Section 6-B1126. DISTRICT SERVICE SALARY SYSTEM-GENERAL PROVISIONS

 

1126.1This section applies to all employees in the Career, Legal, Excepted, and Management Supervisory Services, as applicable, paid under any of the District Service salary schedules listed in Subsection 1125.2 of this chapter.

 

1126.2The District Service salary schedules listed in Subsection 1125.2 of this chapter are the basic pay schedules applicable to employees who are paid under the District Service Salary System.

 

1126.3As applicable, the District Service salary schedules shall be comprised of:

 

(a)Grades and steps consisting of annual salaries within each grade; or

 

(b)Pay or Grade levels with a minimum, midpoint, and maximum annual salary range within each pay level.

 

1126.4When payment is made on an hourly, daily, weekly, or biweekly rate, the rate shall be computed from the appropriate annual rate of basic pay of a District Service salary schedule and in accordance with the rules prescribed in Section 1131 of this chapter.

 

1126.5Except as provided in Subsections 1126.6 through 1126.11, 1126.21, 1126.22, 1126.29, and 1126.30 of this chapter, a new appointment shall be made at the minimum rate of the grade or pay level.

 

1126.6At the discretion of the agency head, an initial or first (1st) appointment with the District government to a Career Service position under a CS salary schedule with steps may be made at any step up to the representative rate of the appropriate grade on a CS salary schedule, as applicable.

 

1126.7The pay-setting rules listed in the chart below shall apply to all initial or first (1st) appointments with the District government, promotions, change to lower grade actions, and reassignments to positions in the Excepted Service or Management Supervisory Service (MSS) paid from the ES Schedule or MS Schedule:

 

 

 

 

 

 

 

 

 

 

TYPE OF APPOINTMENT	PAY-SETTING RULE
Initial or First (1st) Appointment with the District government	(a) The employing agency may set the initial rate of pay at any amount up to the midpoint range of the grade or pay level for the position. The following factors should be considered when setting the pay at an amount up to the midpoint range:   (1) Selectee’s current salary;   (2) Skills set the selectee brings to the job in addition to the minimum qualifications for the position;   (3) Effect on agency and budget limitations;   (4) Market value of the position; and   (5) Internal compensation relationships.   (b) For extraordinary cases, the employing agency shall request approval from the personnel authority to set the initial rate of pay at an amount above the midpoint range of the grade or pay level for the position.  The personnel authority shall establish the criteria for the request, which shall be made in writing by the employing agency.
Promotion (including Temporary Promotion)	The rate of pay of an employee promoted within or to an open range salary schedule shall be set by adding 10% to the employee’s current rate of basic pay. Any deviation is subject to approval by the personnel authority.
Change to Lower Grade (Demotion)   [Non-Disciplinary/Performance Reasons]	There shall be no change to the rate of pay of an employee upon a change to lower grade for non-disciplinary reasons; provided that the employee’s current salary is within the range of pay for the new (lower) grade or pay level.  If the employee’s current rate of pay is over or at the maximum rate for the new (lower) grade or pay level, the rate of pay shall be set at the maximum rate for the new (lower) grade or pay level.

 

TYPE OF APPOINTMENT	PAY-SETTING RULE
Change to Lower Grade (Demotion)   [Disciplinary/Performance Reasons]	The rate of pay of an employee who is changed to a position at a lower grade due to discipline or performance reasons shall be set at an amount ten percent (10%) lower than the employee’s rate of pay at the higher-graded position; provided that the rate of pay shall not be set at an amount lower than the minimum nor higher than the maximum rate for the lower-graded position.
Reassignment	There shall be no change to the rate of pay of an employee upon reassignment action.

 

1126.8The provisions of section 1126.7 of this section shall apply to all initial or first (1st) appointments with the District government, promotions, change to lower grade actions, and reassignments to non-union Career Service to non-union white collar positions at grade levels 15/16 and 16/17.

 

1126.9An appointment to a Career Service position under a CS salary schedule with steps, whether the initial or first (1st) appointment with the District government or a reemployment appointment, may be made at a rate above the representative rate of the appropriate grade on the CS salary schedule on the basis of superior qualifications, as provided in Subsections 1126.10 through 1126.12 of this section.

 

1126.10Upon the approval of the personnel authority, initial appointments with the District government to Career Service positions at grade level 7 and above on a CS salary schedule may be made on the basis of superior qualifications of the candidate.

 

1126.11A superior qualifications appointment shall be based on all of the following criteria:

 

(a)The special needs of the agency for the candidate’s services;

 

(b)The candidate’s unusually high or unique qualifications for the position; and

 

(c)The candidate’s rate of basic pay.

 

1126.12When a superior qualifications appointment is made by reemployment, the candidate must have a break in service of at least ninety (90) calendar days since his or her last period of District government service.

 

1126.13At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service (MSS) with Career Service status who moves to the Career Service without a break in service of more than three (3) months to a position under a CS salary schedule with steps, may be set at any rate of the appropriate grade on the CS salary schedule that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule, except that the rate of basic pay on the CS salary schedule shall not be set below the rate of basic pay that the employee would have attained in the Career Service had the MSS appointment never been effected.

 

1126.14At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service without Career Service status who moves to the Career Service without a break in service to a position under a CS salary schedule with steps, may be set at the minimum rate of the appropriate grade on the CS salary schedule or at any rate above the minimum rate that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule.

 

1126.15When an employee moves without a break in service from an Excepted Service position under the ES Schedule to a lower or equivalent grade in a Career Service position under a CS salary schedule with steps, the rate of basic pay on the CS salary schedule shall be set at any step of the grade that does not exceed the employee’s highest previous rate.  If the employee’s rate of basic pay exceeds the rate of pay for the grade on the CS schedule, the rate of basic pay shall be set at the highest step of the grade.

 

1126.16In accordance with the provisions of Subsection 1126.17 of this section, an agency may make a special adjustment in the rate of basic pay of a supervisor in a Career Service position paid under a salary schedule with steps when both of the following are true:

 

(a)The supervisor regularly has responsibility for supervision (which must include supervision over the technical aspects of the work concerned) over one (1) or more employees subject to the Wage Service Rate System; and

 

(b)The rate of basic pay for the supervisor is less than the highest rate of basic pay for any Wage Service employee he or she supervises.

 

1126.17When an agency decides to adjust the rate of basic pay for a supervisor as provided in Subsection 1126.16 of this section, the rate of basic pay shall be adjusted to the nearest step, but not above the maximum step, of his or her grade that exceeds the highest rate of basic pay for any Wage Service employee for whom the supervisor regularly has responsibility for supervision.

 

1126.18The adjustment of a supervisor’s rate of basic pay in accordance with Subsections 1126.16 and 1126.17 of this section shall become effective on the first (1st) day of the first (1st) biweekly pay period following the date on which the agency determines to make the adjustment.

 

1126.19Neither a retained rate nor any form of premium pay shall be considered part of an employee’s rate of basic pay in making determinations relative to pay adjustments effected in accordance with Subsections 1126.16 through 1126.18 of this section.

1126.20 A new appointment in the Legal Service may be made at any step on the appropriate LS salary schedule.

1126.21  A new appointment in the Legal Service to a Senior Executive Attorney Service (SEAS) position or non-SEAS management position may be made at an appropriate rate, as specified in Subsections 1126.22 through 1126.26 of this section.

1126.22    The Attorney General may designate the appropriate starting salary for new appointments to supervisory attorney positions in the Office of the Attorney General (OAG) on the LX Schedule or other appropriate salary schedule, based on the criteria established in Subsection 1126.23 of this section. 

1126.23The personnel authority shall designate the appropriate starting salary for agency supervisory attorneys, including general counsels and deputy general counsels, under the LX Schedule (or its equivalent), based upon, but not limited to, the following criteria:

(a) Number of employees supervised;

(b) Complexity of the duties and responsibilities;

(c) Experience and skills; and

(d)Job performance.

1126.24 The salary of an attorney compensated on the LX Schedule who is temporarily assigned to a position at a higher or lower level on the LX Schedule, or its equivalent, may be set at any salary within the salary range of the temporary assignment or at a salary within the salary range of the level of the attorney’s regular position. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.25 Attorneys paid from an LX salary schedule, or equivalent, shall not receive overtime pay or premium pay.

1126.26 The salary of an attorney compensated outside of the LX Schedule who is temporarily assigned to a position on the LX Schedule may be set at any salary within the salary range of the level to which the attorney is temporarily assigned. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.27 Employees holding appointments in positions not on the LX Schedule on the effective date of this section shall continue to be paid their existing salary until a personnel action is effected establishing a salary within the salary range for the designated level of the covered positions on the LX Schedule.

1126.28At the discretion of the personnel authority in the case of an independent agency as defined in Chapter 36 of these regulations, a new appointment in the Legal Service to a position paid from a LX salary schedule may be made at any rate of the appropriate pay level on the schedule.

 

1126.29An independent personnel authority that employs Legal Service attorneys in SEAS and non-SEAS management positions shall:

 

(a)Issue pay-setting procedures, in writing, for new appointments that include the same or similar factors listed in Subsections 1126.22 through 1126.26 of this section; and

 

(b)Inform affected employees of the pay-setting procedures.

 

 

authority

Section 404(a) 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 § 1-604.04(a) (2014 Repl.)), Section 108a of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.88a (2014 Repl. & 2016 Supp.)), and Mayor’s Order 2008-92, dated June 26, 2008.

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 52 DCR 2729 (March 18, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008); as amended by Final Rulemaking published at 63 DCR 16086 (December 30, 2016).