Section 5-E1405. ANSWER TO ADVERSE ACTION

 

1405.1An employee shall be entitled to answer the notice of adverse action in writing, through the filing of an appeal pursuant to § 1402.4 or § 1406, or both.

 

1405.2The following time limits shall apply to the submission of a written answer by the employee or the employee’s representative:

 

(a)For dismissal, demotion for cause, or suspension for more than thirty (30) days, the written answer shall be submitted within fourteen (14) days of the receipt of the notice of adverse action by the employee; and

 

(b)For suspension of thirty (30) days or less, the written answer shall be submitted within the time stated in the notice, but in no case in less than twenty-four (24) hours from the receipt of the notice of adverse action by the employee.

 

1405.3A written answer submitted pursuant to this section shall be submitted to the official effecting the adverse action.

 

1405.4The official effecting the adverse action may extend the time to file the written answer upon the written request of the employee or the employee’s representative.

 

1405.5The employee’s written answer, if any, shall be made a part of the adverse action file.

 

1405.6In addition to any appeal rights provided by this chapter, an employee who has received a notice of adverse action may respond, either orally or in writing, to the notice. The written or oral response shall occur within fourteen (14) days of receipt of the notice of adverse action by the employee. A written response shall thereafter be made a part of the employee’s personnel file.

 

1405.7An oral response, pursuant to § 1404.5, shall consist of a non-recorded informal meeting where the affected employee meetings with the official initiating the adverse action is permitted to present his or her response to the notice of proposed termination.

 

1405.8When the employee makes an oral response, pursuant to § 1404.6, the official initiating the proposed termination shall do the following:

 

(a)Summarize the affected employee’s position;

 

(b)Send a copy of the summarization to the employee; and

 

(c)File a copy of the summarization in the employee’s personnel file.

 

source

Final Rulemaking published at 24 DCR 6446, 6481 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125, 2127 (March 30, 1990); and by Final Rulemaking published at 38 DCR 1132 (February 15, 1991).