Section 6-B1616. SUMMARY ACTIONS

1616.1An employee may be summarily suspended or removed from his or her position, notwithstanding §§ 1613 and 1614.

1616.2An 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.

1616.3Any 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.

1616.4When 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

1616.5When 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.

1616.6Except 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.

authority

Mayor’s Order 2008-92, dated June 26, 2008, and Sections 404 and 1651 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 §§ 1-604.04, and 1-616.51 et seq. (2014 Repl.)).

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).