Section 6-B907. EMPLOYEE RIGHTS

 

907.1Appointment to the Excepted Service does not create a permanent career status.

 

907.2Except as otherwise provide in this section, a person appointed to the Excepted Service shall serve at the pleasure of the appointing personnel authority; may be terminated at any time, with or without a stated reason; and does not have any right to appeal the termination.

 

907.3A person serving in an Excepted Service statutory position who is appointed in accordance with a statute that provides for a term of years and is subject to removal for cause may be removed only as provided for in the applicable statute. 

 

907.4 If the statute that provides for a term of years does not specify the removal procedure of the incumbent, the appointing authority shall satisfy the incumbent’s minimal due process rights by affording the incumbent an opportunity to present objections to the proposed action to a fair, neutral decision-maker.   

 

907.5Except as provided in § 907.3, when contemplating termination, the appointing personnel authority shall give the incumbent at least fifteen (15) days advance written notice of the proposed action. Though not required, the notice may explain the reason for the termination.

 

907.6The fifteen (15) day (15-day) notice is not required for termination on the date previously anticipated for termination, such as in the case of an employee serving under an Excepted Service appointment with a not-to-exceed (NTE) date or other date of anticipated termination included on the appointing personnel action.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, with the concurrence of the City Administrator, and in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-609.01, 1-609.02(c), and 1-609.03(a) et seq. (2014 Repl.)).

source

Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 36 DCR 7931 (November 17, 1989); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015).