Section 6-B301. RESIDENCY PREFERENCE FOR EMPLOYMENT IN THE CAREER, EDUCATIONAL, LEGAL, AND MANAGEMENT SUPERVISORY SERVICES

 

301.1A person who applies for competitive employment in the Career Service, Educational Service, Legal Service other than the Senior Executive Attorney Service, or Management Supervisory Service and who is a bona fide resident of the District of Columbia shall be awarded a residency preference of ten (10) points at the rating and ranking stage, unless the person declines the preference points.

 

301.2An employee who applies for a competitive promotion in the services listed in Subsection 301.1 who is a bona fide resident of the District of Columbia shall be awarded a residency preference of ten (10) points at the rating and ranking stage, unless the employee declines the preference points.

 

301.3 When a person is selected for a position and awarded the residency preference points pursuant to this section, the person shall submit proof of bona fide residency.

 

301.4Except as provided in Subsection 301.13, an applicant or employee awarded the ten (10) point residency preference and selected for a position in the services listed in Subsection 301.1, shall agree in writing at the time of appointment to maintain bona fide District residency for a period of seven (7) consecutive years from the effective date of appointment.

 

301. 5The requirement to maintain bona fide District residency as provided in Subsection 301.4 shall be applicable to any applicant or employee who claims a residency preference and is selected for the position on or after February 6, 2008. 

 

301.6Failure to maintain bona fide District residency as provided in Subsections 301.4 or 301.5 shall result in forfeiture of employment.

 

301.7For all competitive employment appointments, the personnel authority shall rank applicants on a one hundred (100) point scale. Applicants entitled to a residency preference shall have their total score increased by an additional ten (10) points at the rating and ranking stage. For example, a residency preference applicant who is scored a one hundred (100) on the one hundred (100) point scale will have a total score of one hundred and ten (110) points.

 

301.8To fill a position in any of the services listed in Subsection 301.1 when two (2) or more applicants have the same numerical rating, the applicant awarded the ten (10) point preference shall be listed and selected ahead of the non-preference candidate.

 

301.9Each applicant for a position in any of the services listed in Subsection 301.1 shall be informed in writing by the personnel authority of the provisions of Subsections 301.1 through 301.8.

 

301.10Each person who is awarded a ten (10) point residency preference and who is competitively selected for a position in any of the services listed in Subsection 301.1 shall be informed, in writing, by the personnel authority, no later than the effective date of the appointment, of the requirement to maintain bona fide District residency for a period of seven (7) consecutive years from the effective date of appointment and that failure to do so shall result in forfeiture of employment.

 

301.11In order to be a bona fide resident of the District of Columbia, a person must maintain a place of abode in the District of Columbia as his or her actual, regular, and principal place of residence and must have the intent to remain in the District for a minimum of seven (7) consecutive years from the date of appointment.

 

301.12Any person who meets either of the following criteria shall be granted a residency preference at the rating and ranking stage for a competitive promotion in any of the services listed in Subsection 301.1:

 

(a)Any person who was employed by 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 Section 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (Pub. L. No. 98-621; 98 Stat. 3376; 24 U.S.C. § 225e (b)) (Pub. L. No. 98-621), 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.

 

301.13Each applicant for appointment or promotion shall be required to indicate at the time of application his or her claim to residency preference in a manner prescribed by the Mayor.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008; in accordance with the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code § 1-515.01 (2012 Repl.)); and in accordance with the provisions of Sections 801(e), 859, 957, and 1059 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 (e), 1-608.59, 1-609.57, and 1-610.59 (2014 Repl.)).

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).