Section 6-B306. PROOFS, CERTIFICATION, AND DOCUMENTATION OF DISTRICT RESIDENCY

 

306.1The provisions of this section apply to any person required to submit proof of bona fide District residency or, in the case of persons appointed to the Excepted and Executive Services on or after October 1, 2002, proof of District of Columbia domicile.

 

306.2Documentation, certification, and affidavits required shall be in a form prescribed by the personnel authority.

 

306.3No single document is conclusive in order to determine bona fide residency; however, the following may be considered:

 

(a)Voter registration, if any;

 

(b)Motor vehicle registration, if any;

 

(c)Motor vehicle driver permit, if any;

 

(d)Withholding and payment of individual income taxes including:

 

(1)Copies of District of Columbia tax returns certified by the D.C. Office of Tax and Revenue; and

 

(2)Copies of certified federal tax returns filed with the U.S. Internal Revenue Service;

 

(e)Certified deed or lease or rental agreement for real property;

 

(f)Cancelled checks or receipts for mortgage or rental payments;

 

(g)Utility bills and payment receipts;

 

(h)A copy of a bank account statement in the District of Columbia in the name of the employee;

 

(i)Copies of credit card or brokerage account statements mailed to the employee’s principal place of residence in the District of Columbia; and

 

 (j)Copies of automobile insurance statements for the employee based upon the employee’s principal place of residence in the District of Columbia.

 

306.4When a person is required to submit documents to support a claim of bona fide District residency, no less than eight (8) of the documents set forth in Subsection 306.3 shall be submitted to the personnel authority.

 

306.5For each Excepted or Executive Service appointee subject to the domicile requirement pursuant to Section 305 of this chapter, proof of District domicile or of the intent of the appointee to change his or her domicile to the District of Columbia and acquire a principal place of residence in the District of Columbia shall include the following documents in addition to a minimum of four (4) of the documents set forth in Subsection 306.3:

 

(a)A copy of a change of address form filed with the United States Postal Service containing the address of the employee’s principal place of residence in the District of Columbia;

 

(b)A copy of an executed contract of sale for the real property that was the employee’s principal place of residence at the time of accepting the employment, if the employee owns a principal place of residence outside of the District of Columbia; or a copy of a change in the public records of the state where the employee was domiciled to show that the residence outside of the District of Columbia is no longer the employee’s principal place of residence;

 

 (c)Copies of utility bills, including electric, gas, telephone, cable, water or other residency bills associated with occupying real property in the District of Columbia, where the billing and mailing address are the same as the principal place of residence;

 

(d)A copy of a bank account statement in the District of Columbia in the name of the employee;

 

(e)A copy of District of Columbia and federal income tax returns that use the District of Columbia address which is the employee’s principal place of residence;

 

 (f)Copies of professional dues statements mailed to the employee’s principal place of residence in the District of Columbia;

 (g)A sworn affidavit from the employee that the administration of the employee’s estate is subject to District of Columbia probate and estate taxes;

 

 (h)Copies of credit card or brokerage account statements mailed to the employee’s principal place of residence in the District of Columbia;

 

 (i)Copies of automobile, health, and life insurance contracts for the employee based upon the employee’s principal place of residence in the District of Columbia;

 (j)Copies of mortgage statements for the employee’s principal place of residence in the District of Columbia, or an executed lease for the employee’s principal place of residence in the District of Columbia; and

 

 (k)A sworn affidavit from the employee that the employee’s income, from any source, is subject to District of Columbia withholding tax and taxation.

 

306.6An Excepted or Executive Service employee subject to the domicile requirement shall fulfill the requirements of Subsection 306.5 by filing a sworn affidavit with the personnel authority that affirms that the employee has undertaken affirmative acts to comply with each requirement, and when the requirement is not applicable, the reasons why the requirement does not apply.

 

306.7A person who claims a residency preference as provided in Subsections 301.1 or 301.2 and who is selected for the position shall, on or before the effective date of appointment or promotion, sign a statement that certifies the following:

 

(a)That the person has received written notification of the residency preference requirement;

 

(b)That the person has read the notice, has been given an opportunity to ask questions about the residency preference requirement, and understands the residency preference requirement;

 

(c)That the person understands that failure to maintain bona fide residency in the District of Columbia for a period of seven (7) consecutive years from the effective date of appointment will result in forfeiture of the position; and

 

(d)That the place of residence stated in the certification is the person's actual, regular, and principal place of residence.

 

306.8A person who is appointed to a position in the Excepted or Executive Services on or after October 1, 2002 and who claims that he or she is a District domiciliary shall sign a statement on or before the effective date of appointment to the position, whether it is an initial appointment or other appointment, which certifies the following:

 

(a)That the person has received written notification of the domicile requirement;

 

(b)That the person has read the notice, has been given an opportunity to ask questions about the domicile requirement, and understands the domicile requirement;

 

(c)That the person understands that failure to remain a District domiciliary for the duration of employment shall result in forfeiture of the position; and

 

(d)That the place of residence stated in the certification is the person’s domicile.

 

306.9Unless exempted pursuant to Subsections 305.7 and 305.8, each Excepted or Executive Service appointee or employee who is not a domiciliary of the District of Columbia on the date of appointment to a position, whether it is an initial appointment or other appointment, shall sign a statement when appointed, which certifies the following:

 

(a)That the person has received written notification of the domicile requirement;

 

(b)That the person has read the notice, has been given an opportunity to ask questions about the domicile requirement, and understands the domicile requirement;

 

(c)That the person intends to become a domiciliary of the District of Columbia within one-hundred eighty (180) days of the date of appointment;

 

(d)That the person understands that failure to become a domiciliary of the District of Columbia within one-hundred eighty (180) days from the date of appointment shall result in forfeiture of the position; and

 

(e)That the person understands that failure to remain a District domiciliary for the duration of employment shall result in forfeiture of the position.

 

306.10Each Excepted or Executive Service appointee subject to the requirements of Subsection 305.1 who is not a domiciliary of the District of Columbia on the date of appointment shall provide to the personnel authority, within one-hundred eighty (180) days of the date of appointment, sufficient documentation, as provided in Subsections 306.3, 306.5 and 306.6, which demonstrates that he or she has become a domiciliary of the District of Columbia.

 

306.11Each agency head or independent personnel authority shall designate an agency representative to fulfill the requirements specified in Subsections 306.12, 306.13, 307, and 309.

 

306.12Between November 1 and November 30 of each year after the first year of employment, up to the end of the required period of bona fide District residency or District domicile, each employee required to be a bona fide resident or District domiciliary shall submit to the agency representative an affidavit which certifies at least the following:

 

(a)That he or she is currently, and has been continuously for the preceding twelve (12) month period, in compliance with the provisions of the residency or domicile requirements, as applicable;

 

(b)The home address(es) for the preceding twelve (12) month period;

 

(c)The address used on the individual income tax return filed with the District of Columbia during the preceding twelve (12) month period; and

 

(d)The address used on the individual income tax return filed with the United States Internal Revenue Service during the preceding twelve (12) month period.

 

306.13The agency representative, at a time he or she shall determine, but within one (1) year following the date on which the employee became subject to the residency or domicile requirements, shall request, and the employee shall provide, sufficient documentation to demonstrate that the employee is in compliance.

 

 

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 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).