Section 6-B3606. EVALUATION OF PERFORMANCE - SUPERVISORS

 

3606.1Each 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.

 

3606.2The Chief Deputy shall evaluate any Special or Senior Counsel that reports to him or her in accordance with this section. 

 

3606.3The 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.

 

3604.4 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.

 

3606.5If 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. 

 

3606.6In 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.

 

3606.7The 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.

 

3606.8The 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.

 

3606.9The supervisor who prepared the evaluation shall revise the evaluation as necessary in accordance with the Attorney General's or Director’s decision.

 

3606.10The decision of the Attorney General or Director shall be final, and shall not be subject to further appeal.

 

3606.11Each 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.

 

3606.12Any supervisor who fails to meet any deadline as described in this section may be subject to disciplinary action in accordance with Section 3614.

 

 

authority

Section 861 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code § 1-608.61 (2012 Repl.)), as amended by the Elected Attorney General Implementation and Legal Service Establishment Technical Emergency Amendment Act of 2014 (“Implementation Act”), enacted July 14, 2014 (D.C. Act 20-377; 61 DCR 7598 (August 1, 2014)).

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).