees shall comply with the standards established in this chapter and any additional procedural guidelines issued by OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 202

6-C DCMR § 203 WORKFORCE PLANNING

203.1 OAG shall implement a workforce planning process that identifies current and potential critical skills and knowledge gaps. Workforce planning data will be used to:

Develop and implement knowledge gap reduction strategies;

Inform OAG structures and deploy the workforce; and

Identify and develop strategies to overcome internal and external barriers to accomplishing strategic workforce goals.

203.2 When required by OAG, all agencies shall develop an OAG-specific workforce plan. Agencies shall review and update their specific workforce plans biennially to measure progress and reflect changes in business strategy or operational goals. OAG workforce plans shall include the following metrics:

A list of mission critical positions;

Core competencies by position type to include all positions;

Employee turnover by position type and tenure;

The number of new hires within the last two (2) years;

The average time to fill a position;

The current number of vacancies; and

The number of employees eligible to retire within the next two (2) years.

203.3 OAG shall inform its hiring managers of any requirement, and the applicable deadline, related to furnishing OAG specific workforce plans. OAG shall collect, aggregate, and analyze information from workforce plans to prepare recommendations for addressing workforce shortages.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 203

6-C DCMR § 204 EMERGENCY APPOINTMENTS

204.1 OAG may make noncompetitive emergency appointments for not more than thirty (30) days to provide essential services in situations of natural disaster or catastrophes when normal employment procedures are impracticable.

204.2 Pursuant to D.C. Official Code § 7-2304(b)(16), whenever there is an emergency executive order in effect, the Attorney General, when necessary and appropriate to address the emergency, may authorize the appointment of qualified individuals into Career and Educational Service positions without competition.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 204

6-C DCMR § 205 RECRUITMENT STRATEGIES, MARKETING, AND BRANDING

205.1 OAG shall develop and implement a recruitment strategy for attracting highly qualified talent. The strategy shall encompass methods that enable OAG to utilize workforce data to make budgeting decisions that provide the greatest value to residents, promote a singular recruitment brand, and clearly articulate a set of offerings provided to employees.

205.2 The overall development and application of recruitment-related marketing and communications strategies shall rest primarily with OAG. OAG is charged with oversight for the development of internal and external recruitment-related marketing and communications strategies for the agencies under its authority.

205.3 No marketing consultants, marketing research firms, social media consultants, advertising agencies, graphic design firms, or web design firms shall be hired to develop recruitment-related materials without the approval of the Attorney General or designee.

205.4 In deciding the recruitment methods to use an OAG shall identify the methods that will most likely meet OAG's mission, objectives, and hiring goals. However, all recruitment methods, including any template communications and marketing materials, should be approved by the Attorney General or designee prior to their use. These include, but are not limited to draft, sample or template:

Publications (including print and electronic publications);

Logos;

Branding and slogans;

Advertising (the term advertising includes traditional media channels — TV, radio, billboard, magazine, newspaper, etc.), as well as marketing communications that utilize new media channels, including websites, email solicitations, and other activities involved in marketing employment with OAG;

General media relations (distribution of press releases, development of external newswires, and all other activities related to media relations);

Promotional videos; and

Social media.

205.5 These provisions do not apply to any marketing strategy in use on the effective date of this section.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 205

6-C DCMR § 206 QUALIFICATION AND EVALUATION STANDARDS

206.1 OAG shall establish standards with respect to education, training, experience, suitability, physical and mental fitness, or other criteria that agencies will then use to establish specific hiring requirements and evaluate applicants and employees for placement, consistent with all applicable laws and regulations. OAG may use the Office of Personnel Management General Schedule Qualification Standards, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/ or any other standard relevant for the classification of positions at a law firm or legal organization in the development of these standards.

206.2 All positions shall be classified using the Office of Personnel Management Handbook of Occupational Groups and Families, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf, or any other standard relevant for the classification of positions at a law firm or legal organization, and may be modified or otherwise established by the Attorney General or designee.

206.3 Possession of a current license shall be a required qualification for all occupations and professions for which a license is required by District or federal law.

206.4 Unless otherwise provided by law, the minimum age requirement for employment with the OAG is sixteen (16) years old.

206.5 Employees shall be citizens of the United States, lawful permanent residents, or otherwise authorized to work in the United States by the U.S. Citizenship and Immigration Services.

206.6 All relevant paid and unpaid job-related experience shall be considered when evaluating candidates for employment and promotion.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 206

6-C DCMR § 207 COMPETITIVE AND NON-COMPETITIVE ACTIONS

207.1 All initial appointments, placements, and subsequent assignments and promotions shall be made by open competition, unless otherwise authorized by this chapter.

207.2 Notwithstanding § 207.1, the following actions do not require open competition:

Promotions resulting from the upgrade of a position without a significant change in duties and responsibilities due to the application of a new classification standard or the correction of an initial classification error;

Promotions resulting from an employee's position being reclassified at a higher grade because of an increase in duties and responsibilities or a desk audit without planned management action;

Career ladder promotions when the original competition for the position clearly established the career ladder or when a career ladder is established due to a reclassification or desk audit;

Temporary promotions of 180 days or less;

Promotions of employees who were not properly considered during a competitive promotion action;

Promotions of employees who were erroneously denied a promotion, when ordered by OAG;

Position changes made pursuant to reduction-in-force regulations;

Position changes from a position with known promotion potential to a position at the same or equivalent grade with no known promotion potential, including transfers made pursuant to § 231.2;

Re-promotions to a grade or position from which employees were demoted, when the demotions were neither disciplinary in nature nor at the employees’ request;

Reassignments or transfers to a position of the same or equivalent grade with no greater promotional potential, including a reassignment from a non-supervisory to a supervisory position or a non-manager to a manager position;

Restorations to duty pursuant to § 228.1 at a grade no higher than the last position held;

Conversions of a temporary or term appointment to a regular Career Service appointment with permanent status, when the initial appointment was made through open competition within the Career Service;

Temporary and term appointments made pursuant to § 209.4 and § 219.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 207

6-C DCMR § 208 CAREER LADDERS

208.1 A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

208.2 Career ladders shall be approved by OAG. The full-performance level of a career ladder shall be no higher than grade 13 for professional, scientific, and licensed professional positions, and no higher than grade 12 for all other positions.

208.3 An OAG may promote an employee within his or her career ladder non-competitively up to the full-performance level of the position.

208.4 Promotions within a career ladder are not guaranteed. For an employee to be eligible for promotion within a career ladder:

The employee must meet time-in-grade requirements for the next higher-grade position;

The employee must meet the minimum qualification requirements for the next higher-grade position, including selective factors;

The employee must demonstrate to the satisfaction of his or her supervisor his or her ability to perform at the next higher-grade level;

OAG must have work available at the higher-level work to be performed; and

OAG must have available funding for the promotion.

208.5 If OAG has a limited number of career ladder promotions available OAG may promote employees on the career ladder based on seniority, merit, any other reasonable factor as may be specified in internal Office Orders.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 208

6-C DCMR § 209 TEMPORARY AND TERM APPOINTMENTS

209.1 OAG may make a temporary appointment for a limited period of at least ninety (90) days up to eighteen (18) months. A temporary appointment may be extended, provided the aggregate temporary appointment is less than eighteen (18) months. Except for appointments made pursuant to § 209.4, temporary appointments shall be made through open competition.

209.2 Career ladders shall be approved by OAG. The full-performance level of a career ladder shall be no higher than grade 13 for professional, scientific, and licensed professional positions, and no higher than grade 12 for all other positions.

209.3 An individual appointed to a temporary or term appointment shall meet the minimum qualifications for the position.

209.4 Consistent with §§ 209.1 and 209.2, OAG may make temporary and term appointments without competition when:

The individual being appointed is eligible for reinstatement under § 220.1; or

The appointment is to a position at grade 12 or below; or

For temporary appointments specifically, there are unusual hiring needs making competition impracticable and the temporary appointment is for a period of thirty (30) days or less;

209.5 Notwithstanding § 209.1, OAG may make a temporary appointment to a position in the Career Service for special needs for less than ninety (90) days without open competition.

209.6 An employee serving under a temporary or term appointment shall not acquire permanent status solely on the basis of their temporary or term appointment.

209.7 For appointments made under § 209.2, and except as authorized under § 209.8 OAG may extend a term appointment, provided the employee does not serve in a term appointment for more than four (4) years consecutively.

209.8 When a term appointment is supported by grant funds, OAG may extend a term appointment beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

209.9 An employee continuously serving in a Career Service term appointment for more than four (4) years shall:

Be converted to a permanent position, if his or her term appointment was originally made through open competition and funding for the employee is expected to continue;

Be hired into a permanent position through open competition; or

Not be appointed to a new term.

209.10 An employee serving under a term appointment is subject to any applicable probationary period.

209.11 After satisfactory completion of the probationary period, and prior to the expiration of the appointment, separation of a term employee shall be effectuated in accordance with Chapter 16.

209.12 The employment of an individual under a temporary or term appointment shall end on the expiration date of the appointment, on the expiration date of any extension granted by OAG, or upon separation prior to the specified expiration date in accordance with this section.

209.13 A temporary employee may be separated without notice prior to the expiration date of the appointment, and without regard to the reduction in force provisions set out in Chapter 24.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 209

6-C DCMR § 210 JOB POSTINGS AND AREAS OF CONSIDERATION

210.1 Each competitive appointment shall be advertised for not less than three (3) days.

210.2 The area of consideration for each posting shall be sufficiently broad to ensure the availability of high-quality candidates, considering the nature and level of the position(s). For most job postings, the area of consideration will be:

The public;

District employees;

OAG employees; or

Participants in special employment programs pursuant to § 219.3.

210.3 The minimum area of consideration shall be OAG employees, unless otherwise authorized by this chapter, the Attorney General or designee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 210

6-C DCMR § 211 INITIAL SCREENING, RATING, AND RANKING

211.1 This section applies to the initial selection of an appointee, and to the selection for internal placement of an employee when the internal placement is by open competition.

211.2 OAG shall evaluate applicants on a 100-point scale.

211.3 The hiring process shall consist of an initial screening and up to a maximum of three (3) additional rounds of assessment.

211.4 Any employment preference points claimed by the applicant shall be added to his or her score in the initial screening process.

211.5 Each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. Applicants who do not receive a score of at least seventy (70) points shall be ineligible for further consideration.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 211

6-C DCMR § 212 EMPLOYMENT PREFERENCES

212.1 Applicants for employment may be eligible to receive advanced standing towards placement when they claim one or more employment preferences: residency preference, veterans’ preference, or foster care youth preference.

212.2 An applicant who claims and qualifies for one or more employment preferences receives advanced standing towards placement by having each preference added to their initial screening score.

212.3 Applicants who claim an employment preference must provide documentation establishing eligibility. Applicants who fail to provide documentation shall have their application removed from consideration or their contingent offer of employment rescinded.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 212

6-C DCMR § 213 RESIDENCY PREFERENCE

213.1 All job postings shall inform District candidates of their eligibility for any applicable residential hiring preference. Such job postings shall also inform candidates of the requirement to remain a District resident for seven (7) years if selected exercising the preference.

213.2 A District resident who claims residency preference shall be awarded a ten (10)-point hiring preference. The candidate must be a District resident at the time of application to claim preference.

213.3 Applicants who claim residency preference must certify that they are residents of the District and agree, in writing, to maintain residency for a period of seven (7) consecutive years from the date they are hired into OAG notwithstanding any subsequent details, reassignments, transfers, promotions, demotions, or any other internal movement.

213.4 Applicants who claimed residency preference shall furnish proof of residency in a manner prescribed OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 213

6-C DCMR § 214 VETERANS’ PREFERENCE

214.1 A veteran who claims and qualifies for a veterans’ preference and meets the qualifications of the position shall be awarded either a five (5)-point or ten (10)-point hiring preference. Points awarded shall vary based on the type of veterans’ preference claimed.

214.2 A veteran is eligible to claim a five (5)-point preference when he or she has:

Served in the armed forces of the United States in the Army, Navy, Air Force, Marine, or Coast Guard Service;

Served for more than 180 consecutive days during a time of war, inclusive of contingency operations as defined under 10 U.S.C. § 101 (a)(13);

Been separated from the armed forces through an honorable or general discharge; and

Separated from the armed forces no more than five (5) years prior to the request for veterans’ preference.

214.3 A person who was separated with other than an honorable or general discharge may be entitled to the preference if they can show, to OAG’s satisfaction of , that the discharge was the result of discrimination. A veteran asserting his or her discharge was because of discrimination shall submit a claim and supporting evidence to OAG. OAG’s decision shall be final.

214.4 Any employee of the District who was entitled to veterans’ preference under federal law on January 1, 1979, and who has served in the federal government continuously since that date without a break in service of three (3) days or more, shall be entitled to the same preference for the duration of their service with the District.

214.5 An eligible veteran who has a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public law administered by the U.S. Department of Veterans Affairs or a military department, may claim five (5) more points in addition to the points he or she receives pursuant to § 214.2(a)-(c) for a total of ten (10) points, subject to the five (5) year limit established at § 214.2(d). However, the five (5) year limit shall not apply to veterans who are classified by the U.S. Department of Veterans Affairs as suffering a medical impairment of 30 percent or more.

214.6 The spouse or domestic partner of a disabled veteran may claim a ten (10)-point hiring preference when the veteran is not fit to hold an OAG position within the veteran’s primary occupation because of a service-connected disability but would otherwise be eligible for veterans’ preference.

214.7 A spouse or former domestic partner of a service member who dies while on active duty may be eligible to claim a ten (10)-point hiring preference. To be eligible, the applicant must not have remarried or entered into a new domestic partnership following the death of the service member. In addition, to be eligible, the former service member’s death must have occurred under circumstances that would not have been cause for separation with other than an honorable or general discharge.

214.8 There is no time limit for an eligible spouse or domestic partner to claim a veterans’ preference.

214.9 Retirees of the armed forces shall not be eligible to receive the preference.

214.10 Veterans shall be required to furnish one or more of the following documents upon request to receive veterans’ preference points:

A copy of the Department of Defense Form 214 (DD 214), Certificate of Release or Discharge from Active Duty;

Certificates indicating Honorable Discharge or General Discharge under honorable conditions or documentation provided to establish eligibility pursuant to § 214.3;

Certificate of transfer to Fleet Naval or Marine Corps Reserve;

Certificate of transfer to Enlisted Reserve Corps;

Report of separation from Service Department, provided honorable separation is shown;

Certificate of Satisfactory Service of release from active duty;

Official statement from Service Department that honorable separation was effectuated; or

Certification from the U.S. Department of Veterans Affairs indicating that the veteran has a service-connected disability.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 214

6-C DCMR § 215 FOSTER CARE YOUTH EMPLOYMENT PREFERENCE

215.1 A person who applies for a competitive appointment or promotion and who, at the time of application, is 18 to 21 years of age and is in foster care, or who is within five (5) years of leaving foster care, may be awarded a 10-point hiring preference. To be awarded the foster care youth hiring preference, the applicant must:

Currently be in a foster care program administered by the Child and Family Services OAG (CFSA); or

Currently be a resident of the District and have left a foster care program administered by CFSA within the last five (5) years.

215.2 To receive preference, the applicant must provide a letter or other documentation satisfactory to OAG, from CFSA or the Family Court of the D.C. Superior Court showing that the applicant is currently in foster care or showing the date the applicant left CFSA’s supervision.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 215

6-C DCMR § 216 ELIGIBLE APPLICANTS

216.1 Pursuant to § 211.5, each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. The eligible applicants comprise the “register” of eligible applicants.

216.2 For purposes of § 216.1, OAG may develop and implement rating and ranking tools necessary for validating applicant scores and assessing candidates. If an applicant’s initial screening score is invalidated using these tools, the candidate may be rejected from further consideration.

216.3 A register shall remain in existence until exhausted, except when an earlier termination date is authorized by OAG.

216.4 OAG may require an applicant to provide documentary evidence of his or her qualifications and eligibility for any employment preference claimed prior to his or her inclusion in the register.

216.5 At the option of the selecting official, the number of applicants forwarded to the selecting official for his or her consideration shall be either the top five (5) or top ten (10) highest-scoring candidates.

216.6 Selecting officials shall employ assessment tools consistent with §§ 217 and 218 to select appointees from the applicants forwarded for consideration. If the position is not filled from the forwarded applicants, the selecting official shall provide a written justification for non-selection. Thereafter, the next five (5) or ten (10) highest scoring candidates shall be submitted to the selecting official for consideration. This pattern of justification for non-selection and submission of candidates to the selecting official shall continue until the position is filled or the register is exhausted.

216.7 Hiring managers may seek approval from the Attorney General or designee to select candidates based on their initial screening scores rather than subsequent assessments or evaluations. When this occurs, the candidate who receives the highest score shall be given a conditional offer of employment for the position. In the event more than one candidate is tied for the highest score, a candidate shall be appointed based on the following order of priority:

First, applicants claiming residency preference;

Second, applicants claiming veterans’ or foster care preference;

Third, the earliest submitted application, based on the time and date of application.

216.8 Notwithstanding § 402.2, whenever OAG considers a current or former District of Columbia employee for a competitive appointment, OAG shall conduct a general suitability assessment.

Such an assessment shall include determining the candidate’s prior conduct and performance with the District government, the reason(s) for prior separating from each position held and consulting government officials with personal knowledge as to the candidate’s past work performance.

As with any candidate for government service, OAG shall conduct at least three (3) reference checks. References should generally include individuals identified by both the candidate and OAG.

216.9 Should a candidate subsequently fail to meet any suitability requirements pursuant to Chapter 4, the selecting official may select another candidate in accordance with §§ 216.5 through 216.7.

216.10 Any candidates remaining on a register after a selection has been made may be transferred to the register for any established vacancy with the same area of consideration. OAG is not required to make such a transfer.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 216

6-C DCMR § 217 ASSESSMENTS, EVALUATIONS, AND SELECTION PROCEDURES

217.1 All selection criteria shall be based on a job analysis of a single position, group of positions, an occupation, or a group of occupations having common characteristics. Selection criteria shall, at a minimum, include:

The basic duties and responsibilities; and

The knowledge, skills, and abilities required to perform those duties and carry out the responsibilities in a manner that honors the public trust.

217.2 Competitive selection procedures shall:

Consist of written, oral, or performance examinations, or two or more of these examination types;

Be practical in character and fairly test the relative ability and fitness of candidates for jobs to be filled;

Result in selection from among the best qualified candidates;

Be developed and used without bias; and

Comply with other requirements of applicable equal employment opportunity laws.

217.3 All competitive selection procedures shall be properly validated prior to their use.

Upon request, agencies shall provide OAG with evidence that the selection procedures used minimize or eliminate discrimination.

Evidence validating competitive selection procedures should demonstrate that the procedure used is predictive of or significantly correlated with required job performance.

217.4 OAG may refuse to examine, refuse to declare as eligible after examination, or withhold or withdraw from certification prior to appointment, any person who fails to meet the requirements of the position.

217.5 OAG shall permit the rescheduling or alternate scheduling of an examination or interview for a candidate who was unable to attend the administration of an examination or interview because of the following:

Reserve or National Guard drill or summer camp;

Religious beliefs;

Illness or injury of sufficient seriousness as to require hospitalization;

An administrative error on the part of the examining office; or

Other reason acceptable to OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 217

6-C DCMR § 218 INTERVIEW PANELS AND OTHER ASSESSMENT TOOLS

218.1 Baseline interview questions and other assessment tools, such as writing exercises, must be submitted to the recruitment specialist prior to the evaluation of candidates.

218.2 When interviews are not used, assessment tools beyond the initial screening, such as writing samples or written examinations, shall be scored on a 100-point scale. Any preference points applied during the initial screening phase shall be added to points earned on the new 100-point scale.

218.3 When used, interview panels shall be comprised of a minimum of three (3) and maximum of five (5) individuals who have experience in or in-depth knowledge of the requirements of the position.

At least fifty percent (50%) of the interview panel shall be OAG employees.

Interview panelists shall be no more than one (1) grade lower, or its equivalent, than the position to be filled.

218.4 When developing a list of panel members, agencies shall identify two (2) alternates who may serve on the panel in the event a panelist is unable to attend an interview due to a personal emergency or scheduling conflict. Names of alternates must be provided to the recruitment specialist prior to the evaluation of candidates.

218.5 During, or immediately following a candidate interview, each panelist shall make notes of candidates’ responses to interview questions.

218.6 After all candidates have been interviewed, a selection shall be made by majority vote of the panel.

Interviews shall not be scored.

Additional assessment tools, such as writing samples and examinations, may be considered within the context of the interviewing process, but shall not be scored directly.

218.7 Final selections must be submitted to the recruitment specialist within two (2) days of the date of the last interview or assessment and shall include a written justification for the selection.

218.8 Final selections shall not be authorized without interview notes or other rating criteria from non-interview assessments, whichever applies.

218.9 Notwithstanding § 218.3, the Attorney General or his or her designee, may interview a final selectee. Based on the interview, the selectee may be rejected. Whenever a final selectee is rejected, the Attorney General, or his or her designee, shall create a record establishing the specific business justification(s) for the rejection. In the event the final selectee is rejected, the selecting official may return to the existing register of applicants to make a new selection.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 218

6-C DCMR § 219 SPECIAL EMPLOYMENT PROGRAMS

219.1 OAG shall establish employment programs designed to attract and utilize persons with minimal qualifications, but potential for employment, and other appropriate target groups to provide career development opportunities.

219.2 A person appointed under § 219.1 shall be given a time-limited, temporary or term appointment.

219.3 An employee serving in a Career Service position in a program established under this section or a special Excepted Service appointment as defined at D.C. Official Code § 1-609.04(2) may be converted to a permanent Career Service position based upon competition limited to participants in the respective program.

219.4 An employee converted to a permanent Career Service position pursuant to § 219.3 is subject to any applicable probationary period.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 219

6-C DCMR § 220 REINSTATEMENTS

220.1 Except for a person who has a retreat right to a position in the Career Service as provided in Chapters 9 and 10, a person who has served for at least three (3) years shall receive permanent reinstatement eligibility following the date of his or her separation from OAG employment if he or she:

Previously held a permanent Career Service appointment;

Was not terminated for cause; and

Meets the minimum qualifications for the position.

220.2 A person having reinstatement eligibility may be appointed noncompetitively to a position with no greater promotional potential than that available under his or her last permanent Career Service position, and at an equivalent grade no higher than the grade of his or her last permanent Career Service position.

220.3 A person reinstated pursuant to this section shall be appointed to a permanent Career Service position.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 220

6-C DCMR § 221 OFFERS OF EMPLOYMENT

221.1 All salaries shall be offered and negotiated in accordance with Chapter 11.

221.2 An offer shall be conditioned on any general or enhanced suitability screening required under Chapter 4.

221.3 No enhanced suitability screening shall be performed prior to the candidate receiving and accepting a conditional offer of employment.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 221

6-C DCMR § 222 ORIENTATION AND ONBOARDING

222.1 OAG shall design an onboarding program that acclimates employees to the culture and values of the District government and OAG. At minimum, the onboarding program shall include a comprehensive orientation.

222.2 Employee orientation programs shall include:

An overview of the OAG’s history, operations, mission, vision, and values; and

Information on the District government and OAG’s benefits and retirement programs, workplace wellness initiatives, and other employee benefit programs.

222.3 OAG shall provide new employees with an overview of the OAG’s history, mission, vision, and values and how they align with the overall mission of the District government and the Mayor. OAG level orientation programs shall also provide an overview of any applicable OAG standard operating procedures, including but not limited to any policies relating to tours of duty, leave, and time reporting.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 222

6-C DCMR § 223 PROBATIONARY PERIODS

223.1 OAG shall utilize the probationary period as fully as possible to determine the employee’s suitability and qualifications as demonstrated by the employee’s knowledge, skills, and abilities as well as his or her conduct.

223.2 Generally, a person appointed to a Career Service position shall be required to serve a probationary period of one (1) year. However, individuals appointed to the following positions shall serve a probationary period of eighteen (18) months.

223.3 For purposes of § 223.1(b), “operations positions” mean telephone equipment operators, customer service representatives, and dispatchers.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 223

6-C DCMR § 224 EXTENDING PROBATION

224.1 Notwithstanding § 224, OAG may identify classes of positions that shall be subject to a probationary period of longer than one (1) year.

224.2 Factors or conditions that would warrant a probationary period requirement longer than one (1) year for a specific class of positions include, but are not limited to:

OAG’s need to provide new hires with formalized classroom or field training, or both, that is pertinent to the position;

OAG’s use of a standardized training evaluation system for new hires, the successful completion of which is a pre-requisite for a new hire to be able to perform the duties of the position; or

A new hire’s need to complete courses or training necessary for receiving certification(s) required for the position.

224.3 Managers seeking a probationary period of longer than one (1) year shall submit a written request for authorization to Attorney General or designee. The justification shall detail the factors or conditions warranting the longer period, with specific reference to the factors outlined in § 224.2, if applicable.

224.4 Classes of positions subject to probationary periods of longer than one (1) year shall be published online by OAG. Failure to publish classes of positions subject to a probationary period longer than one (1) year shall not affect the existence of the probationary period.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 224

6-C DCMR § 225 COMPLETING PROBATION

225.1 Satisfactory completion of the probationary period is a prerequisite to continued employment in the Career Service.

225.2 Upon initial appointment, a probationary employee shall be informed of the performance expectations for his or her position. The performance of a probationary employee shall be evaluated as specified in Chapter 14.

225.3 Service credit toward completion of the probationary period shall be given for the following absences:

Leave with pay, except for:

Leave authorized under § 227.3 unless the separation is subsequently reversed; and

Leave in excess of ten consecutive (10) days;

Military duty;

Leave due to a disability arising from work with the OAG; and

Separations, suspensions, or furloughs that are subsequently reversed by a personnel authority, an administrative tribunal, or a court.

225.4 The probationary period required by § 223 shall be extended for each workday that an employee is in a non-pay status for any reason.

225.5 A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave pursuant to § 1286.9.

225.6 An employee who is transferred, promoted, or reassigned before they complete probation shall be required to complete the remaining portion of his or her probationary period.

225.7 Upon the employee’s return from active military duty an employee shall be required to complete the remaining portion of his or her probationary period, if he or she entered such military duty before completing probation and did not complete probation through service credit during active military duty, and if he or she has restoration rights in accordance with §§ 228 and 220.

225.8 Service completed under a temporary or term Career Service appointment or under a special appointment in the Excepted Service as defined in D.C. Official Code § 1-609.04(2) shall be creditable toward completion of the probationary period if:

The service was rendered immediately preceding the appointment or conversion to the permanent Career Service position; and

A new probationary period would not otherwise be required pursuant to § 226 if the employee had satisfactorily completed probation.

225.9 No leave granted during a period of advanced notice of termination shall be credited toward completion of the probationary period unless the separation is subsequently reversed.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 225

6-C DCMR § 226 NEW PROBATIONARY PERIODS

226.1 Except when the appointment is affected with a break in service of three (3) days or more, or as otherwise specified in this chapter, an employee who once satisfactorily completed a probationary period in the Career Service shall not be required to serve another probationary period.

226.2 An employee who once satisfactorily completed a probationary period in the Career Service shall be required to serve another probationary period when the employee:

Is appointed through open competition to a position with a different educational requirement; or

Is appointed through open competition to a position with different licensure, certification, or other similar requirements.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 226

6-C DCMR § 227 SEPARATION OF PROBATIONARY EMPLOYEES

227.1 Whenever a Career Service employee fails to perform his or her duties at a satisfactory level during the probationary period, probation shall be terminated and the employee shall be separated from government service.

227.2 When an employee is separated pursuant to § 227.1, OAG shall notify the employee in writing of the effective date of the separation.

227.3 OAG may provide a probationary employee advanced written notice of his or her separation and may place the employee on administrative leave for up to ten (10) days prior to the effective date of the separation.

227.4 Separation from government service during a probationary period is neither appealable nor grievable.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 227

6-C DCMR § 228 RETURNING TO DUTY

228.1 The following “covered” employees are eligible to be returned to duty:

Employees whose absences from their positions are necessitated by military service and who have reemployment rights and benefits pursuant to 38 U.S.C. § 4312;

Employees who are receiving disability compensation pursuant to Title 7, Chapter 1, of these regulations; and

Uniformed members of the Metropolitan Police Department (MPD) and Fire and Emergency Medical Services Department (FEMS) who are retired because of disability pursuant to D.C. Official Code §§ 5-709 or 5-710.

228.2 OAG shall:

Identify the position vacated and maintain necessary records to ensure rights and benefits are granted as required;

Consider covered employees for all promotions for which the employee would have been considered had the employee not been absent;

If the position of the covered employee is reclassified to a higher grade, place the employee in the regraded position upon restoration to duty; and

228.3 When it can be determined that the employee would have received a promotion had he or she not been absent, the employee shall be promoted effective on the date the promotion would have been made had the employee not been absent.

228.4 Unless occupied by an employee in a higher retention group under Chapter 24, an employee covered by § 228.1(a) or (b) shall be restored to a position of like status and pay in the following order of priority:

To the position he or she would have been promoted to, or its equivalent, during their absence;

To the employee's former position; or

To the next best available position in the employee’s OAG for which the employee is qualified.

228.5 If two (2) or more employees are entitled to be returned to the same position, the employee who left the employee’s position first shall be returned first.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 228

6-C DCMR § 229 RETURNING FROM MILITARY DUTY

229.1 An employee who is covered by § 228.1(a) may resign or may be either separated or furloughed, i.e., placed on leave without pay status, by the District while he or she is on military duty by his or her OAG. Regardless of the nature of the administrative action taken, all such employees shall be entitled to be returned to duty pursuant to this section. Employees who are eligible for military leave pursuant to § 1262 may use military leave.

229.2 OAG shall not demote or separate an employee while the employee is on furlough or military leave pursuant to § 1262. If the employee's position is abolished during his or her absence, OAG shall reassign the employee to another position of like status and pay upon returning to duty with the OAG.

229.3 If an employee returning from military duty applies for re-employment within ninety (90) days after discharge from service, or from hospitalization continuing after discharge for a period of not more than one (1) year, the employee shall be returned to duty as soon as possible, but no later than thirty (30) days after submitting his or her complete application.

229.4 When a disability sustained during military duty disqualifies an employee from returning to a position of right, OAG shall return the employee to duty in a position for which he or she is qualified and provides like status and pay, to the extent possible.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 229

6-C DCMR § 230 RETURNING FROM A WORKPLACE DISABILITY

230.1 OAG shall carry employees covered under § 228.1(b) on leave without pay for two (2) years (the “two- (2) year period”) from the date of lessening of disability as determined by the Public Sector Workers’ Compensation Program or, in the case of an employee holding a temporary or term appointment, until the expiration of the appointment, whichever occurs first.

230.2 At the end of the two- (2) year period, an OAG shall separate the employee according to the procedures established in § 1605. An employee holding a temporary or term appointment that expires during the two- (2) year period shall be separated upon the expiration of his or her temporary or term appointment.

230.3 While on leave, employees shall be subject to the same terms and conditions of employment as though the disability had not occurred.

230.4 When an employee is medically capable of resuming full-time employment, the employee shall be immediately returned to duty in his or her former position, or its equivalent, unless the employee is no longer fit for duty or held a temporary or term appointment that expired. For purposes of this subsection, an equivalent position includes a reassignment or transfer to another position at no less than the employee’s preinjury salary.

230.5 When an employee is not medically capable of resuming full-time employment because of compensable injury within the two- (2) year period, and is separated pursuant to § 230.2, the employee shall be provided priority consideration for re-employment to the position he or she occupied, or its equivalent, provided he or she is fit for duty and applies for re-employment within thirty (30) days of termination of workers’ compensation indemnity payments.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 230

6-C DCMR § 231 TRANSFERS

231.1 A transfer occurs when an employee moves from a position under one personnel authority to another position under a different personnel authority. Transfers shall be coordinated between the respective personnel authorities.

231.2 An employee may be transferred noncompetitively from his or her current position to a new position under a different personnel authority when the new position is of the same or equivalent grade and has no additional promotional potential.

231.3 Whenever a transfer alters the substantive rights or benefits of an employee, the employee must agree to the transfer in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 231

6-C DCMR § 232 REASSIGNMENTS

232.1 A reassignment occurs when an employee is permanently moved from one position to another at the same or equivalent grade within OAG or to another OAG under the same personnel authority.

232.2 OAG may reassign an employee to another position when the reassignment is to a position in the same Career service at an equivalent grade with no additional promotional potential, and the employee is qualified for the new position.

232.3 Whenever a reassignment alters the substantive rights or benefits of an employee, the employee must agree to the reassignment in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 232

6-C DCMR § 233 DETAILS

233.1 A detail occurs when an employee is temporarily reassigned to a position at the same or equivalent grade.

233.2 Details may be made within OAG or between personnel authorities provided both authorities agree to the details.

233.3 Details shall be temporary in nature to meet a time-limited employment need of not more than 180 days.

233.4 OAG may extend the time limit established in § 233.3 for good cause.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 233

6-C DCMR § 234 PROMOTIONS

234.1 A promotion occurs when an employee is permanently appointed to a position at a higher equivalent grade or to a position with additional promotional potential.

234.2 Promotions may be made within OAG or to another OAG under the same personnel authority. A promotion is also authorized between personnel authorities provided both authorities agree to the promotion.

234.3 Except as provided in § 207.2 or § 228.3, employees shall be promoted using competitive appointment procedures.

234.4 To be eligible for promotion, a candidate shall meet the minimum qualification standards adopted for the position and time-in-grade requirements.

234.5 OAG shall ensure that each employee within the area of consideration who is absent for a legitimate reason receives appropriate consideration for promotion. Absences for legitimate reasons include, but are not limited to, absences due to detail, authorized leave, training, military service, disability, and temporary assignments pursuant to Chapter 27.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 234

6-C DCMR § 235 TEMPORARY PROMOTIONS

235.1 A temporary promotion occurs when an employee is reassigned to a different position at a higher equivalent grade or to a position with additional promotional potential to meet a time-limited employment need.

235.2 Temporary promotions may be made to positions within OAG or between personnel authorities provided both authorities agree to the temporary promotion.

235.3 Temporary promotions shall last no fewer than thirty (30) days and, except as provided in § 235.7, no longer than four (4) years to fulfill a specific time-limited need or project.

235.4 OAG may temporarily promote an employee without competition for no longer than 180 days.

235.5 Employees who are temporarily promoted shall be notified in writing as to the terms of the temporary promotion, including the date the promotion expires.

235.6 OAG may extend a temporary promotion so long as the total length of the temporary promotion does not exceed four (4) years, except that this period may be extended as provided in § 235.7. Any changes in the terms of a temporary promotion, including its duration, shall be reduced to writing and provided to the employee.

235.7 When a temporary promotion is supported by grant funds, OAG may extend a temporary promotion beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

235.8 Upon fulfillment of the temporary employment need, completion or termination of the assigned project, or the expiration of the temporary promotion, whichever occurs first, OAG shall return the employee to the position from which he or she was temporarily promoted or to a position with equivalent pay and promotional potential for which he or she is qualified.

235.9 Competitive temporary promotions may be made permanent without further competition.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 235

6-C DCMR § 236 DEMOTIONS

236.1 A demotion occurs when an employee is permanently reappointed from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

236.2 Demotions may be made within an OAG or to another OAG under the same personnel authority. Demotions are also authorized between personnel authorities provided both authorities agree to the position change.

236.3 OAG may demote a Career Service employee for cause pursuant to the procedures established in Chapter 16, provided the employee qualifies for the new position.

236.4 An employee may voluntarily accept a demotion to a new position, provided the employee is qualified for and accepts the new position with the lesser rights or benefits in writing.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 236

6-C DCMR § 237 RESTRICTIONS ON EMPLOYEE MOVEMENT

237.1 Employees may be detailed, reassigned, transferred, or promoted, consistent with this chapter, provided the employee has served in his or her current position for at least three (3) months. Three (3) months of service is not required for position changes due to reclassification.

237.2 A detail, reassignment, transfer, or promotion to a position with less rights or benefits may only be effected when the employee waives those rights or benefits in writing. Such a waiver shall be included in the employee’s official personnel record.

237.3 No Career Service employee may be detailed, temporarily promoted, reassigned, or transferred from a non-covered position to a covered position, as defined by Chapter 4, unless the employee first agrees in writing to the required enhanced suitability screenings.

237.4 Except when waived, any employee's right to continued employment shall not be impacted by a promotion, demotion, or reassignment.

237.5 OAG may move an employee from one position to another when:

All necessary classification actions have been completed;

The employee satisfies all qualifications and other requirements; and

For movements involving involuntary reduction in grade, rank, or pay, the applicable procedural requirements have been met.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 237

6-C DCMR § 238 TIME-IN-GRADE REQUIREMENTS

238.1 Employees may advance by promotion or appointment no more than one (1) grade interval, except when he or she meets the following time-in-grade requirements:

For employees at grade 12 or above, only after he or she has served one (1) year at the next lower grade, or the equivalent;

For an employee at grades 6 through 11, only after he or she has served:

One (1) year in a position two (2) grades lower, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at two (2) grade intervals; or

One (1) year at the next lower grade, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at one (1) grade intervals; and

An employee may be advanced to a position at grade 5 or below without regard to time-in-grade requirements.

238.2 Notwithstanding § 238.2, OAG may, but is not required to, waive the time-in-grade requirement when the employee competes for the higher-graded position and is selected based on objective business criteria. Objective business criteria include:

The employee’s work experience, including prior work performed at or above the new grade;

The employee’s education, superior academic credentials, or superior academic achievements; and

Internal equity.

238.3 If selected for the higher-grade position, an employee who was granted a waiver of the time-in-grade requirements shall be required to complete one (1) year of service in the new position before he or she is eligible for further promotion.

238.4 When applying the time-in-grade requirements of this section and crediting prior service and experience towards meeting time-in-grade, an employee will receive credit for:

Prior District or federal government service under an appointment at the same or higher grade than the employee’s current appointment;

Any relevant specialized experience with the military, state, or local governments, or with the private sector; and

Any relevant college or university education.

238.5 OAG shall develop procedures for the granting of waivers of the time-in-grade requirements and the circumstances and conditions for crediting prior service towards meeting time-in-grade.

238.6 OAG may not grant time-in-grade waivers for career ladder promotions.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 238

6-C DCMR § 239 VOLUNTEERS

VOLUNTEERS

239.1 To better support the provision of services to District residents, businesses, and visitors, the Office of the Attorney General (“OAG”) welcomes volunteers to augment OAG’s programs and services to the greatest extent possible.

239.2 OAG accepts volunteer services to:

Supplement existing programs and services that are staffed by OAG employees by providing services for roles that are not yet filled, or duties that are not being carried out, by employees;

Create an OAG service that would not otherwise be available with existing programs or resources;

Temporarily cover an OAG employee’s duty during the employee’s temporary absence; and

Temporarily perform regular OAG employee duties to address temporary workload increase or to temporarily assist with an existing work backlog.

OAG shall not:

(a) Accept regularly scheduled volunteer services from an employee of OAG if the volunteer services to be provided by the employee would be the same type of work the employee performs as part of their normal work duties for OAG; or

Use a volunteer to fill any authorized position or to perform any service which is currently being performed by an employee of OAG.

To be eligible to perform volunteer services for OAG, an individual shall:

Be age fourteen (14) or older (with parental consent required for volunteers under age eighteen (18));

Be qualified to carry out the specific duties and responsibilities of the anticipated volunteer services, including but not limited to any applicable physical and mental health requirements established pursuant to Chapter 20 of Subtitle B;

Be able to carry out the volunteer services without a conflict of interest or the appearance of a conflict as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03) and Chapter 18 of Subtitle B;

Successfully undergo any suitability checks required under Chapter 4 of Subtitle B;

Not be precluded from performing volunteer services by law; and

Be advised of the scope of their volunteer duties and agree, in writing, to perform such duties according to the terms and conditions established by these rules.

To provide volunteer services, an eligible individual must submit an application to OAG.

239.6 After OAG selects an individual to provide volunteer services, OAG and the volunteer shall execute a volunteer services agreement. The agreement shall include:

The nature and scope of the volunteer service(s) to be performed;

The OAG employee who will serve as the volunteer’s supervisor; and

Notices informing the volunteer that they:

Are subject to the employee conduct rules established at Chapter 18 of Subtitle B;

Are prohibited from engaging in political activity as specified for employees under Sections 3 and 4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03);

Are prohibited from undertaking matters where they have a conflict of interest as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03(a)) while engaged in volunteer service;

Are not eligible for any employee benefits, including health, life, retirement, unemployment compensation, leave accruals, and collective bargaining; and

Serve at the pleasure of OAG, and that their service may be terminated for any reason whatsoever, at any time, and such termination is neither grievable nor appealable.

OAG shall develop volunteer service applications, agreement forms, and the procedures to be used in its volunteer services program.

OAG shall assign each volunteer to an OAG employee or staff member(s) who shall:

Determine and monitor the days and hours when volunteer services shall be performed;

Assign specific duties and tasks to the volunteer;

Supervise and control the volunteer’s activities;

Provide informal performance feedback; and

Sign or approve any pertinent forms for the volunteer, such as for community service hours required by a court, for high school graduation, or for merit badges.

239.9 OAG shall not use volunteer services directly or indirectly to support a reduction in force action under Chapter 24 of Subtitle B, or to otherwise displace any employee.

239.10 A volunteer shall be covered under the following provisions:

(a) Chapter 4 (Suitability) of Subtitle B;

(b) Chapter 20 (Health) of Subtitle B;

(c) Title XXIII of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.01 et seq.); and

(d) The District of Columbia Employee Non-Liability Act, approved July 14, 1960 (74 Stat. 519; D.C. Official Code § 2-411 et seq.).

239.11 A volunteer shall not engage in political activity as prohibited for employees under Sections 3 and 4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03).

Notwithstanding the definition of “employee” set forth in § 299, and except where it would be impracticable to apply a provision to an individual who is not a salaried or wage employee or where doing so would be incompatible with the provision, a volunteer shall be considered an employee for purposes of:

Chapter 18 (Employee Conduct) of Subtitle B;

Chapter 31 (Records Management and Privacy of Records) of Subtitle B; and

Chapter 40 (Travel Expenses) of Subtitle B.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022); as amended by Final Rulemaking published at 72 DCR 011549 (October 17, 2025). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 239

6-C DCMR § 299 DEFINITIONS

299.1 For the purposes of this chapter, the following definitions apply:

Area of consideration ─ the area in which applications will be accepted in a specific recruitment action.

Break in service ─ the period between separation and reemployment.

Career ladder ─ A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

Career Service ─ all positions, including part-time positions, of the OAG that are not included in the Educational Service, Excepted Service, Legal Service, Management Supervisory Service, or Executive Service.

Conversion ─ the changing of a temporary or term Career Service position to a permanent Career Service position.

Days ─ calendar days for all periods of more than ten (10) days and business days for all periods of ten (10) days or less.

Demotion ─ the permanent appointment of an employee from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

Detail ─ the temporary reassignment of an employee to another position at the same or equivalent grade.

Employee ─ an individual who performs a function of the OAG and receives compensation for the performance of such services, excluding contractors and their employees or subcontractors.

Equivalent grade – when comparing two (2) salary schedules, two (2) grades on the respective schedules are equivalent when the midpoint salaries for both grades are plus or minus ten percent (+/- 10%).

Foster care ─ Twenty-four (24)-hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

Foster child ─ a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code § 16-2320 or whose parents’ parental rights have been relinquished pursuant to D.C. Official Code § 4-1406.

Manager ─ an employee vested with the authority to direct the work of an organization; held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the process of an organization toward meeting goals; and making adjustments in objectives, work plans, schedules, and commitment of resources. A manager serves as a head or assistant head of a major organization or specialized project of marked difficulty, responsibility, or community significance.

Open competition ─ a hiring process that considers all applicants within an area of consideration for a given job.

Personnel authority ─ an individual or entity authorized by law to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia. For purposes of this chapter, the Attorney General is OAG’s personnel authority.

Planned management action ─ an action wherein management has a recognized option or alternative to assign work between two (2) or more employees and assigns the work to a particular employee.

Position change ─ a promotion, demotion, reassignment, or transfer.

Probationary period ─ except otherwise specified in this chapter, a one-year (1-year) trial period when an employee must demonstrate his or her qualification and ability for the position.

Promotion ─ the change of an employee to a position at a higher equivalent grade or with additional promotional potential.

Public official ─ an officer, an employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

Qualified candidates ─ those who meet established qualification requirements for the position, including any selective factors.

Reassignment ─ the permanent change of an employee from one position to another without promotion or demotion under the same personnel authority.

Relative ─ a person’s father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Register ─ a list of eligible applicants for a given vacancy announcement.

Selective factors ─ knowledge, skills, or abilities essential for successful performance of a job, which are in addition to the basic qualification standard for a position.

Temporary appointment ─ a time-limited appointment as described in § 209.1.

Temporary promotion ─ a time-limited promotion as defined in § 235.1.

Term appointment ─ a time-limited appointment as described in § 209.2

Transfer ─ movement of an employee from one personnel authority to another personnel authority at the same equivalent grade and with the same promotional potential.

Volunteer – a person who donates their services to a specific program or division of OAG, by their own free choice, without expectation of any future benefit from OAG or the District government, and without payment for the services rendered. The reimbursement of the actual expenditures by a volunteer on behalf of OAG shall not make that person an employee of OAG or the District government for purposes of this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022); as amended by Final Rulemaking published at 72 DCR 011549 (October 17, 2025). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 299

6-C7 EQUAL EMPLOYMENT OPPORTUNITY

6-C DCMR § 700 EQUAL EMPLOYMENT OPPORTUNITY

700.1 The Office of the Attorney General is an equal opportunity employer. In accordance with District of Columbia and federal anti-discrimination law, OAG shall effectuate these principles and mandates.

700.2 OAG prohibits discrimination and harassment of any type and affords equal employment opportunities to employees and applicants without regard to claims of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, genetic information, matriculation, political affiliation, disability, source of income, or place of residence or business.

700.3 OAG conforms to the spirit as well as to the letter of all applicable laws and regulations including but not limited to Title VII of the Civil Rights Act of 1964 as amended, the D.C. Whistleblower Reinforcement Act, the Americans with Disabilities Amendment Act, the Age Discrimination in Employment Act, the District of Columbia and Federal Family and Medical Leave Acts, the District of Columbia Human Rights, and the Uniformed Services Employment and Reemployment Rights Act.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 700

6-C DCMR § 701 SCOPE

701.1 The policy of equal employment opportunity (EEO) and anti-discrimination applies to all aspects of the relationship between OAG and its employees, including: recruitment, employment, promotion, transfer, training, working conditions, wages and salary administration, employee benefits and application of policies.

701.2 OAG’s EEO policies and principles also apply to the selection and treatment of independent contractors, personnel working on our premises who are employed by temporary agencies and any other persons or firms doing business for or with OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 701

6-C DCMR § 702 DISSEMINATION AND IMPLEMENTATION OF POLICY

702.1 OAG shall disseminate its EEO policies regularly. Managers and supervisors are responsible for implementing equal employment practices within each division. OAG’s EEO Director and HR Manager are responsible for overall EEO compliance and will maintain personnel records in compliance with applicable laws and regulations.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 702

6-C DCMR § 703 PROCEDURES

703.1 OAG administers its EEO policy fairly and consistently by:

(a) Posting all required notices regarding employee rights under EEO laws in areas highly visible to employees.

(b) Advertising for job openings with the statement "We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law."

(c) Posting all required job vacancies that require competitive recruitment.

(d) Forbidding retaliation against any individual who files a charge of discrimination, opposes a practice believed to be unlawful discrimination, reports harassment, or assists, testifies or participates in an EEO agency proceeding.

(e) Requiring employees to report to OAG’s EEO Officer or Chief of Staff, any apparent discrimination or harassment. The report should be made within 24 hours of the incident.

(f) Specifically requiring managers to notify OAG’s EEO Officer or Chief of Staff of all incidents or reports of discrimination or harassment and takes other appropriate measures to resolve the circumstances.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 703

6-C DCMR § 704 HARASSMENT

704.1 Harassment is a form of unlawful discrimination and violates OAG’s and the District’s EEO policy. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

(c) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

704.2 Harassment also includes unwelcome conduct that is based on claims of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, genetic information, matriculation, political affiliation, disability, source of income, or place of residence or business.

704.3 Harassment becomes unlawful where: 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

704.4 OAG encourages employees to report all incidents of harassment to OAG’s EEO Officer or Chief of Staff.

704.5 OAG shall conduct EEO and harassment prevention training for all employees.

704.6 OAG maintains and enforces a separate policy on harassment prevention, complaint procedures and penalties for violations.

704.7 OAG shall investigate all complaints of harassment promptly and fairly, and, when appropriate, takes immediate corrective action to stop the harassment and prevent it from recurring.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 704

6-C DCMR § 705 REMEDIES

705.1 Violations of OAG’s policy, regardless of whether an actual law has been violated, will not be tolerated. OAG shall promptly, thoroughly and fairly investigate every EEO issue that is brought to its attention and will take disciplinary action, when appropriate, up to and including termination of employment.

History

• SOURCE: Final Rulemaking published at 69 DCR 004198 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 705

6-C9 EXCEPTED SERVICE

6-C DCMR § 900 APPLICABILITY AND DELEGATION OF AUTHORITY

900.1 This chapter applies to all appointments in the Excepted Service under the authority of the Attorney General.

900.2 All Excepted Service appointees shall serve at the pleasure of the Attorney General.

900.3 The Attorney General or designee shall administer the provisions in this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 900

6-C DCMR § 901 EXCEPTED SERVICE CLASSIFICATION SYSTEM AND STANDARDS

901.1 Each Excepted Service position shall be classified in its appropriate grade based on the level of difficulty, responsibility, and qualification requirements of the work.

901.2 The Attorney General may adjust the grade, pay level, or salary of a position for an individual appointed as an expert or consultant.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 901

6-C DCMR § 902 EXCEPTED SERVICE QUALIFICATIONS AND OTHER APPOINTMENT REQUIREMENTS

902.1 All Excepted Service appointees shall be subject to reference, credit and criminal background checks.

902.2 The Attorney General or designee shall appoint suitable individuals of moral character and dedication to carry out government business in a manner that honors the public trust.

902.3 Employment in the Excepted Service shall comply with the Immigration Reform and Control Act of 1986.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 902

6-C DCMR § 903 PAY PLAN AND PAY-FOR-PERFORMANCE SYSTEM FOR THE EXCEPTED SERVICE

903.1 An Excepted Service Pay Schedule (“ES Schedule”) is the basic pay schedule for all Excepted Service positions.

903.2 The structure and application of the ES Schedule provides flexibility in hiring and compensation for Excepted Service positions.

903.3 Except as otherwise determined by the Attorney General or designee, an annual salary increase for an employee paid under the ES Schedule shall become effective on the last full biweekly pay period in the calendar year pay period number 26, or pay period number 27.

903.4 An employee paid under the ES Schedule is eligible for an annual salary increase at the discretion of the Attorney General based on performance.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 903

6-C DCMR § 904 EXCEPTED SERVICE POSITIONS

904.1 The following are examples of Excepted Service positions:

(a) Director of Community Engagement;

(b) Communications Director;

(c) Community Engagement Coordinator;

(d) Public Affairs Specialist;

(e) Any position that reports directly to the Attorney General

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 904

6-C DCMR § 905 METHOD OF MAKING EXCEPTED SERVICE APPOINTMENTS

905.1 A person may be appointed to any position in the Excepted Service by the Attorney General non-competitively, provided that the individual appointed is well qualified for the position.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 905

6-C DCMR § 906 EXCEPTED SERVICE APPOINTMENTS OF CAREER SERVICE OR LEGAL SERVICE EMPLOYEES

906.1 Any person holding a position in the Career Service or Legal Service may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service, to a position that would otherwise be in the Excepted Service without losing his or her existing status in the Career Service or Legal Service.

906.2 The temporary nature of an appointment under this section shall be clearly stated and recorded on the appointing personnel action or actions. This requirement may be met by specifying the anticipated duration of the appointment by including a not-to-exceed (NTE) date in the appointing personnel action(s). Additionally, the appointing personnel action(s) shall include remarks specifying all of the following:

The temporary nature of the appointment to the Excepted Service position;

That the appointee was informed in writing of the conditions of employment under the new appointment, and accepted the appointment;

That the appointee will not lose his or her existing status in the Career Service or Legal Service by accepting the temporary appointment to the Excepted Service position; and

That, upon termination of the temporary appointment to the Excepted Service position, the appointee is entitled to be returned to the Career Service of Legal Service position he or she occupied prior to the temporary assignment, or to an equivalent position.

906.3 Any person offered an appointment to a position in the Excepted Service under this section who declines or refuses to accept such appointment shall continue to be subject to the rules applicable to the service in which he or she has existing status. The appointee must accept or decline the appointment in writing.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 906

6-C DCMR § 907 EMPLOYEE RIGHTS

907.1 Appointment to the Excepted Service does not create a permanent career status.

907.2 A person appointed to the Excepted Service shall serve at the pleasure of the Attorney General; may be terminated at any time, with or without a stated reason; and does not have any right to appeal the termination.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 907

6-C DCMR § 908 RESTRICTIONS ON SUBSEQUENT APPOINTMENT TO THE CAREER, OR MANAGEMENT SUPERVISORY SERVICE

908.1 An Excepted Service appointee may not be appointed to a position in the Career or Management Supervisory during the period that begins six (6) months prior to an Attorney General primary election and ends three (3) months after the Attorney General general election.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 908

6-C DCMR § 909 RESIDENCY AND DOMICILE REQUIREMENTS

909.1 An Excepted Service appointed shall meet one (1) of the following criteria:

(a) Be a domiciliary of the District of Columbia at the time of appointment and maintain such domicile for the duration of his or her employment; or

(b) Become a domiciliary of the District of Columbia within one-hundred eighty (180) days of the date of his or her appointment and maintain such domicile for the duration of his or her employment.

909.2 Failure to meet the domicile requirement shall result in forfeiture of employment.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 909

6-C DCMR § 910 RESERVED

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 910

6-C DCMR § 911 PRE-EMPLOYMENT TRAVEL, RELOCATION, AND TEMPORARY HOUSING ALLOWANCE

911.1 The Attorney General may pay to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position reasonable pre-employment travel expenses, relocation expenses, and a temporary housing allowance. In no event shall the maximum pre-employment travel expenses, relocation expenses, and temporary housing allowance exceed $10,000 or 10% of the individual’s or appointee’s salary, whichever is less.

911.2 The Attorney General may pay reasonable relocation expenses for an individual and his or her immediate family when that individual is selected for or appointed to a hard-to-fill policy position in the Excepted Service, if relocation is to the District of Columbia from outside the Greater Washington Metropolitan Area.

911.3 In the case of an individual eligible for relocation expenses, the Attorney General may pay a reasonable temporary housing allowance for a period not to exceed sixty (60) days for the individual and his or her immediate family.

911.4 The Attorney General may designate a position as a hard-to-fill position on the basis of demonstrated recruitment and retention problems due to problems such as but not limited to the uniqueness of the duties and responsibilities of the role or the unusual combination of highly specialized qualification requirements for the position.

911.5 Payment of expenses under this section may only be made after the selectee or appointee signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment unless separated for reasons beyond his or her control which are acceptable to the Attorney General.

911.6 Any expense incurred for which reimbursement is sought pursuant to this section must be supported by valid receipts or invoices, the originals of which must be submitted to the OAG with the request for reimbursement.

911.7 If an individual violates an agreement under this section, the money paid by OAG for expenses will become a debt due to OAG and will be recovered by set-off against accrued pay or any other amount due the individual, and by other lawful collection actions.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 911

6-C DCMR § 912 PERFORMANCE INCENTIVE AWARDS FOR EXCEPTED SERVICE EMPLOYEES

912.1 A performance incentive award may be awarded to an Excepted Service appointee consistent with procedures outlined in the OAG office order.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 912

6-C DCMR § 913 SEVERANCE PAY

913.1 The Attorney General (or designee) may, in his or her discretion, provide an individual appointed to an Excepted Service position up to ten (10) weeks of severance pay at his or her rate of basic pay upon separation for non-disciplinary reasons, as follows:

Length of Employment Maximum Severance

Up to 6 months 2 weeks of the employee’s basic pay

6 months to 1 year 4 weeks of the employee’s basic pay

1 to 3 years 8 weeks of the employee’s basic pay

More than 3 years 10 weeks of the employee’s basic pay

913.2 The number of weeks of severance pay authorized pursuant to this section shall not exceed the number of weeks between the individual’s separation and the individual’s appointment to another position in the District government.

913.3 Severance pay shall be provided at the time of separation as a lump-sum, one-time payment, subject only to the withholdings of federal, District of Columbia and State income taxes, social security taxes, and other lawful deductions, if applicable.

913.4 Severance pay is not payable to any individual who either:

Has accepted an appointment to another position in the District government without a break in service; or

Is eligible to receive an annuity under any retirement program for employees of the District government, excluding the District retirement benefit program.

913.5 An appointee who receives severance pay pursuant to this section but who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, will be required to repay the amount of severance pay attributable to the period covered by such appointment. The pro-rated amount to be repaid will be based on the entire amount of the severance pay, including all required deductions, and is payable to the OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 913

6-C DCMR § 914 PERFORMANCE EVALUATION SYSTEM FOR EXCEPTED SERVICE EMPLOYEES

914.1 The performance of employees in the Excepted Service shall be evaluated utilizing the performance management system found in Management Supervisory Service of these regulations.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 914

6-C DCMR § 915 EXCEPTED SERVICE ATTORNEY REQUIREMENTS

915.1 The following requirements of Legal Service rules are applicable to each attorney appointed to the Excepted Service:

(a) Attorney Certificate of Good Standing Filing

(b) Annual Mandatory Training

(c) Mandatory Continuing Legal Education

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 915

6-C DCMR § 916 EXEMPT TIME OFF

916.1 Exempt time off is a benefit to an overtime exempt employee in the form of time off for extraordinary hours worked. Given the nature of public business, an employee may be required by the Attorney General to work extraordinary hours from time to time. For that reason, the Attorney General, at his discretion, may grant exempt time off, which shall be used in accordance with Chapter 11 of subtitle B of title 6.

916.2 An overtime exempt employee must request the use of exempt time off in writing and the use of approved exempt time must be authorized in advance by the employee’s supervisor.

916.3 An employee may use exempt time off in the same manner as annual or sick leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 916

6-C DCMR § 999 DEFINITIONS

999.1 The following definitions apply to this chapter:

Excepted Service – positions identified as being statutory, transitional, public employment, special category, training, or policy positions, and authorized by §§ 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01 through 1-609.08 (2012 Repl.)). These positions are not in the Career, Educational, Management Supervisory, Legal or Executive Service.

Hard-to-fill position – a position designated as a hard-to-fill position pursuant to § 911.4 of this chapter on the basis of demonstrated recruitment and retention problems due to problems such as but not limited to the uniqueness of the duties and responsibilities of the role or the unusual combination of highly specialized qualification requirements for the position.

History

• SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 999

6-C12 HOURS OF WORK, LEGAL HOLIDAYS AND LEAVE

6-C DCMR § 1201 STATUTORY AUTHORITY AND APPLICABILITY

1201.1 The statutory authority for this chapter is D.C. Official Code § 1-301.88a.

1201.2 The provisions of this chapter shall apply to all OAG employees.

1201.3 The provisions of a collective bargaining agreement shall take precedence over the provisions of this chapter for those employees covered by such an agreement, to the extent that there is a difference.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1201

6-C DCMR § 1202 DELEGATION OF AUTHORITY

1202.1 The provisions of this chapter shall be administered by the Attorney General or designee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1202

6-C DCMR § 1203 ESTABLISHMENT OF WORKWEEKS

1203.1 A basic workweek of forty (40) hours shall be established for full-time employees, not to exceed more than six (6) of any seven (7) consecutive calendar days.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1203

6-C DCMR § 1204 SCHEDULED TOURS OF DUTY

1204.1 A scheduled tour of duty shall be established on a basic forty-hour (40-hour) workweek of five (5) consecutive days, Monday through Friday, when possible, unless approved otherwise.

1204.2 The presumptive standard tour of duty for all OAG employees is 8:45 a.m. to 5:15 p.m. However, the Attorney General recognizes that a flexible work schedule promotes overall productivity, quality of service and work-life balance. Therefore, OAG employees may be permitted to structure their work schedules in accordance with the Alternative Work Schedules Program.

1204.3 Reasonable variations in an employee’s work schedule may be accommodated for the following:

Education and training programs approved by the Attorney General;

(b) Religious observances of employees whose religious traditions require time away from work;

(c) Military drills for members of any reserve component of the Armed Forces;

(d) Official board or commission meetings for employees who serve as a member on a board or commission; or

(e) Accommodations under Local and Federal Laws.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1204

6-C DCMR § 1205 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1205

6-C DCMR § 1206 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1206

6-C DCMR § 1207 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1207

6-C DCMR § 1208 ALTERNATIVE WORK SCHEDULES

(Flexible, Compressed and Flexiplace/Telecommuting)

1208.1 All employees are eligible to participate in the Alternative Work Schedule (AWS) Program. These programs are governed by Office Order 2015-03 and any subsequent amendments.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1208

6-C DCMR § 1209 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1209

6-C DCMR § 1210 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1210

6-C DCMR § 1211 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1211

6-C DCMR § 1212 REST AND LUNCH PERIODS

1212.1 The Attorney General may authorize a 15 minute break during each four (4) hour period of work.

1212.2 A lunch period of 30 minutes shall be provided to each employee; however, the Attorney General may permit the 15 minute breaks to be combined and attached to the lunch period.

1212.3 With supervisory approval, the 15 minute breaks and/or lunch period may be used to end an employee’s tour of duty early for that equivalent period of time.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1212

6-C DCMR § 1213 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1213

6-C DCMR § 1214 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1214

6-C DCMR § 1215 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1215

6-C DCMR § 1216 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1216

6-C DCMR § 1217 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1217

6-C DCMR § 1218 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1218

6-C DCMR § 1219 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1219

6-C DCMR § 1220 LEGAL PUBLIC HOLIDAYS

(a) New Year’s Day, January 1st of each year;

(b) Dr. Martin Luther King, Jr.’s Birthday, the third (3rd) Monday in January of each year;

(c) Washington’s Birthday, the third (3rd) Monday in February of each year;

(d) Memorial Day, the last Monday in May of each year;

(e) Independence Day, July 4th of each year;

(f) Labor Day, the first (1st) Monday in September of each year;

(g) Columbus Day, the second (2nd) Monday in October of each year;

(h) Veterans Day, November 11th of each year;

Thanksgiving Day, the fourth (4th) Thursday in November of each year;

Christmas Day, December 25th of each year;

District of Columbia Emancipation Day, April 16th of each year;

Inauguration Day, January 20th every four years; and

Juneteenth, June 19th of each year.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1220

6-C DCMR § 1221 ENTITLEMENT TO HOLIDAYS

1221.1 Full-time and part-time employees with a scheduled tour of duty, except student employees paid by stipend, shall be entitled to holidays.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1221

6-C DCMR § 1222 DETERMINING HOLIDAYS

1222.1 Whenever a legal public holiday falls on a workday in the basic workweek of Monday through Friday, that workday shall be the holiday.

1222.2 Whenever a legal public holiday falls on a non-workday of a basic workweek of Monday through Friday, the holiday shall be the Monday immediately following a legal public holiday occurring on Sunday, or the Friday immediately preceding a legal public holiday occurring on a Saturday.

1222.3 When a legal public holiday falls on a non-workday in a workweek that is other than Monday through Friday, the holiday shall be determined as follows:

(a) If the legal public holiday falls on the first or only non-workday of the administrative workweek, the holiday shall be the day before the legal public holiday; and

(b) If the legal public holiday falls on the second or subsequent non-workday of the administrative workweek, the holiday shall be the first scheduled workday following the legal public holiday.

1222.4 For a part-time employee, whenever a legal public holiday falls on a workday within the employee’s scheduled tour of duty that shall be the holiday.

1222.5 For a part-time employee, whenever a legal public holiday falls on a nonworkday for that employee, he or she shall not be entitled to a holiday.

1222.6 When a legal public holiday falls on an employee’s workday that covers two (2) calendar days, he or she shall be excused from work on the entire workday that begins on the calendar day of the legal public holiday.

1222.7 An employee who has two (2) regular tours of duty, both beginning on a holiday, shall be excused from work on the first tour of duty that begins on the holiday.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1222

6-C DCMR § 1223 EFFECT OF HOLIDAYS

1223.1 [RESERVED].

1223.2 [RESERVED].

1223.3 [RESERVED].

1223.4 An employee who is required to work on a holiday is entitled to holiday premium pay. Holiday premium pay is double the amount of an employee’s rate of basic pay.

1223.5 An employee who is required to work on a holiday, but whose absence is approved by management, shall be charged sick leave, annual leave, or other leave as appropriate.

1223.6 An employee under an alternative work schedule who is required to work on his/her AWS day off, which falls on a holiday shall be entitled to holiday premium pay.

1223.7 [RESERVED].

1223.8 An employee must be in pay status to be entitled to pay on a holiday, unless the employee works on that holiday.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1223

6-C DCMR § 1224 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1224

6-C DCMR § 1225 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1225

6-C DCMR § 1226 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1226

6-C DCMR § 1227 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1227

6-C DCMR § 1228 ENTITLEMENT TO ACCRUE ANNUAL AND SICK LEAVE

1228.1 Full-time and part-time employees with a scheduled tour of duty, except temporary employees with a less than ninety (90) day appointment, shall be entitled to accrue annual and sick leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1228

6-C DCMR § 1229 REPAYMENT OF ADVANCED ANNUAL LEAVE

1229.1 When an employee who is indebted for advanced leave is separated, the Attorney General may require the following:

(a) A repayment in the amount paid to the employee for the period covering the leave for which indebted; or

(b) A deduction of the amount from any lump-sum leave payment, accrued wages, severance pay, other compensation, or any combination thereof, due the employee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1229

6-C DCMR § 1230 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1230

6-C DCMR § 1231 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1231

6-C DCMR § 1232 ACCRUAL OF ANNUAL LEAVE

1232.1 A full-time employee earns annual leave as follows:

(a) An employee with less than three (3) years of service shall earn four (4) hours for each full biweekly pay period;

(b) An employee with three (3) but less than fifteen (15) years of service shall earn six (6) hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the leave year shall be ten (10) hours; and

(c) An employee with fifteen (15) or more years of service shall earn eight (8) hours for each full biweekly pay period.

1232.2 A part-time employee earns annual leave as follows:

(a) An employee with fewer than three (3) years of service shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status;

(b) An employee with three (3) but fewer than fifteen (15) years of service shall earn one (1) hour of annual leave for each thirteen (13) hours in a pay status; and

An employee with fifteen (15) years or more of service shall earn one (1) hour of annual leave for each ten (10) hours in a pay status.

1232.3 [RESERVED].

1232.4 [RESERVED].

1232.5 [RESERVED].

1232.6 A retired person from either the District or federal government who enters employment with the OAG as a full-time or part-time employee shall earn leave as specified in subsections 1232.1 and 1232.2, respectively.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1232

6-C DCMR § 1233 ANNUAL LEAVE—DETERMINING CREDITABLE SERVICE

1233.1 In determining years of creditable service for annual leave accrual, an employee shall be entitled to receive service credit for the following:

Any civilian federal government service ;

Except for employees as described in Subsections 1232.6 and 1232.7, all service creditable under the District retirement benefits program established pursuant to Section 2605 of the CMPA (D.C. Official Code § 1-626.05 (2012 Repl.)); and

Military service for uniformed service members retired as a result of a service related disability, as provided in Subsection 1233.2.

1233.2 An employee who is a retired member of a uniformed service as defined by 5 U.S.C. § 3501 shall be entitled to credit for active military service only if his or her retirement was based on one (1) of the two (2) following types of disabilities:

A disability resulting from injury or disease received in the line of duty as a direct result of armed conflict; or

(b) A disability caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by 38 U.S.C. §§ 101 and 301.

1233.3 The determination of years of service may be made on the basis of an affidavit from the employee subject to verification by the personnel authority.

1233.4 District government service prior to October 1, 1987, that is under Social Security shall be creditable for annual leave accrual purposes, and shall be purchasable for credit toward retirement under 5 U.S.C. § 8332.

1233.5 Notwithstanding any other provision of this chapter, CSRS annuitants who are employed or re-employed by the District government after February 26, 2008, shall not receive service credit for any federal or District service that was used to compute their CSRS annuity.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1233

6-C DCMR § 1234 ANNUAL LEAVE—QUALIFYING PERIOD

1234.1 [RESERVED].

1234.2 If a temporary appointment for less than ninety (90) days is extended for an additional ninety (90) days or longer without a break in service, or if there are successive temporary appointments without a break in service that aggregate ninety (90) days or longer, then the employee shall receive retroactive credit for leave earned from the date of appointment and shall earn leave thereafter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1234

6-C DCMR § 1235 ANNUAL LEAVE—GRANTING

1235.1 [RESERVED].

1235.2 [RESERVED].

1235.3 [RESERVED].

1235.4 Requests for annual leave shall not be unreasonably denied to the extent practicable. Employees shall request annual leave at least forty-eight (48) hours in advance.

1235.5 An approved absence that would otherwise be properly chargeable to sick leave may be charged to annual leave, compensatory time, or leave without pay, if requested in advance by the employee and approved by management.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1235

6-C DCMR § 1236 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1236

6-C DCMR § 1237 ANNUAL LEAVE—ADVANCING

1237.1 The Attorney General may authorize annual leave to employees in advance of its accrual, in individual cases, up to the amount of annual leave expected to be earned during the balance of the current leave year or by the employee’s anticipated termination date, whichever is sooner.

1237.2 [RESERVED].

1237.3 If the reason for an employee’s request for advanced annual leave qualifies for family or medical leave under the District of Columbia Family and Medical Leave Act of 1990, and provided that the employee meets the eligibility requirements of the D.C. FMLA, any advanced annual leave granted shall count towards the sixteen (16)-week maximum under the D.C. FMLA.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1237

6-C DCMR § 1238 ANNUAL LEAVE—MAXIMUM ACCUMULATION

1238.1 Annual leave that is not used by an employee may accumulate up to two hundred forty (240) hours for use in succeeding years. Annual leave in excess of two hundred forty (240) hours shall be forfeited, unless the Attorney General has authorized restoration or a leave payout.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1238

6-C DCMR § 1239 ANNUAL LEAVE—RESTORATION

1239.1 At the discretion of the Attorney General, leave accumulated over 240 hours may be restored:

(a) If the employee submits a request for restoration within thirty (30) days of the forfeited leave date; and

(b) The employee’s immediate supervisor certifies that the restoration is a necessity.

1239.2 Annual leave that has been forfeited and not restored shall be transferred to the annual leave bank.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1239

6-C DCMR § 1240 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1240

6-C DCMR § 1241 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1241

6-C DCMR § 1242 ACCRUAL OF SICK LEAVE

1242.1 A full-time employee shall accrue four (4) hours of sick leave for each full biweekly pay period.

1242.2 [RESERVED].

1242.3 A part-time employee shall earn one (1) hour of sick leave for each twenty (20) hours in a pay status.

1242.4 There is no limit on the amount of sick leave an employee may accumulate.

1242.5 Sick leave shall not be accrued on overtime hours.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1242

6-C DCMR § 1243 SICK LEAVE—GRANTING

1243.1 Sick leave may be granted to an employee for the following reasons:

(a) Employee illness or injury;

(b) Employee medical, dental or optical appointments;

(c) Employee would jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease;

(d) Employee’s absence is required to provide care for a family member who is incapacitated by a medical or mental condition or to attend to a family member receiving medical, dental, or optical examination or treatment;

(e) Employee’s absence is required to provide care for a family member with a serious health condition;

(f) Birth, or the placement for adoption, of a son or daughter of the employee, and in order to care for such son or daughter; or

(g) Death of a family member, provided that such absence shall not exceed three (3) workdays (twenty-four (24) hours), and that the employee provides evidence that is acceptable to the agency.

1243.2 The Attorney General or designee may convert annual leave to sick leave at the employee’s request.

1243.3 Annual leave may not be substituted for sick leave that has been applied for and granted, unless an employee becomes sick on annual leave and certifies with management to the illness and inability to work on the claimed days as sick.

1243.4 An employee must request sick leave in advance for a pre-scheduled appointment for medical, dental, or optical examination or treatment.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1243

6-C DCMR § 1244 SICK LEAVE—ADVANCING

1244.1 The Attorney General or designee, at his or her discretion, may authorize up to two hundred forty (240) hours of advanced sick leave to an employee with serious illness or disability.

1244.2 When an employee’s request for advanced leave would qualify for leave under FMLA, any advanced sick leave authorized shall count towards the maximum allowable leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1244

6-C DCMR § 1245 FLSA COMPENSATORY TIME—ACCRUING

1245.1 Compensatory time is an authorized absence from official duty in lieu of payment of authorized overtime.

1245.2 Compensatory time shall be accrued in fifteen-minute (15-minute) increments. An FLSA non-exempt employee shall be limited to the following amounts of compensatory time:

(a) A maximum of four hundred eighty (480) hours for employees occupying public safety, emergency response, and seasonal-work positions; and

(b) A maximum of two hundred forty (240) hours for all other employees.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1245

6-C DCMR § 1246 FLSA COMPENSATORY TIME—GRANTING

1246.1 The Attorney General, at an employee’s request, may grant compensatory time in lieu of annual leave, sick leave, or leave without pay.

1246.2 To the maximum extent practicable, compensatory time should be taken within three (3) months after it is earned.

1246.3 Compensatory time shall be granted only in one-hour (1-hour) increments, except that a fractional part of an hour may be granted when it is used in conjunction with the last remaining full hour accrued.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1246

6-C DCMR § 1247 PAYMENT FOR FLSA COMPENSATORY TIME

1247.1 An employee shall be given a lump-sum payment for any FLSA compensatory time in his or her account at the time of separation from the OAG.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1247

6-C DCMR § 1248 EXEMPT TIME OFF

1248.1 Exempt time off is a benefit to an overtime exempt employee in the form of time off for extraordinary hours worked. Given the nature of public business, an employee may be required by the Attorney General to work extraordinary hours from time to time. For that reason, the Attorney General, at his discretion, may grant exempt time off, which shall be accrued in accordance with chapter 11 of subtitle B of title 6.

1248.2 An overtime exempt employee must request the use of exempt time off in writing and the use of approved exempt time must be authorized in advance by the employee’s supervisor.

1248.3 Exempt time off may be used in the same manner as annual or sick leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1248

6-C DCMR § 1249 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1249

6-C DCMR § 1250 [RESERVED]

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1250

6-C DCMR § 1251 ESTABLISHING AND OPERATING ANNUAL LEAVE BANKS

1251.1 OAG shall:

(a) Develop written policies and procedures in accordance with these regulations to establish and administer an annual leave bank for employees for the purpose of accumulating annual leave donated by employees for the use of leave bank members who need such leave because of a medical emergency;

(b) Establish and begin operating an annual leave bank for employees;

(c) Review and approve or disapprove each employee application to become a leave donor under § 1252 and a leave recipient under § 1253; and inform the employee of the approval or disapproval of the application;

(d) Monitor the status of each leave recipient's medical emergency;

(e) Maintain, on a leave year basis, the records required by § 1258 of these rules.

1251.2 OAG shall insure that the automated annual leave account balance of each employee who donates annual leave under the provisions of § 1252 of these rules is reduced by the number of annual leave hours donated to the annual leave bank and that the leave donor's time and attendance report also reflects the reduction.

1251.3 OAG shall insure that the automated annual leave account balance of each employee who is a leave recipient under the provisions of § 1253 of these rules is increased by the number of annual leave hours received from the annual leave bank and that the leave recipient's time and attendance report also reflects the receipt of annual leave bank hours.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1251

6-C DCMR § 1252 APPLICATION TO BECOME A LEAVE DONOR AND LEAVE BANK MEMBER

1252.1 An employee may make voluntary written application to the annual leave bank established by OAG to become a leave donor at any time during the leave year subject to the limitations provided in § 1252.3. The application shall specify the number of hours of annual leave to be donated and any other information OAG may deem necessary.

1252.2 The value of the leave donated by a leave donor shall be an amount equal to the donor's hourly rate of basic pay multiplied by the number of hours of annual leave donated.

1252.3 A leave donor may not donate more than a total of one-half (½) of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored annual leave without limitation.

1252.4 The total amount of annual leave to be donated by a leave donor must be available in the leave account of the leave donor at the time he or she makes application to donate such annual leave; and shall be deducted from the leave donor's leave account effective on the first full pay period following approval of the application by OAG.

1252.5 Once donated, annual leave shall not be re-credited to the leave donor.

1252.6 A leave donor shall become a leave bank member of the leave bank established by authority OAG for any leave year in which he or she donates at least four (4) hours of annual leave to that leave bank.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1252

6-C DCMR § 1253 APPLICATION TO BECOME A LEAVE RECIPIENT

1253.1 A leave bank member may make written application to OAG to become a leave recipient.

1253.2 If a leave bank member is not capable of making application on his or her own behalf, another employee may make written application on the employee's behalf.

1253.3 An application to become a leave recipient shall be notarized.

1253.4 An application to become a leave recipient shall be accompanied by the following information concerning the potential leave recipient:

(a) The leave bank member's name, position title, grade and step;

(b) The reason(s) the leave is needed, including a brief description of the nature, severity, anticipated duration, and if it is a recurring medical emergency, the approximate frequency of the medical emergency;

(c) Certification from one or more physicians, or other appropriate experts, with respect to the medical emergency; and

(d) Any additional information that may be required by OAG.

1253.5 Any expense incurred in obtaining the medical certification required by

§ 1253.4(c) shall be the responsibility of the potential leave recipient.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1253

6-C DCMR § 1254 APPROVAL OF APPLICATION TO BECOME A LEAVE RECIPIENT

1254.1 OAG shall review the applications to become a leave recipient under procedures developed by OAG for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency as defined in § 1299.

1254.2 Before approving an application to become a leave recipient, OAG shall determine that:

(a) The request to become a leave recipient has been necessitated by a medical emergency;

(b) The absence from duty because of the medical emergency is, or is expected to be, at least ten (10) workdays;

(c) The potential leave recipient has previously donated a minimum of four (4) hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient;

(d) The potential leave recipient has made, and final action has been taken on, application(s) for the maximum amount of advanced leave, either sick leave or annual leave as appropriate, available to him or her; and

(e) The potential leave recipient does not possess paid leave, including compensatory time and personal leave, to cover the expected period of absence from work.

1254.3 In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, OAG shall not consider factors other than whether the absence from duty because of the medical emergency will be at least ten (10)

workdays and, as a result of such absence the employee's pay on a biweekly basis will be reduced by more than fifty percent (50%) of his or her biweekly rate of basic pay.

1254.4 The fact that a potential leave recipient's application for advanced leave may have been denied shall not be the sole basis for denying an application to become a leave recipient.

1254.5 OAG shall act upon applications to become a leave recipient in the order in which they are received.

1254.6 OAG shall notify an applicant in writing within fifteen (15) workdays of receipt of the application of the action taken on his or her application. If the application is not approved, the notification shall include the reason(s) for the disapproval.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1254

6-C DCMR § 1255 CREDITING ANNUAL LEAVE BANK HOURS

1255.1 Upon approval of an application to become a leave recipient, annual leave bank hours shall be credited to the leave recipient effective the first pay period during which the employee suffered a substantial loss of income.

1255.2 Annual leave bank hours shall not be used to liquidate any indebtedness for any period of advanced leave.

1255.3 Annual leave bank hours shall not be credited to a leave recipient in amounts greater than necessary to provide the employee, when combined with any accrued leave, his or her biweekly basic pay.

1255.4 The value of the annual leave received by a leave recipient from the annual leave bank shall be in an amount equal to the recipient's hourly rate of basic pay multiplied by the number of hours of annual leave received.

1255.5 When a withdrawal is approved, OAG shall reduce its annual leave bank by the dollar value corresponding to the annual leave credited to the leave recipient.

1255.6 When there are insufficient funds in the annual leave bank to fulfill an applicant's request, the OAG may only approve an amount that does not cause the annual leave bank to exceed its available balance.

1255.7 When leave recipients cannot be granted the full amount of annual leave requested because of insufficient leave bank balances, and additional hours are donated at a later date, OAG shall first reevaluate the request(s) of the leave recipient(s) who did not receive the full amount of annual leave requested prior to acting on subsequently received applications.

1255.8 Annual leave shall not be borrowed, contributed or otherwise transferred between the annual leave banks of the various District government personnel authorities nor between District government, Federal Government or any other leave banks.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1255

6-C DCMR § 1256 USE OF LEAVE WITHDRAWN FROM A LEAVE BANK

1256.1 A leave recipient may use leave withdrawn from a leave bank only for the specific medical emergency for which the application to become a leave recipient was approved.

1256.2 A leave recipient shall continue to accrue annual leave and sick leave while using leave withdrawn from a leave bank.

1256.3 During each biweekly pay period a leave recipient is affected by a medical emergency, he or she shall use any accrued annual leave (and sick leave, if applicable) before using annual leave withdrawn from a leave bank.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1256

6-C DCMR § 1257 TERMINATION OF MEDICAL EMERGENCIES

1257.1 The medical emergency affecting a leave recipient shall terminate when:

(a) The leave recipient's employment is terminated; or

(b) The leave recipient is no longer affected by the medical emergency.

1257.2 OAG shall ensure that any annual leave withdrawn from the leave bank and not used before the termination of the leave recipient's medical emergency is returned to the leave bank.

1257.3 Annual leave that is returned to a leave bank shall be credited in an amount equal to the leave recipient's hourly rate of basic pay multiplied by the number of hours of annual leave not used.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1257

6-C DCMR § 1258 RECORDS AND REPORTS

1258.1 OAG shall maintain the following records on a leave year basis:

(a) The name, grade, step and scheduled rate of basic pay of each leave donor, the total number of hours of annual leave he or she donated to the leave bank and the corresponding dollar value of the leave donated;

(b) The number of applications approved and disapproved for medical emergencies affecting employees;

(c) The number of applications approved and disapproved for medical emergencies affecting an employee's family members; and

(d) The name, grade, step and scheduled rate of basic pay of each leave recipient, the total number of hours of annual leave he or she received from the leave bank and the corresponding dollar value of the leave received;

1258.2 OAG shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from its Annual Leave Bank, and shall report such accounting to the Director of the D.C. Department of Human Resources (DCHR) within thirty (30) calendar days following the end of each leave year quarter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1258

6-C DCMR § 1259 EXCUSED ABSENCE IN CONNECTION WITH SERVING AS A BONE MARROW OR ORGAN DONOR

1259.1 An employee is entitled to up to seven (7) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as a bone marrow donor.

An employee is entitled to up to thirty (30) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as an organ donor.

The workdays prescribed in §§ 1259.1 and 1259.2 shall be converted to hours.

1259.4 The provisions in §§ 1259.1 and 1259.2 shall only apply if the employee is a volunteer donor.

1259.5 OAG shall develop written procedures in accordance with this section.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1259

6-C DCMR § 1260 ABSENCE FOR MATERNITY REASONS

1260.1 The granting of approved absence for maternity reasons may be by a combination of one (1) or more of the following:

Sick leave;

Annual leave;

Compensatory time;

Exempt time off; or

Leave without pay.

1260.2 Except as provided by the D.C. FMLA, authorizing leave without pay for maternity reasons shall be a matter of administrative discretion on the part of the Attorney General.

1260.3 Leave without pay normally shall be granted only at the request of the employee.

1260.4 The Attorney General shall ensure continued employment in the employee’s position or a position of like seniority, status, and pay, to an employee who wishes to return to work following delivery and confinement, unless termination is otherwise required by expiration of appointment, by reduction in force, for cause, or for similar reasons unrelated to the maternity absence.

1260.5 OAG shall apply the same leave policies, regulations, and procedures as are applicable to requests for leave generally.

1260.6 Childbirth or complications of pregnancy shall be deemed to be temporary disabilities and shall be treated for leave purposes in the same manner as any other physical condition that incapacitates the employee for the performance of duty.

1260.7 Periods of absence related to pregnancy and confinement that are not medically certified as due to incapacitation for the performance of duty shall not be charged to sick leave; they shall be charged to annual leave, compensatory time, or to leave without pay if requested by the employee and approved by the leave approving official.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1260

6-C DCMR § 1261 FUNERAL LEAVE

1261.1 In accordance with the Funeral and Memorial Service Leave Amendment Act of 2013 (D.C. Law 20-83; D.C. Official Code § 1-612.03 (n)), effective February 22, 2014, an employee shall be entitled to not more than three (3) days of authorized absence without loss of or reduction in pay, or leave to which otherwise entitled, or credit for time or service, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative, as defined in section 1299 of the chapter.

1261.2 Unless the mission of the agency would be seriously impaired, OAG shall grant an employee’s request for annual leave, sick leave, exempt time off or compensatory time up to three (3) days upon the death of an immediate relative.

1261.3 The days requested for funeral leave need not be consecutive, but if they are not consecutive, the employee shall furnish the approving authority satisfactory reasons justifying the granting of funeral leave for nonconsecutive days.

1261.4 OAG may grant funeral leave only from a prescribed tour of duty, including regularly scheduled overtime, from a period during which the employee would have worked, except for absence on funeral leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1261

6-C DCMR § 1262 MILITARY LEAVE

1262.1 For the purposes of this section, the following terms have the meaning ascribed:

Reserve component of the Armed Forces – the Army National Guard of the United States; the Army Reserve; the Naval Reserve; the Marine Corps Reserve; the Air National Guard of the United States; the Air Force Reserve; or the Coast Guard Reserve.

Military leave – authorized absence without loss of or reduction in pay, leave, or credit for time or service, for the performance of military service as provided in this section. Military leave shall be distinguished from military furlough, which is a period of extended absence without pay while on extended active duty for general military service.

1262.2 An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, shall be entitled to military leave for each day, but no more than fifteen (15) calendar days in any one (1) calendar year in which he or she is on active duty, inactive-duty training under 37 U.S.C. § 101, funeral honors duty under 10 U.S.C. § 12503 and 32 U.S.C. § 115, or engaged in field or coast defense training under 32 U.S.C. §§ 502 through 505.

1262.3 An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, who performs full-time service for the purpose of providing military aid to enforce the law or in support of a contingency operation as defined in 10 U.S.C. § 101 (a)(13), shall be entitled to military leave, for not to exceed twenty-two (22) workdays in a calendar year, for either of the following:

(a) Federal service under 10 U.S.C. §§ 331, through 333, or other provision of law, as applicable; or

(b) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

1262.4 The pay due an employee who is granted military leave under section 1262.3 of this section shall be subject to the following:

(a) The pay due the employee shall be reduced by any amount (other than travel, transportation, or per diem allowance) received by the employee for such military service as a member of a reserve component of the Armed Forces;

(b) The receipt of military pay shall not only reduce the employee’s entitlement to civilian pay as provided in section 1262.4 (a) of this section, but shall also reduce his or her required contribution to the Civil Service Retirement Fund, if applicable, in the same manner as non-pay status reduces such contribution; and

(c) Civilian pay shall be reduced only by the amount that the employee receives for military service performed on a workday, and not by any amount that the employee might receive for military service performed on a non-workday.

1262.5 When the D.C. National Guard is ordered to duty to perform the kind of services for which military leave is provided under section 1262.3 of this section, the military leave must be charged to the leave specified therein and an appropriate adjustment made in civilian pay as provided in section 1262.4 of this section.

1262.6 An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of the D.C. National Guard, shall be entitled to unlimited military leave without loss in pay for each day of any parade or encampment that the D.C. National Guard, or any portion thereof, is ordered to perform under title 49 of the D.C. Official Code by the Commanding General, but does not include time spent at weekly drills and meetings.

1262.7 An employee with a scheduled tour of duty shall be entitled to military leave as provided in this section.

1262.8 Military leave shall be granted only when competent orders are presented to the appropriate agency official(s).

1262.9 Military leave may be taken intermittently, a day at a time, or as otherwise directed under orders issued by competent military authority; provided, however, that the maximum amounts authorized are not exceeded.

1262.10 It shall be a prerequisite to entitlement to military leave that the employee was in a pay status either immediately prior to the beginning of the period of military service, or returned to a pay status immediately afterwards.

1262.11 An employee shall not be eligible for military leave for the following types of service:

(a) Summer training as members of Reserve Officers Training Corps, when employees shall be carried in leave-without-pay status;

(b) Temporary Coast Guard Reserve;

(c) Participation in parades by members of the National Guard of any jurisdiction except the D.C. National Guard as provided in section 1262.6 of this section;

(d) Training with a state defense organization or a state military organization that is not a part of the National Guard, or any other organization created by the state in the absence of the state National Guard during an emergency;

(e) Weekly drills and meetings as a member of any reserve component of the Armed Forces, including the D.C. National Guard;

(f) Civil Air Patrol (established as a civilian auxiliary of the United States Air Force pursuant to An Act To establish Civil Air Patrol as a civilian auxiliary of the United States Air Force and to authorize the Secretary of the Air Force to extend aid to Civil Air Patrol in the fulfillment of its objectives, and for other purposes, approved May 26, 1948, Pub. L. 557, 62 Stat. 274);

(g) Time taken on a workday to travel to the place where the training is to begin unless military training orders encompass the period of travel time required;

(h) Active duty as a commissioned officer in the Reserve Corps of the U.S. Public Health Service; or

(i) Active duty with a state National Guard unit when ordered to duty by state authority, except when called for duty as specified in section 1262.3 (b) of this section.

1262.12 An employee who is a member of one of the reserve components of the Armed Forces and who is ordered into the active military service of the United States with the pay and allowances of his or her grade, may not, during the periods of such service, be employed in an active civilian capacity under OAG and receive pay therefore in the absence of specific statutory authority.

1262.13 Military leave shall be granted under section 1262.2 of this section subject to the following conditions:

(a) An employee may be carried in a military leave status for fifteen (15) calendar days, provided such leave has not been used previously during the current year;

(b) Military leave shall be limited to fifteen (15) calendar days in a calendar year, regardless of the number of training periods in the calendar year;

(c) Nonworkdays falling within a period of absence on military training duty shall be charged against the fifteen (15) days of military leave allowed during the year; however, nonworkdays occurring at the beginning or end of the training period shall not be charged;

(d) An employee shall not be granted more than fifteen (15) days of military leave for any one (1) period of active duty, regardless of whether that period is wholly within one (1) calendar year, or extends over more than one (1) calendar year, and regardless of whether more than one (1) set of orders is involved;

(e) There is no requirement that the first fifteen (15) days of a longer period of active duty be considered as the period for which military leave is to be granted; if circumstances in any particular case warrant it, any other fifteen-day (15-day) period may be designated as the period for which military leave shall be granted, so long as the intent of the statute is otherwise observed; and

(f) When an employee who has been granted the maximum of fifteen (15) days allowed during any calendar year is subsequently ordered to a second (2nd) period of training duty, and the later period extends into the next calendar year, the employee may be granted military leave commencing on the first day of the new calendar year, provided the employee was in a duty or pay status when he or she entered the second (2nd) period of training duty.

1262.14 If a physical examination is required in connection with military leave:

(a) The time required for such examination shall be counted as part of the military leave, if it does not cause the total period of absence to exceed the maximum number of days allowed and

(b) If the physical examination cannot be taken within the maximum period of time allowed, the required additional absence shall be charged to sick leave, annual leave, compensatory time, or leave without pay, as appropriate.

1262.15 An employee who is a member of a reserve component of the Armed Forces who is called for a period of military service in excess of the maximum number of days allowed for military leave may use annual leave, compensatory time, or leave without pay for the period of absence from duty.

1262.16 A member of a reserve component of the Armed Forces may also be carried in an annual leave status to the extent of annual leave accrued during the period of active military service.

1262.17 When an employee, while on annual leave before a furlough-without-pay occurring prior to separation by reduction in force, is called to military training duty, military leave shall be regarded as interrupting his or her annual leave status so as to permit him or her to revert to an annual leave status at the termination of the military leave before the previously fixed reduction-in-force termination date.

1262.18 An employee who is scheduled to work on an evening or weekend, and who is simultaneously required to be absent from duty to participate in evening or weekend drills or meetings with his or her reserve component unit, and for whom a schedule adjustment, as provided in section 1204.2 (h) of this chapter, cannot reasonably be made, shall be excused from duty, but the absence shall be charged to annual leave, compensatory time, or leave without pay, as appropriate.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1262

6-C DCMR § 1263 COURT LEAVE

1263.1 Court leave shall be the authorized absence from work status without loss of or reduction in pay, leave to which otherwise entitled, or credit for time or service, of an employee other than an employee on a when-actually-employed (WAE) or intermittent basis, whenever the employee is performing jury service as set forth in section 1264 of this chapter, witness service, as provided in section 1265 of this chapter, or on a substituted basis, as specified in sections 1263.5, 1263.6, or 1263.15 of this section.

1263.2 Court leave shall only be granted to an employee who, except for the performance of jury or witness service, would have been on duty, or on leave with pay or compensatory time, and shall not be granted to an employee in a nonpay status when summoned to perform such service.

1263.3 A night-shift employee who performs jury or witness service during the day shall be granted court leave for his or her regularly scheduled night tour of duty.

1263.4 While the word “summoned” as used in this section and in sections 1264 and 1265 of this chapter includes a subpoena, the word does not connote any necessity for a subpoena, but does intend that the summons be an official request, invitation, or call, evidenced by an official writing from the court or authority responsible for the conduct of the proceeding, thus ruling out strictly voluntary appearances from court leave coverage, as well as a “summons” for any purpose other than those set forth in sections 1264 and 1265 of this chapter.

1263.5 If an employee is on annual leave when summoned to perform jury or witness service, court leave shall be substituted, and any annual leave forfeited as a result of the substitution shall be restored as provided in section 1241 of this chapter.

1263.6 An employee on annual leave under advance notice of separation due to reduction in force and who is summoned to perform jury or witness service, shall be entitled to have court leave substituted for annual leave, but not to extend beyond the date administratively fixed for his or her separation.

1263.7 Court leave shall only be granted for the period actually spent in jury or witness service, plus reasonable travel time.

1263.8 When no hardship would result, it shall be within the administrative discretion of the Attorney General to require an employee on court leave to return to duty or suffer a charge against his or her annual leave or compensatory time, or to be placed on leave without pay if the employee does not elect to use annual leave or compensatory time (or if there is no available annual leave or compensatory time), if the employee is excused from jury or witness service for half or more of a workday. A hardship would be deemed to occur if the employee was unable to perform a substantial part of a day's duty, or if the employee was assigned to a night shift.

1263.9 Upon return to duty, the Attorney General may require the employee to certify to, or submit written evidence of, the dates and, if possible, the hours of the jury or witness service performed.

1263.10 An employee who performed jury or witness service while on court leave shall not be entitled to also retain jury or witness fees paid by the court, a party, or other body for the same period of service, except as follows:

(a) If a court’s rules define its fees as payment for travel and meals, or otherwise as reimbursement for expenses, then these fees may be retained by an employee; and

(b) An employee shall be permitted to retain fees received for jury or witness service performed on a holiday falling within the employee’s basic tour of duty if, had the employee not been performing such service, he or she would have been excused from regular duties on that holiday.

1263.11 The employee shall turn over to OAG any fees for jury or witness service that are not authorized to be retained.

1263.12 The employee shall be permitted to keep any excess of the jury or witness fees over the amount of compensation due him or her for the same period.

1263.13 An employee who is in a leave-without-pay status as specified in section 1267 of this chapter when summoned for jury or witness service, and consequently not entitled to court leave, shall be entitled to retain all fees for services while in a leave-without-pay status.

1263.14 An employee who is a party in any civil action, or a defendant in a criminal action, shall not be entitled to court leave, but shall be required to take annual leave, compensatory time, or leave without pay, as appropriate.

1263.15 An employee who is a successful plaintiff in an action against the District government brought under the Civil Rights Act of 1964, and who used annual leave, compensatory time, or leave without pay, shall be made whole as follows:

(a) Any annual leave used by the employee for that period shall have court leave substituted therefore, and any annual leave forfeited as a result of the substitution shall be restored as provided in section 1241 of this chapter;

(b) Any compensatory time used by the employee for that period shall have court leave substituted therefore; and

(c) Any leave without pay used by the employee for that period shall have court leave substituted therefore, and the employee given back pay.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1263

6-C DCMR § 1264 JURY SERVICE

1264.1 Jury service for which court leave is authorized shall include any service as either a grand juror or petit juror in any jurisdiction, including time spent pursuant to a summons to appear for such service, whether or not actually selected to serve on such jury or juries.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1264

6-C DCMR § 1265 WITNESS SERVICE

1265.1 For the purposes of this section, the following term has the meaning ascribed:

Judicial proceeding – any civil or criminal action, suit, or other proceeding of a judicial nature, whether at law or in equity, before a court of any jurisdiction, including any condemnation, preliminary, informational, or other such proceeding. The term also includes an administrative hearing or proceeding if it is to be held within the Washington Standard Metropolitan Statistical Area (WSMSA). All stages (preliminary hearing, inquest, trial, or deposition taking) of the proceeding would be covered, including hearings and conferences before a committing court, magistrate, commission, Administrative Law Judge, Hearing Examiner, grand jury proceedings, and coroners’ inquests, and hearings and conferences conducted by a prosecuting attorney for the purpose of determining whether an information or charge should be made in a particular case.

1265.2 Witness service for which court leave is authorized shall include any time spent by an employee summoned by any court or administrative agency having proper jurisdiction to appear as a witness or to produce evidence in any judicial proceeding in which the District of Columbia, the United States, or another state or local government is a party.

1265.3 An employee summoned as a witness in any matter that does not meet the requirements of section 1265.1 of this section may be granted annual leave, compensatory time, or leave without pay, as appropriate.

1265.4 An employee shall be considered to be performing official duty, rather than on court leave, during any period with respect to which he or she is summoned or assigned by OAG to testify or produce official records in his or her official capacity.

1265.5 If there is a question as to whether or not a particular summons falls within the criteria of sections 1265.1 or 1265.4 of this section, the Attorney General shall contact the court or other authority issuing the summons, and seek clarification.

1265.6 An employee performing official duty as set forth in section 1265.4 of this section shall be entitled to reimbursement of travel expenses pursuant to OAG travel regulations.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1265

6-C DCMR § 1266 ADMINISTRATIVE LEAVE

1266.1 The Attorney General, at his or her discretion, may grant administrative leave that either relate to OAG’s mission or are in OAG’s interest including but not limited to before, during, and after severe weather conditions, or other emergencies to protect the health and safety of employees, customers, and clients; before or after holidays; and during or after investigations of employee misconduct.

1266.2 [RESERVED].

1266.3 Administrative leave shall be granted when an employee has been given permission to attend a meeting or conference, or to participate in an approved training program, but not directed to attend or participate.

1266.4 It shall be appropriate for an agency to use administrative leave in any case where time is needed to complete an investigation that could lead to a corrective or adverse action. However, before placing an employee on administrative leave while an investigation is pending, the agency head shall determine whether the employee could be temporarily reassigned to another unit for the duration of the investigation.

1266.5 Temporary reassignment should be chosen over administrative leave in those cases where the employee’s continued presence at the work site does not interfere with government operations, impede the pending investigation, or place other employees at risk.

1266.6 [RESERVED].

1266.7 An employee shall be given administrative leave for up to ten (10) hours for the purpose of preparing his or her answer to a notice of proposed adverse action.

1266.8 An employee shall be given administrative leave at reasonable times for the purpose of consulting with District government personnel officials, an equal employment opportunity officer, or with a supervisory or management official of higher rank than the employee’s immediate supervisor, concerning the employee’s duties, working conditions, employment and retirement status, complaints, grievances, appeals, and like matters; however, the employee shall be required to ask his or her immediate supervisor to indicate a convenient time when he or she can be excused without unduly disruption to the work schedule, and shall be required to inform the supervisor of the name of the official the employee needs to consult with, or office to be visited.

1266.9 An employee shall be given administrative leave for the purpose of taking a medical examination for District government employment, an examination for induction or enlistment in the active—but not the reserve—armed forces, a District government vehicle operator’s examination, or other examination that his or her agency has requested him or her to take in order to qualify for reassignment, promotion, or continuance of his or her present job.

1266.10 Up to two (2) hours of administrative leave may be granted to an employee to attend an initial appointment for the Employee Assistance Program (EAP).

1266.11 A request by an elected Advisory Neighborhood Commissioner for administrative leave to attend an official Advisory Neighborhood Commission function shall be granted, unless the absence would seriously disrupt the activities of the OAG in which the Advisory Neighborhood Commissioner is employed.

1266.12 An employee who is a member of a board or commission shall be given administrative leave to attend official board or commission meetings.

1266.13 An employee shall be given administrative leave, usually for a period not to exceed four (4) hours, in order to comply with the registration requirements of section 3 of the Military Selective Service Act, as amended (50 U.S.C. APP. 453), subject to the supervisor’s right to approve the date and times at which such absence shall be granted.

1266.14 An employee shall be given administrative leave for the purpose of voting in any election or referendum on a civic matter in his or her community.

1266.15 Where the polls are not open at least three (3) hours either before or after an employee’s regular hours of work, an employee shall be granted an amount of administrative leave that will allow the employee to report for work three (3) hours after the polls open or leave work three (3) hours before the polls close, whichever requires the lesser amount of absence from duty.

1266.16 An employee shall be given administrative leave for initial treatment (including reasonable time spent in travel) of an injury incurred in the line of duty, and for the remainder of the day in which the injury occurred when the injury is sufficiently serious to justify the granting of sick leave had the injury not have been incurred in the line of duty.

1266.17 An employee who has returned to a full tour of duty but who, as a result of an illness or injury incurred in the line of duty, must report periodically for subsequent or follow-up treatment to a facility or physician authorized to treat him or her, shall be given administrative leave for the time necessary to receive such treatment (including travel) when treatment must be scheduled during the employee’s regular tour of duty.

1266.18 An employee who is a disabled veteran, and who must report periodically for subsequent or follow-up medical examination or treatment directly related to his or her disability, may be given administrative leave for the time necessary to receive such treatment (including travel) when treatment must be scheduled during the employee’s regular tour of duty. Requests for such leave shall include documentation and shall be made in advance.

1266.19 An employee who donates blood to the Red Cross or to any similar organization, or who donates blood to any District government employee in need of a blood transfusion, or who makes a donation of blood to replace blood required by any District government employee shall be given administrative leave for a reasonable period of time for this purpose.

1266.20 An employee may be given administrative leave to attend a meeting or conference, if not prohibited by law and if the Attorney General determines that the employee’s attendance is in the best interest of the District government.

1266.21 An employee may be given administrative leave to attend programs or other meetings or functions that are officially sponsored or conducted by the OAG for the education or other benefit of employees.

1266.22 An employee representative of a recognized labor organization shall be granted administrative leave to attend meetings and conferences with management officials, pursuant to collective bargaining agreements, if prior approval is obtained in accordance with the OAG or collective bargaining procedures.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1266

6-C DCMR § 1267 LEAVE WITHOUT PAY

1267.1 Leave without pay shall be charged only for those hours during which an employee would otherwise work or for which he or she would be paid, but shall not be charged for hours for which an employee would receive overtime pay.

1267.2 The permissive nature of leave without pay distinguishes it from absence without leave, which shall be a nonpay status resulting from an agency determination that it will not grant annual leave, sick leave, compensatory time, or leave without pay, for a period of absence for which the employee did not obtain advance authorization or for which his or her request for leave has been denied.

1267.3 Except as provided by the D.C. FMLA and applicable federal law, authorizing leave without pay shall be a matter of administrative discretion.

1267.4 An employee shall not be entitled to be granted leave without pay as a matter of right, except for the following:

(a) A disabled veteran who is entitled to leave without pay, if necessary, for medical treatment; and

(b) A reservist and member of the National Guard who is entitled to leave without pay if necessary to perform military duties.

1267.5 Except in unusual circumstances or in furtherance of a program of interest to the District government when it is known in advance that the period of absence will exceed one (1) year, leave without pay shall not be authorized initially for any period in excess of fifty-two (52) calendar weeks.

1267.6 An agency head may approve leave without pay up to a maximum of fifty-two (52) calendar weeks.

1267.7 A personnel authority may approve leave without pay for any period of time.

1267.8 Section 1267.5 of this section shall not apply to absence for service with the U.S. Armed Forces, or for service with restoration rights under section 827 of subtitle C of title 6.

1267.9 Leave without pay shall not extend beyond the termination of the employee’s appointment.

1267.10 An employee may be involuntarily placed on leave without pay whenever:

(a) The employee is drawing disability compensation under Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);

(b) The employee is excused from duty as provided in section 1262.18 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time; or

(c) The employee was originally granted court leave, has been excused as provided in section 1263.8 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1267

6-C DCMR § 1268 ABSENCE WITHOUT LEAVE

1268.1 An absence from duty that was not authorized or approved, or for which a leave request has been denied, shall be charged on the leave record as “absence without leave (AWOL).”

1268.2 [RESERVED].

1268.3 [RESERVED].

1268.4 If it is later determined that the absence was excusable, or that the employee was ill, the charge to AWOL may be changed to a charge against annual leave, compensatory time, sick leave, or leave without pay, as appropriate.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1268

6-C DCMR § 1269 LATE ARRIVAL/EARLY DISMISSAL

1269.1 The Attorney General, at his or her discretion, may authorize the closure of OAG when deemed necessary.

1269.2 Late arrival/early dismissal during declared emergencies shall be governed by Sections 1270 – 1273 of Chapter 12 of the District of Columbia Personnel Regulations, except as provided in section 1269.3 of this chapter.

1269.3 An employee who previously requested and was granted leave during the authorized late arrival/early dismissal hours shall not be charged leave for the period requested that coincides with the authorized late arrival and/or early dismissal hours.

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1269

6-C DCMR § 1299 DEFINITIONS

1299.1 When used in this chapter, the following terms have the meaning ascribed:

Absence without leave – an unauthorized and unapproved absence from duty; also referred to as “AWOL.”

Accrued leave – the leave earned by an employee during the current leave year that is unused at any given time in that leave year.

Accumulated leave – the unused leave remaining to the credit of an employee at the beginning of the leave year.

Administrative leave – an excused absence from duty without loss of pay and without charge to annual leave, sick leave, or compensatory time.

Administrative workweek – a period of seven (7) consecutive calendar days, Sunday through Saturday.

Agency—has the meaning set forth in D.C. Official Code § 1-603.01(1).

Alternative work schedules – means both flexible work schedules and compressed work schedules.

Annual leave – leave earned by an employee to be used for absence from duty, without loss of pay, primarily for a vacation or time off for personal or emergency purposes.

Annual leave bank—a fund of accumulated annual leave donated by employees of a personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency.

Basic workweek – the days and hours within an administrative workweek that make up the employee’s scheduled tour of duty.

Biweekly pay period – two (2) designated consecutive administrative workweeks as established by the pay authority.

Biweekly rate of basic pay—the biweekly rate of pay fixed by appropriate authority, before deductions and exclusive of any premium pay, authorized for the grade of the position held by the employee.

Child—a person twenty-one (21) years of age, and also persons who, though twenty-one (21) years of age or older, are substantially dependent upon the eligible employee by reason of physical or mental disability, and persons up to twenty-three (23) years of age and a full-time student at an accredited college or university.

Communicable disease – a disease that is ruled as subject to quarantine, requires isolation of the patient, or requires restriction of movement by the patient for a specified period as prescribed by the health authorities having jurisdiction.

Compressed work schedule – in the case of a full-time employee, an eighty-hour (80-hour) biweekly basic work requirement that is scheduled for less than ten (10) workdays; in the case of a part-time employee, a biweekly basic work requirement of less than eighty (80) hours that is scheduled for less than ten (10) workdays and which may require the employee to work more than eight (8) hours in a day (D.C. Official Code § 1-510 (b)) (2006).

Core hours – the time periods during the workday, workweek, or pay period that are within the tour of duty during which an employee under a flexible work schedule is required to be present for work.

Employee—has the meaning provided in D.C. Official Code § 1-603.01(7), except that it shall mean only an employee who accrues annual leave as provided in D.C. Official Code § 1-612.03.

Excused absence—an absence from duty administratively authorized and approved without loss of pay and without charge to leave.

Family member – the spouse (including the person identified by an employee as his or her “domestic partner” as defined in D.C. Official Code § 32-701 (2006) and parents thereof, children (including foster children) and spouses thereof, parents, brothers and sisters and spouses thereof, and any individual related by blood.

Full-time employee – earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a non-pay status.

Flexible work schedule – in the case of a full time employee, a work schedule that has an eighty-hour (80-hour) biweekly basic work requirement that allows an employee to determine his or her own schedule within the designated hours (core hours) set by the employing agency; in the case of a part-time employee, a work schedule that has a biweekly basic work requirement of less than eighty (80) hours which allows an employee to determine his or her own schedule within the designated hours set by the employing agency.

FLSA compensatory time – time off in lieu of overtime pay for overtime work performed, earned and accrued under the conditions set forth in chapter 11 of subtitle B of title 6.

Hourly rate of basic pay—

(a) For employees paid on an annual basis, the employee's scheduled rate of pay divided by two thousand eighty (2080) hours;

(b) For employees paid on an hourly basis, the hourly rate of pay contained on the salary schedule.

Immediate relative – an individual who is related to an employee covered by this chapter by blood, marriage, adoption, or domestic partnership as father, mother, child, husband, wife, sister, brother, aunt uncle, grandparent, grandchild, or similar familial relationship; an individual for whom an employee covered by this chapter is the legal guardian; or fiancé, fiancée, or domestic partner of an employee covered by this chapter.

Leave bank member—an employee who donates at least four (4) hours of annual leave in a leave year to the annual leave bank established by his or her personnel authority.

Leave donor—an employee who donates annual leave to the annual leave bank established by his or her personnel authority.

Leave recipient—a leave bank member whose personnel authority has approved the member's application to receive annual leave from the annual leave bank.

Leave restriction – a limitation on an employee’s ability to use annual or sick leave as a result of engaging in a pattern or practice of abuse of leave.

Leave to which otherwise entitled – accumulated and accrued annual leave, sick leave, and compensatory time.

Leave without pay – a temporary nonpay status and absence from duty granted at the employee’s request or as otherwise authorized by regulations; also referred to as “LWOP.”

Leave year – the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately preceding the first day of the first complete pay period in the following calendar year.

Medical certificate – a written statement signed by a registered practicing physician or other practitioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment.

Medical condition – a health impairment that results from injury or disease, including psychiatric disease, or any other physical or mental impairment that may affect an individual’s capacity to safely and satisfactorily perform his or her assigned duties.

Medical emergency—a medical condition of an employee or a member of an employee's family that is likely to require the employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

Official duty station – the place at which the employee is required to perform duties.

Personnel authority—an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.

Prolonged period of time—at least ten (10) consecutive workdays.

Scheduled tour of duty – the period within an administrative workweek, within which employees are required to be on duty regularly.

Sick leave – leave with pay earned by an employee to be used while receiving medical, dental, or optical examination or treatment; while incapacitated for the performance of duties by sickness, injury, or pregnancy or childbirth; while required to give care or attendance to a family member who is afflicted with a contagious disease; or when the employee’s presence at his or her official duty station would jeopardize the health of others because of exposure to a contagious disease.

Standby time – period(s) in which an employee is officially ordered to remain at or within the confines of his or her official duty station, not performing actual work but holding himself or herself in readiness to perform actual work when the need arises or when called.

Substantial loss of income—pay which is more than fifty percent (50%) of the employee's biweekly rate of basic pay.

Unscheduled leave –annual leave, compensatory time, exempt time off, or leave without pay during a declared emergency taken by an employee without obtaining advance approval or providing detailed justification. Unscheduled leave is distinct from emergency annual leave, as provided in section 1236 of this chapter.

Unscheduled telecommuting – telecommuting by an emergency employee previously designated and approved, in writing, to telecommute when an emergency is in effect on a day or during a period during which the employee was not previously scheduled to telework.

When Actually Employed (WAE) Appointment – an appointment under which an employee serves on an intermittent basis, that is, nonfull-time without a prescheduled regular tour of duty. A person serving on a WAE appointment provides occasional or irregular services on programs or projects requiring intermittent support. This type of appointment is also referred to as an “intermittent appointment.”

History

• SOURCE: Final Rulemaking published at 69 DCR 004210 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1299

6-C13 EMPLOYEE DEVELOPMENT

6-C DCMR § 1301 GENERAL PROVISIONS

1301.1 The Attorney General shall provide programs for the training and professional development of employees through planned courses, programs, systems or other instruction or education in fields that are or will be related to the performance of official duties for OAG. This system of training will ensure that the principles of efficiency, economy, and equitable treatment for all employees are carried out for the successful operation of OAG and representation of the District government.

The training and development programs shall encompass OAG’s objectives and be designed to increase the knowledge, proficiency, ability, skill, and qualifications of the employees in the performance of their duties and career goals.

An OAG employee shall not suffer a loss in pay, tenure, or any other rights and benefits because he or she participated in any training or career development program when the participation has been approved or authorized by OAG.

The provisions of any training program negotiated between the District government and a labor organization shall take precedence over the provisions of this chapter for employees in a bargaining unit represented by a labor organization, to the extent that there is a difference.

The annual mandatory training program for attorneys shall be established and administered in accordance with chapter 36 of subtitle B of title 6.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1301

6-C DCMR § 1302 ANNUAL EMPLOYEE DEVELOPMENT PLANS

1302.1 The Attorney General shall prepare an annual employee development plan for the agency. The annual employee development plan shall identify:

Subject matter areas where training is needed;

The category and number of employees requiring training;

Sources of funding; and

The cost for training.

1302.2 Annually, the Attorney General shall review training needs and identify the following:

Training programs that bring about more effective performance at the least possible cost;

Individual employee training needs as related to the program objectives of the agency; and

Short-and long-term program needs by occupation, organization, or other appropriate groups.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1302

6-C DCMR § 1303 INDIVIDUAL DEVELOPMENT PLANS

1303.1 As provided in chapters 14 and 36 of subtitle B of title 6, employees covered under the Performance Management Program (PMP), each supervisor, in collaboration with his or her employees covered under the PMP, shall prepare every year an employee development plan for each covered employee. The employee development plan shall be a part of the annual Performance Plan and shall identify areas for growth and development.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1303

6-C DCMR § 1304 MANDATORY CONTINUING EDUCATION AND TRAINING

1304.1 Pursuant to § 955 of the CMPA (D.C. Official Code § 609.55) (2001), each employee appointed to the Management Supervisory Service shall be required to maintain and enhance his or her management and supervisory skills and to attend requisite training courses every year as prescribed by the personnel authority. Failure to complete the prescribed education and training within the specified time frames may result in administrative action against the employee.

1304.2 Pursuant to § 857 of the CMPA (D.C. Official Code § 1-608.57) (2001), OAG shall establish:

(a) An annual mandatory program of continuing legal education for Legal Service attorneys employed in OAG and other agencies under the personnel authority of the Attorney General; and

(b) An annual mandatory program of in-house or other training to maintain and enhance the management supervisory skills of Legal Service supervisory attorneys employed in OAG and other agencies under the personnel authority of the Attorney General who supervise one (1) or more attorneys as part of their normal duties.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1304

6-C DCMR § 1305 ESTABLISHING TRAINING PROGRAMS

1305.1 The Attorney General shall develop a policy that governs the training needs of all OAG employees. The policy shall state the purposes for which training will be given and include guidelines that assure:

Training plans and programs are developed to meet the short and long term training needs of OAG;

Provisions are made for the use of funds and personnel in accordance with established priorities for training programs; and

Employee self-development is encouraged by making available, where applicable, reasonable self-study materials promoting and recognizing self-directed improvement in performance.

1305.2 Training programs established by OAG shall, to the extent feasible:

(a) Meet as many of OAG’s short and long term needs as possible;

Permit work assignment flexibility to promote employee growth to increase efficiency in the quality and quantity of work; and

Be fully integrated with other personnel management and operating activities.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1305

6-C DCMR § 1306 SELECTION AND ASSIGNMENT FOR TRAINING

1306.1 The selection and assignment of training for employees shall be made in a non-discriminatory manner and based on the following criteria:

(a) Availability of funds;

(b) The degree to which the training is useful and applicable to the employee’s duties and responsibilities;

(c) The availability of less expensive alternatives;

(d) The training history of the requesting employee; and

(e) Other factors at the discretion of the Attorney General

In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code § 2-1401.01 et seq., (Act), the District of Columbia shall not discriminate on the basis of actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination that is also prohibited by the Act. In addition, harassment based on any of the above protected categories is prohibited by the Act. Discrimination in violation of the Act will not be tolerated. Violators will be subject to disciplinary action.

1306.3 The Attorney General may consider an employee’s complete training and self-development activities in initiating a personnel or position change.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1306

6-C DCMR § 1307 EVALUATION OF TRAINING PROGRAMS

1307.1 OAG managers shall be responsible for evaluating the results and effects of training and recommending professional development to OAG’s Training Officer for employees in need of specific training.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1307

6-C DCMR § 1308 TRAINING THROUGH NON-DISTRICT GOVERNMENT FACILITIES

1308.1 OAG may make arrangements for employee development and training with colleges, universities, other institutions of higher education, or private sector organizations, as appropriate.

1308.2 Authorization of proposed training in a non-District government facility pursuant to § 1308.1 shall be based on a determination that the facility is capable of providing the required training effectively and in a timely fashion, and that

equivalent training is not available from District-government sponsored programs.

1308.3 Training shall not be allowed in or by any facility that discriminates on the basis of actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, place of residence or business, or other factors unrelated to the need for training.

1308.4 Pursuant to this chapter, OAG may establish appropriate limitations on the amount of on-duty time an employee may be granted for training.

1308.5 OAG shall execute a written training agreement with each non-District government entity or facility selected for employee development activities under this chapter. The following information shall be included in written training agreements for employee development activities conducted by, in, or through non-District government facilities:

That all training materials, audio-visual aids, books, and publications developed as a direct result of the contract shall become the property of the District government;

That all supplies, materials, equipment, and other property purchased and billed to the District government by the contractor shall become the property of the District government upon the conclusion of the contract; and

That the contractor shall be paid only upon submission of the required deliverable and an itemized invoice signed by the contractor listing all costs and charges, and the period of services.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1308

6-C DCMR § 1309 DETERMINING TIME IN TRAINING

1309.1 An employee assigned to full-time training shall be counted as being in training the same number of hours as in a pay status during the training assignment, up to a maximum of eight (8) hours a day or forty (40) hours a week, unless other laws provide an exemption.

1309.2 An employee assigned to training on less than a full-time basis shall be counted as being in training the same number of hours spent in instruction and necessary travel.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1309

6-C DCMR § 1310 AGREEMENT TO CONTINUE IN SERVICE

1310.1 An employee selected for training in a non-District government facility shall agree in writing to:

Continue in the service of the District government after the end of the training for a period of time at least equal to the length of the training period, unless the employee is involuntarily separated; and

Pay to OAG the amount of all expenses incurred in connection with the training, other than his or her salary, if the employee voluntarily leaves OAG service before the end of the period for which he or she had agreed to serve.

The agreement shall also outline the procedure to recover payments of expenses incurred in such training.

1310.3 In determining the required service covered in the agreement, the employee shall be given credit for service performed beginning on the first workday after the end of the training.

1310.4 An employee who enters into an agreement pursuant to § 1310.1 shall give his or her employing agency a minimum notice of ten (10) workdays prior to the employee separating from District government service.

1310.5 A written agreement pursuant to § 1310.1 shall not be necessary in the following situations:

When an employee is selected for training provided by a manufacturer as a part of the normal service contract as a result of purchase or lease or demonstration of a product under a procurement contract;

When an employee is selected for training that does not exceed eighty (80) hours of duty time within a single training program;

When an employee is selected for training that is given through an independent study course; or

When the cost of training an employee is below two thousand five-hundred dollars ($2,500).

1310.6 OAG may recover the incurred training expenses as provided in section 1311. The Attorney General may waive the training expenses, in whole or in part, if recovery would be against equity, good conscience, or against the public interest.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1310

6-C DCMR § 1311 PAYMENT OF TRAINING EXPENSES

1311.1 The Attorney General shall determine full training costs, including, but not limited to the cost to OAG for employee travel, subsistence, transportation tuition, fees, books and related materials, and membership fees, to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent for the training.

1311.2 Full training costs pursuant to § 1311.1 shall not include compensation paid to an employee while in training status.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1311

6-C DCMR § 1312 FAILURE TO COMPLETE TRAINING

1312.1 The Attorney General shall establish procedures to protect OAG’s interests when employees fail to complete training for which OAG pays the expenses.

1312.2 Such procedures shall include the requirement that the expenses incurred by OAG be repaid by the employee when it is determined that the employee unjustifiably failed to complete the training.

1312.3 The Attorney General, upon written determination of undue hardship, may waive the repayment requirement.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1312

6-C DCMR § 1313 RECORDS OF TRAINING

1313.1 The Attorney General shall establish procedures for the reporting and evaluation of completed training and its effectiveness.

1313.2 The Attorney General shall maintain records of payments made for travel, tuition and fees, and other necessary expenses relating to the training.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1313

6-C DCMR § 1314 ACCEPTANCE OF CONTRIBUTIONS, AWARDS, AND PAYMENTS FROM NON-DISTRICT GOVERNMENT ORGANIZATIONS

1314.1 The Attorney General shall establish procedures concerning the acceptance of contributions, awards, and payments in connection with any training provided by non-District government organizations.

1314.2 Except as provided in § 1314.3, OAG employees may accept contributions, awards, and payments made directly to them, or on their behalf, by non-District government organizations in connection with training that the employees receive in non-District government facilities.

1314.3 Any contribution, award or payment made by a non-District organization to a District government employee, in whole or in part, as a result of the training while in a pay status or at such other times when the District government agency paid the expenses of the training, in whole or in part, shall be returned to the District government.

1314.4 When funding sources other than agency appropriations are used, in whole or in part, the following conditions shall be met:

(a) The training shall be subject to approval by the Attorney General prior to obligations being made; and

(b) The Attorney General may prescribe additional administrative restrictions in the use of grant funds, scholarships, contributions, awards, and other sources of training.

1314.5 Notwithstanding any other provisions in this chapter, an employee may accept a contribution, award, or payment when, in the judgment of the Attorney General:

(a) The contribution, award, or payment is not a reward for services to the organization prior to the training; and

(b) Acceptance of the contribution, award, or payment:

(1) Would not reflect unfavorably on the ability of the employee to perform his or her official duties in a fair and objective manner;

(2) Would not compromise the honesty or integrity of District government programs or District government employees and their official actions or decisions;

(3) Would otherwise be proper and ethical for the employee concerned under the circumstances in a particular case; and

(4) Would not have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective decision of the employee.

1314.6 An employee may accept a contribution, award or payment (whether made in cash or in kind) that falls within the scope of this chapter only with specific written authorization.

1314.7 The following records shall be maintained in connection with the acceptance of a contribution, award, or payment:

(a) The name of the recipient;

(b) The name of the organization;

(c) The amount and nature of the contribution, award, or payment and the purpose for which it is to be used; and

(d) A copy of the written authorization.

1314.8 Notwithstanding any provision in this section, the provisions of chapter 18 of subtitle B of title 6, these regulations shall take precedence, to the extent that there is a difference.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1314

6-C DCMR § 1315 ATTENDANCE AT MEETINGS AND CONFERENCES

1315.1 Funds made available to an employee by OAG for travel and other expenses relating to attendance at meetings or conferences shall be limited to such meetings or conferences which are concerned with the functions or activities to which the funds are allocated, or which will contribute to improved conduct, supervision, or management of the functions or activities of the employee or OAG, as applicable.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1315

6-C DCMR § 1316 TRAINING AND THE PAYMENT OF PREMIUM PAY

1316.1 OAG shall schedule employee training so as to avoid, whenever possible, periods when overtime or premium pay, or both, would otherwise be payable.

1316.2 An employee assigned for training under this chapter shall not be paid overtime, holiday, night differential or Sunday premium pay, unless required by other laws.

The Attorney General may waive the prohibition on the payment of premium pay specified in § 1316.2 upon determining that such a payment would be in the interests of equity and good conscience or in the public interest.

1316.4 Notwithstanding the provisions of § 1316.2, an employee may be paid the applicable premium pay under any of the following circumstances:

(a) If an employee receives training during premium hours;

(b) If an employee is given training during hours in which he or she would be entitled to receive overtime, on a holiday, or on a Sunday, because the costs of such training, overtime or premium pay included, are less than the costs of the same training during regular work hours; or

(c) If, in the discretion of the Attorney General, premium pay or overtime is appropriate.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1316

6-C DCMR § 1317 TRAINING LIAISON COORDINATORS

1317.1 OAG’s Training Officer is designated as OAG’s training liaison to assist management in the coordination of employee development efforts, including coordination with the Director of the Center for Workforce Development.

1317.2 OAG shall designate Training Officer to carry out the professional development program.

1317.3 The Training Officer shall take necessary administrative action to ensure that current information on employee development activities is available for employees.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1317

6-C DCMR § 1399 DEFINITIONS

Training — the process of installing and maintaining systematic programs for the purposes of developing and enhancing employees’ performance through planned courses, systems, or other related and relevant courses; and to improve employees’ knowledge, ability, skill, proficiency and overall efficient performance of their official duties.

History

• SOURCE: Final Rulemaking published at 69 DCR 004244 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1399

6-C17 LABOR MANAGEMENT RELATIONS

6-C DCMR § 1700 LABOR MANAGEMENT RELATIONS

1700.1 OAG wishes to maximize efficient operations and understands that sound labor management practices are essential to that goal. In order to establish a cooperative and productive labor-management relations program, OAG shall complement its statutory and regulatory collective bargaining process with a Labor Management Partnership Committee that allows managers and employees to collaborate on how to deliver the highest quality services to internal and external customers.

1700.2 OAG’s Labor Management Partnership Committee shall consist of combination of labor and management leaders that discuss practical strategies to enhance public management of resources, responsive service-delivery, and workforce collaboration. The partnership shall support the critical integration of workforce and government administration into effective teamwork that fosters efficiency in operations while maintaining a high quality work environment.

1700.3 The partnership shall promote a joint understanding of the unique issues, challenges and opportunities facing union and management employees and will seek ways to incorporate them into maintaining a supportive and positive work environment while achieving sustained excellence in public service.

1700.4 Goals of the partnership between labor and management are:

(a) To improve our labor-management relationship;

(b) To provide a supportive, productive, challenging and high quality work environment in which all employees are treated with dignity and respect and are valued for their individual and team contributions;

(c) To generate gains in efficiency, effectiveness and accountability in service delivery through policies and programs that are economically feasible and justifiable; and

(d) To promote progressive OAG operation that is robust but sufficiently flexible to meet changing needs.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1700

6-C DCMR § 1701 PRINCIPLES OF THE RELATIONSHIP

1701.1 The Labor Management Partnership Committee members shall provide the leadership necessary to create an office-wide labor management relationship based on mutual interests, respect and trust. In order to realize the results desired, labor and management, at all levels, recognize that a sound relationship is built on the following principles:

(a) Putting the public interests first;

(b) Operating under a set of core values that emphasize trust, respect, transparency and inclusiveness of all members of the workforce;

(c) Promoting effective communication strategies and feedback loops at all levels within the partnership;

(d) Striving to fully consider all points of view in the decision-making process; and agreeing to make decisions through consensus of the partnership;

(e) Building a culture of shared learning and taking advantage of opportunities to share in each other’s work;

(f) Working with partners to promote systems reform within the field of workforce development;

(g) Identifying and focusing on common interests and shared problems rather than exclusive rights and conflicting positions;

(h) Establishing mutually agreeable performance management standards to measure partnership activities that demonstrate partners’ accountability for their actions;

(i) Expecting partners to take ownership for delivering the objectives for which they are responsible; and

(j) Working to sustain the partnership, recognizing that some conflict is inevitable and healthy, but secondary to the common interests of the partnership.

1701.2 In accordance with subsection 1701.1 of this section, partnership members shall strive to:

(a) Listen to each other;

(b) Respect each other;

(c) Trust each other;

(d) Take responsible risks;

(e) Communicate openly and candidly;

(f) Endeavor to understand each other’s interests;

(g) Share reliable information on costs and operations; and

(h) Create a reliable, long term relationship.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1701

6-C DCMR § 1702 LABOR-MANAGEMENT PARTNERSHIP STRATEGIC PLAN

1702.1 The Partnership Committee shall develop and maintain a strategic plan to reflect current priorities which shall identify long-term initiatives, programs and performance measures that are aligned with partnership’s purpose, vision, principles and goals. Programs and initiatives shall be evaluated on an annual basis.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1702

6-C DCMR § 1703 COMPOSITION OF THE PARTNERSHIP COUNCIL

1703.1 The governing body of the Labor Management Partnership Council shall comprise no more than 24 representatives.

1703.2 The LMPC governing body shall have an equal number of representatives from both labor and management.

1703.3 Both parties shall designate its representatives.

1703.4 The Attorney General shall serve as the management co-chair. All OAG labor organizations shall designate a co-chair. The Co-Chairs shall serve concurrently. The Co-Chairs will alternate the responsibility of chairing the partnership committee meetings.

1703.5 No alternates or substitutes for permanent members will be allowed, unless the Co-Chairs make an exception to this rule prior to a scheduled meeting. A periodic change of designated members may also be considered by the Co-Chairs.

1703.6 Subcommittees may be established, as working groups, to perform targeted functions or activities for the consideration of the Committee. However, the workgroup must report back to full committee for discussion before a final decision is made.

1703.7 Additional resource individuals may be invited to attend meetings for informational purposes but will not participate in decision-making by the members of the Committee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1703

6-C DCMR § 1704 GROUNDRULES AND DECISION-MAKING

1704.1 The Partnership Committee does not supersede or replace the statutory collective bargaining and labor relations program, including negotiated agreements between labor organizations and OAG, or provide for the resolution of grievances.

1704.2 Participation in the Committee does not constitute a waiver, by any party, of collective bargaining and arbitration rights. However, any information or proposal not in the public domain, but shared with the partnership through the work of the Partnership Committee will not be used in any arbitration, unfair labor practice, or other proceeding emanating from the collective bargaining relationship, unless mutually agreed.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1704

6-C DCMR § 1705 PARTNERSHIP COMMITTEE MEETING AGENDA

1705.1 Any member of the Partnership Committee may suggest an agenda item to either of the Co-Chairs within 48 hours of the meeting. The Co-Chairs shall confer prior to any full meeting of the Partnership Committee to jointly determine the agenda for the upcoming meeting. Other items may be added to the agenda by consensus at the beginning of the meeting, as circumstances require.

History

• SOURCE: Final Rulemaking published at 69 DCR 004254 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 1705

6-C38 MANAGEMENT SUPERVISORY SERVICE

6-C DCMR § 3800 POLICY

Pursuant to section 951 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.51), the Management Supervisory Service is established within the District government to ensure that each agency has the highest quality of managers and supervisors who are responsive to the needs of the government.

This chapter applies to all appointments to the Management Supervisory Service within the Office of the Attorney General under the authority of sections 951 through 958 of the CMPA (D.C. Official Code §§ 1-609.51 through 1-609.58.) and the authority delegated to the Attorney General, pursuant section 108a of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.88a) (2014 Repl. & 2017 Supp.).

3800.3 In accordance with the authority described in § 3800.2(D.C. Official Code § 1-609.54), an appointment to the Management Supervisory Service is an at-will appointment.

3800.4 For the purposes of this chapter, the term “appointment” means all initial appointments to the Management Supervisory Service, and all subsequent position changes, including reassignments and promotions, within the Management Supervisory Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3800

6-C DCMR § 3801 APPLICABILITY

3801.1 The Management Supervisory Service consists of all employees of the Office of the Attorney General who meet the definition of “management employee” in section 1411(5) of the CMPA (D.C. Official Code § 1-614.11(5)), that is, employees whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.

3801.2 The following employees are excluded from the Management Supervisory Service:

Employees occupying positions included in recognized collective bargaining units; and

Employees with acting supervisory or managerial responsibilities only in the absence of the regular supervisor or manager.

3801.3 Positions that have some supervisory duties and responsibilities but less than those described in the appropriate classification standards guide shall be excluded from the Management Supervisory Service.

3801.4 Persons appointed to the Management Supervisory Service are not in the Career, Legal, or Excepted, or Services.

3801.5 An employee holding a position in the Career or Legal Service may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service, to a position that would otherwise be in the Management Supervisory Service, without losing his or her existing status in the Career Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3801

6-C DCMR § 3802 COMPENSATION SYSTEM, SALARY AND RATE SCHEDULES, AND PAY-FOR-PERFORMANCE SYSTEM FOR MANAGEMENT SUPERVISORY SERVICE EMPLOYEES

3802.1 The compensation provisions of Chapter 11 of subtitle B of title 6 are applicable to all positions in the Management Supervisory Service.

3802.2 As applicable, individuals appointed to the Management Supervisory Service shall be paid from either:

(a) The Management Supervisory Rate Schedule, the symbol for which is MW, which is the hourly rate schedule applicable to Management Supervisory Service employees who are paid under the Wage Service Rate System established in Chapter 11 of subtitle B of title 6; or

(b) The Management Supervisory Service Pay Schedule (“MS Schedule”), the symbol for which is MS, which is the annual rate schedule applicable to Management Supervisory Service employees who are paid under the District Service Salary System established in Chapter 11 of subtitle B of title 6.

3802.3 The MS Schedule is divided into grade levels 11 through 16 and consists of an open range with no steps, only a “minimum”, “midpoint,” and “maximum” as reference points of the range for each grade level.

3802.4 The MS Schedule provides a varying, pay-for-performance system for Management Supervisory Service employees paid from it. Some of the features of a merit-based pay plan such as the new MS Schedule are:

(a) Merit pay or pay-for-performance systems provide the flexibility to:

(1) Combine merit or performance-based increases with what is commonly known as a “cost-of-living adjustments” or “market adjustments;” or

(2) Base the total salary increase the employee receives solely on merit

(performance).

(b) Base-pay increases vary in direct relationship to each employee’s performance level;

(c) The system differentiates between the various levels of performance and rewards employees accordingly through additional compensation;

(d) The success of the system depends on accurate and realistic performance

evaluations by supervisors; and

(e) The system provides flexibility for varying budget constraints and revenues.

3802.5 OAG, in consultation with the Office of the Chief Financial Officer, shall:

(a) Determine the percentage of the performance-based or merit pay increase, if any, for agency Management Supervisory Service employees who are paid under the MS Schedule and have received a Performance Plan for the year, and whose level of competence and job performance is determined to be acceptable or better as evidenced by a performance rating of “Meets Expectations” or higher;

(b) Determine the total percentage of the annual salary increases for these employees, if any; and

(c) Communicate the plan to division managers every year.

3802.6 Any performance base or merit pay increase for Management Supervisory Service employees shall be approved by the Attorney General.

3802.7 An eligible Management Supervisory Service employee whose salary is at the top of the range for the grade level of the position he or she occupies and who meets the requirements in section 3802.5 (a) of this section, shall receive a one-time (1-time) lump sum payment for the calendar year in question, the amount of which shall not exceed the percentage afforded to other eligible agency employees with the same performance rating.

3802.8 The rates of pay on the Management Supervisory Service Pay Schedules shall not be used to set pay upon subsequent appointment to a position in the Career Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3802

6-C DCMR § 3803 INCUMBENT CLASSIFICATION SYSTEM

3803.1 Until such time as the Attorney General adopts a new classification system, the classification system that was in effect on December 31, 1979 is the system applicable to the classification of positions in the Management Supervisory Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3803

6-C DCMR § 3804 METHOD OF MAKING MANAGEMENT SUPERVISORY SERVICE APPOINTMENTS

3804.1 In accordance with section 953 of the CMPA (D.C. Official Code § 1-609.53), all appointments to the Management Supervisory Service, except as specifically limited in this chapter, shall be by open competition on the basis of merit by selection from the highest qualified applicants, based on specific job requirements with appropriate regard for affirmative action goals as provided by law and as determined under this chapter.

3804.2 An appointment to the Management Supervisory Service may be made for an indefinite period, or as a time-limited appointment.

3804.3 Because an appointment to the Management Supervisory Service is an at-will appointment, a date specifying the duration of a time-limited appointment shall not prevent the termination of the employee occupying such a position prior to the date specified; provided that the termination is effected pursuant to section 3813 of this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3804

6-C DCMR § 3805 PROHIBITED PERSONNEL PRACTICES

3805.1 No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position in the Management Supervisory Service for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

3805.2 In accordance with the D.C. Human Rights Act of 1977, as amended, OAG does not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, and place of residence or business.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3805

6-C DCMR § 3806 QUALIFICATION STANDARDS AND GENERAL REQUIREMENTS FOR SELECTION

3806.1 A person selected to a position in the Management Supervisory Service shall meet the qualification standards for the position for which selected.

3806.2 Suitability requirements applicable to the Management Supervisory Service are specified in Chapter 4 of Title 6 Subtitle B of the DCMR.

3806.3 Whenever the practice of certain occupations and professions is subject to licensure requirements (as established by District, state, or federal law), the possession of a license shall constitute a qualification requirement for the position.

3806.4 Selection procedures for the Management Supervisory Service shall be based on a job analysis designed to identify and evaluate the factors that are important in evaluating candidates, as well as the following:

(a) The basic duties and responsibilities of the position; or

(b) The tasks or the knowledge, skills, and abilities required to perform the duties and carry out the responsibilities of the position.

3806.5 The Attorney General may require an applicant to provide documentary evidence of his or her qualifications for an appointment in the Management Supervisory Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3806

6-C DCMR § 3807 COMPETITIVE AND NON-COMPETITIVE PLACEMENT

3807.1 Except as otherwise provided in this chapter, competitive procedures shall apply to all initial appointments to the Management Supervisory Service, and subsequent assignments and placements to positions within the Management Supervisory Service, as follows:

(a) Promotions;

(b) Temporary promotions exceeding one hundred twenty (120) days;

(c) Selection for a detail for more than two hundred forty (240) days to a position at a higher grade or to a position at the same grade level with known promotion potential; and

(d) Selection for a position, including by reassignment or demotion, with more promotion potential than the last grade held under a Management Supervisory Service competitive appointment.

3807.2 Competitive procedures shall not apply to the following actions within the Management Supervisory Service:

(a) The following types of Management Supervisory Service promotions:

(1) A promotion resulting from the upgrading of a position without significant change in the duties and responsibilities due to issuance of a new classification standard or the correction of an initial classification error;

(2) A promotion resulting from an employee’s position being reclassified at a higher grade because of accretion of additional duties and responsibilities without planned management action;

(3) A career ladder promotion if the original competition for the position clearly established the career ladder; or

(4) A temporary promotion under this chapter for a period of one hundred twenty (120) days or less.

(b) An indefinite reassignment or transfer to a position of the same grade with no known promotion potential or with no greater promotion potential than the position previously held;

(c) A temporary reassignment for a period of one hundred twenty (120) days or less;

(d) A reassignment or demotion pursuant to section 3809 of this chapter;

(e) Consideration of a candidate not given proper consideration in a competitive promotion action; or promotion of an employee who was denied promotion as a result of other error;

(f) A detail of two hundred forty (240) days or less to a position at a higher grade or to a position with known promotion potential; and

(g) Temporary Appointments Pending the Establishment of Registers (TAPER).

3807.3 While this chapter does not include time-in-grade requirements or restrictions for promotion to or within the Management Supervisory Service (MSS) that would prevent a MSS employee from advancing to a higher grade position before serving at the lower grade for at least one (1) year, OAG must exercise discretion concerning any such promotions, and consider establishing internal controls and procedures to handle such promotions, with regard to equity and reasonableness.

3807.4 The following criteria shall be followed when considering promoting an employee to or within the Management Supervisory Service when the employee meets the qualifications requirements for the higher grade position but has served at the lower grade level for less than one (1) year. Under such circumstances, consideration shall be given to the following:

(a) The employee’s total work history;

(b) The employee’s education, superior academic credentials, or superior academic achievements;

(c) Any work performed by the employee that is related to the higher grade position and at a level at least commensurate (equivalent) to the higher grade position;

(d) Any negative impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on other agency Management Supervisory Service employees;

(e) The impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on the agency’s salary structure; or

(f) Hardship, inequity, or especially meritorious cases.

3807.5 An employee’s salary history (i.e., previous higher salary) shall not automatically be considered as the determining factor in the employee’s promotion under the circumstances and criteria described in section 3807.4 of this section; however, it may be considered along with the criteria listed in that section.

3807.6 An employee promoted under the circumstances described in section 3807.4 of this section may be advanced more than two (2) grade levels at a time.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3807

6-C DCMR § 3808 COMPETITIVE SELECTION

3808.1 Competitive selection procedures shall consist of assembled examinations, which may include written, oral, or performance examinations, or a combination thereof; or unassembled examinations, which may include but shall not be limited to the establishment of crediting plans (for ranking), selection panels, or interview panels, or a combination of more than one (1) of these recruitment and selection methods.

3808.2 Each competitive selection shall result from appropriate recruitment activities and a vacancy announcement made available to applicants.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3808

6-C DCMR § 3809 PLACEMENT BY REASSIGNMENT OR DEMOTION

3809.1 OAG may fill a vacancy within the Management Supervisory Service by reassignment of a Management Supervisory Service employee to another position of the same grade and salary, either competitively or non-competitively, as provided in this section.

3809.2 When, as a result of attrition, reductions in force, reorganizations, or approved realignments within OAG, a Management Supervisory Service employee ceases to perform managerial or supervisory functions or duties, OAG may reassign or demote the employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies; provided that there is no reduction in the benefits of the employee, and the position has no greater promotion potential than the position previously held.

3809.3 OAG may determine that it is necessary to reassign or demote a Management Supervisory Service employee to a vacant Management Supervisory Service position within OAG for which he or she qualifies, for reasons other than those listed in section 3809.2 of this section. In such cases the reassignment or demotion may be effected; provided that the position has no greater promotion potential than the position previously held.

3809.4 A time-limited reassignment may be made for a period not to exceed one (1) year.

3809.5 A time-limited reassignment exceeding one hundred twenty (120) days to a position with established promotion potential higher than the currently held position will be effected competitively.

3809.6 Any reassignment or demotion under the circumstances described in sections 3809.2 and 3809.3 of this section shall be effected non-competitively.

3809.7 An employee may voluntarily accept a reassignment or demotion pursuant to sections 3809.2 or 3809.3 of this section, or be terminated as specified in section 3813 of this chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3809

6-C DCMR § 3810 MANAGEMENT SUPERVISORY SERVICE SKILLS MAINTENANCE AND ENHANCEMENT

3810.1 In accordance with section 955 of the CMPA (D.C. Official Code § 1-609.55), each employee appointed to the Management Supervisory Service will be required to maintain and enhance his or her management and supervisory skills through mandatory training courses every year.

3810.2 Failure of a Management Supervisory Service employee to complete the prescribed training within time frames specified by the OAG may result in administrative action against the employee.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3810

6-C DCMR § 3811 PERFORMANCE EVALUATION SYSTEM FOR MANAGEMENT SUPERVISORY SERVICE EMPLOYEES

3811.1 Except as provided in Chapter 14 of subtitle B of title 6, the performance of employees in the Management Supervisory Service shall be evaluated utilizing the performance management system in that chapter.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3811

6-C DCMR § 3812 RESIDENCY PREFERENCE FOR MANAGEMENT SUPERVISORY SERVICE

3812.1 The residency preference provisions of section 801(e) (1), (2), (3), (5), (6), and (7) of the CMPA (D.C. Official Code § 1-608.01(e) (1), (2), (3), (5), (6), and (7)), shall apply to employment in the Management Supervisory Service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3812

6-C DCMR § 3813 EMPLOYEE RIGHTS UPON TERMINATION

3813.1 An appointment to the Management Supervisory Service is an at-will appointment. A person appointed to a position in the Management Supervisory Service serves at the pleasure of the Attorney General, and may be terminated at any time. An employee in the Management Supervisory Service shall be provided a fifteen-day (15-day) notice prior to termination.

3813.2 No termination action shall be initiated under this chapter unless first authorized by the Attorney General (or designee).

3813.3 In accordance with section 954 of the CMPA (D.C. Official Code § 1-609.54 (b)), at the discretion of the Attorney General, an employee in the Management Supervisory Service may be paid severance pay upon termination for non-disciplinary reasons according to his or her length of employment in OAG, as follows:

Length of Employment

Maximum Severance

Up to 6 months

2 weeks of the employee’s basic pay

6 months to 1 year

4 weeks of the employee’s basic pay

1 to 3 years

8 weeks of the employee’s basic pay

More than 3 years

10 weeks of the employee’s basic pay

3813.4 Severance pay shall not be paid to any individual who has accepted an appointment to another position in the District government without a break in service.

3813.5 [RESERVED].

3813.6 [RESERVED].

3813.7 Terminations from the Management Supervisory Service are not subject to administrative appeals or review.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3813

6-C DCMR § 3899 DEFINITIONS

3899.1 For the purposes of this chapter, the following terms have the meaning ascribed:

Assembled examination – a computerized or multiple-choice written examination or test which may include a typing or data-entry skills test.

Break in service – a period of one (1) workday or more between separation and reemployment that may cause a loss of rights or privileges.

Demotion – the change of an employee to a lower grade, or to a position with a lower rate of pay, when both the old and new positions are under the same pay schedule or in different pay schedules.

Disciplinary reasons – includes but is not limited to behavior that negatively impacts the integrity of government operations or that is contrary to established standards, policies, or procedures; failure to meet specific requirements for the position the employee occupies, such as professional licensing or certification requirements; and failure to meet established performance goals, unsatisfactory or poor performance, incompetence, or any other performance-related deficiencies.

Manager – an employee vested with the authority to direct the work of an organization, held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the progress of an organization toward meeting goals, and making adjustments in objectives, work plans, schedules and commitment of resources. A manager serves as head or assistant head of a major organization, or specialized project of marked difficulty, responsibility or community significance.

Promotion – the change of an employee while continuously employed, from one grade to a higher grade under the Management Supervisory Service Schedule, or between pay systems.

Reassignment – the change of an employee from one position to another position with the same (exact) representative rate without promotion or demotion.

Supervisor – incumbent of a position that accomplishes work through the direction of other employees and meets at least the minimum requirements for coverage under the appropriate supervisory grade evaluation guide.

Temporary Appointment Pending the Establishment of Register (TAPER) – a time-limited initial appointment to a position in the Management Supervisory Service, pending the establishment of a register when there are insufficient candidates on a register appropriate for filling the position. Authority for the use of this type of appointment shall be granted by the personnel authority only when the public interest requires that a vacancy be filled before eligibles can be certified.

Transfer – a change, without a break in service of a full workday, of a Management Supervisory Service (MSS) employee to another MSS position without promotion or demotion, and under a different personnel authority.

Unassembled examination – an examination that does not require a written test.

History

• SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 3899

6-C40 TRAVEL EXPENSES

6-C DCMR § 4000 PURPOSE AND APPLICABILITY

PURPOSE AND APPLICABILITY

This chapter establishes procedures for requesting, approving, and reimbursing travel expenses incurred by OAG employees for authorized District government purposes.

The provisions in this chapter apply to all OAG employees of the District government under the Attorney General’s personnel authority.

OAG’s Human Resources Section shall provide all forms referenced in this chapter, issue guidance to OAG employees regarding the implementation of this chapter, and provide training opportunities to OAG employees on the requirements of this chapter.

Except as provided in §§ 4031 through 4035 (regarding local travel), this chapter applies to travel beyond fifty (50) miles from the District of Columbia, as measured from the OAG headquarters.

When an issue relating to the authorization or reimbursement of a travel expense is not covered by this chapter, OAG employees should be guided by the Federal Travel Regulation, 41 CFR Chapters 300-304, in deciding whether the expense will be authorized or reimbursed.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4000

6-C DCMR § 4001 GENERAL POLICY AND STANDARDS

GENERAL POLICY AND STANDARDS

4001.1 Travel expenses are necessary, in general, to the effective operation of OAG and the District government.

4001.2 For specific employee travel expenses to be reimbursable by OAG, the expenses must be for:

Travel deemed necessary for OAG and/or District government business, including travel for meetings and conferences;

Travel deemed necessary for human capital development beneficial to OAG and the District government, including travel for employee training and seminars; and

Emergency travel that interrupts travel approved for a purpose described in paragraphs (a) or (b) of this subsection.

When incurring travel expenses, OAG employees shall be guided by principles of accountability, transparency, efficiency, and economy.

In being guided by the principles of efficiency and economy, the following general standards shall apply:

An employee traveling for OAG and/or District government purposes shall exercise the same care in incurring travel expenses that a prudent person of modest means would exercise if traveling on personal business. Expenses that would not be incurred by a prudent person of modest means shall not be authorized or reimbursed.

Excessive costs (such as the use of unnecessary routes, extended stays, late fees, higher-level accommodations, and other expenses that are unnecessary or unjustified in the performance of official business) shall not be authorized and shall not be reimbursed.

OAG shall limit the number of travelers (for example, participants at a conference) to the minimum necessary to accomplish the purpose of the travel.

An employee must receive written authorization from their Division head, the Chief Deputy Attorney General, the Chief Operating Officer, or the Attorney General or their designee, as applicable under § 4017.2, before incurring any travel expense, unless circumstances beyond the control of the agency or employee make pre-authorization impractical.

An employee shall be responsible for payment of all expenses over the reimbursement limits established in this chapter, all expenses not authorized by OAG, and all expenses that are otherwise not consistent with the provisions of this chapter or District or federal law.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4001

6-C DCMR § 4002 TRAVEL OFFICERS

TRAVEL OFFICERS

4002.1 Division heads shall designate an employee to serve as the Division’s travel officer.

4002.2 Travel officers are responsible for verifying that employee travel and training expenses are reasonable, necessary, consistent with the provisions of this chapter, and in compliance with the policies outlined in § 4001. This includes:

Reviewing the travel requests and supporting documents for accuracy and completeness; and

Ensuring compliance with applicable rules and regulations.

4002.3 All travel requests and expenses must be approved by the Division head.

4002.4 The Division heads and travel officer shall be responsible for:

Making determinations under the provisions of this chapter (in consultation, where appropriate, with the Chief Deputy Attorney General, Chief Operating Officer, Fiscal Officer, or their designees as necessary);

Receiving, reviewing, certifying, and processing requests for travel authorizations;

Receiving, reviewing, certifying, and processing requests for advances;

Receiving, reviewing, certifying, and processing requests for reimbursements of travel expenses;

Carrying out other functions specified in this chapter or as assigned; and

Taking such actions as are necessary to ensure that OAG is in compliance with this chapter.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4002

6-C DCMR § 4003 TRAVEL EXPENSES AND REIMBURSEMENT, IN GENERAL

4003.1 For the purposes of this chapter, travel expenses include:

Transportation expenses;

Lodging expenses;

Meal and incidental expenses; and

Miscellaneous expenses.

4003.2 Travel expenses must be reasonable and necessary in order to be paid for or reimbursed by OAG. As used throughout this chapter, an expense is reasonable when it is the least expensive option, taking into consideration government accountability, efficiency, and economy, as well as employee safety.

4003.3 Subject to the availability of appropriated funds, OAG shall reimburse government travel expenses when approved in accordance with this chapter.

4003.4 No individual may approve or reimburse travel expenses that could reasonably be perceived to violate the public trust.

4003.5 If, for personal convenience, an employee travels by an indirect route or interrupts travel by a direct route, the employee shall be responsible for costs that exceed the approved cost of travel by a direct route on an uninterrupted basis.

4003.6 If, for personal convenience, an employee travels to the destination earlier than the date and time authorized for official travel or departs the travel destination later than the date and time authorized for official travel (such as by extending the employee’s stay at the travel destination for the purposes of a personal vacation), the employee shall be responsible for costs that exceed the approved cost of travel for the dates and times authorized for official travel.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4003

6-C DCMR § 4004 TRAVEL APPROVALS

TRAVEL APPROVALS

All OAG employee travel must be approved in writing. Approval of training does not itself constitute approval of travel associated with the training.

Travel approval requests shall be submitted, reviewed, and approved using a form approved by the Attorney General or their designee. The Attorney General or their designee may approve a travel request in another manner where there is a good reason that the approved form cannot be used.

Each travel approval request shall include the following information:

The employee’s name, title, and employee identification number;

The employee’s OAG Division and Section name;

The purpose of the travel;

The travel origin and destination;

The dates of departure and return; and

An estimate of each travel-related expense.

In addition to the information provided pursuant to § 4004.3, each travel approval request shall be accompanied by:

Documentation detailing the cost of the transportation (i.e., a printout of the ticket of intended purchase or of a price comparison website showing the cost of the ticket);

Documentation showing that the cost of transportation is the lowest rate available (i.e., a printout from a price comparison website);

Documentation detailing the cost of any lodging (i.e., a printout of the lodging price or of a price comparison website showing the cost of lodging);

Documentation showing that the cost of lodging is the lowest rate available (i.e., a printout from a price comparison website);

Documentation detailing the per diem lodging rate for the destination, if applicable (i.e., a printout from the General Services Administration (GSA) website); and

Documentation detailing the per diem meal and incidental expense rate for the travel destination (i.e., a printout from the GSA website).

If a travel authorization request is for a conference, training, or other event, the request shall include, in addition to the information required by §§ 4004.3 and 4004.4, the following:

A copy of the brochure, flyer, letter of invitation, or announcement for the event;

The agenda for the event, if applicable; and

The registration pricing information (including early bird deadlines).

If transportation costs exceed basic coach-class service (or its equivalent); lodging costs exceed the lowest cost available; or costs otherwise deviate from the provisions of this chapter, a written justification shall accompany the travel authorization request.

Travel approvals shall be processed as indicated in § 4017.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4004

6-C DCMR § 4005 TRANSPORTATION EXPENSES

TRANSPORTATION EXPENSES

OAG shall pay for or reimburse transportation expenses incurred for approved employee travel to the extent authorized by OAG and consistent with this chapter.

Allowable transportation expenses include:

Transportation from the employee’s authorized point of origination (see § 4026) to an airport, train station, bus depot, or other authorized point of departure (such as a car rental location);

Airfare, train fare, or other necessary transportation expenses (such as expenses of a rental car) from the travel departure city to the travel destination city;

Transportation from the travel destination airport, train station, or bus depot to the employee’s travel lodging;

Transportation while at the travel destination (for example, a shuttle bus or taxi ride from the employee’s lodging to a meeting location);

Return transportation from the employee’s lodging to the destination airport, train station, or bus depot;

Return airfare, train fare, or other necessary transportation expenses from the destination city to the return city (generally the travel departure city); and

Transportation from the return city airport, train station, or bus depot or other authorized point of return (such a car rental location) to the employee’s home, office, or other authorized point of return (see § 4026).

If an employee does not travel by the approved method or class of transportation, any additional expenses incurred which exceed the cost of the authorized method or class of transportation shall be borne by the employee.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4005

6-C DCMR § 4006 GROUND TRANSPORTATION

GROUND TRANSPORTATION

4006.1 (a) Ground transportation subject to reimbursement includes heavy rail (such as Amtrak, MARC, and Virginia Railway Express) and intercity bus service (see § 4007), as well as public transit systems (including subway, bus, and light rail), taxis, ride-hailing services (such as electronically hailed personal vehicles), shared-ride services (such as shared van service to or from an airport, or bikeshare), shuttles, and other similar means of transportation.

(b) For the purposes of this section, ground transportation does not include transportation by government or rental vehicles, which is covered by § 4008, or transportation by personal vehicles, which is covered by § 4009.

OAG may authorize the reimbursement of the costs of ground transportation for the following travel:

From the employee’s authorized point of origination to a common carrier (for example, Metrorail from the employee’s office to National Airport);

From an airport, train station, or bus depot to the employee’s place of lodging or place of official business (for example, from the destination airport to the employee’s destination hotel);

To, from, and between the employee’s place of lodging and official business;

Between places of official business while traveling;

To obtain meals at nearby locations when the nature and location of the official business or lodging necessitate such travel and the necessity is explained on the approved expense reimbursement form;

From the employee’s place of lodging or place of official business to the airport, train station, or bus depot (for example, from the convention center at the destination location to the destination airport); and

From the airport, train station, or bus depot to the employee’s authorized point of return (for example, Metrorail from National Airport to the employee’s office).

An employee shall use courtesy transportation services, such as those furnished by places of lodging, to the maximum extent possible and as a first source of transportation between a place of lodging and common carrier terminals, places of official business, and meal locations.

Whenever courtesy transportation services are not readily available, employees shall use the mode of ground transportation that is the least expensive mode of transportation, taking into consideration employee safety, cost, and efficiency.

Tips more than twenty percent (20%) for a taxi, shuttle, ride hailing service, or similar means of transportation shall not be reimbursed. Tips exceeding two dollars ($2) per courtesy shuttle shall not be reimbursed.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4006

6-C DCMR § 4007 HEAVY RAIL AND INTERCITY BUS

HEAVY RAIL AND INTERCITY BUS

If heavy rail or intercity bus service is approved by OAG as a mode of employee travel, OAG shall pay for, and an employee shall only be reimbursed for, the cost of the lowest-price coach class heavy rail (for example, Amtrak) or intercity bus service that reasonably meets the travel needs of the employee, unless another class of service is authorized under § 4007.3.

To determine and obtain the lowest-price coach class fare that reasonably meets the travel needs of the employee, the employee shall:

Compare prices online at the heavy rail or bus carrier website; and

Arrange for the purchase of transportation as far as possible in advance in order to ensure that the lowest prices are available.

OAG may approve a class of service other than basic, coach-class service if:

No basic, coach-class service is reasonably available and the travel cannot be rescheduled in a manner that is advantageous to the government;

Use of other than basic, coach-class service is necessary to accommodate a medical disability or other special need;

Regularly scheduled heavy rail or bus service between the origin and destination points only provide classes of service that are not basic, coach-class service; or

The use of other than basic, coach-class service results in an overall cost savings to the government, for example by avoiding additional travel expenses, overtime, or lost productive time while awaiting or using basic, coach-class service. Mere preference or convenience is not an acceptable factor for an agency to consider.

An employee may upgrade to other than basic, coach-class service, or to preferred seating or service in coach-class accommodations, at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4007

6-C DCMR § 4008 GOVERNMENT AND RENTAL VEHICLES

A government or rental vehicle may be authorized as a means of transportation to the travel destination and as a means of transportation while at the destination.

Whenever practical, a government vehicle shall be used for ground travel to and from travel destinations within one hundred (100) miles of the District of Columbia, as measured from the OAG headquarters.

If a government or rental vehicle is authorized as a mode of travel, the vehicle may be used at the destination only for the following purposes:

To travel between places of official business;

To travel between a place of official business and a place of lodging; and

To travel between either a place of official business or a place of lodging and a restaurant, drug store, place of medical care, place of worship, or similar place necessary for the sustenance, comfort, or health of the employee (“necessary place”) to foster the continued efficient performance of government business, provided the employee shall minimize such use by traveling to the nearest necessary place and by combining trips to multiple necessary places.

Except for collision damage waivers, personal accident insurance, or theft insurance for travel within the United States, OAG shall reimburse authorized and reasonable expenses associated with the use of government and rental vehicles, including the costs of fuel, parking fees, and tolls.

When a government vehicle is used, to the extent practicable, fuel shall be obtained in accordance with rules and procedures established by the Department of Public Works.

When authorized, the actual cost of fuel, parking, and toll expenses shall be reimbursed.

An employee shall rent, and OAG shall only reimburse the expenses of, the least expensive compact car available, unless a waiver for another class of vehicle is approved by OAG. In general, a waiver should only be approved when:

(a) Use of a class of vehicle other than a compact car is necessary to accommodate a special need;

(b) The cost of a class of vehicle other than a compact car is less than or equal to the cost of the least expensive compact car;

(c) Additional room is required to accommodate multiple employees authorized to travel together in the same rental vehicle;

(d) An employee must carry a large amount of OAG or District government material, and a compact rental vehicle does not contain sufficient space for the material; or

(e) When necessary for safety reasons, such as during severe weather.

An employee shall refuel a rental vehicle before returning the rental vehicle to the drop-off location. An employee shall not be reimbursed for purchasing a pre-paid refueling option for a rental car or for rental car vendor refueling charges; except, that if it is not practical to refuel completely prior to returning the rental vehicle because of safety issues or the location of the closest fueling station, the employee may be reimbursed for rental car vendor refueling charges.

An employee shall be responsible for any additional cost resulting from unauthorized use of a government or rental vehicle and may be subject to administrative and criminal liability for misuse of government property.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4008

6-C DCMR § 4009 EMPLOYEE VEHICLES

EMPLOYEE VEHICLES

An employee may use his or her personal vehicle for official government business only when authorized by OAG.

OAG shall approve the use of an employee’s personal vehicle only when use of a common carrier, government vehicle, or rental vehicle is not reasonable under the circumstances. Use of personal vehicles shall be in accordance with OAG’s policy regarding the use of personal vehicles, including Mayor’s Order 2009-210, until such time as the Attorney General may establish policies and procedures by office order.

Reimbursement for use of a personal vehicle shall be determined by multiplying the distance traveled, by the applicable mileage rate (see § 4009.5).

The following standards shall apply to the calculation of mileage associated with the use of personal vehicles:

Mileage shall be calculated based on the distance between the authorized point of origination and the authorized destination, the distances traveled while within the destination jurisdiction, and the distance between the authorized destination and the authorized point of return.

The distances shall be determined as shown in an online mapping service or the actual miles driven as determined from odometer readings.

When travel originates from a location other than the authorized point of origination or terminates at a location other than the authorized point of return, the mileage claimed shall be limited to the distance between the destination and the authorized point of return.

The mileage rate shall be the rate published in the most recent Federal Travel Regulation bulletin establishing such rate or the rate displayed on the General Service Administration’s website (http://www.gsa.gov/mileage).

When a personal vehicle is the authorized method of transportation, reimbursable expenses in addition to mileage shall include parking fees and bridge, road, ferry, and tunnel fees. Non-reimbursable expenses include charges for repairs, depreciation, replacements, grease, oil, antifreeze, towing, fuel, insurance, and state and federal taxes. Parking and tolls shall be reimbursed at the actual rate and shall be accompanied by a receipt, regardless of amount.

An employee’s use of a personal vehicle may also be approved for transportation between his or her authorized origination point and an airport, train station, or bus depot from which the employee will depart for and arrive to if another means of transportation is not reasonably available.

If an employee uses a personal vehicle for transportation to or from an airport, train station, or bus depot, when another means of transportation was authorized, the employee may be reimbursed for the expenses associated with the use of his or her personal vehicle pursuant to the standards, and at the rates, described in this section, except that the agency may reimburse such expenses (including mileage and parking expenses) only up to an amount equal to the estimated cost of the authorized mode of transportation.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4009

6-C DCMR § 4010 RESPONSIBILITY FOR TICKETS

RESPONSIBILITY FOR TICKETS

An employee shall be responsible for paying tickets for any moving or non-moving infractions, such as speeding tickets and parking tickets.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4010

6-C DCMR § 4011 AIR TRAVEL

AIR TRAVEL

4011.1 (a) If air travel is approved by OAG as a mode of employee travel, OAG shall only pay for, and an employee shall only be reimbursed for, the cost of the lowest-price basic coach class airfare that reasonably meets the travel needs of the employee, unless another class of service is authorized under § 4011.3.

(b) In determining whether a ticket reasonably meets the travel needs of the employee, OAG may consider the reduced time of travel and added convenience of non-stop transportation; however, it will generally be considered reasonable for an employee to travel with one (1) stop with a layover of two (2) hours or less. Mere preference or convenience is not an acceptable factor for OAG to take into account.

To determine and obtain the lowest-price coach class fare that reasonably meets the travel needs of the employee, the employee shall:

Use at least one (1) major airline pricing comparison website; and

Arrange for the purchase of transportation as far as practical in advance in order to ensure that the lowest prices are available;

OAG may approve other than basic, coach-class service if:

No basic, coach-class service is reasonably available and the travel cannot be rescheduled in a manner that is advantageous to the government. “Reasonably available” means available on an airplane that is scheduled to arrive within twenty-four (24) hours of the schedule start time of the government business at the travel destination, or scheduled to depart within twenty-four (24) hours after the end of the government business at the travel destination;

Use of other than basic, coach-class service is necessary to accommodate a disability or other special need;

Regularly scheduled flights between the origin and destination points provide only other than basic, coach-class accommodations; or

The use of other than basic, coach-class service results in an overall cost savings to the government (for example, by avoiding additional travel expenses, overtime, or lost productive time while awaiting basic, coach-class service).

An employee may upgrade to other than basic, coach-class service, or to preferred seating or service in coach-class accommodations, at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

OAG may use its purchase card only to purchase employee air travel at the rates authorized by this section. If the employee is purchasing a more expensive air travel ticket, the employee must purchase the ticket with his or her own funds, and thereafter request reimbursement of an amount equal to the price of the air travel ticket authorized by this section and approved by the agency.

If OAG determines that a lower price for air travel would have been available if the employee had arranged for the purchase of his or her air travel at an earlier point in time or used a comparative pricing website, OAG may refuse to approve payment or reimbursement in excess of the lower price, but only if the lower price was not available due solely to the employee’s delay.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4011

6-C DCMR § 4012 LODGING EXPENSES

LODGING EXPENSES

OAG shall provide reimbursement for lodging expenses when an employee is traveling for government-related purposes for more than twelve (12) hours, if the lodging expenses are authorized by OAG and are consistent with the requirements of this chapter.

Reimbursement for the costs of lodging shall be made on the basis of actual and authorized expenses. An employee shall not be reimbursed for the costs of lodging on a per diem basis.

The number of reimbursable lodging nights shall be determined by the conference, meeting, or training schedule, or other legitimate travel purposes, and the employee’s ability to depart or arrive home at a reasonable hour. The employee shall arrange his or her travel schedule so as to minimize the number of lodging nights needed.

An employee shall be reimbursed for lodging incurred on weekends and other non-workdays if the employee’s travel status requires his or her stay to include a weekend day or non-workday and the agency determines that the weekend or other non-workday travel status is the most cost-effective situation (that is, remaining in a travel status and paying expenses is more cost-effective than having the employee return to his or her residence) or is otherwise in the best interest of the government.

Lodging taxes paid by an employee are reimbursable as a miscellaneous travel expense. The amount of lodging taxes that are reimbursable are limited to the taxes paid on reimbursable lodging costs. For example, if OAG authorizes an employee a maximum lodging rate of fifty dollars ($50) per night, and the employee elects to stay at a hotel that costs one hundred dollars ($100) per night, the employee may only claim and be reimbursed for the amount of taxes paid on fifty dollars ($50), which is the maximum authorized, reimbursable lodging amount.

Employees shall request exemption from any hotel taxes, based upon their government identification and their travel authorization form. An employee shall not be reimbursed for lodging taxes paid if the jurisdiction in which the lodging is located provides a tax exemption for purchases by the District of Columbia government or its employees. Employees shall be responsible for filing the appropriate paperwork, if any, to obtain the tax exemption.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4012

6-C DCMR § 4013 LIMITATIONS ON LODGING EXPENSES

LIMITATIONS ON LODGING EXPENSES

OAG will generally provide reimbursement only for the lowest available lodging rate at the travel destination.

To determine and obtain the lowest available lodging rate, the employee shall:

Use at least one (1) major hotel pricing comparison website to determine the lodging rates at the travel destination; and

Arrange for the purchase of lodging as far as practical in advance in order to ensure that the lowest prices are available.

To determine whether a lodging rate is the lowest available, OAG may take into account factors such as:

Additional expenses that are likely to be incurred for transportation between the place of lodging that has the lowest available lodging rate and the airport, train station, or bus depot, places of business, and other authorized places; and

Inclusions in the lodging rate, such as parking or meals, which will offset other reimbursable travel costs.

In determining the lowest available lodging rate, the employee shall request the government lodging rate, if lower than the standard guest rate or conference rate.

If the lowest available hotel lodging rate exceeds the per diem lodging rate established by the GSA or the Department of State (DoS) for the destination, the employee must receive approval from OAG, prior to travel, to book at the higher rate. A request for approval must be supported by rate quotes showing the cost of rooms exceeding the GSA or DoS per diem lodging rate.

An employee may request that the Chief Deputy Attorney General, or designee, waive the lowest available hotel lodging rate requirement. Such a request may be approved if:

The time to travel back and forth from the location of lodging available at or below the per diem rate to the airport, train station, bus depot, places of business, and other authorized places is excessive relative to the added cost of staying at or near the place of business;

Lodging is procured at a prearranged place such as a hotel where a meeting, conference, or training session is held (“on-site lodging”), the on-site lodging is no more than one hundred twenty-five percent (125%) of the lowest available lodging rate, and the presence of the employee at the on-site lodging is important to the employee obtaining the full benefits of the meeting, conference, or training;

The waiver is necessary to ensure that the lodging is of an acceptable quality; or

The waiver is necessary to ensure the personal safety of the employee.

Mere preference or convenience is not an acceptable factor for OAG to take into account when determining whether a lodging rate greater than the lowest available lodging rate may be approved or reimbursed.

The lodging rate approved pursuant to a waiver must be the lowest available hotel lodging rate taking into consideration the circumstances under which the waiver is being approved.

Waivers are at the discretion of the Chief Deputy Attorney General or designee, provided that in no case shall the approved rate exceed one hundred fifty percent (150%) of the GSA per diem rate without the approval of the Attorney General.

An employee shall be reimbursed the single occupancy rate actually paid for the lodging at the approved rate. If the employee shares a room with another person, the employee’s reimbursement is limited to one-half (½) of the double occupancy rate if the person sharing the room is another government employee on official travel. If the person sharing the room is not a government employee on official travel, the employee’s reimbursement shall be limited to the single occupancy rate.

If the employee stays with a friend or relative, with or without charge, the employee may be paid a flat “token” amount or be reimbursed for additional costs the host incurs in accommodating the employee only if the employee is able to substantiate the costs and OAG determines the costs to be reasonable. The employee shall not be reimbursed the cost of comparable conventional lodging in the area.

An employee may upgrade his or her approved lodging at the employee’s personal expense. The employee shall be responsible for the payment of the cost of any upgrades.

OAG may use its purchase card only to purchase employee lodging at the rates authorized by this section. If the employee is purchasing more expensive lodging, the employee must purchase the lodging with his or her own funds and thereafter request reimbursement of an amount equal to the price of the lodging authorized by this section and approved by OAG.

If OAG determines that a lower price for lodging would have been available if the employee had arranged for the purchase of his or her lodging at an earlier point in time or used a comparative pricing website, the OAG may refuse to approve payment or reimbursement in excess of the lower price.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4013

6-C DCMR § 4014 MEALS AND INCIDENTAL EXPENSES

MEALS AND INCIDENTAL EXPENSES

OAG will provide reimbursement for authorized meal and incidental expenses when an employee is on approved travel for government-related purposes for more than twelve (12) hours.

4014.2 (a) Meal and incidental expenses may be reimbursed by either or both of the following methods:

Per diem method; and/or

Actual expense method.

An employee shall be reimbursed for meals and incidental expenses incurred on non-workdays, including weekends, if lodging for the employee at the travel location was authorized for such days.

OAG should not authorize reimbursement of meals and incidental expenses by the actual expense method unless:

Actual expenses are less than the per diem amount;

Meals are procured at a prearranged place, such as a hotel where a meeting, conference, or training session is held, and it is not feasible for the employee to purchase meals at an alternate location, and the cost of the meals together with allowable incidental expenses exceeds the per diem amount; or

Meal expenses within prescribed allowances cannot be reasonably obtained.

The maximum amount that an employee may be reimbursed under the actual expense method is limited to one hundred fifty percent (150%) of the applicable maximum meal and incidental expense per diem rate, unless a higher amount is approved by the Attorney General, upon the recommendation of the Chief Deputy and Chief Operating Officer.

To receive reimbursement at actual expense, an employee must itemize all expenses and provide a receipt for each expense, including meals, snacks, and incidental expenses, except when a receipt is not normally provided for the expense.

When reimbursement for meals and incidental expenses is made by the actual expense method, the following provisions shall apply:

Costs for each meal shall be reimbursable for:

One (1) non-alcoholic beverage;

One (1) appetizer;

One (1) main course;

The tax on the items listed in sub-paragraphs (1) through (3) of this paragraph; and

A tip, subject to paragraph (c) of this subsection.

The cost of alcoholic beverages, desserts, and other meal costs not listed in paragraph (a) of this subsection shall not be reimbursable.

Tips shall be reimbursable for no more twenty percent (20%) of the total reimbursable meal costs, including tax.

When reimbursement for meal and incidental expenses is made by the actual expense method, allowable incidental expenses are fees and tips given to porters, baggage carriers, and hotel staff.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4014

6-C DCMR § 4015 MEAL AND INCIDENTAL EXPENSES; PER DIEM RATES

MEAL AND INCIDENTAL EXPENSES: PER DIEM RATES

When meal and incidental expenses are authorized to be reimbursed on a per diem basis:

For destinations within the United States, the per diem meals and incidental expense rates that an employee may be paid shall be the rate established by the GSA.

For destinations outside the United States, the per diem meal and incidental expense rate that an employee may be paid shall be the rate established by the DoS.

If an employee’s meal and incidental expenses are reimbursed on a per diem basis, the amount of the per diem rate to which an employee shall be entitled shall be calculated as follows:

When an employee is on government travel for more than twelve (12) hours, but less than twenty-four (24) hours, the meal and incidental expense allowance shall be seventy-five percent (75%) of the applicable daily meal and incidental expense rate.

When travel is for twenty-four (24) hours or more, the daily meal and incidental expense allowance shall be as follows:

Day of Travel

Meals and Incidental Expense Allowance

Day of departure

Seventy-five percent (75%) of the applicable meal and incidental expense rate

Full days of travel

One hundred percent (100%) of the applicable meal and incidental expense rate

Last day of travel

Seventy-five percent (75%) of the applicable meal and incidental expense rate

4015.3 (a) If an employee’s meal and incidental expenses are reimbursed on a per diem basis and a meal is furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending, an amount shall be deducted from the per diem rate as follows:

For a furnished dinner: fifty percent (50%);

For a furnished lunch: twenty-four percent (24%); and

For a furnished breakfast: sixteen percent (16%).

OAG may, at its discretion, allow an employee to claim the full daily meal and incidental expense rate even if a meal is furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending, if:

(A) The employee is unable to consume the furnished meal because of a medical requirement, religious belief, or dietary restriction;

(B) The employee made a reasonable effort to make an alternative meal arrangement, but was unable to do so; and

(C) The employee purchased a substitute meal to satisfy his or medical requirement, religious belief, or dietary restriction; or

The employee was unable to take part in the meal furnished by the government or included in a registration fee or as part of another event or activity that the employee is attending because the employee was conducting official business.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4015

6-C DCMR § 4016 MISCELLANEOUS EXPENSES

MISCELLANEOUS EXPENSES

OAG shall provide reimbursement for miscellaneous expenses related to approved government travel when an employee is on government travel for more than twelve (12) hours, subject to the limitations set forth in this section and chapter.

The following expenses shall be reimbursable as miscellaneous expenses, to the extent necessary for the conduct of official business and approved by OAG:

Baggage expenses authorized by 41 CFR § 301-12.2, including fees pertaining to the first checked bag; fees relating to the second and subsequent bags may be reimbursed only when the agency determines those expenses are reasonable and necessary;

The use of computers, internet, printers, fax machines, and scanners, to the extent not provided by the government to the employee;

Telephone calls for business purposes, when an employee has not been issued a mobile phone, or when mobile service is not available in the area. Telephone calls shall be itemized showing who was called, the purpose, date, length, and cost of the call;

Faxes, which shall be itemized showing to whom the fax was sent, a description of the faxed document, and the purpose, date, number of pages, and cost of each fax;

Lodging taxes on the actual amount of the lodging cost or the maximum lodging amount authorized by the agency, whichever is less; provided, no lodging taxes shall be reimbursed if the employee’s lodging would have been exempt from taxes if the employee had filed appropriate paperwork or taken appropriate actions to obtain the tax exemption; and

Laundry and cleaning of clothing expenses when the employee is authorized for four (4) or more nights of lodging.

OAG shall not provide reimbursement for personal phone calls, entertainment, alcohol, or other personal expenses.

Any additional items reimbursable under 41 CFR § 301-12.1 shall be reimbursable as miscellaneous expenses, to the extent approved by OAG.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4016

6-C DCMR § 4017 AGENCY APPROVAL

AGENCY APPROVAL

Travel approvals shall be processed as follows:

The employee requesting travel authorization shall submit the approval form to the employee’s immediate supervisor;

The supervisor shall review and certify whether the requested travel benefits the agency;

The supervisor shall submit the approval form to the travel officer and Division head;

The travel officer and Division head shall certify whether the request complies with this chapter, and that the request is complete and accurate;

The travel officer shall secure the signature of OAG’s Fiscal Officer, certifying that funds are available to fund the request;

The Division head, or designee, shall either approve or deny the travel approval request; and

The travel officer shall notify the employee and the supervisor of the decision on the request.

Each Division head, or designee, shall be the authorizing official for travel by an employee of their Division, except:

The Chief Operating Officer or Chief Deputy Attorney General shall be the authorizing official for Division heads and Senior Counsels;

The Chief Deputy Attorney General shall be the authorizing official for the Chief Operating Officer;

The Attorney General shall be the authorizing official for the Chief Deputy Attorney General.

Travel must be authorized before the travel begins, unless extenuating circumstances acceptable to the authorizing official make it infeasible for the travel authorization to be issued before the travel begins. The extenuating circumstances shall be described in the authorization.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4017

6-C DCMR § 4018 ADVANCE PAYMENT OF EXPENSES

ADVANCE PAYMENT OF EXPENSES

Whenever possible, OAG shall pay for travel expenses with OAG’s purchase card or through a requisition.

When the purchase of travel expenses cannot reasonably be made using OAG’s purchase card or a requisition, an employee may be provided District government funds in advance of travel to pay for the estimated expenses.

Advances shall be requested along with the corresponding request for travel approval.

An employee may receive an advance of one hundred percent (100%) of the estimated travel expenses that cannot reasonably be secured with OAG’s purchase card or through a requisition.

Advances shall be disbursed to an employee no sooner than ten (10) calendar days before the date of travel, unless an earlier disbursement is necessary to secure lower travel rates.

(d) OAG shall not advance funds to any employee who has an outstanding advance or portion of an advance due to the government.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4018

6-C DCMR § 4019 REIMBURSEMENT OF EXPENSES

REIMBURSEMENT OF EXPENSES

An employee shall be reimbursed for approved and eligible travel expenses.

Employees shall seek reimbursement for such expenses using a travel expense reimbursement form issued by OAG.

Completed forms, along with appropriate documentation, shall be submitted to the travel officer within ten (10) business days after returning from travel.

OAG shall provide an employee any authorized reimbursements within thirty (30) calendar days after receiving a properly completed reimbursement claim form.

Reimbursement claim forms shall include:

The approved travel approval form, including written waivers, variances, or other special authorizations;

An itemized list of each expense (including the date, purpose, and amount of the expense) for which the employee requests reimbursement; except, that meal and incidental expenses authorized on a per diem reimbursement basis shall not be itemized;

A receipt for each expense requested to be reimbursed, except for expenses for which receipts are not normally provided;

For expenses related to the use of a personal vehicle, documentation as to the date, origin, destination, addresses, and starting and ending odometer readings for each trip, which shall be provided on a form issued by OAG.

Any additional information OAG may specifically require; and

A certification that the information provided on the form is true and correct to the best of the employee’s knowledge and belief, subject to criminal penalties, including making false statements under the District of Columbia Theft and White Collar Crimes Act of 1982, effective June 11, 2013 (D.C. Law 4-164; D.C. Official Code § 22-2405), and to disciplinary action under the District’s personnel regulations.

Receipts must include sufficient information to evidence each expense and to verify those expenses.

For air, train, rental car, and similar transportation expenses, receipts must show:

The employee’s name;

The name and phone number of the transportation company;

For any flights, train travel, or similar carrier services, the route number, the class of service, the passenger record number, the date and time of the transportation and the starting and ending points of the transportation;

For rental cars, the date, time, and location of the pickup and drop-off of the car, the type of car rented, and the rental confirmation number; and

The total cost of the transportation, listing separately the pre-tax amount and the amount of any tax.

For lodging, receipts must show:

The employee’s name;

The name, address, and phone number of the lodging;

The check-in and check-out dates for the lodging;

The room type and daily rate for the lodging;

A description of any additional benefits included in the daily lodging charge (such as meals, parking, or internet access), if any;

The tax rate and amount, if reimbursement of taxes is requested;

An itemized list of additional charges, such as charges for telephone or internet service, if the reimbursement of these charges is requested; and

The total cost of the lodging expenses.

For meals, receipts must show:

The employee’s name;

The name and address of the restaurant;

The date and time of the meal;

An itemized list of each cost of the meal (that is, listing each beverage and meal item, and their costs, separately);

The number of persons whose meals appear on the receipt, if more than one person is on the same receipt, with the specific costs for which reimbursement are sought clearly identified; provided, an employee shall obtain a separate receipt for his or her meal where feasible; and

The total amount of the bill, listing separately the pre-tax amount, the amount of tax, and the amount of tip.

Whenever a receipt is required by this section, and the required information is not provided on the receipt, the employee shall provide the missing information.

The completed travel expense reimbursement form shall be signed by the employee, with a certification that the information provided in the form is true and correct to the best of the employee’s knowledge and belief.

If an employee presents false information on a reimbursement claim form, the employee shall be subject to prosecution for criminal violations, including fraud under D.C. Official Code § 22-3221, and to disciplinary action under OAG’s personnel regulations.

The employee shall submit the completed travel expense reimbursement form to the travel officer.

The travel officer shall submit reimbursement requests in the District’s Integrated Financial System within 48 hours of receipt.

An employee shall be responsible for excess costs resulting from circuitous routes and delays caused by the employee and for expenses that are unauthorized or unnecessary or unjustified in the performance of official business.

The travel officer must ensure that:

The claim is properly prepared in accordance with the applicable regulations and agency procedures;

The types of expenses claimed are authorized and allowable expenses;

The amounts claimed are accurate; and

The required receipts, statements, justifications, and authorizations (or electronic images of such documents) are included.

Following review, the travel officer shall determine whether reimbursable travel expenses meet the requirements necessary for reimbursement under this chapter.

[RESERVED]

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4019

6-C DCMR § 4020 DISPUTES AS TO REIMBURSABLE EXPENSES

DISPUTES AS TO REIMBURSABLE EXPENSES

OAG may disallow payment of an expense included on a travel expense reimbursement form if:

The employee does not provide proper itemization of an expense;

The employee does not provide a receipt or other documentation required to support the expense;

The expense is not authorized under this chapter; or

Reimbursement is otherwise inconsistent with this chapter, agency policies adopted in accordance with this chapter, or District law.

When a claimed expense is denied, OAG shall provide notice to the employee and reimburse the employee’s claim for any remaining and allowable expenses. For each claimed expense that is denied, the notice shall explain the reason for the denial.

To request reconsideration of a denied expense, an employee shall:

File a new travel expense reimbursement form for the disallowed item(s);

Provide full itemization of the disallowed item(s);

Provide receipts or other documentation for each disallowed item that requires a receipt or other documentation, except that the employee shall not be required to provide a receipt or other documentation if the receipt or other documentation was filed with a prior travel expense reimbursement form (in which case the employee shall indicate on the form that the receipt or other documentation was previously filed with the agency);

Provide a copy of the notice of disallowance; and

State the proper authority for the claim if challenging OAG’s application of a law or regulation.

An employee may appeal a denied reimbursement expense by filing a grievance pursuant to § 1628 of subtitle B of this title. When filing a grievance pursuant to this section:

The Division head shall serve as the first level grievance official consistent with §§ 1629 and 1630 of subtitle B of this title;

If the employee disagrees with the decision of the Division head, the grievance shall proceed to the third level for review by the Chief Operating Officer, or designee, pursuant to § 1632 of subtitle B of this title; and

(c) If a dispute remains following the third level review, the grievance shall proceed to the final review level, pursuant to § 1633 of subtitle B of this title.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4020

6-C DCMR § 4021 RECONCILIATION OF EXPENSES AGAINST AN ADVANCE

RECONCILIATION OF EXPENSES AGAINST AN ADVANCE

If an employee received a travel advance, the employee must file a travel expense reimbursement form even if the employee is not seeking reimbursement above the advance amount, in order to reconcile actual expenditures against the advance.

If the amount advanced is less than the amount of the total actual and authorized expenses for which reimbursement is claimed, the employee shall be reimbursed the net difference.

If the advance exceeds the total actual and authorized expenses for which reimbursement is claimed, the employee must refund the excess by check, made payable to D.C. Treasurer.

If an employee provides a refund to the District using a check, and the check is dishonored by the issuing financial institution, the employee shall be liable to the OAG and/or the District for any resulting fees authorized by Section 1044(b) of the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.03).

Except when there is good cause, an advance shall be revoked and the employee shall be required to reimburse OAG for the full advance, if the employee does not file a claim for reimbursement within ten (10) business days after travel is completed.

If funds are advanced to an employee and the employee does not travel, fails to submit a properly completed travel expense reimbursement form by the required date and thereafter fails to reimburse the agency for the full advance, or fails to reimburse the District for any advance in excess of actual and authorized expenses as required by § 4021.5, OAG shall take steps to collect the debt, including an offset against the employee’s salary, a retirement credit, or other amount owed to the employee or any other legal method of recovery.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4021

6-C DCMR § 4022 CANCELLATION AND CURTAILMENT OF TRAVEL

CANCELLATION AND CURTAILMENT OF TRAVEL

If authorized travel is cancelled:

The employee shall immediately notify the travel officer of this fact and submit a refund of any monies advanced in connection with the authorized travel. Advances that are not refunded within three (3) business days shall be recovered by OAG in the manner described in § 4021.6.

The individual who made the travel reservations shall immediately cancel any reservations for transportation, lodging, training, seminars, meetings, and/or conferences previously made and seek full refunds of any expenses and advances already incurred or, if refunds are not available, take other reasonable steps to minimize the costs incurred.

If authorized travel is cancelled based on an employee’s personal convenience, the employee shall be responsible for any expenses incurred.

If authorized travel is cancelled for official purposes, or for a reason beyond the employee’s control that is acceptable to OAG, the agency shall be responsible for any expenses incurred that are not refundable. If the employee paid for the travel expenses with his or her own funds, the agency may reimburse the employee for those expenses that are not refundable.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4022

6-C DCMR § 4023 AGENCY POLICIES AND PROCEDURES

AGENCY POLICIES AND PROCEDURES

OAG may implement additional, specific travel approval procedures by Office Order to supplement this chapter, as long as the procedures are not inconsistent with these regulations.

OAG supplemental travel rules shall not authorize the payment or reimbursement of any expenses not authorized by this chapter.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4023

6-C DCMR § 4024 PROGRAM MANAGEMENT

PROGRAM MANAGEMENT

OAG’s Human Resources Unit, after coordination with OAG’s Finance Officer, shall be responsible for implementing the rules and requirements of this chapter, including:

Promulgating forms, instructions, and guidance documents and posting such forms, instructions, and guidance documents on OAG’s intranet;

Assisting Divisions in the implementation of the requirements of this chapter (for example, providing training to travel officers);

Auditing OAG-wide compliance with the requirements of this chapter; and

Recommending to the Attorney General additional travel policies and amendments to the requirements of this chapter.

The Attorney General may issue variances to rules under this chapter in accordance with § 104 of Subtitle B of this title, until such time as that section may be replaced or repealed as provided in § 101.2 of this subtitle.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4024

6-C DCMR § 4025 FREQUENT TRAVELER BENEFITS

FREQUENT TRAVELER BENEFITS

An employee may use frequent traveler benefits earned on official travel for the employee’s personal use. However, an employee shall not select a travel provider based on whether it provides frequent traveler benefits.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4025

6-C DCMR § 4026 TRANSPORTATION: AUTHORIZED POINTS OF ORIGINATION AND RETURN

TRANSPORTATION: AUTHORIZED POINTS OF ORIGINATION AND RETURN

The authorized points of origination and return for an employee’s travel shall be the employee’s place of work, unless the authorizing official approves another point of origination or return based on a determination that travel from or to such other point is more advantageous to OAG and the District government.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4026

6-C DCMR § 4027 EMERGENCY TRAVEL

EMERGENCY TRAVEL

Emergency travel is travel that interrupts authorized travel as a result of:

An employee becoming incapacitated by illness or injury not due to the employee’s own misconduct;

The death or serious illness of a member of an employee’s family; or

A catastrophic occurrence or impending disaster, such as fire or flood, which directly implicates the employee’s real property.

Employees shall be reimbursed for expenses associated with emergency travel to the extent approved by the agency and allowable under federal government travel regulations.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4027

6-C DCMR § 4028 TRAVEL EXPENSES FOR EMPLOYEES WITH SPECIAL NEEDS

TRAVEL EXPENSES FOR EMPLOYEES WITH SPECIAL NEEDS

To be reimbursed, additional travel expenses for employees with special needs must be approved by OAG.

Expenses that may be approved by OAG include:

Services of an attendant to accommodate a special need, when necessary to make the trip possible;

Transportation, lodging, and meals and incidental expenses incurred by an attendant;

Other than basic coach-class accommodations to accommodate a special need;

Specialized services provided by a common carrier to accommodate a special need;

Specialized transportation to, from, and at the travel destination;

Costs for handling baggage when those costs are a direct result of a special need;

Renting and/or transporting a wheelchair; and

(h) Any other expense deemed necessary by OAG to accommodate an employee with a special need.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4028

6-C DCMR § 4029 RESPONSIBILITY FOR ARRANGING FOR TRAVEL AND PURCHASING TRANSPORTATION AND LODGING

RESPONSIBILITY FOR ARRANGING FOR TRAVEL AND PURCHASING TRANSPORTATION AND LODGING

An employee shall be responsible for identifying the employee’s own transportation and for identifying reservations for the employee’s own lodging, unless OAG has designated its travel officer or another employee to make such purchases and reservations. OAG shall be responsible for paying for, or reimbursing the costs of, the transportation and lodging.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4029

6-C DCMR § 4030 INTERNATIONAL TRAVEL

INTERNATIONAL TRAVEL

In addition to the other requirements of this chapter, travel to a destination outside the United States shall be subject to approval by the Attorney General or designee.

Employees must first submit a request for international travel, on a form prescribed by the Attorney General, in accordance with policies and procedures the Attorney General may establish by office order, for the Attorney General’s or designee’s review at least forty-five (45) business days before the proposed travel.

No employee may commit OAG or District funds for nonrefundable expenses before receiving the approval of the Attorney General or designee.

A proposed gift or donation of travel or travel expenses from a foreign government must be approved by the Attorney General or designee and shall be made directly to OAG, not to an individual employee. In addition, the policies and procedures set forth in Mayor’s Memorandum 2015-001, dated August 21, 2015, and Mayor’s Memorandum 2017-001, dated May 2, 2017, shall be followed, until such time as the Attorney General may establish policies and procedures by office order.

An employee may consult with the Office of the Secretary in advance of international travel for advice on customs particular to the country to be visited.

If an employee receives a gift from a foreign government or organization during international travel, the employee must submit the gift to OAG’s Ethics and Compliance Counsel within three (3) days after the employee returns from travel, with an attached notation of who presented the gift and the date it was presented. In addition, the policies and procedures set forth in Mayor’s Memorandum 2015-001, dated August 21, 2015, and Mayor’s Memorandum 2017-001, dated May 2, 2017, shall be followed, until such time as the Attorney General may establish policies and procedures by office order.

If OAG is paying for an employee’s international travel, the employee shall adhere to the applicable international per diem rates established by DoS. Reimbursement of expenses shall be issued in accordance with § 4003.

Pursuant to the Fly America Act, 49 USC § 40118, when air travel is financed by federal funds, employees must use a U.S. flag air carrier, except as provided in 41 CFR §§ 301-10.135, 301-10.136, and 301-10.137.

If federal grant funds are to be used to engage in foreign travel (other than to Canada or Mexico), the traveler must receive prior approval from the grantor agency, as set forth in Office of Management and Budget Circular A-87, Attachment B, Section 43.e.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4030

6-C DCMR § 4031 LOCAL TRAVEL

LOCAL TRAVEL

OAG may provide reimbursement for government-related local travel. As used in this section, local travel means government-related travel within fifty (50) miles of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004.

OAG shall purchase one (1) or more Metro SmartTrip cards for use by employees who engage in local travel. Authorizations, disbursement records, and documentation for the cards shall be maintained according to accounting requirements established by the Chief Financial Officer (CFO).

Meals shall not be reimbursed for local travel, including local travel to attend a training, seminar, meeting, or conference, except as provided in § 0(b).

4031.4 (a) Lodging shall not be reimbursed for local travel.

(b) Notwithstanding paragraph (a) of this subsection, the Attorney General or designee may authorize the reimbursement of lodging expenses for local travel based on a disability or other medical condition of the traveling employee. In such a circumstance, the Attorney General or designee may approve the reimbursement of the expenses of meals purchased by the employee at the travel destination if such meal expenses are associated with the extended stay at the destination. (For example, if overnight lodging is authorized for a two (2)-day conference, reimbursement of the costs of dinner on the first day and breakfast on the second day may be authorized.)

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4031

6-C DCMR § 4032 LOCAL TRAVEL: APPROVAL OF LOCAL TRAVEL AND LOCAL TRAVEL EXPENSES

LOCAL TRAVEL: APPROVAL OF LOCAL TRAVEL AND LOCAL TRAVEL EXPENSES

Local travel expenses shall be approved by OAG’s authorizing official or his or her designee.

OAG’s authorizing official may delegate to supervisory personnel in OAG the authority to approve their supervised employees’ local travel if the local travel includes only subway, bus, taxi, or ride-hailing expenses or involves only the use of a government vehicle.

Employee requests and OAG approvals for local travel need not be in writing, if the Attorney General or designee authorizes oral requests and approvals.

An employee shall obtain approval in advance of the local travel and in advance of incurring any local travel expenses unless the authorizing official determines there is good cause for obtaining approval after the local travel.

In order to receive written authorization to engage in local travel and incur local travel expenses, an employee shall prepare and submit to the authorizing official or OAG’s travel officer a local travel authorization form specified for the means of local travel requested.

The employee shall request authorization for local travel at least five (5) calendar days before any local travel expenses are expected to be incurred; except, if the employee only becomes aware of the need to incur local travel expenses within five (5) calendar days before any local travel expenses are expected to be incurred, the employee shall submit the form as promptly as possible after the employee becomes aware of the need to incur local travel expenses.

An authorizing official or his or her designee (or supervisory personnel with delegated authority under § 4032.2) may authorize local travel only if the authorizing official determines that the travel and associated expenses are consistent with the principles set forth in § 4000.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4032

6-C DCMR § 4033 LOCAL TRAVEL: TRANSPORTATION

LOCAL TRAVEL: TRANSPORTATION

OAG may pay for or reimburse the transportation expenses of local travel.

In authorizing local travel transportation expenses, OAG shall require that the employee travel by bus or subway, unless:

The travel origination or destination point is not reasonably accessible by bus or subway, in which case travel by automobile may be authorized;

Travel time by bus or subway is significantly greater than transportation by automobile and the agency determines that transportation by automobile is advantageous to the District government;

Travel by government vehicle is available and the expected cost of parking is equal to or less than the expected cost of travel by bus or subway; or

The employee wishes to travel by personal vehicle, no government vehicle is available, and the use of a personal vehicle is allowable under the District’s policy regarding the use of personal vehicles, including Office Order.

If transportation by automobile is authorized under § 4033.2(a) or (b):

OAG should authorize transportation by a government vehicle, unless a government vehicle is not available, in which case the agency may authorize transportation by taxi or ride-hailing service; provided, OAG may authorize transportation by a personal vehicle when a government vehicle is not available and the use of a personal vehicle is allowable under the District’s policy regarding the use of personal vehicles; provided, the expenses reimbursed for the use of a personal vehicle (including parking) in such a circumstance shall not be greater than the expense that would have been reimbursable if the employee had traveled by taxi; and

The employee must take reasonable steps to minimize the costs of parking. Government vehicles parked in metered spaces are not required to pay meter fees. Parking expenses associated with the use of personal vehicles are generally minimized by the use of on-street parking. Therefore, an employee generally must take reasonable steps to determine that on-street parking is not available before parking in a commercial parking facility. Moreover, in selecting a commercial parking facility, an employee must use reasonable efforts to minimize the costs of such parking.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4033

6-C DCMR § 4034 LOCAL TRAVEL: REIMBURSEMENT OF LOCAL TRAVEL EXPENSES

LOCAL TRAVEL: REIMBURSEMENT OF LOCAL TRAVEL EXPENSES

In order to be reimbursed for local travel expenses, an employee shall submit a completed local travel expense reimbursement form to OAG’s travel officer no later than ten (10) business days after the travel expenses were incurred.

4034.2 (a) A request for reimbursement of a taxi, ride-hailing service, or parking expense shall be accompanied by a receipt.

A receipt for a taxi or ride-hailing service shall include:

The date and time of travel;

The starting and ending points of travel;

The dollar amount of the fare and tip, listed separately;

The name of the taxi company; and

A description or designation of the purpose of the travel.

A receipt for parking shall include:

The date of travel;

The starting and ending times of parking;

The dollar amount of parking expenses incurred;

The name of the parking facility, if applicable;

The address of the parking facility; and

A description or designation of the purpose of the travel.

4034.3 (a) A request for reimbursement of personal vehicle mileage shall be accompanied by a document that lists the travel origination and destination point for each leg of travel and the mileage of each leg of travel. To support the calculation of the mileage, either the document shall be accompanied by a printout from an online mapping service showing the mileage for each leg of travel or the starting and ending odometer readings for each leg of travel shall be printed on the document.

Reimbursement for use of a personal vehicle shall pay for mileage at the mileage rate set by the Federal government for its employees (see www.gsa.gov for current rates).

Reimbursement for use of a personal vehicle shall include parking expenses that are consistent with § 4033.3(b).

Authorized bus, subway, and taxi expenses shall be reimbursed at the actual rate of fare or fee.

Tips for taxi or ride-hailing services shall also be reimbursed; provided, however, that tips in excess of twenty percent (20%) shall not be reimbursed.

Authorized parking expenses shall be reimbursed at the actual amount of expenses; provided, if transportation by automobile is authorized under § 4033.2(c) or (d), reimbursement for parking expenses shall be limited to the actual parking expenses or the cost of travel by bus or subway (had the local travel occurred by bus or subway), whichever is less.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4034

6-C DCMR § 4035 LOCAL TRAVEL: GOVERNMENT-OWNED VEHICLE EXPENSES

LOCAL TRAVEL: GOVERNMENT-OWNED VEHICLE EXPENSES

Authorized users of District government vehicles shall obtain necessary gas, oil, maintenance, and repairs from a District government facility and will only be reimbursed for out-of-pocket expenses (gas, oil, repairs, and other vehicle expenses) when it is impractical to obtain such service at the District’s facilities.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4035

6-C DCMR § 4099 DEFINITIONS

4099.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Agency – the Office of the Attorney General for the District of Columbia,

Incidental expenses – fees and tips given to porters, baggage carriers, bellhops, hotel maids and others. Incidental expenses do not include the cost of alcoholic beverages, tobacco, movie rentals, entertainment, or other expenses of a personal nature that are not related to the official business of the OAG and/or District.

Local travel – travel to a location that is less than fifty (50) miles from the John A. Wilson Building.

Lodging – a hotel, motel, inn, guest house, or other establishment that provides lodging to transient guests for overnight sleeping facilities.

Meal expenses – expenses for breakfast, lunch, dinner, and related tips and taxes. Alcoholic beverages and all entertainment expenses are specifically excluded from meal expenses.

Mileage rate – the reimbursable rate for the authorized use of an employee’s personal vehicle for travel for official government business as determined by the General Services Administration (see www.gsa.gov for current rates).

OAG – the Office of the Attorney General for the District of Columbia

OAG headquarters – the Office of the Attorney General for the District of Columbia headquarters, located at 400 6th Street, N.W., or any successor location.

Per diem allowance – a set daily payment provided to an employee, instead of actual expenses, for reimbursement for meals and related incidental expenses. A per diem allowance is separate from lodging expenses, transportation expenses, and miscellaneous expenses.

History

• SOURCE: Final Rulemaking published at 73 DCR 010818 (July 31, 2026). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4099

6-C41 VOLUNTARY LEAVE TRANSFER PROGRAM

6-C DCMR § 4100 PURPOSE

4100.1 OAG has established a Voluntary Leave Transfer Program for OAG employees pursuant to section 1231 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective February 6, 2004 (D.C. Law 15-68; D.C. Official Code § 1-612.31 et seq.). OAG recognizes that employees may need to care for themselves or family members with serious health conditions, or are affected by a major disaster resulting in a need for additional time off in excess of their available leave. To address this need, eligible employees can donate annual leave from their unused balance to their co-workers who are in need of sick or annual leave to care for themselves or provide personal care to family members with a serious health condition as outlined below.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4100

6-C DCMR § 4101 ELIGIBILITY

4101.1 Employees must be in a pay status with OAG for a minimum of one year to be eligible to donate annual leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4101

6-C DCMR § 4102 GUIDELINES

4102.1 Employees who would like to make a request to receive donated annual leave from their co-workers must: 1) have a need to either care for themselves or 2) provide personal care to a family member with a serious health condition and 3) will require the employee’s prolonged/extended absence from duty and 4) will result in a substantial loss of income to the employee due to the exhaustion of all their available paid leave.

4102.2 Employees who have suffered a major disaster can also make a request to receive donated annual leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4102

6-C DCMR § 4103 DONATION OF ANNUAL LEAVE

4103.1 The donation of annual leave is strictly voluntary.

4103.2 An employee may donate annual leave to be used by eligible coworkers.

4103.3 The donor’s identity will not be disclosed to donating employees.

4103.4 The donation of annual leave is on an hourly basis, without regard to the dollar value of the donated or used leave.

4103.5 The minimum number of annual leave hours that an eligible employee may donate is four (4) hours.

4103.6 The maximum number of annual leave hours an eligible employee may donate in one leave year is forty (40) hours or no more than fifty (50) percent of the employee's current balance.

4103.7 A recipient employee is eligible to receive a maximum of three hundred twenty (320) hours of transferred annual or universal leave during any 12-month period.

4103.8 Employees cannot borrow against future annual leave to donate.

4103.9 Employees may donate annual leave at any time during the leave year except the last two pay periods before the end of the leave year.

4103.10 Employees who are currently on an approved leave of absence cannot donate annual leave.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4103

6-C DCMR § 4104 REQUESTING DONATED ANNUAL LEAVE

4104.1 Employees who would like to request donated annual leave must complete a Donation of Annual Leave Request Form and submit it to OAG’s HR Unit before the last three pay periods of the leave year.

4104.2 Requests for donations of sick or annual leave must be approved by OAG’s HR Manager, Chief of Staff or other designee.

4104.3 If the recipient employee has available sick or annual leave time in his or her balance, the employee’s personal time will be used prior to any donated annual leave. Donated annual leave may only be used for time off related to the approved request.

4104.4 Employees must coordinate use of donated annual leave time with their District of Columbia or Family and Medical Leave Act leave eligibility during their designation periods.

4104.5 Employees who have already used their four hundred eighty (480) hours of federal FMLA Leave in a 12-month period or 16 weeks of DC FMLA leave within a twenty four (24) month period are not eligible for the Voluntary Leave Program.

4104.6 In accordance with section 1233 (b) of the CMPA (D.C. Official Code § 1-612.33 (b)), if the eligible employee is not capable of making an application on his or her own behalf, another employee may make written application for the employee.

4104.7 All information contained in and accompanying the application shall be kept confidential.

4104.8 All applications to become a leave recipient must include the following documents, as applicable:

(a) An affidavit attesting that the individual requiring personal care is an immediate relative, or that the need to provide personal care is due to the recent adoption of a child or to care for a newborn child; or

(b) A certificate from a physician or other licensed health care professional that the eligible employee has experienced a serious health condition or that an immediate relative requires personal care, except that such a certification will not be required in cases of pregnancy, the recent adoption of a child, or care of a newborn child.

4104.9 Applications to become a leave recipient will be acted upon in the order in which they are received.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4104

6-C DCMR § 4105 APPLICATION TO DONATE ANNUAL OR UNIVERSAL LEAVE UNDER THE PROGRAM

4105.1 An OAG employee may donate annual leave to the Program by completing the Application to Donate Annual/Universal Leave” and submitting the application to OAG HR Leave Coordinator. The application must specify the number of hours of annual to be transferred.

4105.2 A leave contributor cannot contribute more than one-half (½) of the amount of annual or universal leave that the he or she would have been entitled to accrue during the leave year; provided that a leave contributor may contribute restored leave without limitation.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4105

6-C DCMR § 4106 PROCESS FOR THE APPROVAL OF APPLICATIONS SUBMITTED UNDER THE PROGRAM

4106.1 After an eligible OAG employee completes the Leave Transfer Application Form, including attaching the required documentation, the employee’s timekeeper must verify that the employment information is correct and that all leave has been exhausted.

4106.2 Applications to become a leave recipient will be reviewed to determine if the request to become a leave recipient is necessitated by a prolonged absence due to the employee’s serious health condition or the employee’s responsibility to provide personal care to an immediate relative.

4106.3 As part of the approval process, the employee’s leave records will be reviewed to determine the probability that the eligible employee may separate from service during the period that the transferred leave would be taken; and any exigency or disruption in service that the agency may experience.

4106.4 Once the leave transfer is deemed approved the OAG’s HR Leave Coordinator will:

(a) Prepare and forward to the Office of Pay and Retirement Services (OPRS), Office of the Chief Financial Officer, a Leave Used Prior Pay Periods Form (leave adjustment form) to reduce the leave contributor’s annual leave balance in the PeopleSoft automated leave system by the number of hours of leave contributed, with the following notation in the “Remarks” section of the form:

“Contribution of (annual) leave to the DCHR Voluntary Leave Transfer Program.”

(b) Make the following notation under the “Voluntary Leave Received” (VLR) section in PeopleSoft for the pay period in which the annual leave contribution is effective:

“Employee’s (annual) leave balance reduced by contribution of (# of hours) hours to the OAG Voluntary Leave Transfer Program.”

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4106

6-C DCMR § 4107 VOLUNTARY LEAVE TRANSFER PROGRAM REPORT

4107.1 OAG shall comply with all reporting requirements for the Voluntary Leave Transfer Program.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4107

6-C DCMR § 4108 UNUSED TRANSFERRED LEAVE

4108.1 In accordance with section 1232 (c) of the CMPA (D.C. Official Code § 1-612.32 (c)), unused transferred leave will be forfeited (lost) once the employee returns to work.

4108.2 In accordance with section 1232 (c) of the CMPA (D.C. Official Code § 1-612.36 (e), unused transferred leave shall not be subject to any form of lump-sum leave payment upon the recipient’s separation from District government service.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4108

6-C DCMR § 4109 PROHIBITION OF COERCION

4109.1 An OAG employee shall not directly or indirectly intimidate, threaten, or coerce any other OAG employee for the purpose of interfering with any right that the employee may exercise to contribute, receive, or use annual or universal leave under the Program.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4109

6-C DCMR § 4199 DEFINITIONS

4199.1 For the purposes of this chapter, the following terms have the meaning ascribed:

Committed relationship – a familial relationship between 2 individuals characterized by mutual caring and the sharing of a mutual residence.

Domestic partner – a committed relationship between 2 persons who become domestic partners by registering the domestic partnership by executing a declaration of domestic partnership to be filed with the Mayor. [See D.C. Official Code § 32-702]

Eligible Employee – a DCHR employee who receives compensation for the performance of his or her duties, is eligible to accrue annual or universal leave, and has been employed with the District government for at least 1 year without a break in service.

Immediate relative – an individual who is related by blood or marriage to a DCHR recipient employee as father, mother, child, husband, or wife; an individual for whom the DCHR recipient employee is the legal guardian; or a domestic partner of a DCHR employee.

Leave contributor – a DCHR employee who contributes annual or universal leave from his or her leave account to be transferred to a designated DCHR recipient employee.

Major disaster – an employee is considered to be adversely affected by a major disaster if the disaster has caused severe hardship to the employee or to a family member of the employee that requires the employee’s absence from work.

Personal care – custodial or primary assistance that helps an immediate relative of a DCHR recipient employee with activities of daily living, including bathing, eating, dressing, and continence. This definition includes personal care related to the recent adoption of a child and care of a newborn child by the DCHR recipient employee.

Recipient employee – a DCHR employee who has been employed with the District government for a minimum of 1 year without a break in service who is designated to receive annual or universal leave transferred from a DCHR leave contributor.

Prolonged absence – an eligible DCHR employee’s absence from duty for at least 10 consecutive workdays that will result in a substantial loss of income to the eligible employee because of the unavailability of paid leave.

Serious health condition – pregnancy or a physical or mental illness, injury, or impairment that involves a hospital, hospice, or residential health care facility or continuing treatment at home by a competent health care provider or other individual.

History

• SOURCE: Final Rulemaking published at 69 DCR 004271 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 4199